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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
January 15, 1735 - March 01, 1735
Volume 04, Pages 75-114

[B. P. R. O. Am: & W. Ind: Vols. 23 and 25.]
LEGISLATIVE JOURNALS.

North Carolina.

At a General Assembly begun and held for the said Province at Edenton the fifteenth day of January Anno Dom. 1734. [1735]

Present the Honoble William Smith Esqr Presidt of His Majestys Council.

The Honōble

Nathaniel Rice, Robert Halton, Eleazer Allen, Edward Moseley, Roger Moore, Cullen Pollock

Esqrs Members of His Majesty's Council being the Upper House of Assembly.

The House met and adjourned 'till three of the Clock in the Afternoon.

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The House met again and adjourned till to morrow morning at Eleven of the Clock.


Thursday January the 16th

The House met according to Adjournment.

Present The honōble William Smith Esqre Presidt &c
The Honōble Nathl Rice Esqr &c.
The Honōble Eleazer Allen Esqr &c.
The Honōble Robt Halton Esqr &c.
The Honōble Edwd Moseley Esqr &c.
The Honōble Edmd Porter Esqr &c.
The Honōble Roger Moore Esqr &c.
The Honōble Cullen Pollock Esqr &c.

Received the following Message from the lower House directed to his Excelly the Governor who was present Vizt

To His Excelly the Governour:

The several Members of this House being met are now ready for their Qualification

Signed JOs ANDERSON Clk. G: Ass:
Sent by Colo Henry Bonner
Mr Thomas Luten

Whereupon his Excelly the Governour was pleased to appoint Mr Secrety Rice and Eleazer Allen Esqr Two Members of this Board, to Administer the Oaths by Law appointed to be taken for the Qualification of Publick Officers, to the Several Members of the General Assembly of this Province.

Received the following Message from the lower House directed to His Excelly the Governour Vizt

May it please your Excelly.

The House being now qualified are ready to wait on your Excelly for your directions in the Choice of a Speaker.

Signed J. ANDERSON C: G: Ass.
Sent by Mr William Badham
Mr Henderson Luten.

His Excelly the Governour thereupon sent a Messenger to the General Assembly requiring their immediate attendance, who came in a full Body; and His Excelly was pleased to direct the House to choose their Speaker and present him tomorrow morning at Ten of the Clock for his Approbation.

Then the House adjourned 'till tomorrow morning at Ten of the Clock.


Fryday January the 17th

The House met according to adjournment.

-------------------- page 77 --------------------
Present The honōble William Smith Esqre Presidt
The honōble Nathl Rice Esqr &c.
The honōble Edwd Moseley Esqr &c.
The honōble Robt Halton Esqr &c.
The honōble Roger Moore Esqr &c.
The honōble Edmd Porter Esqr &c.
The honōble Cullen Pollock Esqr &c.
The honōble Eleazer Allen Esqr &c.

His Excelly the Governour came to the upper House and sent a Messenger requiring the attendance of the General Assembly to present their Speaker, and the General Assembly came in a full body and presented William Downing Esqre their Speaker, whom his Excelly was pleased to approve of, and then delivered his Speech to both Houses in the following Words Vizt

Gentlemen of the Council, and Gentlemen of the House of Burgesses.

It was with great surprize and Concern that I found upon my coming into this province everything in such disorder and Confusion; the Members of Council & of the Superiour Courts appointed by his Majesty expelled the Country by Violence and such Men arbitrarily put in their places whose Characters alone were sufficient to bring all Majestracy and Government into contempt and ridicule; The inferiour Courts in some places quite discontinued, and in others under the management of such Persons, who instead of protecting the People in their just Rights, made use of the Power they were invested with, to harrass and Oppress them: in short all business commerce and improvements seemed to be very much at a stand.

It was for these reasons that I thought it proper to take the most early Opportunity of calling you together, and you are Assembled, I flatter myself you are met with a Sincere and hearty disposition of shewing your Duty and Fidelity to his Majesty & of redressing the Grievances of your Country, in the doing of which I hope all your consultations will be managed with decency Temper and Moderation qualities highly becoming all Bodies of Men, who are intrusted with any share of Legislative power, or whose consent is necessary in making and framing such Laws, as are to bind their fellow subjects

Gentlemen,

The settlement of his Majestys Quit rents, which has been so long postpon'd, ought to come under your immediate consideration. As his Majesty purchased this Province for a valuable Consideration and under the most Solemn Sanction of an Act of the who[le] British Legislature; I am confident no person in the Assembly will attempt either to delay or by any evasive captious clauses elude, doing so necessary a piece of Justice to the Crown; especially since his Majesty has been pleased to dispose

-------------------- page 78 --------------------
of these in such manner, that of Course, the greatest part of them must be spent among your selves: an Instance of Goodness which demands the warmest returns of gratitude, and ought to have great weight with you in all your debates, where his Majesty's interest is concerned.

The affair of the currency of your publick Bills is what can be no longer neglected without the entire ruin of the Country: These Bills were originally on a very bad precarious footing, but are now infinitely worse, by the great Number of Counterfeits, which are gone abroad into all parts of the province, by the Villainous arts of wicked and ill disposed persons, and to the utter undoing of many poor industrious Families. As it has been and always shall be my constant endeavour to punish with the utmost severity the Authors and encouragers of such mischievous practices, so it is incumbent on you, it is an indispensible Duty you owe to your Country, to find out a proper remedy for so great an Evil; and as the People of this Province cannot carry on their dealings without some paper currency; to contrive and establish one, on an Honest, just and Solid Foundation, so as to preserve the Publick ffaith inviolable, and prevent for the future the industrious planter from being robbed of the fruits of his Labour, by the tricks and frauds of profligate and abandoned Persons.

You cannot employ your time to better purpose, nor more for the benefit of the people whom you represent than by finding out some proper incouragement, as they have done in most other Colonys of America, for raising such manufactures and products, as may enable you to carry on an immediate and direct Trade to Great Britain, without which I am assured this province must always be a property to its Neighbours, and remain in a poor and Low Condition.

Gentlemen I expect that by some strict and effectual Law, you will put an end to the disorders and riotous proceedings which have for some time past too much prevailed in this country, and which are a shame and reproach to all Government and civil Society: and for this end I must particularly recommend it to you to put the Militia on a better footing, not only in order to defend the Country against all attacks of foreign Enemies, but likewise to assist the civil Magistrate in the Execution of such wholesome Laws and Statutes, as you shall think proper to Enact. These Gentleman are points of such Consequence that neither the Liberty nor the property of his Majestys Subjects in this Province can well Subsist without them, and therefore deserve your first and most early consideration; & I hope nothing of less moment will divert your attention from matters of so great importance.

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Gentlemen I shall not at this time trouble you with any demands for myself; I am Sensible the Confusions & distractions in wch this province has been so long involved have put it prety much out of your power to make any large allowance to your Governor; If I can have the Satisfaction of seeing the Lives Libertys and properties of his Majesty's Subjects in this Province Secured in the most Effectual manner, and of Seeing their Trade manufacture and Riches Increased under my Administration I do sincerely assure you, it will give me a more solid and lasting pleasure, than any appointment your present Circumstances can allow you to fix upon me. I do not doubt Gentlemn you will take care to settle a fund for defraying the Expences, which are necessary for carrying on the Publick Service and answer such contingent charges, as may from time to time arise, without which there is no doing of business during the intervals of Assemblys; and you may depend upon having a fair and just account laid before you every Sessions, how such money has been applyed. I shall take care to lay before you such of my Instructions as I am ordered to communicate, you will find them (however different my other instructions may be) much the same with those of my Predecessor.

Gentlemen of the Council and House of Burgesses,—before I make an end, I must give you one caution, wch is, to guard against the attempts of any set of men whatsoever, who presume to make a distinction between the Interest of the Crown and the interest of the Country, The King of Great Britain is so Potent a Prince, has such large and opulent Dominions both in Europe and America, that the least reflection must convince you, how little it would be worth his while to form any design upon the People of this Province, unless it be the grand and constant design of his whole auspicious Reign, the happyness and prosperity of all his Subjects. The interest of the Crown and of this Province is intirely the same, and whoever the person is, who endeavours to seperate them, he is an Enemy to both, and as such I hope you will always look upon him.

Which being again read at this Board, Resolved that Mr Secretary Rice and Eleazer Allen Esqr be and are hereby appointed a Committee to draw up an Address in Answer to his Excelly's Speech, and to lay the same before this House on Monday Morning.

Adjourned till three of the Clock in the Afternoon.

The House met again and Adjourned till to-morrow Morning at Ten of the Clock.

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Saturday January the 18th

The House met according to Adjournment

Present The Honōble William Smith Esqr President of his Majestys Council.
The honōble Nathl Rice Esqr &c.
The honōble Edwd Moseley Esqr &c.
The honōble Robt Halton Esqr &c.
The honōble Roger Moore Esqr &c.
The honōble Edmd Porter Esqr &c.
The honōble Cullen Pollock Esqr &c.
The honōble Eleazer Allen Esqr &c.

Then the House adjourned till tomorrow morning at Ten of ye Clock.


Monday January the 20th

The House met according to Adjournment

Present The Honōble William Smith Esqr President of his Majesties Council.
The honōble Nathl Rice Esqr &c.
The honōble Eleazer Allen Esqr &c.
The honōble Robt Halton Esqr &c.
The honōble Edwd Moseley Esqr &c.
The honōble Edmd Porter Esqr &c.
The honōble Roger Moore Esqr &c.

Mr Secretary Rice and Eleazer Allen Esqr the Committee appointed to draw up an Address in answer to his Excellys Speech, now laid the same before this board, which was read and approved of, and Ordered that the same be fairly Transcribed and laid before the board at two of the Clock in the Afternoon.

The House met again.

Present The Honoble William Smith Esqr Presidt of his Majesties Counl
The Honoble Nathl Rice Esqr &c.
The Honoble Eleazer Allen Esqr &c.
The Honoble Robt Halton Esqr &c.
The Honoble Edwd Moseley Esqr &c.
The Honoble Edmd Porter Esqr &c.
The Honoble Roger Moore Esqr &c.

The Address was again laid before the House, who Unanimously agreed thereto, in the following words Vizt:

To his Excellency Gabriel Johnston Esqr Captain General Governour and Commander in Chief and Over his Majestys Province of North Carolina and Vice Admiral of the same.

The Humble Address of his Majesty's Council of the said Province, now met in General Assembly.

May it please your Excellency.

We his Majestys most dutiful and Loyal Subjects, Members of the Council of this province, beg leave to take this first Opportunity of Congratulating your Excellencys safe arrival in your Government a happyness so long and impatiently wished for could not but fill Our hearts with the greatest Joy, as well as the deepest Sense of gratitude to Our most gracious Sovereign, whose Royal goodness and paternal care of his

-------------------- page 81 --------------------
People, is so conspicuous, in appointing a Gentleman of your Excellys known and distinguished Abilities to rule over us, at a time when the change was so necessary for the Deliverance of a distressed people, from the Jaws of Rapine Oppression and Violence.

This leads us to return your Excelly our sincerest thanks for your Speech to both houses at the Opening of this Session wherein you are pleased in so particular a manner to take notice of the disorders and Confusion the Province was in at your coming to it; a Confusion which nothing but your Excellys arrival could regulate, and which had your Excelly been detained longer from yr Government, might have terminated in the utter destruction of several of the Gentlemen who have the Honour to sit at this Board. It is impossible for us to reflect without a just resentment on the affronts injuries and indignities these Gentlemen have received in particular, as well as those offered to many others of his Majesty's good Subjects of this Province, whose only crime in their several Offices and Stations was, maintaining and supporting the Laws of their Country and ye Legal Rights and privileges of English Men, under the Tyranny of a person, who being Cloathed with the Royal Authority (an Authority only to do good) vilely prostituted the dignity of his Office defeated the gracious Intentions of his Sovereign, and in conjunction with a set of profligate tools, made use of that power as much as in him lay for the destruction of both; who in a most arbitrary manner, in defiance of his Majesty's Authority and Violation of his Royal Commands, suspended or prevented all his Majestys Council then in this province from taking their seats at that Board, and supply'd their places with Men of the most profligate and loose Character; Persecuted and expelled the Province his Majestys Patent Officers, and filled the places of the Chief Justice and Attorney General, with Men shamelessly devoted to him; the first grossly ignorant of the laws, and both notoriously corrupt and abandoned; hoping and endeavouring by these and other wicked instruments, and under Colour of Law, to effect the utter ruin of those Gentlemen, whose lives were in danger, and only preserved by a timely and unexpected flight.

'Tis to your Excellency's arrival we, as well as the rest of his Majesty's Subjects, are indebted for deliverance from this load of Oppression and Arbitrary Power; to this we owe the agreeable prospect of future Peace Tranquility and freedom, and a revival of business and Commerce among us; All which we shall in Our Station promote to the utmost of our Power, assuring your Excellency that all our debates for these purposes, or any other you are pleased to mention in your Speech, shall be carried on wth what calmness and moderation you have recommended to us.

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We beg leave likewise to assure your Excellency that we shall with the greatest chearfulness take into Our Consideration the settlement of his Majesties Quit rents; a matter so just and equitable in its own nature cannot admit of any delays on our parts; nor shall the business of the Currency want our earliest applycation to regulate it being sensible on how precarious a foundation the publick bills were at first Emitted, but still rendered worse by the Villainous and wicked practices of those abandoned wretches, who have so frequently been concern'd in counter-feiting and uttering them; to that purpose it shall be Our study in conjunction with the House of Burgesses to frame such a law for your Excellys approbation as shall establish our currency on a much more solid basis, as well as to prevent as much as possible any counterfeits for the future.

We entirely agree with your Excellency in the necessity there is for raising such manufactures and products as may enable us to carry on an immediate trade to Great Britain; not only as such a Trade would greatly relieve the Province from the exorbitant demands of Our Neighbouring Colonies for all sorts of English Goods, but might prove one of the best means to preserve our Currency from being depreciated and to maintain it at its true value.

We shall take care as much as in us lyes that the Militia of the province be put on such a footing as may best answer the purposes your Excellency has been pleased to mention, being Sensible how necessary such a body of men are to repel the attacks of Intestine as well as foreign Enemies; And should any set of men be so bold as to insinuate any distinction betwixt the Interest of the Crown and that of this Province, as if his Royal Majesty could form any design against it, we should justly look upon them as enemies to both.

We beg leave to assure your Excellency on the whole that nothing in Our power shall be wanting to render your Excellency's Administration here as easy and happy, as we are convinced it is in your inclination to render those so, who live under it.

Resolved that Robert Halton and Edmond Porter, Esqrs, two of the members of this House wait upon his Excelly, the Governour and acquaint him that this House was ready to wait upon him with their Address; and then the House waited upon his Excellency accordingly.

His Excellency was thereupon pleased to make the following Answer, Vizt

Gentlemen

I am very much obliged to you for this kind and affectionate Address, and hope that by our joynt endeavours, the peace of his Majestys Colony

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will be firmly established, Its Trade and Commerce Enlarged, & a Constant good Harmony always subsist among the different Branches of ye Legislature.

Then the House adjourn'd 'till tomorrow morning Ten of the Clock.


Tuesday January the 21st

The House met again.

Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c.
The honōble Eleazer Allen Esqr &c.
The honōble Robert Halton Esqr &c.
The honōble Edwd Moseley Esqr &c.
The honōble Edmd Porter Esqr &c.
The honōble Roger Moore Esqr &c.

A Message came from the General Assembly to his Excelly the Governour acquainting him that they were ready to wait on him with their Address in Answer to his Excellencys Speech, who was pleased to require their attendance in the Council Chamber, and accordingly the General Assembly waited on his Excellency with their Address, which was read, whereupon the honōble the Council desired a Copy of the said Address from his Excellency to be entred in their Journal, which he was pleased to grant, & is as follows Vizt

To His Excellency Gabriel Johnston Esqr Captain General Governour and Commander in Chief in and Over his Majestys province of North Carolina and Vice Admiral of the same.

The humble address of the lower House of Assembly of the said Province.

We his Majestys most dutiful and loyal Subjects members of the lower House of Assembly do with the greatest pleasure embrace this first opportunity of congratulating your Excellency's safe arrival into this Province; and with most grateful hearts acknowledge the Royal goodness of our Sovereign shewn unto us in appointing a Gentleman of your Excellencys Qualifications and Consummate goodness to be our Governour; which has effectually delivered us from a State of Tyranny and Oppression.

We must beg leave to return your Excellency Our most unfeigned thanks for your kind expressions for our welfare in your Speech to both Houses at the opening of this Session; and for the particular concern your Excellency expresses at the disorders and Confusion you found this poor unhappy Country under; which nothing but the happy arrival of your Excellency, could remedy; for when his Majestys Council and patent Officers were by violence expelled the Country and Men of the most profligate Characters placed in their Room; when the supream and other Courts of Judicature were in great measure filled with men of

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gross ignorance and known partialty, what but misery and ruine could be expected from such a corrupt Administration nor are those dismal Consequences barely grounded on Reason only but experience, some well meaning honest persons of undoubted good Characters being obliged to desert their Habitations, or subject themselves to be prosecuted as Rioters, or what other hard and injurious Titles those profligate Usurpers were pleased to give the best of Actions even that of appearing ready to defend the Laws of their Country, and supporting his Majesty's Authority invested in his Officers, we have no cause to doubt of your Excellencys putting a particular mark of distinction on such persons who were so ready to support Arbitrary and unjust Government hitherto unknown to the British Constitution.

We return your Excellency our hearty thanks for immediately calling an Assembly, your readiness to redress publick grievances, your abhorrence of the late vile practices and the Authors of them, all which gives us the strongest hopes that the distracted State of this poor Province will by happyly settled under your Excellency's Administration.

We are (may it please your Excellency) very ready to fall into any method which shall be proposed towards paying Our Quit rents, and in such a manner as can consist with the Abilities of his Majestys poor Tenants which we doubt not will remove all Scandalous reflections cast upon the Assemblys of this Province. The bad state of our Currency is in a great measure owing to the late corrupt Administration who neither would suffer the annual Collections to be made as in the Act was directed, nor those vile persons who Counterfeited them to be prosecuted; for we are persuaded had the Yearly payments to each respective Treasurer been made, and those profligate persons punished who counterfeited them, there would be scarce a Sufficiency to answer the Contingent charges of this Government: we are very ready to concurr with your Excellency and his Majesties Council to remedy this evil; as also to give such ample encouragement to Navigation and raising such Manufactures as may Open a Trade to Great Britain and some other of the British Dominions.

No Laws (May it please your Excellency) can be made effectual in any Country to suppress Riots when the Chief Magistrate is the principal Rioter; but that objection being now removed, we are ready to pass any Laws that shall be Judged necessary to put a stop to future attempts of that Nature.

The distracted state of this Government will not allow us to make provision for your Excellency suitable to your Merit and dignity; but we hope the Assembly of Carolina will at all times so behave themselves to his Majesty's Governour and other Officers, and Contribute towards their

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honourable support, as may evidently prove that they have nothing more at heart than the Honour and dignity of the Crown & the happyness of the subject, whose interests by the British Constitution are so insperably conjunct that any Seperation made must terminate in the Ruin of both, and shall at all times look on any attempt of that nature made (and its Author) with the utmost abhorrence and Detestation.

By Order of the House.
W. DOWNING Speaker.

Then the House Adjourned till three of the Clock in the afternoon.

The House met again according to Adjournment.

Present the Honōble William Smith Presidt of his Majesties Council

The honōble Nathaniel Rice Esqr &c
The honōble Roger Moore Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Eleazer Allen Esqr &c

Received the following Message from the Lower House Vizt


Tuesday January ye 21st

To the Honourable the Council being the upper House of Assembly now Sitting.

Ordered that Mr James Castelaw Mr William Badham Mr Samuel Swann Mr Maurice Moore Mr George Turner Mr George Roberts Mr Stevens Lee Mr Samuel Sinclair Mr Gab: Burnham and Mr Arthur Williams to be a Committee to Joyn with a Committee of the upper House to conferr on a bill entituled an Act to regulate and Ascertain the Payment of Quit rents; an Act for Establishing and fixing Circular Courts in this Province; and an Act for regulating the Currency.

Sent by
Mr Harrold
& Mr Lee

Ordered that a Message be sent to the upper House By Order

JOS. ANDERSON Clk Genl Assy

To which this House sent the following answer Vizt

Mr Speaker and Gentlemen,

In answer to your Message this House have appointed Mr Secretary Rice Eleazer Allen and Cullen Pollock Esqrs a Committee on the affairs you mentioned, to Joyn those of your house, who are ready to attend immediately. By Order

R. FORSTER Clk Up: H:

Then the House adjourned till tomorrow morning at Ten of the Clock.

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Wednesday January 22d

The House met again.

Present The honōble William Smith Esqr Presidt of his Majesty's Council

The honōble Nathaniel Rice Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Robt Halton Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

Then the House adjourned till tomorrow morning Ten of the Clock.


Thursday January 23d

The House met according to Adjournment.

Present The honorable William Smith Presidt of his Majesties Council.

The honōble Nathaniel Rice Esqr &c
The honōble Edwd Moseley Esqr &c
The honōble Robert Halton Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

The House adjourned till tomorrow morning Ten of the Clock.


Fryday January the 24th

The house met according to adjournment.

Present The honourable William Smith Esqre Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Roger Moore Esqr &c
The honōble Edwd Moseley Esqr &c
The honōble Cullen Pollock Esqr &c

Received the following Message from the lower House Vizt Thursday January 23rd

To the honoble the upper House of Assembly.

Ordered That Mr William Badham Doctor George Alleyn Mr Charles Westbeir Mr Zebulon Clayton Mr John Dawson and Captain Arthur Mabson, be a Committee to Joyn a Committee of the Upper House, to Examine into the publick accounts and report the same to this House.

Sent to the upper House for concurrance.

By Colo Bonner

Mr Thos Luten

By Order
JOS ANDERSON C: G: A:

To which this House sent the following Answer Vizt

Mr Speaker & Gentlemn

This House have appointed Edmond Porter and Eleazer Allen Esqrs, a Committee to Joyn the Committee by you appointed to examine into ye Publick accounts. By Order

Rt FORSTER Clk: Up: H:

Then the House adjourned till three of the Clock in the afternoon.

-------------------- page 87 --------------------

Then the House met according to adjournment; And adjourned 'till tomorrow morning Ten of the Clock.

Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honoble Robert Halton Esqr &c
The honoble Roger Moore Esqr &c
The honoble Edward Moseley Esqr &c
The honoble Cullen Pollock Esqr &c


Saturday January 25th

The House met according to adjournment.

Present The honōble William Smith Esqre Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Roger Moore Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Cullen Pollock Esqr &c

Then the House adjourned till Monday Morning Ten of the Clock.

Monday January ye 27th The House met according to adjournment.

Present The honōble William Smith Esqre presidt of his Majesty's Council

Nathaniel Rice Esqr &c
Eleazer Allen Esqr &c
Robert Halton Esqr &c
Edward Moseley Esqr &c
Edmond Porter Esqr &c
Roger Moore Esqr &c

Received the following message from the lower house Vizt Monday January ye 27

To the Honōble the upper house of Assembly now sitting,

Whereas it is found necessary during the sitting of this Session, that Messengers be sent to the several precinct Treasurers, Powder Receivers & others concerned with publick moneys, It is therefore Resolved that the sum of Sixty pounds be drawn out of the publick Treasury to defray the Charges of such Messages. And that the same be Lodged in ye hands of ye Speaker, he accounting at the end of this Session, how & in what manner, the same is disposed and that his Excelly be desired to grant his Warrant to the publick Treasurer for the payment thereof.

Sent to the upper house for Concurrance

By Dor Alleyn

Mr Samuel Swann.

By Order
JOS. ANDERSON Clk Gen Ass:

which was read and concurred with, and Sent to To his Excelly by Mr Secretary Rice and Edward Moseley Esqr By Order

Rt FORSTER Clk. Up: H:

To which his Excellency was pleased to give his Assent.

Ordered that the same be sent to the Lower House.

Then the house adjourned till tomorrow morning Ten of the Clock

-------------------- page 88 --------------------

Tuesday January 28.

The House met according to adjournment.

Present The honourable William Smith Esqr President of His Majesties Council.

The Honōble Robert Halton Esqr &c
The Honōble Edward Moseley Esqr &c
The Honōble Edmond Porter Esqr &c
The Honōble Roger Moore Esqr &c
The Honōble Eleazer Allen Esqr &c
The Honōble Cullen Pollock Esqr &c

The House met and adjourned till tomorrow morning Ten of the Clock.

Wednesday January 29th The house met according to Adjournment.

Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

The House met according to adjournment.

Read a Bill from the Lower House for Providing his Majesty a Rent Roll for securing his Majestys Quit rents; For the Remission of the arrears of Quit Rent; For quieting the Inhabitants in their Possessions; and for the better settlement of his Majesty's province of North Carolina; which Bill the House entred into the Consideration of. And adjourned till tomorrow morning Nine of the Clock.


Thursday January 30th

The House met according to adjournment.

Present the honourable William Smith Esqre Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

The house met and adjourned till tomorrow morning at Ten of the Clock

Fryday January 31st. The House met according to adjournment.

Present The honourable William Smith Esqr Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

The Bill for providing his Majestys rent Roll &c. was this day read in the upper house, and passed the first time with amendments.

Read a Bill for an Act for repealing a Clause in an Act Intituled an Act relating to Biennial and other Assemblys, which empowers ffreemen

-------------------- page 89 --------------------
of the several precincts to vote for members of Assembly, and declaring what persons shall be qualified to Vote for Members to sit in General Assembly, and also the Qualification of Members for the future, the first time and passed with amendments.

Read a Bill for an Act to establish that part which was formerly of Bertie precinct lying on the South side of Roanoke River by the Name of Edgecombe precinct the first time and passed with amendments.

Read a Bill for an Act for appropriating the Powder money towards fortifying and beaconing & Buoying out the several ports or Channels of this province and for imploying of pilots, in the upper House the first time & passed.

Saturday February the 1st The house met according to adjournment and then adjourned till Monday morning at Ten of the Clock.

Monday February the 3rd The House met again.

Present The honourable William Smith Esqr Presidt of his Majestys Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

The House adjourned till tomorrow morning Ten of the Clock.


Tuesday February 4th

The House met according to adjournment.

Present The Honourable William Smith Presidt of his Majesty's Council.

The Honōble Robert Halton Esqr &c
The Honōble Edward Moseley Esqr &c
The Honōble Edmond Porter Esqr &c
The Honōble Roger Moore Esqr &c
The Honōble Eleazer Allen Esqr &c
The Honōble Cullen Pollock Esqr &c

This day was read in the House the Second time the Bill for establishing that part which was formerly of Bertie precinct on the South side of Roanoke River, a precinct of the name of Edgecombe precinct, & passed with amendments

Read in the House a Bill for an Act for Repealing a Clause in an Act relating to Biennial and other Assemblys which impowers freemen of the several precincts to Vote for Members of Assembly and declaring what persons shall be qualifyed to Vote for members to sit in General Assembly; and also the Qualification of members, the second time and passed wth amendments.

Read in the Upper house a Bill for appropriating the Powder money the second time and passed with amendments.

-------------------- page 90 --------------------

Read in the Upper house a Bill to Establish and confirm the precincts of Onslow and Bladen the first time and passed.

Received from the Lower house the quit rent Bill, and the House entred into the Consideration thereof, and then adjourned till tomorrow morning at Ten of the Clock.


Wednesday February the 5th

The House met again.

Present The honourable William Smith Esqre Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c

This day was read in the Upper House a second time the Bill for providing his Majesty a Rent Roll for securing his Majestys Quit Rents; for the remission of the arrears of Quit rents; for Quieting the inhabitants in their Possessions; and for the better settlement of his Majestys Province of North Carolina; and passed with amendments.

Then the House adjourned till Tomorrow morning at Ten of the Clock.


Thursday February the 6th

The house met again.

Present The honōble William Smith Esqre presidt of his Majestys Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

Read this day a Bill sent from the Lower House for regulating the present Currency of this Province, the first time and passed with amendments.

Then the House adjourned till tomorrow morning at Nine of the Clock.


Fryday February the 7th.

The House met again.

Present the honōble William Smith Esqr presidt of his Majesty's Council.

The Honōble Robert Halton Esqr &c
The Honōble Edward Moseley Esqr &c
The Honōble Edmond Porter Esqr &c
The Honōble Roger Moore Esqr &c
The Honōble Eleazer Allen Esqr &c
The Honōble Cullen Pollock Esqr &c

Read a Message from the Lower house relating to Mr Stephen Goulde, late powder Receiver of port Bath which is ordered to lye on the Table for further Consideration.

Then the house adjourned till tomorrow morning Ten of the Clock.

-------------------- page 91 --------------------


Saturday February the 8th.

The house met according to adjournment.

Present The honōble William Smith Esqre Presidt of his Majesties Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

Read a Message from the Lower house appointing Colo Henry Bonner Mr Charles Denman Mr Arthur Williams Mr Robert Turner and Mr Samuel Swann junior a Committee to examine into and Settle the Account of Claims due from the publick, which is ordered to lye on the Table for further Consideration.

Then the House adjourned till Monday morning Ten of the Clock.


Monday February 10th

The House met again.

Present The honōble William Smith Esqr presidt of his Majestys Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Roger Moore Esqr &c

This day was read again the Message from the Lower house on Fryday last relating to Mr Stephen Goulde late powder Receiver of Port Bath; as also a Message from that House Appointing a Committee to examine into and settle the Account of Claims due from the publick; to which this House returned the following Answer, Vizt


In the Upper House ffebruary the 10th 1734. [1735]

Mr Speaker and Gentl

In Answer to your Message on Fryday last relating to Mr Goulde, We are of opinion that that affair be laid before his Majesty's Attorney General to know how farr Mr Burrington is lyable for the loss of the money received by Mr Goulde, we shall therefore consult him upon it and send you down his Opinion thereon. And pursuant to your resolve of Saturday last of a Committee of your house on Claims, we have Appointed the Chief Justice and Eleazer Allen Esqr a Committee of Our house to joyn that of yours.

Signed
Wm SMITH.

Then the House adjourned till tomorrow morning at ten of the Clock.


Tuesday February 11th

The House met again.

Present The honōble William Smith Esqr President of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Roger Moore Esqr &c
-------------------- page 92 --------------------

Read from the Lower House the following Resolve Vizt

To the Honourable the upper House,

In the Lower House Tuesday ffebruary the 11th 1734. [1735]

Resolved that the sum of Twenty pounds be paid out of the Publick Treasury unto the Reverend Mr John Garsia, for performing divine Service and Preaching a Sermon before his Excellency ye Governour Council and Assembly Sunday last; and that His Excellency be desired to issue his Warrant for payment thereof.

Sent to the Upper House for Concurrance by
Mr Turner
Mr Roberts.

Which was concurred with.

By Order
JOS. ANDERSON Clk Genl Ass:

Received from the Lower House and Read the Bill for providing his Majesty a Rent Roll for securing his Majestys Quit rents; for the Remission of the Arrears of Quit rents; for quieting the Inhabitants in their Possessions; and for the better settlement of his Majestys Province of North Carolina the third time and rejected; as also a Message relating thereto,

Resolved That Mr Chief Justice and Colo Halton draw up answer to the said Message and lay the same before this House,

Mr Chief Justice and Colo Halton Reported to the House an Answer to the Message from the Lower House, sent with the Quit rent Bill, which was read and referred for the further Consideration of this House till tomorrow morning.

Then the House Adjourned till tomorrow morning Ten of the Clock.


Wednesday February 12th

The House met again.

Present The Honōble William Smith Esqre Presidt of his Majesty's Council.

The honōble Edmond Porter Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Roger Moore Esqr &c

Read in the Upper house the Second time a Bill to confirm and Establish the Precincts of Onslow and Bladen & passed

Read a Bill for an Act to establish that part which was formerly of Bertie precinct lying on the South side of Roanoke a precinct by the name of Edgecombe the third time and rejected.

Read in the Upper House a Bill for Establishing the North East Parish of Pasquotank into a New precinct the first time and passed with amendments.

-------------------- page 93 --------------------

Upon reading the Preamble of the Bill for Qualification of Members of Assembly &c this House sent the following Message to the Lower House, Vizt

Mr Speaker and Gentlemen

On reading the Bill for Qualification of Members of Assembly &c We find the preamble not so fully explained as we think it ought We have therefore made some Alteration in it, which we send down for your Approbation, before we add it to the Bill, this being the last Reading

Adjourned till three of the Clock in the Afternoon.

Present The honourable William Smith Esqr Presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c

This day was again Read the Report of Mr Chief Justice and Colo Halton in Answer to the Message from the Lower House relating to the Quit Rent Bill which was approved of and is as follows Vizt

Mr Speaker and Gentlemen of the Assembly

We are sorry to find you have, after this your last reading, sent up the Bill for payment of his Majesty's Quit Rents so clogg'd, that we are under a Necessity of rejecting it; If you thought the places of payment as they stand in our amendment too few, you had it in your power to have made it as easy to the people as you pleased, provided you had not done it at the Kings Expence; and in this the people in Virginia, whom you quote as a precedent have Chaulk'd out the way for you. We grant you that an allowance is made to the people in that province paying inspected Tobacco some Thirty and none under Ten pr Cent according to the remoteness of their Scituation; but then Gentlemen, it had been but fair to have taken notice that all these allowances are made up by every Assembly to the Receiver General, who receives the Crown rents (as is most just) entire and Compleat. If you had taken any such method as this to ease the people, we should have complyed with great chearfulness; but to prescribe to his Majesty such a manner of Collecting his just rents, as by the most modest computation will oblige him to spend one half in recovering the Other, is in Our opinion neither better nor worse than making an Act to oblige his Majesty to take but One half of his Quit rents: and whatever hopes you may have conceived of what his Majesty expects, we are well assured that he does expect, and has a Right to have, his Quit rents paid nett into the Receiver General's hands; and

-------------------- page 94 --------------------
as his Majesty purchased the Soil for a Valuable Consideration, and by an Act of Parliament, we are confident nothing less will ever be accepted of.

As to what you mention about the antient Laws and Usage of this Country, we can not pay any great regard to it, unless you will be pleased to shew us any of them, which makes for your purpose, confirmed by an Authentick deed, under the hands and Seals of the Lords proprietors. For the Assemblys in former times who were their Lordships tenants to enact that the rents should be paid in such a manner and in such Com̄oditys as they thought proper, without ever obtaining their Lordships consent since in Our Judgment, ye same thing as a debtor, telling his Creditor, he will only pay him as he pleases, without any regard to their Contract: such reasoning as this we are sure will never be allowed by his Majestys Ministers at home, & it would, we think, be triffling with them, and with the people of the province too, for us to allow it, it being certain that his Majesty can recover, his Quit rents, without either asking your consent or Ours.

If you please to consult your own records of the Assembly which met in July 1712 while the Indian Warr was raging in the Country, you will find in a letter from the Lords proprietors, they demand that, considering the smallness of their reserved Rents, they should be paid in the finest Silver. If their Lordships expected this from the Country when it was in the most melancholy calamitous circumstances, sure his Majesty, after so many years peace and tranquility, may very justly expect the same.

And here we cannot but take notice of an assertion that has been made in your house during the late Administration, that as the Laws now stand, the Quit rents are payable in Province Bills without any discount; if you will only let us know when the proprietors ever accepted of this (we are sure by the Nature of the thing it must be null & void without their Acceptance) we will yield all the other points in dispute; one thing we are certain of that in the year 1717 The Assembly, as appears by the Records page (142) disclaimed in the most Solemn manner all attempts of this Nature, what illegal concessions and unjustifiable Steps may have been made a few years before the purchase of the Crown took place by the Lords proprietors Councillors and Officers we dont at all regard; it is enough to us that they were never confirmed by their Lordships, and consequently not binding on the Crown, which now stands in their place.

Because they betrayed the interest of their Masters, it does not follow that we must give up the just right of his most gracious Majesty, on the Contrary we shall always Endeavour to the utmost of Our power, to

-------------------- page 95 --------------------
detect their numerous frauds, by which they may have unjustly enriched themselves and their relations, injured his Majesty's Revenue, and plundered their fellow Subjects.

Resolved that a Copy thereof be sent down to the Lower House,

Adjourned till tomorrow morning Ten of the Clock.

Thursday February 13th The House met again.

Present The honourable William Smith Esqr presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Roger Moore Esqr &c
The honōble Eleazer Allen Esqr &c

Read in the Upper House the Bill for Regulating the present Currency of this province the second time and passed with amendments.

Read a Bill for laying out making altering and keeping in repair the several Roads and highways with the several precincts of the County of Bath for building Bridges cleansing and keeping clean the several Rivers and Creeks within the same the first time and passed


Fryday February 14th

The house met again and adjourned till tomorrow morning Ten of the Clock.


Saturday ffebruary the 15th

The house met again and adjourned till Monday Morning at Ten of the Clock


Monday February 17th

The house met again & adjourned till Tomorrow morning at Ten of the Clock.


Tuesday February 18th

The House met according to adjournment.

Present the honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Robert Halton Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Eleazer Allen Esqr &c

Read a Bill for laying out, making altering and keeping in repair, the several roads and highways within the several precincts of the County of Bath, for building bridges, cleansing and keeping clean the several Rivers and Creeks within the same, the second time and passed with amendments.

The house adjourned till tomorrow morning Ten of the Clock.

-------------------- page 96 --------------------

Wednesday February 19th

The house met according to adjournment.

Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble M. Rowan Esqr &c
The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Eleazer Allen Esqr &c

Read a Bill for an Additional Act to the Act concerning Roads and Ferrys the first time and passed with amendments.

Read a Bill for establishing the North East parish of Pasquotank in a precinct by the name of and passed.

Read a Bill for an Act to confirm and Establish the precincts of Onslow and Bladen and for appointing them distinct Parishes the third time and passed. Ordered that the same be Engrossed

Read a Bill for granting to his Majesty the sum of £10,000.0.0 for the service of the publick of this province; and for laying a Tax on the Inhabitants of the same, for the payment thereof; & for stamping the sum of £10000 Bills of Credit for the more immediate discharge of part thereof, the first time; & passed with amendments: and Resolved that the following Message be sent down with the said Bill, Vizt,

Mr Speaker and Gentlemen,

On reading the Bill for making Ten thousand Pounds &c sent us this morning, we have thought proper to make some amendments thereto which you will find upon reading do not alter the nature or any Essential part of the Bill.

The preamble as we have made it is matter of form only but such as is Constantly used in Bills of this kind in the Kingdom of Great Britain and Ireland and most of his Majesty's plantations in America which is the reason for Our inserting it instead of yours all which we hope you will agree to

Nathl RICE.

Upper house ffeb 19th

Read a Bill from the lower house for an Act to ascertain the allowance of his Majesty's Council and the Members of Assembly of this Province the first time and passed with amendments.

Received from the lower House a Message desiring that Edward Moseley and Cullen Pollock Esqrs be joyned with the Speaker of their House to examine the Bills to be paid in from the persons having publick Moneys in their hand which was concurred with

Then the house adjourned till tomorrow morning at Nine of the Clock.

-------------------- page 97 --------------------

Thursday February 20th Present the honōble William Smith Esqr Presidt of his Majesty's Council

The honōble Nathl Rice Esqr &c
The honōble Math : Rowan Esqr &c
The honōble Robert Halton Esqr &c
The honōble Edwd Moseley Esqr &c
The honōble Edmd Porter Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Eleazer Allen Esqr &c

Read a Bill from the Lower House for an Act for laying a duty on Liquors for and towards defraying the contingent charges of Government and to make a poll tax on the poorer Inhabitants the more Easy, the first time and passed with amendments.

Read a Bill from the lower house Entituled an Additional Act to an Act for destroying of Squirrels the first time and passed with amendments.

Read a Bill from the lower house Entituled a Bill for reviving an Act Entituled an Additional Act to the Act for the Tryal of Small and Mean causes the first time and passed with amendments.

Received a Message from the Lower House, Vizt


ffebruary 20th 1734. [1735]

To the honourable the Upper House.

Upon reading the Currency Bill in this House, we perceive that the Commissioners therein mentioned, are to give Security in the sum of Ten thousand pounds; We are of Opinion they ought to give Security for double the sums they are entrusted with, which will be Twenty thousand pounds each. We desire to know whether you will concurr with us in making that alteration in the Bill By Order

JOS: ANDERSON Clk Genl Ass.

which was read & Concurred with.

Sent by Mr Wynns, Mr Dawson

Read a Bill for an Act to enable the Chief Justice or other Judges of the General Court to Try Issues in Civil Causes by Writ of Nisi Prius in the County of Bath, the first time and passed.

Read a Bill for an Act to ascertain the allowance of his Majesty's Council and the Members of Assembly of this Province the second time and passed with amendments.

On reading the Bill for Regulating Elections the third time the following Message was sent down to the lower House Vizt

Mr Speaker and Gentlemen,

On reading the Election Bill a third time in Order for Engrossing, we still find some amendments Necessary, which may have slipped the

-------------------- page 98 --------------------
notice of both Houses. We think every freeholder, entituled to Vote for a Member, should be possessed with such ffreehold at least three months before he Offers to give his Vote; and that the words bona fide should be inserted in that Clause; and this is in Order to prevent any fraudulent Conveyances, sometimes calculated for these purposes only, which if you consent to, we will amend the Bill, & send it to your house immediately. By order

W. SMITH Presidt

Read a Bill for laying out, making altering and keeping in Repair the several Roads and highways within the several precincts of the County of Bath; for Building Bridges, cleansing and keeping Clean the several Rivers & Creeks within the same, the third time and passed.

Ordered that the same be engrossed.

Read a Bill for an Act for Repealing a Clause in an Act, Entituled an Act, Relating to Biennial and Other Assemblys, which impowers ffreemen of the several precincts to Vote for Members of Assembly, and declaring what persons shall be Qualified to Vote for Members to sit in General Assembly; and Also the Qualification of Members for the future, the third time and passed. Ordered that the same be Engrossed.

Read a Bill for an Act appointing the North East Parish of Pasquotank into a distinct precinct by the Name of Johnston precinct the third time and passed. Ordered that the same be engrossed

Read a Bill for an Additional Act to the Act concerning Roads and Ferrys a second time and passed with amendments.

Then the house adjourned till tomorrow morning at Nine of the Clock.

Fryday February 21st. The house met according to adjournment. Present The honourable W. Smith Esqr presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Robert Halton Esqr &c
The honōble Edwd Moseley Esqr &c
The honōble Edmd Porter Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Eleazer Allen Esqr &c

The honōble {Nathl Rice Mathew Rowan Robert Halton Edward Moseley Edmond Porter Cullen Pollock Eleazer Allen} Esqrs &c

Read a Bill for Stamping and Exchanging the present Bills of Currency of this Province and for the better explaining an Act of the General Assembly passed the 27th day of November 1729 Entituled an Act for making and Emitting the sum of ffourty thousand pounds Publick Bills of Credit of North Carolina the third time and passed. Ordered that the same be Engrossed.

Read a Bill for an Act for laying a duty on Liquors for and towards the defraying the Contingent Charges of Government; and to make a poll tax on the poorer Inhabitants more Easy, a Second time, and passed with amendments.

-------------------- page 99 --------------------

Read a Bill for an Act for reviving an Act Entituled an Additional Act to the Act for the Tryal of Small and mean Causes a Second time and passed

Read a Bill for an Additional Act to an Act for destroying Squirrels a second time and passed with amendments.

Resolved that the following message be sent down to the lower House Vizt

Mr Speaker and Gentlemn

The report of the Committee of Publick Accounts being before this House, we desire the publick Treasurers Accounts may be laid before us.

By Order
W. SMITH Presidt

On reading the Bill for ascertaining the allowance of the Council and Assembly the third time, the following message was agreed on to be sent down to the lower House Vizt

Mr Speaker and Gentlemn

On reading the Bill to ascertain the allowance of the Council and Assembly the third time, we find you have altered the amendment made by this House, which relates to Proclamation Money, and Confined it as at first to four for One in paper Bills of this Province, which amendment we can by no means agree to, the paper bills being at present at a much greater discount than you have Ascertained: If you think fit to appoint a Committee of your house to confer with yt of Ours on this Subject, they shall meet yours as soon as you think proper.

By Order
W. SMITH Presidt

Resolved that Eleazer Allen and Mathew Rowan Esqrs be and are hereby appointed a Committee to confer with such Members as shall be appointed by the Lower house to conferr on the subject matter of the Bill for Ascertaining the allowance of the Council and Assembly

Read a Bill for an additional Act to the Act concerning Roads and Ferrys the third time and passed. Ordered that the same be engrossed.

Then the House Adjourned till tomorrow morning Nine of the Clock.

Saturday February 22d The house met according to adjournment. Present The honourable William Smith Esqr Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c
-------------------- page 100 --------------------

Read from the Lower house a Message desiring this house to appoint a Committee to joyn the Committee appointed by them for examining and destroying £446.9 Old Bills in the Hands of Colonel Edward Moseley Publick Treasurer.

Resolved That Cullen Pollock Esqr be joyned with the Committee of the Lower house to examine and destroy the said Bills.

Read the third time a Bill for an Act for reviving an Act Entituled an Additional Act to the Act for the Tryal of small and mean Causes and passed. Ordered that the same be engrossed.

Read the third time a Bill for an Act to ascertain the Allowance of his Majesty's Council and the Members of Assembly of this Province, and passed. Ordered that the same be Engrossed.

Read a Bill for an Act to enable the Chief Justice or other Judges of the General Court to try Issues in Civil Causes by Writ of Nisi Prius in the County of Bath the second time and passed with amendments.

Whereas his Excellency the Governour was pleased to lay before this House a report of the Committee of both houses of Assembly of South Carolina, relating to the boundaries between the two provinces, occasioned by his Excellencys Letter to the Governour of South Carolina on that Subject which report was read

Resolved that Eleazer Allen and Edward Moseley Esqrs are hereby appointed a Committee to Answer the same.

Read a Message from the Lower House on the back of Captain Tripps Petition desiring the Concurrance of this House in giving the said Captain Tripp further time till the next Biennial Assembly to pay the Ballance of his Account Vizt the sum of £149 Province Bills, in regard of the said Tripps Publick Service; which this House concurrs with, provided the said Tripp gives Security to pay the same

Then the house adjourned till Monday Morning at Ten of the Clock.

Monday February 24th The House met according to adjournment. Present The honourable William Smith Esqr Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Edward Moseley Esqr &c

Received from the Lower House the following Message Vizt


Monday February 24th 1734 [1735]

To the Honourable the Upper House

Whereas the Treasurers of the several precincts by a Law passed in the Year 1729 were empowered and directed to Collect a Poll Tax of ffive shillings due for the Year 1729, also a Tax of three shillings per

-------------------- page 101 --------------------
Poll annually till the next Biennial Assembly; & as some of the said Treasurers have not accounted for any of the said Levys, and those that have accounted, have not accounted for the whole; We therefore desire to have your Opinion whether the arrears of the said Taxes should not be immediately collected and Applyed to sinking the sum of Two thousand Pounds Old Bills passed in the Year 1722 & not yet exchanged and destroyed.

By Order
JOS. ANDERSON Clk. Genl. Assem.
Sent by Mr Thomas Luten, Mr Wm Badham

To which Message this House sent the following Answer Vizt

Mr Speaker and Gentlemen,

In answer to your message just now received, we are of Opinion that the Precinct Treasurers be immediately directed to collect the arrears of Taxes due for the Year 1729, and the following year, it being we think, an abuse on the Publick, that that law has not been complyed with; we readily consent that such arrears, when collected may be appropriated as you mentioned, but should be glad to know a particular state of that matter; as how much has been accounted for & paid of the said Tax, and what remains on Ballance. By Order

Rt FORSTER Clk Upp: House.

Then the House adjourned till tomorrow morning at Ten of the Clock.

Tuesday February 25th The House met again. Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Mat. Rowan Esqr &c

Read the third time a Bill for an Act for laying a duty on Liquors for and towards defraying the Contingent Charges of Government, and to make a Poll Tax on the poorer Inhabitants the more Easy, and passed. Ordered that the same be Engrossed.

This day was read a Message from the lower House which was received last Saturday, Vizt Saturday ffeb. 22nd

To the honōble the Upper House,

Whereas there was an Emission of £12000 Bills of Credit passed in the Year 1722, and in the Year 1729 there was made the sum of Ten thousand pounds to exchange the aforesaid £12,000 supposing £2,000 of the said £12000 to be Torn lost and defaced, but now it appearing that the Powder Receivers and others concerned with the Publick moneys

-------------------- page 102 --------------------
have several Sums of those Bills first Emitted in Order to defray their dues to the Publick, and as such Bills were made obsolete in the Year 1729, we desire your Opinion whether such Bills are to be taken in discharge of their dues by the Com̄ittee appointed to receive the same.

By Order
JOS: ANDERSON Clk Genl Ass:
Sent by Mr Castelaw, Mr Lee

To which Message this House sent the following answer Vizt:

Mr Speaker and Gentlemn,

In answer to your Message relating to the Old Bills we are of Opinion that as those old Bills were declared not to be Current by an Act passed in the Year 1729, they ought not to be taken in discharge of any publick dues whatsoever; but that all persons possessed of any such Bills, may bring them into the General Assembly at the next Biennial with a Claim, and that they ought to be allowed.

Present Edmond Porter Esqr

Received the following Message from the Lower House Vizt

To the Honōble the Upper house

Colonel Moseley producing the report of the Publick Accounts to this House, and prayed that the same be further examined; and Observe that as a publick Treasurer he is in advance for the publick £394.0.7 and he has delivered £446.4.6 which was destroyed; he also charges 15 per Cent for exchanging the same, which comes to £3.7.0 in all £843.12.1; and as precinct Treasurer is Debtor the sum of £454.10.2; so that on the Ballance of both His Accounts, there is due to him £389.1.11 to Reimburse him that sum: Wherefore it is ordered that it be placed to the Estimate of Publick debts, We likewise find by the report of the Committee that the Loan money is burthened with 15 per Cent and ye impost with 12 per Cent by the publick Treasurers accounts, which charge we find has been Customary, if your House shall think those Commissions too large, we are ready to concurr with what you shall think reasonable.

In the Lower House ffeb: 24 1734 [1735]. By Order
JOS: ANDERSON Clk Genl Ass.
Sent by Colo Bonner, Henderson Luten.

Which was read in the Upper house & Concurred with and that the same be placed to the Estimate of the Publick Accounts. By Order

R. FORSTER Clk Up: H:

Read a Message from the Lower House received from the Lower House the 22nd Instant which was Read in these Words Vizt

-------------------- page 103 --------------------

Feb. 22: 1734 [1735]

To the Honorable The Upper House

This House is of Opinion that Ten shillings per diem Current Bill money, the arrearages due to the Members of the Assembly before this Session, is not sufficient for their support; therefore desire your honours Opinion whether it may be enlarged by allowing them Twenty shillings per Day for Services in former Assemblys, and not yet paid, and being so long out of their money. By Order

JOS: ANDERSON Clk Genl Ass.
Sent by Mr Denman, Mr Skinner

To which this House sent the following Message Vizt


Upper House Feby 25, 1734 [1735]

Mr Speaker & Gentlemen

In answer to your Message of the 22nd Instant relating to advancing the Claims of the former Burgesses, we are of Opinion that no more be allowed than was agreed on by former Assemblys, that is Ten Shillings per Diem. By Order

R. FORSTER Clk U: H:

The several petitions which his Excellency the Governour was pleased to recommend to the Consideration of the House was read, and on Debating the same resolved that a Bill be brought in to secure all persons who have seated cultivated & improved Lands within this province.

Thereupon Mr Chief Justice Smith brought in a Bill for that purpose, which was Ordered to be read, and accordingly was read a Bill for an Act for the Security of persons, who have seated cultivated and improved Lands in this Province, the first time and passed.

Adjourned till tomorrow morning at nine of the Clock.

Wednesday February the 26th The house met again. Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Robert Halton Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

Read a Second time a Bill for an Act for the Security of Persons who have seated Cultivated & improved Lands in this province & passed with amendment. Then the house adjourned till nine of the Clock tomorrow.

Present The honourable William Smith presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Robert Halton Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Edmond Porter Esqr &c
-------------------- page 104 --------------------

Read the third time a Bill for an Act for the Security of persons who have seated Cultivated and improved Lands in this province and passed with amendments.

Received from the Lower House a Report of the Committee appointed for considering and examining the Claims of several persons on the publick, which was read, & resolved that the house take the same into Consideration tomorrow Morning.

Then the house adjourned till tomorrow morning at Nine of ye Clock.

Fryday February 28th The House met according to adjournment. Present The honōble William Smith Esqr Presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Edmond Porter Esqr &c
The honōble Cullen Pollock Esqr &c
The honōble Eleazer Allen Esqr &c

This House according to their Resolution last night went upon the Consideration of the report of the Committee of Claims from ye Lower house and agreed to send the following Message down to yt house, Vizt

Mr Speaker & Gentlemen,

Upon perusing the List of Claims passed by the Committee, we find certain Articles of publick Service done by the Provost Marshal, not comprized therein, in the whole amounting to the sum of £315.—.—; we also find certain Articles of Publick Service done by the Secretary or Clerk of the Council, not comprized therein, in the whole amounting to the sum of £270.10.—; We are of Opinion that in the Estimate of the Publick Charge, those sums ought to be added, and the charge of this day and tomorrow ought also to be included in the charge of this present Session: We cannot proceed on the Bill for granting to his Majesty the sum of Ten thousand pounds for the service of the publick of this Province, and for laying a Tax on the Inhabitants of the same for the payment thereof; until we have the Estimate of the publick Debt to be added thereto, If your House will send up the Estimate so rectified, we will immediately proceed to pass the same. By Order

R. FORSTER Clk Up House.

Received the following Message from ye Lower House Vizt


February 28th 1734. [1735]

To the Honōble the Upper House.

In complyance to your message we have sent an Estimate of the Charge of this Session including tomorrow, but as to what you mention of Articles

-------------------- page 105 --------------------
of Publick Services done by the provost Marshal and Clerk of the Council, which you say are not allowed by the Committee, we are of Opinion that the said Committee have allowed whatever was usual and Customary to be allowed for Services of that Nature, therefore can't consent to make any further allowance. By Order

JOS. ANDERSON Clk Genl Assem.
Sent by Mr Lowther, Mr Dawson

To which this House sent the following answer Vizt

Mr Speaker and Gentlemen,

In answer to your Message just now received, we are of Opinion that we cannot with Com̄on Justice recede from the Charge made by us of the Additional Sums to the Secretary and provost Marshal, which we hoped would have been added to the Estimate whatever might have been the Sense of your Committee on those Accounts. We are surprized you should again send up a fair Copy of the Estimate, without so much as taking Notice of the sum off £2500 charges of stamping the New Currency, and which by a Law passed both Houses this Session, was to be sunk by the Law which now Lyes before us for stamping the sum of £10,000, the charge of which also amounts to £600 in £3100; these sums together with what are before mentioned, we still hope you'l add to the Estimate, to make it compleat, before we read the Bill a second time, otherwise it might lay us under an Obligation to reject it.

Then the House adjourned till tomorrow Morning Nine of the Clock.

Saturday March 1st The House met again. Present The honōble William Smith Esqre presidt of his Majesty's Council.

The honōble Nathl Rice Esqr &c
The honōble Mathew Rowan Esqr &c
The honōble Robert Halton Esqr &c
The honōble Edward Moseley Esqr &c
The honōble Eleazer Allen Esqr &c
The honōble Cullen Pollock Esqr &c

Received the following Message from the Lower House Vizt


Saturday March the 1st

To the Honōble the Upper House.

In answer to your Message of yesterday we shall beg leave to acquaint you that we think we cant in common Justice to Our Country make any addition to the sum allowed the Secretary or Clerk of the Council & provost Marshal which we hoped would have been Satisfactory.

We have agreed to putt the sum of Two thousand five hundred Pounds charges for stamping the New Currency, as also Six hundred pounds Charges for stamping the Ten Thousand pounds, to the estimate, which we herewith send you By Order

JOS ANDERSON Clk Genl Ass:
Sent by Dor Maule, Mr Roberts.
-------------------- page 106 --------------------

Read a Second time a Bill for making and Emitting the sum of £10,000 & passed with amendments.

Read a third time a Bill for granting to his Majesty the sum of £14150.3.2 for the Service of the Publick of this province and for laying a Tax on the Inhabitants of the same for the payment thereof; and for stamping the sum of Ten thousand pounds Bills of Credit for the more im̄ediate discharge of part thereof, and passed.

Ordered that the same be Engrossed.

Read from the Lower house a Message which had for some time layne on the Table Vizt.


Thursday ffebruary the 13th

To His Excellency the Governour and Council.

Whereas Colonel Thomas Swann Treasurer for Pasquotank Colo Thomas Pollock Treasurer for Bertie Precinct and John Baptista Ashe Esqr Treasurer for New Hanover Precinct are Dead

This House recommends to his Excellency the Governour & Council the following Persons to be Treasurers in their Room Vizt Mr James Castelaw or Mr James Lockhart for Bertie, Mr John Relph or Mr Cornelius Relph for Pasquotank precinct, Eleazer Allen Esqr or Mr Samuel Swann for New Hanover precinct, sent to the Upper House for concurrance. By Order

JOS: ANDERSON Clk Genl Ass:
By Mr Saml Swan, Mr Lee

Upper House March 1st 1734. [1735]

Read in the Upper House and Concurred with and have only added Mr Gabriel Burnham in the room of Mr John Relph By Order

R. FORSTER Clk Up House.

Received the following message from the Lower House Vizt


March 1st 1734. [1735]

To the Honōble the Upper House.

Whereas it appears by the report of the Committee for receiving the publick Moneys, that there are several persons, who have sums of Money in their hands due to the publick and have not paid in the same; It is ordered that the Clerk of the General Assembly give Publick Notice in Writing to such persons to attend at the next Assembly and pay in the same By Order

JOS: ANDERSON Clk G: Assem:
Sent by Mr Denman, Mr Skinner for Concurrance

Which was read and Concurred with in the Upper House.

Received the following Message from the Lower House Vizt

-------------------- page 107 --------------------

March 1st 1734. [1735]

To the honōble the Upper House.

The Committee appointed by both Houses to receive the publick Moneys from the several precinct Treasurers Powder receivers and others, Report that they have received the several Sums therein mentioned, which we send herewith.

Which report is approved of and Resolved that the New Money in the hands of the said Committee shall be applyed to the paying the several Members of both Houses for their service and attendance in this Session; except such Members as shall be in arrear to the publick, who shall discount the same in his wages as farr as they will go towards making up such arrears and if any money shall remain after the payment of the said Members, it shall be applyed towards paying the other Claims; and that his Excellency the Governour be desired to issue his Warrant to the said Committee to pay the same accordingly; We desire your Concurrance thereon. By Order

JOS: ANDERSON Clk Genl Ass.
Sent by Mr Dawson, Mr Long

To which this House sent the following Answer, Vizt

Mr Speaker and Gentlemen,

In answer to your Message Concerning the Appropriation of the New Money now in the hands of the Committee of both Houses, We are of Opinion that his Excellency the Governour be im̄ediately paid the sum of £1300—given to him by the Act for emitting the sum of £10000 and that the rest of the Money be paid to the Members of both Houses as farr as it will go in proportion to the allowance given by an Act for payment of the Assembly during their Sitting. By Order

R: FORSTER Clk U: H:

Which message the lower house returned with the following endorsement Vizt


March 1st: 1734. [1735]

Concurred with in the Lower house, only such members that are indebted to the publick, their wages shall be discounted out of their debt.

By Order
JOS: ANDERSON Clk Genl Ass.
Sent by Dor Maule, Mr Swann
GABRIEL JOHNSTON.

His Excellency the Governour came to the Upper house and Commanded the attendance of the General Assembly, who came in a full Body, and his Excellency the Governour was pleased to give his Assent to the following Laws, Vizt

-------------------- page 108 --------------------

An Act for stamping and exchanging the present Bills of Currency of this provice and for the better explaining an Act of the General Assembly passed the 27th day of November 1729, entituled an Act for the making and Emitting the sum of ffourty thousand pounds publick Bills of Credit of North Carolina.

An Act for repealing a Clause in an Act entituled an Act relating to Biennial and other Assemblys, which empowers Freemen of the several precincts to Vote for Members of Assembly, and declaring what persons shall be qualified to Vote for Members to sit in General Assembly, and Also Qualification of Members for the future.

An Act for reviving an Act, entituled an Additional Act to the Act for Tryal of Small and Mean Causes.

An Act for Laying a duty on Liquors for and towards defraying the contingent Charges of the Government; and to make a poll Tax on the poorer Inhabitants more Easy

An Act to ascertain the Allowance of his Majesties Council and the Members of Assembly of this province.

An Additional Act to the Act concerning Roads & Ferrys.

An Act for laying out, making, altering & keeping in repair the several Roads and highways within the several precincts of the County of Bath; and for building Bridges, cleansing and keeping clean the several Rivers and Creeks within the same.

An Act to confirm and Establish the precincts of Onslow and Bladen; and for appointing the same distinct Parishes.

An Act for granting to his Majesty the sum of fourteen thousand one hundred and fifty pounds three shillings and two pence for the service of the publick of this province, and for laying a Tax on the Inhabitants of the same for the payment thereof; and for stamping the sum of Ten thousand pounds Bills of Credit for the more immediate discharge of part thereof.

Mr Speaker then presented to his Excellency the Governour an Address of the Lower House of Assembly relating to the Quit rents, which was read in the following words, Vizt

North Carolina—ss.

To his Excellency Gabriel Johnston Esqre Captain General and Governour in Chief in and Over the said Province.

The humble Address of the Lower House of Assem̄.

We the Representatives of this province beg leave to lay before your Excellency the state of this province in relation to Our Quit Rents, and the manner of paying the same, from the first settlement thereof [to] this

-------------------- page 109 --------------------
time; when the right of this Province became vested in the Lords Proprietors by the 2d Charter granted by King Charles the second. The proprietors or their deputys for them, then, might grant Land to any persons at such rent as they could agree on; and also by the said Charter the proprietors or their deputies, with the assent of the ffreemen of this province, or their representatives were to make Laws binding as well on the said Lords Proprietors as on the People. The Proprietors then directed their Governour and Council here to grant Land to any person in Albemarle County on the same tenure that Land was then held in Virginia, as plainly appears by their Grand deed; which was then at two shillings per hundred Acres, in Tobacco, at One penny per pound, as appears by the law of that Colony; but when that was found impracticable by reason of the Land here in General would not produce Tobacco so well as the Land in Virginia, the quit rents then become payable in other Commodities, at certain rates; at which rates those Commodities were constantly received at every Mans House, and the payments never refused by the proprietors, as is alledged. In the Year One thousand seven hundred and Twelve, The proprietors sent directions to their Receiver General how he should dispose of those Com̄odities for their Interest; By this it appears, that not only the Lords Proprietors deputies with the Representatives of the people have settled the quit rents payable in Our Commodities at certain prices, which seems according to the Charter to be Conclusive, but also there is the proprietors Assent thereto, directing as aforesaid, how the Receiver General should dispose of those Commodities; which in Our humble Opinion makes the payment in Commodities indisputable: besides, if all Our Laws were void, only the grand deed to be a guide for the payment of Our Quit rents, we were by that deed, as was said Before, to hold Our land in Albemarle County on the same terms and Conditions, that Land was then held in Virginia, which was at two shillings every hundred Acres payable at the tenants house, either in Tobacco at one penny per pound, or Cash at the Election of the Tenant, so that the rents in Virginia were payable in Tobacco at that time, & Consequently by the grand deed.

We are very much concerned to see yr Excellency's Proclamation commanding us to pay in Sterling Money or in Bills at the difference that your Excellency and Council shall be pleased to Assess; which we humbly conceive is contrary to Our Laws, Customs and even to the Conditions of the Grand Deed, & must inevitably terminate in the ruine of many of the inhabitants of this province, both with respect to the manner of collecting the rents, and the distresses that may ensue thereupon.

Wherefore we humbly pray your Excellency would be pleased to issue out a proclamation, directing the Officers, who are appointed to collect

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the quit rents, to proceed in the said Collections, according to the Laws and Customs of this Province, and that no distress may be made upon his Majesty's poor tenants, contrary to the same untill a Law shall be passed directing some other Method for collecting the said Rents, more agreeable to his Majesty's Instructions, and as much as may be for the ease of his Majesty's Tenants, which we were in hopes would have been done by the Bill we offered this Session; and that your Excellency would be pleased to give a further time for the payment of Arrears, which does not become due by any default of the Tenants refusing to pay those Rents, but in the officers Neglecting to collect and receive the same.

His Excellency the Governour was pleased to make the following Speech to Both Houses Vizt

Gentlemen,

I find by your management while the Quit rent Bill was depending in your house, by this address and by your whole behaviour, that you have entertained very old and unaccountable Notions of his Majesty's rights & your own priviledges.

As I have made it my business to study the Constitution of this Country ever since I had the honour to serve the King in this Station, by perusing all the records belonging to ye Province both here and in London, I think it my duty, now this Assembly is to seperate, to rectify some of your mistakes; and what I have now to say, ought to have the more weight with you as it is spoken in a fair Open manner, and as it is to stand upon record & to be perus'd by Our Superiours at home; so that if I advance any thing but what is strictly true, I can't fail of being detected I shall beginn with giving you a True and just account of what you are pleased to call the Grand Deed: It is certainly true that the late Lords Proprietors did, in the Year 1668, by an authentick deed under their hands & Seal grant their Lands to the then Inhabitants of Albemarle County for quit rents to be paid in the same manner as in Virginia; If you have a mind to call this Instrument the Grand Deed, with all my heart I have no Objection to it, I wont quarrel with you about Names; I shall only observe to you that this deed neither in its own nature, nor by any clause in it, can ever be reckoned irrevocable. And I do assure you that it was actually revoked in the Year 1670, by another Deed equally authentick, & containing full as strong Clauses as that granted two years before; and the Originals of both these Instruments are now in their Books at the Board of Trade by this latter deed, all such as for the future took up Lands in Albemarle County were to

-------------------- page 111 --------------------
pay as reserved Rent in the Coin of England to their Lordships, One half penny pr Acre, which amounts to 4s 2d sterling per One hundred Acres.

Now Gentlemen if you are for determining this affair by Deeds passed under the Lords proprietors, let us go to work fairly, I am very willing that all the Inhabitants of this Country, which hold their Lands under any grants made before the year 1670 shall pay their Rents in the same manner as they did in Virginia in the year 1668, whatever way that may be; but then it is but equal and just that all who hold Lands in this Country under grants since the year 1670 should pay four shillings and two pence pr 100 Acres; and I am of opinion that his Majesty will be no great looser by this; but if you fancy that where there are several Instruments or Deeds, you are at liberty to pick out One of them which makes most for your own advantage and by Christening it by the Name of the grand Deed or Charter, you can destroy the force of all the other deeds which makes for the advantage of your Land Lord, you will find yourselves miserably out in your reckoning:

The Kings Ministers at home won't be used so like Children, so that upon the whole, without having recourse to any deeds whatsoever, it will be the safest rule for the Inhabitants of Albemarle County to pay two shillings Sterling per 100 Acres for all Land held before his Majesty's purchase.

Now Gentlemen as to your Laws: It is ye great happyness of all his Majestys subjects in every part of his Dominions, and I hope it always will be so, that they are Governed by Law, and not by the Arbitrary Will and pleasure of any person whatsoever; & as in all free Countrys, Law is the Rule and Standard both for those who govern and those who are Governed, great care is taken that there should be some known, settled and established methods and forms of Enacting, passing and promulgating all Laws: These methods are different in different Countrys; in this country the method is well known and very distinctly laid down. When a Bill had passed both Houses, it was sent home, and if in two Years it was ratifyed by the Lords proprietors, and this Ratification notified publickly at the next Biennial Assembly, then and never till then, it passed into a Law; if in two Years it was not ratifyed, it became null & void of Course: This is so notoriously the Case, that it is repeated above ten several times in your Journals, in the most strong and expressive manner that words can make it. Now Gentlemen, if you will shew me any Law which regulates and directs the payment of quit rents and has gone thrō all these necessary forms, I will submit to it with all my heart, and nobody shall more Scrupulously adhere to it; but

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until you do this, you must give me leave to think that there is no other Law in this Province with regard to the method of paying the Kings Quit rents of any force except what is Common to all his Majesty's Tenants in every part of his Dominions, that is the Crown Law which is Executed by his Court of Exchequer, a Law wch thō it does speedy Justice against those who refuse to pay the King his dues, can never hurt any Tenant yt pays his rents punctually. As for those Acts of Assembly which direct the payment of Commoditys, and rate them at a Certain price; as they were never ratifyed, as they never had your Landlords (who were one of the contracting partys) Consent, if I should pay any regard to them (as I believe I never shall) I am sure they would be rejected at home with Indignation; farr less shall I pay any regard to such stragling Instructions of their Lordships receivers in former times, which may be pick'd up to serve a Turn now; for these only shew how much the Lord proprietors were straitned to come at their own, that they were forced to try every method to see if they could get any returns from their Lands, and when they found that by the treacherous combination of their Officers with their Tenants they could make no profitt of their Estates, they were forced to sell the Soyl of the province to the Crown.

Now, Gentlemen, if you think such shallow Evasions as these, such Acts of Assembly as were never ratified, & consequently can by no propriety of Speech be called Laws, or One Accidental Instruction to a Receiver, are a Solid foundation for you to contend with the Crown of Great Britain, I am sorry for it; If you will venture the Ease, the peace & Security of your Selves, your familys and Estates upon so slender a Bottom, it is no fault of mine; let them Answer for it that lead you into such an Error; it can't at all injure his Majestys rights, but it may be of fatal Consequence to you and your familys in the End.

If anybody reckons that this is very hard to the poor, that it is a harsh & severe manner of proceeding and so I have been told it has in private Conversation been represented; there is a very easy remedy for all this; Let them pay the King the arrears of his rents, and move with their familys off his Lands, & then let them go into any parts of the World and take up Lands at a cheaper rate, and where ever they settle, no doubt all good People will heartily pity the Oppression they have met with from so severe a Landlord, & that they could not hold so poor a quantity of Land as 100 Acres without being forced to pay so immense a sum as two or three shillings Yearly rent for it.

These things, Gentlemen, won't bear being talked of; it is a farce that has been too long acted under the late Lords proprietors, & if you have

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not yet been told that it will not be tolerated now the King is Lord of the Soil, it is high time for me to assure you of it; & that if the arrears of his Majesty's Rents are not paid at the times and in the manner mentioned in the proclamation, distraint shall be made for them: but if any dislike the terms, or can find Land at a lower rate any where else, he has nothing to do but relinquish his Majesty's Lands in this province, for such other persons as will comply with his terms, and I am under no manner of Apprehension, but his Majesty will find tenants for all the Lands he has to dispose of.

This, Gentlemen, is using you in no other manner than you your selves, or any other Land Lord may use his Tenants, without doing them any Injustice, or even hardship, and if either you your selves have imbibed or some designing persons have instilled any notions into you, which make you believe that the king hath not as much power, as just a right to, dispose of his own property & to grant his own Lands, as you have in your private Estates which you hold under him, it is high time to undeceive you. For my own part, as I am bound by my Oath, my Honour, and all the Tyes that are Sacred among Men, I will see Justice done to the King in his Revenues, let the Consequences be what they will: And as you have taken the Liberty to mention my Instructions, I am not sensible that I have in the least departed from them, except in taking Bills of Currency at a proper discount for Quit rents, instead of Gold & Silver without his Majesty's leave; a step I took out of tenderness to you, & which I am like to have small thanks for here, and I am afraid I shall have still less at home.

But the most extraordinary insinuation in your address is, that by the Charter of King Charles the second ye deputys of the Lords proprietors, with the Assent of the Assembly could make Laws binding on the Lords proprietors, as well as the people, I have perused the Charter you referr to, often & the only Clause relating to the manner of making Laws is what follows:

“And also to ordain make & Enact and under their (that is the Lords proprietors) seals to publish any Laws and Constitutions whatsoever according to their best discretions by and with the advice assent and Approbation of the Freemen of the said province, or of the greatest part of them, or of their deputys or delegates, whom for Enacting the said Laws when and as often as need shall require, Wee will that you (that is the Lords proprietors) shall from time to time assemble.

It is plain from this, that by the Charter, the first essential requisite to the making of a Law was, that it should be published under the Lords proprietors Seals. If you think to evade this by saying that by their

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deputys they did publish it under their Seals, I must once more remind you that they always did reserve this power to themselves, of ratifying such Bills as past in the two Houses here before they past into Laws, & that this ratification should be publickly declared at the next Biennial, so that in the matter of passing Laws it was not an Absolute but a Limited power, which their deputys were invested with, & the Limitation expressed in the most strong direct and Explicite terms that possibly could be.

After all, Gentlemen, it is a shame there should be any necessity for saying so much on so plain a point; for plain it is notwithstanding all the pains taken to perplex it by a few Men who have no hopes of Screening themselves or having their Crimes pass undetected, but by keeping the Country in the same embroiled and unsettled Condition, which first gave them an Opportunity of Committing their frauds; by men who have more squeezed and Oppressed their fellow Subjects, and got more money for themselves and relations by the Sale of Lands since the Year 1728, than the Lords proprietors got during the whole sixty years they were in possession; & yet have the insolence to foment and raise an unjust clamour against the King, for demanding what he has honestly and fairly purchased, & paid for, and what he designs should be held by his Subjects at moderate and easie Quit rents, and not at such exorbitant and unconscionable prices as they, contrary to all Law and Justice, extorted from poor industrious people.

Gentlemen of the Council.

I return you my hearty thanks for the great regard you have shown in all your proceedings to his Majestys service and the publick good.

As for you Gentlemen of the House of Burgesses if you have left anything undone for the Service or benefit of the people you represent, for the Trade, quiet and prosperity of the Country, you cannot justly blame me for it; you cannot pretend that in any of your Consultations or proceedings you met with the least interruption from me; I hate all measures which must appear harsh or severe, and could therefore have wished you had made the Collection of the Kings rents easy to you and your fellow subjects; But as you have not, I have declared my intention and will do my duty.

I do prorogue this Assembly unto the first day of July next, & this Assembly is accordingly prorogued.

A True copy Examined.

By ROBt FORSTER Clk Uppr House.