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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.

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

The House met according to Adjournment.

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

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.

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.

The House met according to adjournment.

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

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.

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.

The House met according to Adjournment

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

The House met according to Adjournment

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.

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

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.

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

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.

The House met again.

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

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

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

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.

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

Received the following Message from the Lower House Vizt

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.

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

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

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

The House met again.

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

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

The House met according to Adjournment.

Present The honorable William Smith Presidt of his Majesties Council.

The House adjourned till tomorrow morning Ten of the Clock.

The house met according to adjournment.

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

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

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

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

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 House met according to adjournment.

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

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

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.

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

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

The House met according to adjournment.

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

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 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.

The House met according to adjournment.

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

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 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

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 House adjourned till tomorrow morning Ten of the Clock.

The House met according to adjournment.

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

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.

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.

The House met again.

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

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.

The house met again.

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

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.

The House met again.

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

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.

The house met according to adjournment.

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

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.

The House met again.

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

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

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.

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

The House met again.

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

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.

Which was concurred with.

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.

The House met again.

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

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.

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.

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

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

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.

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

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

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

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

The House met according to adjournment.

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

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.

The house met according to adjournment.

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

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

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.

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

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

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

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

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

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 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.

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.

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