At a General Assembly begun and held for the said Province on Wednesday the 15th day of Janry 1734 [1735] and continued by several Adjournments 'till the first day of March next following.
And upon said Return appeared Collll Henry Bonner, Mr Thomas Luten Mr Willm Badham Mr Henderson Luten Doctr George Alleyn Mr Charles Denman Mr Richard Skinner Mr Joshua Long Mr Gabriel Burnham Mr Charles Sawyer Mr Caleb Sawyer Mr Daniel Sawyer Mr James Castellaw Mr George Wynn Collo James Millikin Major Burnaby McKinnie Capt. William Downing Mr Steven Lee Mr Samuel Sinclare
Mr Charles Harrison Mr Charles Westbeer and Mr Hugh Blaning.There not appearing a Majority of the house the Members adjourned 'till tomorrow Morning.
Thursday January 16th The Members mett according to Adjournment.
Joseph Anderson produced here a Commission from his Excelly the Governor appointing him Clerk of the General Assembly which was read and accordingly Received.
A Message was sent to his Excelly the Governor that several Members of his house being met are now ready for their Qualifications.
By Order JOS: ANDERSON Clk Gen: Assem.
Sent by Coll Bonner, Mr Thoms Luten
Whereupon Mr Secretary Rice and Eleazer Allen Esqr Members of Council Immediately came and administered the several Oaths and Test by Law appointed for the qualification of Publick Officers to the several Members that appeared yesterday also unto Mr Arthur Williams Major Robt Turner Mr George Roberts Mr Samuel Swann Mr Job How and to Joseph Anderson the Clerk of this house who severally took and subscribed the same
Sent the following Message vizt
To his Excelly the Governour.
The House being now qualifyed are ready to wait on your Excelly for your directions in the Choice of a Speaker.
The Messenger of the Upper house came to acquaint this house that his Excelly the Governour was ready to receive them.
Whereupon the house in a full body waited on his Excelly at the Council Chamber who directed them to choose their Speaker and that he would be ready to receive him tomorrow at ten of the Clock in the Morning.
The house thereupon returned and unanimously Chose Capt. William Downing their Speaker.
Then the house adjourned 'till tomorrow Morning.
Fryday January 17th. The house Mett according to adjournment.
A Message came from the uper house acquainting this house that his Excelly was ready to receive the Speaker. Whereupon the house in a full body waited on his Excelly at the Council Chamber.
Who approved of the Speaker and made a Speech which the house obtained a Copy of and then returned where the same was read in these words:
[For the Governor's address see Journal of Upper House.—Editor.]
A Message was sent to his Excelly the Governour that several Members of this house have this day appeared and wait for their Qualification.
By Order JOS: ANDERSON Clk Genl Assembly.
Sent by Doctr Alleyn, Mr Denman.
Whereupon Mr Secretary Rice and Eleazer Allen Esqr came and administered the several Oaths and Test by Law appointed for the Qualification of Publick Officers unto Thomas Lowther John Caron & Roger Kenyon who severally took and subscribed the same.
Then the House Proceeded to Enquire into Controverted Elections and Returns and the Marshall who took the Poll for Bertie precinct Returned for the fifth Member John Hodgson and John Harrold equal Votes the said Poll being duly examined and the Allegations of both partys heard and fully understood the house is of opinion that the said John Harrold is the Member legally chosen to sit.
Whereupon a Message was sent to his Excelly the Governour to appoint such Members of the Council as he thought proper for his qualification and there came Mr Secretary Rice and Eleazr Allen Esqr and administered the several Oaths and Test unto the said John Harrold who took and subscribed the same.
Adjourned 'till tomorrow morning.
Saturday January 18th The house met according to adjournment.
Ordered that Doctor George Alleyn Mr Charles Denman Mr Gabriel Burnham Mr Thomas Lowther Mr James Castellaw Mr Robert Turner Mr George Roberts and Mr Samuel Swann to be a Committe to consider his Excelly's Speech and draw up an Answer thereto. The Petition of Mr Maurice Moore to this House was read setting forth that at the last Election of Members to sit in General Assembly for the Precinct of New Hanover at Brunswick Town in the said Precinct he had the Majority of Votes but the Marshall who took the Poll returned Mr Job How and the Poll being here duly examined and the Allegations as well of the said Job How as the said Maurice Moore been heard and the same fully considered it is the Oppinion of this House that the said Maurice Moore is the legal Member by Majority of Votes. Chosen to sit.
The House adjourned 'till Monday.
Monday January 20th The house met according to adjournment.
The following Message was sent to the upper house vizt
To the Honble the upper house of Assembly now sitting
Several of the Members returned to sit in General Assembly have this day appeared and wait for such Members of the upper house as his Excelly the Governour hath been pleased to appoint for the qualifying the Members of this house. By Order
Whereupon Eleazr Allen Esqr came and administered the Several Oaths & Test unto the said Members vizt Mr Maurice Moor Jeremia Symons Arthur Mabson and Walter Lane who severally took and subscribed the same.
A Petition from the Inhabitants of Curratuck precinct was read setting forth that Thomas Lowther or some other person stifled the writt of Election so that due notice was not given them thereof the same being heard and none of the Complainants appearing to make good the Charge, It is here by the house Ordered that the said Petition be rejected.
Mr Samuel Swann one of the Members Returned for Perquimans Precinct this day & appearing a Message was sent to such of the Members of the upper house as his Excelly the Governour was pleased to appoint to qualify Members of this house Whereupon Eleazr Allen Esqr came and administered the several Oaths and Test unto the said Saml Swann who took & subscribed the same.
The Committee appointed to answer his Excelly the Governour's Speech made report that they had duly considered the same and agreed to a draft of a report which was read and laid [on] the table the said report being by the house approved of and ordered that the same be fairly engrossed by to-morrow at Eleven of the Clock.
Resolved That Collr James Millikin and Mr Samuel Sinclair wait on the Reverend Mr John Boid Missionary in this Province and give him the thanks of this house for performing divine Service and preaching a Sermon before his Excelly the Governor the Council and General Assembly suitable to the Occasion yesterday.
The house adjourned 'till tomorrow morning.
Tuesday January 21st The Committee appointed to answer his Excelly's Speech having fairly engrossed the report was again read and Voted Nemine Contradicente that the same be accepted which is as followeth Vizt
To his Excelly Gabriel Johnston Esqr Captain General Governour and Com̄ander in Chief in & over his Majesty's 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 dutyfull and Loyal subjects Members of the lower house of Assembly do with the greatest pleasure Embrace this first oppertunity of Congratulating Your Excelly safe arrival into this Province and with most greatful hearts acknowledge the Royal goodness of our Sovereign shewn unto us in appointing a Gentleman of your Excelly's qualifications and Consum̄ate goodness to be our Governour which has effectually delivered us from a State of Tyrrany and Oppression.
We must beg leave to return your Excelly 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 Excelly expresses at the disorders and confusion you found this poor unhappy Country under which nothing but the happy arrival of your Excelly could remedy for when his Majesty's Council and Patent Officers were by Violence expelled the Country and Men of most profligate Characters placed in their Room when the Superiour Courts and other Courts of Judicature were in a great measure filled with the Men of gross Ignorance and known partiality what but Misery and ruin could be expected from so corrupt Administration nor are these dismal consequences barely grounded on reason only but experience some well meaning and 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 your Excelly's puting a Singular 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 Excelly hearty thanks for Im̄ediately calling an Assembly your readyness 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 be hapily settled under your Excelly's administration.
We are (may it please your Excelly) very ready to fall into any Method shall be proposed towards paying our Quit rents and in such a Maner as
can consist with the abilitys of his Majesty's 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 that 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 the Government, we are very ready to concurr with your Excelly and his Majesty's 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 the British Dominions. No Laws (May it Pleas your Excelly) can be made Effectual in any Country to suppress Riots when the Chief Magistrate is the Principle Rioter but that objection being now removed we are ready to pass any Laws 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 Excelly suitable to your Merit & 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 and the happyness of the subject whose Interests by the British Constitution are so Inseperably 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 Authors with the utmost Abhorrence and detestation.Ordered that the same be fairly transcribed for the house to wait on his Excelly therewith and the same being fairly transcribed was read and examined.
Resolved this house wait on his Excelly the Governour therewith Immediately.
A Message was sent to his Excelly the Governour that this house is now ready to wait on his Excelly with their Address in answer to his Excelly's Speech. By Order
JOS: ANDERSON Clk Genl Assembly.
Sent by Mr Wynn, Mr Dawson
A Message came from the upper house acquainting this house that his Excelly was ready to receive them at the Council Chamber.
Whereupon the house in a full body waited on his Excelly and after having presented him with their address in Answer to his Speech, he made the following Answer to wit
Gentlemen I return you hearty thanks for your dutyfull and kind address The great regard you express for his most Sacred Majesty and your Strong Assurances of Contributing your share to the redressing the grievances of this Country give me great satisfaction you may Intirely depend upon my ready Assistance and concurrence in every thing that can establish the Peace promote the Trade and Increase the Riches of this Province.
Thomas Williams and James Foyle Two of the Members of this house appearing a Message was sent to such Members of the upper house as his Excelly was Pleased to appoint to Qualify the Members of this House Whereupon Eleazr Allen Esqr came and administered the several Oaths and Test by law appointed for the qualification of publick Officers.
Ordered that Mr William Badham Mr Gabriel Burnham Mr James Castellaw Mr Arthur Williams Mr Stephens Lee Mr Robert Turner Mr Samuel Sinclair Mr George Roberts Mr Maurice Moore and Mr Samuel Swann be a Committee to joyn with a Committee of the upper house to conferr on a bill for an Act to be Intituled an Act to regulate and ascertain the payment of quit rents an Act for Establishing & fixing Circular Courts and an Act for Regulating the Currancy. And that a Message be sent to the upper house thereof By Order
JOS: ANDERSON Clk Genl Assembly
Sent by Mr Harrold, Mr Lee.
On motion of Mr James Millikin in behalf of the Inhabitants of that part of Bertie Precinct that lyes on the South Side of Roanoke River that a bill for an Act to be preferred to this house for Establishing that part into a precinct by the name of Edgcombe also on the Motion of Mr Maurice Moore in behalf of the Inhabitants of Onslow and Bladen that a bill be preferred to confirm them into seperate precincts which Motions are granted.
Ordered that the publick Treasurers accounts and all other concerned with publick Moneys be laid before this house on or before the fourth day of next month and Ordered that the several and respective Treasurers in each Precinct the Powder Receivers of each Port and all others concerned therein be by the Seargeant Notifyed thereof. Received a Message from the upper house vizt
In Answer to your Message this house have appointed Mr Secretary Rice Eleazer Allen and Cullen Pollock Esqrs a Committee on the affairs
you mention to joyn those of your house who are ready to attend Immediately By OrderA Message was sent to his Excelly the Governour Vizt
May it please your Excelly
Your Excelly in your Speech have been pleased to mention that some of your Instructions are to be communicated to this house.
Therefore if your Excelly shall think any of these Instructions needfull to be laid before us towards forming severall bills that are now proposed or any that may hereafter be. We are desirous to have them now laid before us. By Order
Upon Return of the said Message his Excelly was pleased to say that a Copy of such Instructions should be laid before this house tomorrow morning.
This house having taken into their Consideration the Members returned for the New Precincts are of Oppinion that those Members are not qualified to sit in General Assembly untill these Precincts be Established and Confirmed by the Sanction of a Law. Resolved that the Persons so returned be not admitted Members of this house.
The house Adjourned 'till tomorrow morning.
Wednesday January 22d The house met according to Adjournment.
Received a Message from his Excelly the Governour Vizt
Edenton January 22d 173⅘
Gentlemen,
In answer to your Message of yesterday by Messrs Turner and Sinclair I now Inform you that besides a repetition of the Instructions which in my predecessors were No. 19, 31, 42, 61, 63, 75, 76, 114 and which I understand are already Registered in your books I have but two more which I think proper at this time to lay before you.
No 15 You are to observe in the Passing of Laws that the stile enacting the same be by the Governour Council & Assembly you are also as much as possible to observe in the Passing of all Laws that whatever may be requisite upon each different Matter be accordingly provided for by a different Law without intromixing in one and the same Act such things as have no proper relation to each other and you are more especially to take care that no Clause or Clauses be inserted or annexed to any Act which shall be forreign to what the title of such respective Act Imports
and that no perpetual Clause be made part of any Temporary Law and that no Act whatsoever be suspended, altered, revived, confirmed, or repealed by general words but that the Title and date of such Act so suspended altered revived Confirmed or Repealed be particularly mentioned and expressed.No 21. Whereas Acts have been Passed in some of Our Plantations in America for striking bills of Credit and Issuing out the same in Lieu of Money in order to discharge their Publick debts and for other purposes from whence several Inconveniencys have arisen It is therefore Our Will and Pleasure that you do not give your Assent to or pass any Act in our Province under your Government whereby bills of credit may be struck or Issued without a Clause to be inserted in such Act declaring that the same shall not take effect untill the said Act shall have been approved or Confirmed by us Our heirs or Successors It is also Our Will and Pleasure that you doe Immediately send an Account unto us and to our Commissioners for Trade and Plantations whither any paper bills be now currant in North Carolina and if any to the amount of what sum and what fund is provided for sinking them as likewise whither the same be at any and what discount and for what they are Currant.
Other Instructions I have to lay before you on proper Immergencys therein prescribed some of which are founded upon the supposed Obstinacy and untractableness of former Assemblys which I am confident I shall never have the Mortification to be under a necessity of producing to an Assembly so well disposed as this is to settle his Majesty's and the Country's Interest.
Pursuant to a former Order of Assembly made at an Assembly begun and held for the said Province at Edenton the 13th day of April 1731 Collo Edward Moseley came into the house and delivered to the Speaker the Grand Deed of Albemarle County.
Peter Young produced here a Commission from his Excelly the Governour appointing him Searjant at Arms which was read and the said Peter thereupon received And then the said Searjant produced Thomas Penrice Door Keeper of whome the house approved.
Zebulon Clayton one of the Members Returned for Perquimons Precinct appearing a Message was sent to the upper house thereof.
Whereupon Eleazer Allen Esqr came & administered the several Oaths and Test by Law appointed for the qualification of publick officers unto him who took and subscribed the same.
The Petition of Constance Williamson was read setting forth that some years agoe She had two Negro Slaves condemned and executed by Order
& Judgment of a Court of Justice and freeholders in Bertie Precinct and only valued at eighty five pounds and no part of the said sum paid. Prayeth that this house would take her grievance into their Consideration. Whereupon it is Ordered that the same be referred to the Committee of Claims.A bill for an Act to Establish that part which was formerly of Bertie Precinct and lyes on the South side of Roanoke River a precinct by the name of Edgcombe was read and refferred for further Consideration.
A Petition of the Inhabitants of North East Parish of Pasquotank praying that that Parish be Established into a seperate precinct was read and refferred.
Also a petition of the Inhabitants of Bear River to be Established into a Seperate precinct from Beaufort and Craven precincts was read and refferred.
The house adjourned 'till tomorrow morning.
Thursday January 23d The house met according to adjournment.
Ordered that Mr William Badham Doctor George Alleyn Mr Charles Westbere Mr Zebulon Clayton Mr John Dawson and Mr Arthur Mabson be a Com̄ittee 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 Concurrence.
By Order JOS: ANDERSON Clk Genl Assembly.
By Coll Bonner, Mr Thos Luten
Doctor Patrick Maule one of the Members Returned for Beaufort Precinct this day appeared and was Qualified before Mr Secretary Rice as also the Searjant and Door Keeper of this house.
Adjourned 'till tomorrow morning.
Fryday January 24th The house met according to adjournment.
Received the following Message from the upper house.
Mr Speaker and Gentlemen,
This house have appointed Edmond Porter and Eleazer Allen Esqrs to joyn the Committee by you appointed to examine the Publick Accounts.
Upon a Motion of Mr Maurice Moore that the three following Bills be preferred vizt:
A Bill for an Act to appropriate the Powder Money for buoying Out and beaconing the Channels. A Bill for laying Out making altering and
keeping in repair the several Roads and highways within the several precincts in County of Bath for building bridges cleansing and keeping clean the Several Rivers and Creeks within the same.A Bill for regulating Elections and Members of Assembly.
Which motion is granted.
Adjourned 'till tomorrow morning.
Saturday January 25th Met and adjourned 'till Monday.
Monday January 27th The house met according to adjournment.
Sent a Message to the upper house in the words (to wit)
To the Honble 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 and 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 the hands of the Speaker he accounting at the end of this Session how and in what manner the same is disposed and that his Excelly the Governour be desired to grant his Warrant to the Publick Treasurer for the payment thereof. Sent to the upper House for concurrence.
Which Message the upper house returned with the following Indorsement Vizt
Read in the upper house & concurred with and sent to his Excelly by Mr Secry & Edward Moseley Esqr
Ordered that for the future no Message shall be received in this House from any of the Com̄ittees unless it be by the Order of such Committees and delivered in writing by one of them.
The Committee reported to the House that they had agreed to a draft of a Bill for an Act for providing his Majesty a Rent Roll for Securing his Majesties Quit rents for remission of the arrears of Quit rents for quieting the Inhabitants in their Possessions and for the better settlement of his Majesties Province of North Carolina which is refferred for the consideration of the house.
Adjourned 'till tomorrow morning.
Tuesday January 28th The House met according to adjournment.
The draft of the Bill for an Act for providing his Majesty a Rent Roll &c. being under the Consideration of the House and after having made several Amendments thereto was read the first time and passed. Sent to the upper House. By Order
JOS: ANDERSON Clk Genl Assembly.
By Zeb: Clayton, Richd Skinner.
The House adjourned 'till tomorrow Morning.
Wednesday January 29th The House met according to adjournment.
A Bill for Laying 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 severall Rivers and Creeks within the same Ordered that the same lye for consideration.
The House adjourned 'till tomorrow Morning
Thursday January 30th The House met according to adjournment.
Ordered That Coll Henry Bonner Mr Samuel Swann Junior Mr Zebl Clayton and Mr Samuel Sinclair be a Committee to consider of the Bill for Roads &c. in the county of Bath which yesterday was refferred for the Consideration of the House and to report the same.
The House adjourned 'till tomorrow Morning.
Fryday January 31st The House met according to adjournment.
Read a Bill for an Act for repealing a Clause in an Act Intituled 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 qualified to Vote for Members to sit in General Assembly and also the Qualification of Members for the future the first time and Passed. Sent to the Upper House By Order
Received from the upper House the Bill for providing his Majesty a Rent Roll &c. Indorsed read in the upper House and passed the first time with amendments. By Order
A Bill for an Act for establishing and fixing Supream Courts in this Province and for enlarging the Power of the Precinct Courts was read the first time and passed. Sent to the upper House. By Order
A Bill for an Act for establishing that part of Bertie precinct on the South Side of Roanoke River into a Precinct by the name of Edgcombe was read the first time and passed. Sent to the upper House
A Bill for an Act for appropriating the Powder Money towards the fortifying beaconing and Buoying out the Several Ports or Channels in this Province and for Imploying of Pilotes was read the first time and passed. Sent to the upper House By Order
Received from the upper House the following Bills vizt
The Bill for regulating Elections & Members &c. Indorsed Read in the upper House the first time and passed with amendments.
The Bill for Establishing that part of Bertie precinct on the South Side of Roanoke River by the name of Edgcombe Indorsed Read in the upper House the first time and passed with amendments.
Also the Bill for appropriating the Powder Money &c. Indorsed Read in the upper House the first time and passed with amendments.
Adjourned 'till tomorrow Morning.
Saturday February 1st The House met according to adjournment.
The Bill for appropriating the Powder Money &c was read a Second time and passed with amendments.
Sent to the upper House. By order
The Bill for Establishing that part of Bertie Precinct on the South side Roanoke River by the name of Edgcombe was read a Second time and passed with Amendments. Sent to the upper House.
The Bill for regulating Elections and Members &c was read a Second time and passed with amendments. By Order
The House adjourned 'till Monday Morning.
Monday February 3d The House met according to adjournment.
The three Bills that were read a Second time in the House on Saturday last were sent to the upper House. By Order
The Petition of the Inhabitants of the North East Parish of Pasquotank was a Second time read for establishing that part into a Precinct with the rights and priviledges of other precincts of Albemarle County Ordered that a Bill be prepared for the same.
The Petition of the Inhabitants of Bear River was again read the consideration thereon is at the Instance of Doctor Pat: Maule refferred 'till Wednesday next.
A Bill for an Act to Confirm and establish the Precincts of Onslow and Bladen was read the first time and Passed. By Order
A Bill for an Act to Establish a ferry on Meherrin River to Elizabeth Cheshire's was read the first time and passed
A Bill for an Act to establish a ferry on the West side of Blackwater to Thomas Page's was read the first time and passed
A Bill for an Act for establishing a ferry on Roanoke River to William Killinsworth's was read the first time and passed.
The said three bills sent to the upper House By Order
The Petition of Thomas Wain Darby Mr Carty Simon Foscue John Lingfield Henry Lambertion Thomas Williams Jos. Wright William Jackson and James McDaniel to be exempted from Publick Duty were read and granted and Ordered That the Clke Certify to each of them the same.
Adjourned 'till tomorrow Morning
Tuesday February 4th The House met according to adjournment.
Rec̄d from the upper House the following Bills Vizt
A Bill for regulating Elections and Members &c. Indorsed Read in the upper House a Second time and passed with amendments.
A Bill for Establishing that part of Bertie Precinct on the South Side Roanoke River into a precinct by the name of Edgcombe. Indorsed Read in the upper House a Second time and passed with Amendments.
A Bill for confirming the Precincts of Onslow & Bladen Indorsed Read in the upper House the first time and passed.
A Bill for appropriating the Powder Money &c. Indorsed Read in the upper House a Second time and passed with amendments.
The Bill for providing his Majesty a Rent Roll &c. was read a Second time and passed with amendments. Sent to the upper House.
Adjourned 'till tomorrow Morning
Wednesday February 5th The House met according to adjournment.
Received from the upper House the Bill for Providing his Majesty a Rent Roll &c. Indorsed Read in the upper House a Second time and passed with amendments. By Order
The Committee reported to the house that they had agreed to a draft for an Act to regulate the Currency of the Province which was read and approved of Ordered that the same be fairly transcribed.
The Petition of the Inhabitants of Bear River to be established into a Seperate Precinct from Beaufort and Craven Precincts being again read according to an Order of this House on Monday last and the arguments thereon heard and fully understood Voted that the said Petition be rejected.
A Bill for an Act Impowering the Justices of Hyde Precinct to raise a Poll Tax on the Inhabitants of said Precinct as will defray the charges in building a Court House, Prison & for Purchasing land for the Same was read the first time and passed Sent to the upper House.
A Bill for an Act to Establish the North East Parish of Pasquotank into a Precinct was read the first time and passed.
The Bill regulating Elections and Members &c. was read the third time and passed with amendments. Sent to the upper House.
A Bill for confirming Onslow and Bladen Precincts was read a Second time and passed with amendments. Sent to the upper house.
The Bill for establishing that part of Bertie Precinct on the South Side of Roanoke River into a Precinct by the name of Edgcombe was read a third time and passed. Sent to the upper House.
A Bill for stamping and exchanging the present Bills of Currency of this Province and for the better explaining an Act of General [Assembly] passed the 27th day of November 1729 Intituled an Act for making and emitting the sum of fourty thousand pounds Publick Bills of Credit of North Carolina was read the first time and passed. Sent to the upper House.
The Petition of Stephen Goolde Late Powder Receiver at Port Bath was read setting forth that he was under arrest and imprisoned by Mr Burrington the late Governour for the Moneys that became due to the Publick from the said Office and by which confinement is rendered incapable of paying that debt and therefore prayeth that he be discharged of the Imprisonment and the House having taken the said Petition under their Consideration sent the following Message to the upper House to wit
To the Honble the Members of the upper house of Assembly now sitting
Whereas a Petition hath been exhibited to this House by Stephen Goolde Late Powder Receiver at Port Bath setting forth that on or about the first day of August 1733 he was arrested and Imprisoned by Virtue of a Warrant signed by Mr Burrington for the Moneys that became due to the Publick from the said Office being about four hundred pounds and ever since remained a Prisoner and thereby rendered Insolvent and that he be discharged from his Confinement.
This House having duely considered the same find that the said Goolde was appointed to that Office by Governour Burrington without the consent of either Council or Assembly and that at the time of his appointment Mr Edward Salter then executed that Office by order of the Governour Council and Assembly and had given Security for the same pursuant to the directions of an additional Act to an Act Intituled an Act
for the qualification of Publick Officers and are of oppinion (that as Mr Burrington Illegally appointed him to that office and without taking Security whereby the Country is defeated of recovering the said Moneys from him being Insolvent) that Mr Burrington may be answerable for such defeciencys.We desire your oppinion how and in what Manner this money is to be recovered and whether Mr Goolde ought not to be discharged
Adjourned 'till tomorrow Morning.
Thursday February 6th The House met according to adjournment.
Received from the upper House the Bill for an Act for Stamping and exchanging the Present Currency &c. Indorsed Read in the upper House the first time and passed with amendments. By Order
Adjourned 'till tomorrow morning
Fryday February 7th. The House met according to adjournment.
The Message concerning Mr Goolde was this day Sent to the upper House.
Adjourned 'till tomorrow Morning
Saturday February 8th The House met according to adjournment
Ordered That Collo Henry Bonner Mr Charles Denman Mr Arthur Williams Mr Robert Turner and Mr Saml Swann be & are hereby appointed to be a Committee to joyn such members of the upper House as shall be appointed to examine the account of Claims and report the Same Sent for Concurrence By Order
Adjourned 'till Monday Morning.
Monday February 10th. The House met according to adjournment.
Rec̄d a Message from the upper House vizt
Mr Speaker and Gentl
In answer to your Message on Fryday last relating to Mr Goolde We are of oppinion that that affair be Laid before his Majesty's Attorney General to know how farr Mr Burrington is Liable for the Loss of the Money received by Goolde We shall therefore consult him upon it and send you down his opinion thereon.
And pursuant to your resolve on Saturday Last of a Committee of your House on Claims. We have appointed Mr Cheif Justice and Eleazer Allen Esqre a Committee of our house to joyn that of yours.
Ordered that Mr Turner and Mr Swann wait on the Reverend Mr John Garzia with the thanks of this House for performing divine Service before his Excelly the Governour Council and Assembly Yesterday and Voted that the Sum of twenty pounds be paid to him out of the Publick Treasury for the same and that his Excelly the Governour be desired to Issue his Warrant for the payment thereof
Sent to the upper House for Concurrence.
Adjourned 'till tomorrow Morning.
Tuesday February 11th. The House met according to adjournment.
The Bill for providing his Majesty a Rent Roll &c. was read a third time and passed with Amendments and sent to the upper House with the following Message vizt:
To the Honoble the Council
On passing the Bill from this House concerning the payment of his Majesty's Quit Rents we are concerned to find by your amendments of that Bill that you expect the People should be obliged to bring their rents to so very few places as four in so large and extensive a Province as this is a Burthen too heavy for the People to bear and such we hope his Majesty never Expects.
Rents are always payable on the Land (unless an express Agreement to the Contrary) and so the payments have been always made in this Province as well as in both the Neighbouring Governments of Virginia and South Carolina. In Virginia where the Rents are payable in Tobacoe the Collectors went about from house to house and received the same in that bulky and perishable Commodity without any Charge to the Owner of the Land and even now of Late since the year 1730 althō it is Provided by a Law in that Province that the Tobaco due for Rents shall be inspected yet allowance is made to those who pay rents by Tobacoe Inspected according to the different Situations of places some 30 ⅌ per cent and none less than 10 ⅌ cent by which it is very evident that the Charge of Carryage never lay on the Persons paying rents.
Wherefore we are of opinion that in the bill we now offer as we propose to pay the rents in a very few of our best Commoditys at certain places on Navigable waters without any allowance made for Carryage thereof and those places not near so many as are allowed in Virginia althō this Province is twice as large as that We shew our dutifullness to his Majesty by saving a very considerable charge and expence of Collection which we do not understand that his Majesty has either directed or expects should be done at the expence of the Inhabitants of this Province.
This Proposal we now offer to make his Majesty's Revenue by Quit Rents more Valuable we hope all will be accepted when it shall be considered that by the Ancient Laws and usage of this Province the rents were always payable in the Products of the Country and collected by the Lords proprs Officers and as Our Laws now stand the rents are payable in Nineteen different Commoditys and those at such prices as would make his Majesties Revenue much less than what we now offer as appears by the Law Intituled Staple Commodities Rated passed in the Year 1715 which Laws are agreeable to the Laws that were in force before that time as there is a Law already for appointing Registers in each Precinct in this Government and most part of the Lands already Registered especially Such as are held by Deed or Mesne Conveyance We conceived it would be both most easy as well as the most ready way for Obtaining a Rent Roll by the Method we proposed in this Bill Wherefore We hope his Majesty will graciously Accept of our best endeavours and direct the passing the bill when the same shall be laid before him.
The Petitions of William Jones and Robert Barnes praying to be freed from Publick Duty were read and granted Ordered that the Clke Certifie to them the same.
Adjourned 'till tomorrow.
Wednesday, February 12th The House met according to adjournment.
The Bill for appropriating the Powder Money &c. was read a third time and passed with amendments & Sent to the upper House.
Rec̄d from the upper House the following Message Vizt
Mr Speaker and Gent.
On reading the Bill for qualification of Members of Assembly &c. We find the preamble not 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.
Rec̄d from the upper House the two following Bills vizt
A Bill for establishing the North East Parish of Pasquotank into a Precinct Indorsed. Read in the upper House the first time and passed with Amendments.
A Bill to confirm the Precincts of Onslow & Bladen Indorsed Read in the upper House a Second time & passed.
The Bill for Stamping and exchanging the Present Currency was read a Second time and passed with amendments and sent to the upper House.
Also the Bill for establishing the North East Parish of Pasquotank into a precinct was Read a Second time and passed. Sent to the upper House
Rec̄d from the upper House the Bill for providing his Majesty a Rent Roll &c. Indorsed Read in the upper House a third time and rejected with the following Message Vizt.
Mr Speaker & Gent. of the Assembly.
We are sorry to find you have after This your Last reading sent up the bill for payment of his Majestys Quit Rents so clogged that we are under a necessity of Rejecting it If you thought the places of payment as they stand in our amendments too few you had it in your power to have made it as easy to the people as you please provided you had not done it at the King's expence and in this the people in Virginia whom you quote as a Precident have Chaulked out the way for you We grant you that an allowance is made to the people in that Province paying Inspected Tobacco some thirty ⅌ cent and none under ten ⅌ cent according to the remoteness of their situation; but then grant it had been 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) Intire 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 not expect and his right to have his Quit rents paid nett into the Receiver Generals hands and as his Majesty Purchased the Soil for a Valuable Consideration and by an Act of Parliament We are confident nothing less will be accepted of. As to what you mention about the ancient Laws and usage of this Country we cannot 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 Deep 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 commoditys as they thought proper without ever obtaining their Lordships consent since is in our Judgment the 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 Majesties Ministers at home and it would we think be Trifling with them and with the People of this Province too for us to allow it it being certain that his Majesty can recover his quit rents without asking either your consent or ours.If you Please to consult your own records of the Assembly which met in July 1712 while the Indian war 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 Law now stands the quit Rents are payable in Province Bills without any discount If you will only lett us know when the Proprietors ever accepted of this (and we are sure by the Nature of the thing it must be null and 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 may have been made before the Purchase of the Crown took place by the Lords Proprs Councellours 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 rights 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 majesties Revenue and Plundered their fellow subjects. By Order
Ordered that Mr James Castelaw Mr Arthur Williams and Mr Samuel Swann Junr consider the said Message and prepare an answer thereto and report the same to this House.
A Bill for an Act for destroying Vermine was read the first time and passed. Sent to the upper House.
Adjourned 'till tomorrow.
Thursday February 13th The House met according to adjournment.
The following Message was sent to the upper House Vizt
To His Excelly the Governour & Council.
Whereas Colll Thomas Swann Treasurer of Pasquotank Colll Thomas Pollock Treasurer of Bertie Precinct and John Baptista Ashe Treasurer for New Hanover Precinct are dead This house recommends to his Excelly the Governour and Council the following persons to be Treasurers in their room (to wit) Mr Castelaw or Mr Lockhart for Bertie Precinct Mr John Relph or Mr Cornel Relph for Pasquotank Precinct Mr Eleazr Allen or Mr Samuel Swann for New Hanover Precinct.
The Bill for confirming the Precincts of Onslow and Bladen was read the third time and passed. Sent to the upper House.
Sent the following Message to the upper House vizt
To the Honoble the upper House of Assembly now Sitting.
Whereas the wages for the members of the General Assembly was heretofore So small as ten shillings a day and it being found That it was not one third of the expence they were at in attendance and charge in coming and going. It is the resolve of this House that the Members of this General Assembly have and receive each Member thirty shillings pr day for their attendance and the time of coming and going and that the several Members be allowed the same time as usual for Traveling Sent for concurrence By Order
The Committee made report to this house that they had agreed to a draft of a Bill for Laying 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 which draft is approved of and read the first time and passed. Sent to the upper house.
Rec̄d from the upper house the said Bill Indorsed Read in the upper house a first time and passed
Also a Bill for stamping and exchanging the present bills of currency of this Province &c. Indorsed read in the upper House a Second time and passed with amendments.
Adjourned 'till tomorrow Morning.
Fryday February 14th The House met according to adjournment.
The Bill for Laying Making altering and Keeping in repair the Several Roads in the County of Bath &c was read a Second time and passed. Sent to the upper House.
A Bill for an additional act to the act concerning Roads and ferrys was read the first time and passed. Sent to the upper House.
Adjourned 'till tomorrow.
Saturday February 15th The House met according to adjournment.
Adjourned 'till Monday.
Monday February 17th The House met according to adjournment.
An Act for reviving an Act Intituled an additional Act to the Act for the Tryall of Small and mean Causes was read the first time and passed.
An additional act to the act for destroying Squirrels was read the first time and passed.
Adjourned 'till tomorrow.
Tuesday February the 18th The House met according to adjournment.
Rec̄d from the upper house the Road Bill for the County of Bath &c. Indorsed read in the upper house the Second time and passed with amendments.
A Bill for an Act for laying duty on Liquors for and towards defraying the contingent Charges of Government &c. was read the first time and passed.
A Bill for an Act for preventing the driving of hogs &c. was read the first time and Passed
The Bill for Roads in the County of Bath &c. was read the third time and passed with amendments.
A Bill for an Act to ascertain an Allowance for his Majesties Council and Assembly of this Province was read the first time and passed.
A Bill for making and emitting the sum of ten thousand pounds was read the first time and passed.
Ordered that the Bills this day read and passed together with the two bills read and passed yesterday be sent to the upper House tomorrow.
Adjourned 'till tomorrow.
Wednesday February 19th. The House met according to adjournment.
Pursuant to yesterdays Order Sent the Bills that were read and passed to the upper House.
Rec̄d from the upper House the following Bills Vizt
The Bill for an Act to establish the North East Parish of Pasquotank into a Precinct. Indorsed Read in the upper house the Second time and passed.
The Bill for an Act to confirm the Precincts of Onslow and Bladen. Indorsed Read in the upper house the third time and passed. Ordered that the Bill be engrossed.
A Bill for an additional act to the act concerning Roads and ferrys Indorsed read in the upper house the first time and Passed with amendments.
Read the following Bills Vizt
The Bill for an Act to establish the North East Parish of Pasquotank into a Precinct by the name of Johnston Precinct the third time and passed.
Also the Bill for an additional act to the act concerning Roads and ferrys the Second time and passed with amendments, and Sent to the upper house.
The Petition of Henry Journakin was read setting forth that Benja Hill obtained an Order of the Precinct Court of Bertie to Turn a Road that for many years has gone through the Plantation of the said Henry and that the said Benjamin after two or three Jurys dismissed they not agreeing to Turn the road to the Satisfaction of the said Benjamin he got another Jury who run the Road through the cornfield and Orchard of the said Henry Threw down the fence and digged up the fruit Trees to his great prejudice.
Resolved That the said Road be altered and continued as usual Sent to the upper house for concurrence. Also the following Message Vizt
The report of the Com̄ittee for examining The Publick Accounts has been read in this house and several persons now attending to pay their ballances We desire That Edward Moseley and Cullen Pollock Esqrs be joyned with the Speaker of this house to examine and receive the same being the Surviving Com̄issioners who signed the said Bill.
Which Message was returned from the upper House Indorsed read and concurred with.
Rec̄d from the upper house the Bill for making and emitting the sum of ten thousand pounds. Indorsed read in the upper house the first time and passed with amendments with the following Message Vizt
Mr Speaker and Gent.
On reading the Bill for Making the sum of ten thousand pounds &c. Sent us this morning We have thought proper to make some amendments thereto which you will find on reading do not alter the Nature or any Effectual 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 Brittain and Ireland and most of his Majesties Plantations in America which is the reason for our Inserting it Instead of yours and which we hope you will agree to. By Ord:
Which amendment is by the house here concurred with.
The Bill to ascertain allowance for his Majesties Council &c. was rec̄d from the upper house. Indorsed read in the upper house the first time and passed with amendments.
Adjourned 'till tomorrow.
Thursday February 20th. The House met according to adjournment. His Excelly the Governour was pleased to send a copy of one of his Majesties Royal Instructions to him in these words Vizt
Instruction 16 You are to take care that in all acts or orders to be passed in that our Province in any case for Levying Money or Imposing fines or penalties Express Mention be made that the same is granted or reserved to us our heirs and Successors for the Publick uses of that our Province and the Support of the Government thereof as by the said Act or Order shall be directed and you are particularly not to pass any Law or doe any Act by grant Settlement or otherwise whereby our Revenue may be Lessened or Impaired without our Special Leave or command therein.
The Bill 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 the part thereof was read a Second time and passed. Sent to the upper house.
Also The Bill for Ascertaining allowance to his Majesties Council &c. was read a Second time and passed with amendments.
A Message was sent to the upper House in these words Vizt
To the Honoble the upper house
Upon reading the Bill for stamping and exchanging the Present Currency of this Province &c. We perceive that the Commissioners therein mentioned are to give Security in the sum of ten thousand pounds each We are of opinion they ought to give security for double the sums they are Intrusted 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 Message was returned from the upper house Indorsed Read and concurred with in the upper house.
Ordered that Mr William Badham Mr Zebulon Clayton Mr George Roberts and Walter Lane be a Committee to Prepare an address to his Excelly the Governour in relation of the Quit Rents.
The Bill for stamping and exchanging the present Currency of this Province &c was read the third time and passed with amendments Sent to the upper house.
Rec̄d from the upper house the following Bills Vizt
The Bill for an additional act to the act concerning Roads and ferrys. Indorsed read in the upper house a Second time and passed with amendments.
The Bill for reviving an act Intituled an additional Act to the act for the Tryall of Small and Mean causes Indorsed read in the upper house the first time and passed with amendments.
The Bill for an act for destroying Vermine Indorsed Read in the upper house the first time and passed with amendments.
The Act for Laying a duty on Liquors &c. Indorsed read in the upper house the first time and passed with amendments.
Read the following Bills Vizt
The Act for reviving an Act Intituled an additional [act] to the act for Tryall of Small and mean Causes the Second time and passed
The Act for destroying Vermine the Second time and passed with amendments.
Also the Bill for Laying duty on Liquors the Second time and passed. Sent to the upper house.
The Report of the Committee for considering the Message of the upper House concerning the Bill for providing his Majesty a Rent Roll &c. was read and referred for consideration.
Rec̄d from the upper House the following Bills Vizt
The Bill for an act to enable the Chief Justice or other Judges of the General Court to Try Issue in Civil causes by writ of Nisi prius in the County of Bath Indorsed Read in the upper house the first time and passed.
The Bill for Laying out making altering and keeping in repair the several Roads and highways in the County of Bath &c. Indorsed Read in the upper house the third time and passed. Ordered That the same be engrossed.
The Bill for establishing the North East Parish of Pasquotank into a Precinct Indorsed read in the upper house the third time and passed. Ordered that it be engrossed.
The Bill for regulating Elections and Members. Indorsed Read in the upper house the third time and passed. Ordered that it be engrossed.
Also the Bill for ascertaining Allowance for his Majesties Council &c. Indorsed Read in the upper house the Second time and passed with amendments.
The Bill for an additional Act to the Act concerning R