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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
March 07, 1739 - March 08, 1739
Volume 04, Pages 408-414

North Carolina—ss.

At an Assembly begun and held at New Bern, the sixth day of February one thousand seven hundred and thirty eight in the twelfth year of the reign of our Sovereign Lord George the second by the Grace of God of Great Britain, France and Ireland King &c—and continued by prorogation to the seventh day of March following being the second Session of this present Assembly.

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Received a Message from his Excellency the Governor commanding the immediate attendance of this House at the Council Chamber.

The House in a full body waited on his Excellency the Governor at the Council Chamber, when his Excellency was pleased to make the following Speech viz:

Mr Speaker & Gentlemen,

I command you to return to your House and expedite the Business of the day.

Sent the following Message to the Upper House (viz:)

May it please your Honours,

We are preparing an estimate of the wages due to the Members of this House this Session & also of former Assemblys and desire an estimate of those of your House to make the same compleat.

Sent the following Message to the Upper House viz:

May it please your Honours,

We have made an estimate of the money due to the Members of our House for wages due in this and the three preceeding Assemblys, we are very sensible that the Members of this Assembly cannot be paid their wages and the claims allowed by this Assembly otherwise than out of funds which ought to be applyed (by Acts of Assembly) to other purposes yet tho' we are sensible it may be deemed a violation of the Publick faith we hope your Honours will concur with us in allowing such money as now is in the Publick Treasury tho' arising from funds which should be appropriated to other purposes may be allowed to be paid to the Members for their wages, and claims allowed by this Assembly for this time only and we assure you that we are ready to concur with you in any resolution that for the future no money to be appropriated by any Act shall be applyed otherwise than as such Act directs.

We likewise desire that your Honours do joyn with us in an address to his Excellency to issue his warrant for the payment of the same.

By order of the House
DOWNING, Speaker.

Received the above message from the Upper House Endorsed. Concurr'd with

W. SMITH.

Sent the following message to the Upper House

May it please your Honours,

This House having appointed Sir Richard Everard Bart: Col: Benj: Hill, Col: Wm Wilson, Col. Forbes and Col: McRora Scarbrough to be

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a Committee to joyn such Members of your House as your Honours shall think fitt to appoint to finish the settlement of the Publick accounts.

Desire your Honours concurrence

Received the following Message from the Upper House (vizt)

Mr Speaker & Gentlemen,

In answer to your Message relating to the Copys of the Laws we joyn with you in opinion that it is absolutely necessary they be delivered to the General Court and the several County Courts of this Province both as to what have past since the year 1733. as well as what shall be past for the future but we cannot so readily agree to your resolution that the Clerk of your House shall obtain a copy of the Laws from the Secretary's Office at the price of fifteen pounds only and that he to transmitt from that Copy one to every County in this Province because we take it to belong to the Secretary only so to do and we hope upon further consideration you will joyn with us in thinking that to divest one office of its known right to give to another without just cause is inconsistent with the justice of either House we therefore propose that the Secretary be ordered to transmitt all Copys of Laws to the General and several County Courts and that he be allowed seven pence half penny proclamation money per copy sheet to be paid him on such certificate as you mentioned.

Sent the following Message to the Upper House. (viz.)

May it please your Honours,

We are sorry that in your answer you seem to disagree with our resolution for our clerk to get a Copy of the Laws passed since the year 1733 from the Secretary's office from which he should be obliged to make out copys for the several County Courts in this Province whereby the Magistrates might be the better informed of their duty, because you say it ought to be done by the Secretary and that it is a right of the secretary so to do but as your Honrs have not shewn us any instance of the Secretary ever having heretofore made out such copys neither do we find that he hath ever done it, therefore we have reason to believe that it hath been the practice heretofore in this Province for the Clerk of this House to make out the said Copys for the several Precincts or Countys and we are of opinion that in our resolve we have not divested one Office of any right heretofore belonging to such office to give such right to any other and we are further of opinion that one copy of the Laws passed every Session ought to be made out every Session for the use of this House and no more for which we think in a resolve we have made a sufficient allowance

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but if your Honours are of a contrary opinion we are ready to make such further allowance as shall be thought reasonable.

Received the following Message from the Upper House

Mr Speaker & Gentlemen,

In answer to your message relating to the payment of the wages of the Members of Assembly we cannot agree that the Speaker of your House be paid the same with the President of ours and as to your second resolve if you intend by it that the Members of this House as well as those of yours be paid in the same manner as by the Law now expired we readily consent to it.

Read and sent to the Upper House the Bill for an Act to supply the defects of an Act passed last Session of Assembly intituled an Act for appointing Sherifs &c.

Received the above Bill from the Upper House.

Read and sent the above Bill to the Upper House.

Received the above Bill from the Upper House

Read and sent the above Bill to the Upper House

Received the above Bill from the Upper House

Endorsed. Read the third time Ordered to be engrossed.

Received the following message from the Upper House.

Mr Speaker & Gentlemen,

In answer to your message relateing to the burning of the old Bills of Credit &c. we have appointed the chief Justice on the part of our House to examine and see them burnt and to order the disposal of the Counter parts of the new Emission and Mathew Rowan and Edwd Moseley Esqres to settle the accounts with the Commissioners.

Received the following Message from the Upper House

Mr Speaker & Gentlemen,

In answer to your message concerning the revisal of the Laws we have on the part of this House appointed the Chief Justice to joyns your Commissioners to the northward and Edwd Moseley Esqre to joyn the Commrs for the southward.

Received the following message from the Upper House.

Mr Speaker and Gentlemen

Eleazer Allen and Edwd Moseley Esqres are appointed a Committee of our House to joyn yours to finish the settlement of the Publick accounts.

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Sent the following message to the Upper House

May it please your Honours

This House having resolved that all persons who are in arrear to the Publick for any moneys by them received, except the loan money and the poll tax, heretofore laid and collected by the Precinct Treasurers do pay the same to the General Treasurers in their respective districts on or before the first day of August next in order to pay the publick claims and that his Excellency be addressed to issue his warrant to the said Treasurers for payment of the same. To which we desire your Concurrence

And it is also resolved that all persons who are in arrear to the Publick shall discount so much of their wages as shall be due to them towards discharging the same. To which we also desire your Concurrence.

The House adjourned till 4 o'clock post meridn

The House met according to Adjournment.

Received the following message from the Upper House

Mr Speaker and Gentlemen,

In answer to your message relating to the money in the hands of such Persons as are in arrear to the Publick.

This House is of opinion that the speediest way for those persons to be paid who have publick claims will be for those persons who have the publick moneys in their Hands to pay the claims allowed by this Assembly to the claimants—And that his Excellcy the Governor be desired to issue his warrant accordingly. As to the latter part of your Message the methods you propose have been observed in paying the claimants by discounting the wages and claims allowd

The above concurred with in the Lower House.

Resolved That William Herritage Clerk of this House be allowed a claim on the Publick and paid the next Assembly the sum of forty pounds, for extraordinary services this Assembly and that he have for the future the same wages the Clerk of the Upper House is allowed.

Resolved that the Clerk of this House procure & pay for three bound books, one for the Journals of the House, one for the reports of the Committee of Publick accounts and the other for the reports of the Committee of claims and that he be allowed and paid twenty five per cent on the prime cost for the same.

The House adjourned till to morrow 8 o'clock.


Thursday ye 8th of March 1738.

The House met according to Adjournment.

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Sent the following Message to the Upper House.

May it please your Honrs

Mr Samuel Swann one of the Executors of John Baptista Ash deceased who was Precinct Treasurer for New Hanover Precinct, moved this House that they would give an order to Eleazer Allen Esqre who succeeded the said Ash in the Office of Treasurer for said Precinct to pay the Executors of the said Ash the moneys allowed by Law for emitting the publick moneys of the said Precinct which the said Ash in his life time emitted.

Whereupon it was resolved that Eleaz Allen Esqre pay the said executors the money allowed by law for emitting the publick moneys aforesaid emitted by the said Ash deceased, and he is hereby accordingly directed to pay the same. To which we desire your Honours Concurrence.

Received the above Message from the Upper House.

Endorsed. Concurred with

W. SMITH.

Received from the Upper House the message sent from this House in relation to the payment of the wages of the Members of Assembly out of other funds than are or ought to be appropriated for said use. Endorsed. Concurred with

W. SMITH.

Received from the Upper House the Message in relation to the money to be paid to Mr Ash's executors by Mr Allen. Endorsed. Concurred with.

W. SMITH.

Sir Richard Everard moved this House that all persons in arrear to the publick who have not appeared before this Assembly to settle their accounts and pay their bale: might be prosecuted and that Mr Attorney have directions to prosecute them accordingly.

Sent the following Message to the Upper House

May it please your Honours,

We have agreed the messenger who went for Mr Forster & Mr Turner be allowed forty pounds for his trouble and loss of his Horse on the said Message and desire your Honours to joyn with us in address to his Excellency for his warrant for the payment thereof in Mr Turner's hands and that Mr Forster & Mr Turner be made chargeable therewith

The House adjourned till 3 o'clock post merid:

The House met according to Adjournment.

Received from the Upper House the message sent them in relation to the moneys in such persons hands as are in arrear to the Publick Endorsed. Concurred with.

W. SMITH.
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Received from the Upper House the message sent them in relation to Mr Turner & Mr Forster. Endorsed. The House concurred with the message and orders that Mr Forster pay thirty pounds & Major Turner Ten pounds.

His Excellency the Governor commanded the attendance of the House in the Council Chamber with what Bills were engrossed.

Mr Speaker with the House waited on his Excellency the Governor in the Council Chamber and presented the Bill to supply the defects of an Act passed last Session of Assembly intituled an Act for appointing Sheriffs in the room of Marshalls &c. To which His Excellcy assented. And ordered the Great Seal of the Province to be affixed thereto.

Then His Excellency was pleased to prorogue this Assembly to the second Tuesday in November next at New Bern.

Mr Speaker with the House returned & pronounced the prorogation accordingly.