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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
February 05, 1740 - February 27, 1740
Volume 04, Pages 470-492

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

North Carolina—ss.

Att a General Assembly begun and held at Newbern on Tuesday the fifth day of February, in the year of our Lord one thousand seven hundred and thirty nine, [1740] and in the twelfth year of the reign of our sovereign Lord George the Second, and continued by prorogation, until the seventh of this instant.


Thursday the 7th [February 1740]
Present the honble William Smith Esqre President.
The Honoble Nath Rice Esqr Member of the Upper House
The Honoble Math: Rowan Esqr Member of the Upper House
The Honoble Robt Halton Esqr Member of the Upper House
The Honoble Edwd Moseley Esqr Member of the Upper House
The Honoble Eleaz: Allen Esqr Member of the Upper House
The Honoble Roger Moore Esqr Member of the Upper House

Then the House was pleased to appoint Robert Halton and Mathew Rowan Esqrs Members of this Board, to administer the oaths by Law appointed, for the qualification of Publick officers to the several Members of the House of Burgesses.

Then his Excellency came to the House, and was pleased to command the immediate attendance of the Lower House in the Council Chamber. Who accordingly came.

-------------------- page 471 --------------------

Then His Excellency was pleased to direct them to repair to their House and choose them a Speaker—& accordingly they departed, Whereupon they returned and acquainted his Excellency that they had chose John Hodgson Esqre their Speaker And presented him to his Excellency for his approbation.

Then his Excellency was pleased to make the following Speech to both Houses vizt

Gentlemen of His Majestie's Council and of the House of Burgesses.

I have in former Assemblys frequently expressed my sentiments relating to publick affairs of this Province, that I look upon it superfluous at this time to trouble you with a repetition of them, only as there is at present the great appearance of a war breaking out in Europe, I cannot help once more reminding you how absolutely and necessary it is to revise and reform your Militia Law and take the proper precautions for putting such parts of your Coasts as are most liable to be insulted or attacked in a posture of defence.

Since our last meeting here I have been obliged to travel through a great part of the Province and I cannot conceal from you Gentlemen the many complaints I have met with in every place of their wanting Copys of the Laws, Majistrates were at a loss how to decide controversies which arose amongst his Majestie's subjects, and even private persons, who were willing to pay the taxes were puzzled in what manner and at what time to comply with the Law, there is very little diference Gentlemen betwixt having no Laws at all and living under such as are impossible to be come at, and are never promulgated in an authentik manner.

If your Committee appointed to revise your Laws, have done their duty in any tolerable manner I am persuaded you will lose no time to relieve the Inhabitants you represent from so terrible a misfortune, but I must acquaint you that as in this so in a great many other branches of the Publick service everything is at a stand, for want of proper funds to defray the necessary charges.

I heartily wish Gentlemen you would take this into your serious consideration, thus far I am of opinion that no Colony under His Majesty's Dominions, has so much encouragement as this, to raise the necessary supplies, for the publick service, neither Governor nor any other publick Officer make any demands on the Publick for their private accounts you may appropriate the sums you raise by the strictest Clauses you can invent, the Sherifs, Receivers and every person concerned in collecting the Publick Revenues are of your own chuseing or recommending and

-------------------- page 472 --------------------
are accountable to you, so that there is a moral certainty, that the money raised by any Law you pass, must be applyed according to the intention of that Law. In such a scituation as this Gentlemen if anything necessary for the Publick good, is prevented for want of proper Provisions to pay the reasonable charges which attend, it is easy to see where the blame will lye, for my own part I dont in the least doubt from your behaviour last Session but this Assembly will, to the utmost of their power and as far as the circumstances of the People will admit, provide in a suitable manner for every Publick expence.

I must recommend to your consideration the many notorious abuses, which attend the present method of granting Licences for Marriages and Ordinarie Keepers. I find myself very much at a loss, how to prevent them in a legale manner, and mention it more willingly because all these abuses may be prevented without any loss of time, by putting those Licences on the same reasonable footing here, as they are in most of our neighbouring Colonys.

I must not omit to inform you Gentlemen, that the French and Spaniards have taken of late uncommon pains to debauch all the friendly Indians who live in the neighbourhood of His Majestie's Dominions, and all over America, from their friendship and alliance with his subjects, what success, they may have met with in their Intreguies I am not sufficiently apprized of.

But as I found our Indians last summer highly discontented and even threatening to leave the province because they are not allowed to hunt within the Settlements I cannot forbear desireing you to consider what mischievous consequences might happen, if these people who know the most secret and shortest avenues in the very heart of the Country. should be seduced by, or joyn any foreign Indians, I've ordered his Majestie's Instruction to me, relating to those people, to be laid before you and shall be glad of your advice and assistance how to execute it in the most effectual manner.

Mr Speaker & Gentlemen of the House of Burgesses

I am confident you must have taken notice of the good effects of the wise and moderate Councils which prevailed during your last Session, and tho' matters were far from being brought to that perfection which every good man and lover of his Country could wish, yet you must observe, more harmony and tranquility & Publick business carried on with more decency in this Province, within these few months than has been known of many years before.

Those main points which were the unhappy occasions of our former difference, are now adjusted to the mutual satisfaction of both parties,

-------------------- page 473 --------------------
but yet there remains a great deal to be done to put this Colony on the same regular and orderly footing as the rest of his Majestie's Dominions, on the Contenent and it will be impossible to succeed in your endeavours this way unless, laying aside all former prejudices and Animosities, all names of partyes and distinction you joyn cordially and unanimously to promote the publick good to supply what is wanting in your Laws, and remove everything that is amiss, I hope to have the pleasure of congratulating you at the end of the Session on your proceeding in this manner and you may depend on my hearty & sincere concurrance and assent to every measure which has the least tendency to the Peace and Prosperity of the Province.

These Gentlemen are the points I intended to recommend to the last Assembly, if its meeting had not been prevented by Accidents verry well known to you all, and as the circumstances of this Province are pretty much the same now, as they were then, I think it my duty to lay the same things before you with this addition that by late Advices which I have very lately received from Great Britain, there appears still the great necessity for reviseing your Laws and putting them in proper order.

Then the House was pleased to order his Excellency's Speech to be read.

And accordingly the same was read.

And the House Thereupon appointed Eleaz: Allen & Edward Moseley Esqrs a Committee to answer his Excelly's speech.

And then adjourned until to morrow morning ten o' the clock.


Fryday the eighth. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honorable Nath : Rice Esqr Member.
The honorable Math : Rowan Esqr Member.
The honorable Robt Halton Esqr Member.
The honorable Edward Moseley Esqr Member.
The honorable Eleazr Allen
The honorable Roger Moor Esqr Member.

Mr Allen from the Committee appointed to answer his Excellency's speech, Reported the same which was read in these words

To His Excellency Gabriel Johnston Esqre Captain General and Governor in Chief in and over His Majties Province of North Carolina.

The humble Address of the Members of His Majties Council of North Carolina Now met in General Assembly.

May it please your Excellency,

We the Members of His Majestie's Council for this Province Now met in General Assembly, take this occasion to return your Excellency our thanks for the Speech you were pleased to make to both Houses at the beginning of this Session.

-------------------- page 474 --------------------

The many and just observations you have made on the present circumstances of the Province and the Evils you have pointed out, as proper subjects for the consideration of this Assembly to be redressed, and the manner in which you have been pleased to suggest such a redress are to us convincing proofs how much you have the Interest of it at heart. We therefore beg leave to assure your Excellency of our sincere and hearty concurrance in promoting all the good ends and proposals you have so warmly recommended that peace and tranquility may reign amongst us and your Excellency's Administration be rendered happy and easy.

Which was approved of and Ordered to be Engrossed.

Then the House appointed the honble Edward Moseley and Roger Moor Esqrs to wait upon his Excellency to know when they should attend upon him with their Address.

Who immediately returned and acquainted the House that his Excellency's Answer was As soon as they were ready.

Whereupon the House in a full body waited upon his Excellency and presented their Address.

And in a short time returned to their House again.

Then the House adjourned until three o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath : Rice Esqr Member.
The honble Math : Rowan Esqr Member.
The honble Robt Halton Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member.

Mr M. Moor & Mr Montgomery Brought up the two following Bills

A Bill for an Act for the better observing and keeping the Lords day the thirtieth of January the twenty second of September, the twenty ninth of May and for the more effectual suppressing of Vice and Immorality.

A Bill for an Act for establishing the Church for appointing Parishes, and select Vestrys and for directing the settlement of Parish accounts thro'out this Government.

In the Lower House Read said Bills the first time & passed. Then the House adjourned until to morrow morning 10. o' the Clock.


Saturday the Ninth. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath : Rice Esqr Member.
The honble Math : Rowan Esqr Member.
The honble Robt Halton Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member.

The Bill for the better observation of the Lord's day.

The Bill for establishing the church.

-------------------- page 475 --------------------

Read the first time & passed with Amendments. Then the House adjourned until three o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Eleaz: Allen Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Roger Moor. Esqr Member.

And adjourned until Monday morning ten o' the clock.


Monday the eleventh. The House met according to Adjournment.
Present
The honble Eleaz: Allen Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Roger Moor. Esqr Member.

And adjourned until three o' the clock in the afternoon.


Post Meridn. The House met according to Adjournment.
Present
The honble Robt Halton Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble Edwd Moseley Esqr Member.

And adjourned until to morrow morning ten o' the clock.


Tuesday the Twelfth. The House met according to Adjournment.
Present
The honble Eleaz: Allen Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Roger Moor. Esqr Member.

Mr Blackhall & Mr Peyton Brought up the following Bills.

A Bill for an Act to appoint Constables

A Bill for regulating Ordinarys & restraining Typlin Houses.

A Bill appointing Coroners in every County of this Government and declareing the duty of said Office.

A Bill for registring of Christnings, Marriages, & Burials, and prohibbiting private burials.

A Bill concerning Marriages.

In the Lower House Read said Bills the first time and passed.

Then the House adjourned untill three o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present
The honble Nath : Rice Esqr Member.
The honble Math : Rowan Esqr Member.
The honble Robt Halton Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Eleaz: Allen
The honble Roger Moor Esqr Member.

Sir Richd Everard, & Mr Blount Brought up the following Bills A bill for an Act to prevent the taking of boats, Canoes, Perryagures &c.

-------------------- page 476 --------------------

A Bill for an Act to prevent the abuse of Lawyers &c.

A Bill concerning Weights and Measures.

In the Lower House Read said Bills the first time and passed.

The three following Messages brought up with the said Bills vizt

May it please your Honrs

We have appointed a Committee for the publick claimes of the following persons, Mr George Roberts, Mr John Swan, Mr Abraham Blackhall, Mr John Starky, and Mr Samuell Sinclare, to joyn such Members of your House as you shall think fit to appoint.

May it please your Honrs

We have appointed Sir Richard Everard Bart, Mr McRora Scarbrough and Col: Benjamin Hill, to joyn such Members of your House as your Honours shall appoint to examine and settle the Publick Accounts.

May it please your Honrs

We have appointed a Committee to enquire into the state of the Currency of this Province and to consider proper methods to raise the value thereof, of the following persons vizt Sir Richard Everard, Col: Benjamin Hill, Mr John Blount and Mr George Roberts to joyn such Members of your House as your Honours shall think fit to appoint.

On reading the before mentioned Messages the House appointed Eleaz: Allen and Edwd Moseley Esqrs to joyn the Committee of the Lower House upon the Publick Accounts and Robert Halton and Mathew Rowan Esqrs upon the publick claims.

The Bill to prevent the abuse of Lawyers &c.

The Bill concerning Weights and Measures.

The Bill to prevent the taking of boats &c.

Read the first time and passed with Amendments.

Then the House adjourned untill tomorrow morning ten o' the clock.


Wednesday the Thirteenth The House met according to Adjournment.
Present
The honble Robt Halton Esqr Member
The honble Math: Rowan Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Edwd Moseley Esqr Member
The honble Roger Moor Esqr Member

And adjourned untill three o' the clock in the afternoon


Post Meridn The House met according to Adjournment.
Present
The honble Nath: Rice Esqr Member
The honble Edwd Moseley Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Roger Moor Esqr Member

And adjourned untill to morrow morning ten o' the clock.

-------------------- page 477 --------------------

Thursday the Fourteenth. The House met according to Adjournment.
Present
The honble Nath: Rice Esqr Member
The honble Edwd Moseley Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Roger Moor Esqr Member

And adjourned untill to morrow morning ten o' the clock.


Friday the Fifteenth. The House met according to Adjournment.
Present
The honble Nath: Rice Esqr Member
The honble Edwd Moseley Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Roger Moor Esqr Member

Mr Hunter & Mr John Swan Brought up the following Bills vizt

A Bill concerning servants and slaves.

A Bill for regulating the Militia.

A Bill for the encouragement of building Mills.

A Bill for assertaining the damages on protested Bills of Exchange.

A Bill concerning the qualification of Publick Officers.

A Bill appointing a Treasurer for the several Countys therein mentioned.

A Bill for ascertaining the guage of Barrells, and for appointing packers.

A Bill prescribeing the method of proveing Book debts.

In the Lower House Read said Bills the first time and passed.

Then the House adjourned untill to morrow morning Ten o' the clock.


Saturday the sixteenth. The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Nath: Rice Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Robt Halton Esqr Member
The honble Edwd Moseley Esqr Member
The honble Roger Moor Esqr Member

The Treasurers Bill Read the first time and passed.

Then this House taking into consideration that part of his Excellency's Speech to both Houses, at the beginning of this Session wherein he is pleased to recommend, the absolute necessity, of reviseing and reforming the Militia Law, and to take proper precautions for putting such parts of the Coast as are lyable to be insulted or attacked, in a posture of defence.

Resolved that it is the opinion of this Board that the mouth of Cape Fear river being the Southermost navigable Inlet in this Province is from its scituation, depth of water and other conveniences for shipping lyable to the Insults of a foreign Enemy.

That the said River is at present entirely defenceless and that the Estates and Propertyes of His Majestye's Subjects (especially of those

-------------------- page 478 --------------------
inhabiting the lower parts thereof) are in great danger of being attacked, and their Slaves & other goods, carryed off by the smallest invader.

Resolved that an humble address of this Board be presented to his Excellency that he would be pleased to use his interest at home, with the Lords of the Admiralty, or by any other ways, that a Man of war may be stationed at Cape Fear River for the security of the propertyes of his Majestie's Subjects, The trade thereof chiefly consisting of Naval stores, and that a Copy of these Resolves, be likewise delivered to his Excellency, to be transmitted by him as he shall think proper to render it most useful.

Then the House was pleased to appoint Eleaz: Allen and Edward Moseley Esqrs a Committee to draw up the said Address and Report the same to the House.

The Militia Bill

The Bill prescribeing the method of proveing Book debts.

The Bill restraining Tiplin Houses.

The Bill appointing Constables.

Read said Bills the first time and passed with Amendments.

Then the House adjourned untill Monday morning Ten o' the clock.


Monday the Eighteenth The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Nath: Rice Esqr Member
The honble Math: Rowan Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Edwd Moseley Esqr Member
The honble Roger Moor Esqr Member

And adjourned untill three o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Eleaz: Allen Esqr Member
The honble Edwd Moseley Esqr Member
The honble Roger Moor Esqr Member

Mr Castellaw & Mr Starky Brought up the following Bills vizt

The Bill concerning Weights and Measures

The Bill for ascertaining the allowance of his Majestie's Council and Member of Assembly.

The Treasurers Bill.

The Bill for regulating Ordinaries

The Bill for Prescribeing the method of proveing Book debts.

In the Lower House, Read the second time and passed with amendments.

A bill for building a Court House and Prison in Chowan County.

In the Lower House. Read the first time & passed.

-------------------- page 479 --------------------

Also brought up the Petition of several of the Inhabitants of Bertie County, referr'd to this House by the Lower House Regarding the Ware house now appointed at Samuel Buxton's for receipt of His Majesty's Quit Rents being inconveniently scituated, Prayes it may be removed to Robert Harrises landing.

The Petition of several of the Upper Inhabitants of Edgecombe referred as aforesaid Regarding the Ware house now appointed, at John Pratt's for receipt of his Majestie's Quit Rents, being inconveniently scituated—Prays it may be removed to Marmaduke Kimbroughs, near the falls of Miratuck River.

Then the House adjourned until to morrow morning ten of the clock.


Tuesday the Nineteenth The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Nath: Rice Esqr Member
The honble Math: Rowan Esqr Member
The honble Robt Halton Esqr Member
The honble Edwd Moseley Esqr Member
The honble Eleaz: Allen Esqr Member
The honble Roger Moor Esqr Member
The honble James Murray Esqr Member

Eleazer Allen Esqre one of the Committee appointed to draw the Address to his Excellency, concerning the putting such parts of the Coast of this Province as are liable to be insulted in a posture of defence Reported the same which was Read and Ordered to be engrossed.


North Carolina

To his Excellency Gabriel Johnston Esqre Captain General and Governor in Chief of his Majestie's Province of North Carolina.

The humble Address of the Members of his Majestie's Councill in North Carolina, now met in General Assembly.

May it please your Excellency.

This Board having taken under consideration that part of your Excellency's speech to both Houses at the beginning of this session Wherein you are pleased to recommend that proper precautions be taken for putting such parts of the Coast of this Province as are liable to be insulted or attacked in a posture of defence—Beg leave to present your Excellency with our Resolutions thereupon and that you would be pleased to transmit the same to the Lords of the Admiralty in Great Britain and to use your Interest with that Board, or any other ways, that a Man of War be stationed in Cape Fear River, to the end that the property of his Majesty's Subjects inhabiting the same may be protected from the insults & invasions of the Enemy which are daily to be expected from an approaching war.

-------------------- page 480 --------------------

The Bill for building a Court house and Prison in Chowan Read and passed first time.

The Bill for regulating Ordinaries. Read the second time & passed with Amendments.

The Treasurers Bill Read & Ordered to lye upon the table.

Then the House adjourned untill four of the Clock in the Afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Nath: Rice Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble Roger Moor Esqr Member.

Mr Bryan & Mr Dawson Brought up the following Bills vizt

A Bill for secureing Orphans Estates.

A Bill for rating the several Commodities as in this Act mentioned, equal to Proclamation money, and to direct the payments of debts, publick and parish taxes.

In the Lower House Read said Bills the first time and passed.

The Militia Bill

In the Lower House Read the second time & passed with Amendments.

A Bill for the better ascertaining the Fees of the several Officers in this Province.

In the Lower House Read the first time & passed.

Then the House adjourned until to morrow morning 10. o' the clock.


Wednesday the Twentieth The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath: Rice Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Robt Halton Esqr Member.
The honble Roger Moor Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble James Murray Esqr Member.
The honble Math: Rowan Esqr Member.

The Bill appointing a Treasurer for the several Countys therein mentioned, being Read the second time

And the Question being put whether the sd Bill should pass

Mr Smith President The honble Robt Halton Math: Rowan James Murray Esqrs Members voted for the passing the sd Bill

The honble Nath: Rice Eleaz: Allen Edwd Moseley Roger Moor Esqrs Members voted against it.

Whereupon Mr Smith the eldest Counseller, insisted that he had a decisive vote upon an equality, On which the said Bill pas't.

Then the four Members who were of opinion that the said Bill ought not to pass desired that their dissent and Protest thereto should be read and entred upon the Journals of this House vizt

-------------------- page 481 --------------------

The Protest of the Subscribers being four of the Members of the Upper House, against the eldest Councellor or Chairman claiming a casting vote, in the Upper House on an equality he making one of the equality.

First. Because we conceive that the first Councellor has not, nor ought to have more power in Assembly than any other Member of the Council, nor can vote more than once on any Question proposed in this House.

2dly That for the first Councillor to assume to himself, the right of a casting vote where he himself makes the equality is claiming that of two votes, in the Upper House, for which we conceive, there never was a Precedent in any of His Majesty's Colonys, in America since the first Settlement of them.

3rdly We conceive that should this extraordinary power, be admitted in the first Councellor in the Upper House of Assembly of first voting as a Member, and then giving an additional one to cast the balance in case of an equality, himself included, this power extend equaly to such Questions on the negative side of which he is pleased to declare himself, as well as on those in the affirmative, from whence we conceive it will follow, that the first Councellor in the Upper House has at sometimes a negative on the Laws of this Province, A power we cannot apprehend was ever vested in any but the Crown or it's Delegate the Governor.

4thly We conceive that where a right is so strongly asserted as in this Case it behooves the partyes asserting that right to produce some instance paralel to it, either at home or abroad, in support of that assertion in order to regulate our judgement, and determine our opinion in the case, as nothing of this kind has appear'd, but on the contrary that during this present Governour's Administration We apprehend a Bill has been laid aside, from the equality of Votes in the Upper House, it is plain we conceive, that the present claim of the first Councellor is an Innovation, and destructive of the rights of the Upper House which we are determined as far as in us lyes to leave unviolated to our Successors.

For all which reasons and many other we could produce to shew the inconvenience of such a practice in this House We do hereby dissent from and protest against any Bill, clause of a Bill, or other matter whatsoever which shall pass this House, in consequence of such an uncommon proceeding.

Signed.
NATH: RICE
EDWd MOSELEY
ELEAZ: ALLEN
ROGER MOORE.

The Bill for prescribeing the method of proveing book debts &c. Read the second time & passed with Amendments.

-------------------- page 482 --------------------

The Bill for ascertaining the allowance of His Majestie's Councill &c. Read the first time and passed.

Mr Bartram & Mr Roberts, Brought up a Bill for erecting the Village called Newton in New Hanover County into a Town & Township by the name of Wilmington, and for regulating & ascertaining the Bounds thereof

In the Lower House Read the first time and passed.

The Fee Bill Read the first time and passed.

Mr Roberts and Mr Bartram Brought up the Bill for ascertaining the wages of his Majestie's Councill &c

In the Lower House Read the second time & passed.

Then the House adjourned until 3 o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath Rice Esqr Member.
The honble Math Rowan Esqr Member.
The honble Robt Halton Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Eleazer Allen Esqr Member.
The honble Roger Moore Esqr Member.
The honble James Murray Esqr Member.

The Bill appointing part of Bertie a Parish & County. Read the first time & passed with Amendments.

The Wilmington Bill Read the second time, and after some debate upon the same, the question was put whether it should pass.

For the Bill—The honble Wm Smith Esqre President Robt Halton Math: Rowan James Murray Esqrs Membrs

Against the Bill—Nath: Rice Eleaz: Allen Edwd Moseley Roger Moore Esqrs Membrs

Then Mr Smith President insisted on his having a Casting vote Notwithstanding the equality upon which the Bill passed.

Whereupon the following Members who protested against the passing the said Bill for the reasons given this day in the Case of the Treasurers Bill did protest again. Reserving to themselves, other reasons against passing the said Bill untill the third Reading of the same.

Then the House adjourned untill to morrow morning ten o' the clock.


Thursday the Twenty first. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath Rice Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Robt Halton Esqr Member.
The honble Roger Moor Esqr Member.
The honble Eleazer Allen Esqr Member.
The honble James Murray Esqr Member.
The honble Math: Rowan Esqr Member.

Mr Montgomery & Sir Richd Everard Brought up the following Message

-------------------- page 483 --------------------

May it please &c.

This House requests your Honours would be pleased to send down to the House the Commodity Bill which was sent to you the nineteenth instant.

The Commodity Bill Read the second time & passed.

The Militia Bill Read the second time & passed with Amendments.

Then the House adjourned untill three o' the clock in the afternoon.


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath: Rice Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Robt Halton Esqr Member.
The honble Roger Moor Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble James Murray Esqr Member.
The honble Math: Rowan Esqr Member.

Mr Sinclare & Mr Peyton Brought up the following Bills.

The Treasurers Bill

In the Lower House Read the third time & passed.

The Bill for building a Prison in Chowan

In the Lower House Read the second time and passed with Amendments.

In this House Read the second time & passed.

The Wilmington Bill

In the Lower House Read the second time and passed with Amendments.

The Bill for prescribeing the method of proveing Book debts.

In the Lower House Read the third time and passed with Amendments.

In this House Read the third time and passed.

On reading the Wilmington Bill in this House the second time, it was motion'd and the question put, whether Rufus Marsden & Joshua Grainger should be added to the Commrs for the Town of Wilmington, in the said Bill.

Against the Question—The honble William Smith Esqre Prest Robt Halton Math: Rowan James Murray

For the Question—Nath: Rice Eleaz: Allen Edwd Moseley Roger Moor.

Then the Votes being equal Mr Smith the eldest Councellor again insisted, that he had a casting vote upon the equality, upon which the Question was carry'd agst the Commissioners.

Then the Bill being Read, the question was put, whether the same should pass.

For the Bill, the same Members who voted for it the twentieth instant.

Against the Bill, those that voted against it the same time.

-------------------- page 484 --------------------

Whereupon Mr Smith again declared that he had the casting vote as before.

Upon which the Bill was carryed.

The Treasurer's Bill being Read the third time the Question was likewise put whether the same should pass. On which the same Members, who voted for the passing the said Bill on the twentieth Instant, again voted for it, and the other Members who voted against it at the same time, again voted against it.

Then the eldest Councillor Mr Smith again insisting on the decisive vote The Bill passed.

Then the gentlemen who voted against the passing the said two Bills, desired liberty again to Protest against them, and against the eldest Councellor's decisive vote for the reasons before set forth, on the twentieth instant, and to add such further matter as they think proper upon the third reading.

Then the House adjourned untill to morrow morning Ten o' the clock.


Fryday the Twenty second. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath: Rice Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Robt Halton Esqr Member.
The honble Roger Moor Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble James Murray Esqr Member.
The honble Math: Rowan Esqr Member.

Mr Montgomery & Mr Craven Brought up the following Bills.

The Commodity Bill

The Fee Bill

In the Lower House Read the second time & passed with Amendments.

A Bill for ascertaining the boundarys between Tyrrell and Beaufort County, and Edgcomb County.

In the Lower House Read the first time and passed.

The Edgcomb County Bill.

In the Lower House Read the second time & passed.

A Bill to exempt the Inhabitants of Bath Town from working on the Publick roads &c.

In the Lower House Read the first time & passed.

The Church Bill

In the Lower House Read the second time and passed with Amendments.

A Bill for the more effectual establishing a publick ferry from Bath Town to Core Point and for preventing any other Ferry within ten miles.

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In the Lower House Read the first time and passed.

A Bill for confirming the Town Lands of Edenton and better regulation thereof

In the Lower House Read the first time and passed.

The Commodity Bill Read the second time and rejected.

The Fee Bill Read and rejected.

The Edenton Town Land Bill Read the first time and passed.

The Bath Town Ferry Bill Read the first time and passed.

Mr Secretary Rice complained to the House that he had been acquainted, that John Hodgson Esqre Speaker of the House of Burgesses, had in a most indecent manner, in a publick room, called the Secretary Rice a damned rascal, and said, also he would cut of half the said Mr Rice's fees, and raise some others in the House of Burgesses.

Ordered that Afair be examined into to morrow morning.

The Tyrrell Boundary Bill

The Bath Town Road Bill Read the first time and passed.

Then the House adjourned until to morrow morning 10 o' the Clock.


Saturday the Twenty third. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Nath: Rice Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Robt Halton Esqr Member.
The honble Roger Moor Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble James Murray Esqr Member.
The honble Math: Rowan Esqr Member.

The Wilmington Bill Being Read the third time the Question was put whether the said Bill should pass.

For the Bill—The honble Wm Smith Esqre Prest, Robt Halton, Math: Rowan, James Murray

Against the Bill—The honble N. Rice, Edwd Moseley, E. Allen, Roger Moor

The votes being equal Mr Smith again insisted on his right of the casting vote, tho' himself made the equality. Upon which the Bill passed.

Then the four Members against the Bill, Protested as well against the power assumed by the eldest Councellor as the Bill—And desired leave until Monday to bring in their Protest thereto.

Mr Craven & Mr Walton Brought up the Bill for building a Prison in Chowan &c.

In the Lower House Read the third time & passed.

Then the House adjourned until Monday morning ten o' the clock.

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Monday the Twenty fifth. The House met according to Adjournment.
Present The honble William Smith Esqre President
The honble Eleaz: Allen Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Robt Halton Esqr Member.
The honble Roger Moor Esqr Member.
The honble Math: Rowan Esqr Member.
The honble James Murray Esqr Member.

Sir Richd Everard & Mr Swann Brought up the two following Messages.

May it please &c.

This House having Resolved that the several County Treasurers pay Burgesses wages, and all claims (as shall be approved of by both Houses,) out of the Pole tax, and Loan money by a warrant from his Excellency the Governor, to them or either of them directed.

To which we desire your Honrs Concurrance

May it please &c.

This House having Resolved to allow Edwd Moseley Esqre, Sir Richard Everard, Mr Samuel Swann, Mr John Swann Commissioners appointed by the last Assembly to revise the Laws of this Province, the sum of five hundred pounds for said service.

To which we desire your Honrs Concurrance.

Then Mr Allen produced to the House the Protest of himself and the other Members against the Wilmington Bill. Which was read in these words—vizt

First. Because the town of Brunswick was by one Act of Assembly of this Province passed the day of November 1729 made a Township, and had by virtue of that Law, a power to erect a Church, a Prison and Court House, and to hold the several Courts of the Precinct therein That from the encouragement of this Law, many People did undertake, to build and actually built, several good Houses, and made great improvements in and about the said Town some years before the Village of Newton was erected or so called from whence we conceive that should this Bill pass into a law it would be attended with great injustice, in as much as it deprives those persons of the fruits of their labour and expence, and may in time be brought into Precedent for the Demolition of this favourite Village, whenever it shall happen that another set of Gentlemen whose Interest lye much farther up the river, shall petition the Legislature for it, Nor can we conceive it at all agreeable to natural equity to divest the Inhabitants of the Town of any Privileges once granted by Law, without some failure or breach of that Law, on their part nothing of which kind has been so much as alledged against the Inhabitants of Brunswick.

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Secondly. Because the Lands in this Bill set apart for a Town, being the property of private persons, it does not appear by any authentick Instruments, that all the same are allotted for such a purpose, by the consent of the Owners which we think this House should be satisfied with before this Bill passes.

Thirdly. Because by this Bill the Custom House Officers, are under a certain Penalty, established at Newton, Notwithstanding the depth of water and other conveniences of navigation before Brunswick, are notoriously known to be superior to those of Newton, which we conceive to be not only contrary to the Orders, and intention of the honble the Commissioners of the Customs of London, but will subject the Trade of Cape Fear River already too much burthened, to still greater hardships and inconveniencies as it obliges every Master whose Vessell is of too large burthen, to pass the shoal to Newton, or who shall think it more convenient to trade below, to enter there, which many times in the year is rendered impracticable by bad weather within the time limited by Act of Parliament, in which case it is in the breast of the Officer to seize such Vessell, to condemn and confiscate her with all her Tackle, furniture and apparel, to his Majestie's use if a judge of the Admiralty, shall hereafter be found wicked enough to proceed on so slight grounds, and all this for not performing impossibilitys

Lastly. We conceive we should not act as faithfull servants to His Majesty should we consent to the passing this Bill. Because by establishing the Custom House Officers so far up the River the fairest opportunitys are given for breach of the Laws of Trade, by importing contraband goods or exporting Tobacco and other enumerated Commoditys to foreign Markets to the great detriment of his Majesties Revenue and discouragement of the fair Trader, an instance of whch we can produce, well attested, to which the Officers were (as now held) at Newton.

We likewise protest against the manner of passing this Bill, the first Councellor assumeing to himself a Power of a decisive Vote, on an equality of Members, he making such equality.

For the Reasons given the 19th Instant on passing the Bill for appointing a Treasurer.

Signed
NATH: RICE ELEAZ: ALLEN EDWd MOSELEY ROGER MOOR

Then the House adjourned untill three o' the clock in the afternoon

And met according to Adjournment Present as before

And adjourned untill to morrow morning ten o' the clock.

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Tuesday the Twenty sixth The House met according to Adjournment
Present The honble Wm Smith Esqre President
The honble Robt Halton Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble Roger Moor Esqr Member.
The honble Math: Rowan Esqr Member.
The honble Jas Murray Esqr Member.

The Bill for ascertaining the Burgesses wages.

Read the second time & passed with Amendments.

Mr Sinclare & Mr Bould, Brought up from the Lower House the following Messages—

May it please your Honrs

We have Resolved the several Lists of Jurymen herewith sent for the several Countys in this Province be added to the former List.

To which we desire your Honrs Concurrance.

Read & concurr'd with & sent down to the Lower House.

And that this Rule be observed untill next Assembly, and that the clerk of the Assembly do immediately enter the same Lists on the Journals, and deliver to Mr Chief Justice a copy of the same, to cause scrools [scrolls] to be made thereby, to be put into the Baleating Box.

May it please &c.

This House having Resolved that the several County Treasurers issue no more loan money on Interest, than what they have already let out and that the several County Treasurers collect the Pole Tax now due in the several Countys, as the Law directs.

To which we desire your Honrs Concurrance.

May it please your Honrs

This House Resolved that the moneys taken by the Officers for collecting the dutys on all Vessells coming into the several Ports and Rivers in this Province, according to their several draughts of water, shall be taken at four for one and all Officers who have taken any more shall refund the same, to the several Persons from whom it hath been taken.

To which we desire your Honrs Concurrance.

Mr Blount & Mr Walton brought up the Bill for ascertaining the Burgesses wages.

In the Lower House Read the third time & passed.

On reading the Bill for ascertaining the wages due to the Burgesses &c.

A Motion was made and the question put whether an Amendment should be made to the said Bill to allow the charges of ferryages to the several Members of Council and Assembly. Which was carryed in the Affirmative.

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Then it was further motioned and the question put, whether, one days wages be added to the Members of Tyrrell for comeing and going. And carryed in the Affirmative.

Then the House was pleased to send the following Message, in answer to the Message regarding the Burgesses wages &c.

Mr Speaker and Gentlemen,

On reading the Bill for ascertaining the Allowance of the Members of Council and Assembly in this House the third time we came to the following Resolution

That an Amendment be made to the said Bill by adding an Allowance for ferryages to the Members of Council & Assembly and that one day more be added to the wages of the Members of Tyrrell County for comeing and going.

To both which we desire your Concurrance—Before we put the Bill for passing in this House.

Mr John Starky & Jas Castellaw Brought up the following Message

May it please &c.

This House having ordered forty pounds to be paid to the Revd Mr Holmes for the several sermons preached by him before both Houses.

To which we desire your Concurrance

Read and concurred with.

Mr Montgomery & Mr Starky brought up the following Message with the Petition of divers Scotch men—vizt

This House having read the Petition of Dugald McNeal, and Col: McAlister in behalf of themselves, and others which Petition we herewith send you to which we refer. And have resolved to concurr with your Honours as far as lyes in our power to give such encouragement to the Petitioners as you shall think proper.

On reading the above Message the House took under their consideration the same and Ordered the said Petition to be read. Which accordingly was in these words.

To &c

The Petition of Dugald McNeal and Col: McAlister in behalf of themselves and several other Scotch Gentlemen and several poor People brought into this Province

Setting forth that they arrived into this Province in the month of September, with about three hundred and fifty people from Scotland to settle in this Province

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And if proper encouragement be given them, that they'l invite the rest of their friends & acquaintances over

And prays for such encouragement as they think proper.

The House on reading the above Petition came to the following Resolutions—vizt

Resolved that the Persons mentioned in the said Petition, shall be free from payment of any Publick or County tax for Ten years next ensueing their Arrival.

Resolved that towards their subsistance the sum of one thousand pounds be paid out of the Publick money, by his Excellency's warrant to be lodged with Duncan Campbell, Dugald McNeal, Daniel McNeal, Coll. McAlister and Neal McNeal Esqrs to be by them distributed among the several families in the said Petition mentioned.

Resolved that as an encouragement for Protestants to remove from Europe into this Province, to settle themselves in bodys or Townships, That all such as shall so remove into this Province, Provided they exceed forty persons in one body or Company, they shall be exempted from payment of any Publick or County tax for the space of Ten years, next ensueing their Arrival.

Resolved that an address be presented to his Excellency the Governor to desire him to use his Interest, in such manner, as he shall think most proper to obtain an Instruction for giveing encouragement to Protestants from foreign parts, to settle in Townships within this Province, to be set apart for that purpose after the manner, & with such priviledges and advantages, as is practised in South Carolina.

On Reading the Message from the Lower House, regarding their Resolve for allowance to the Commissioners for reviseing the Laws,

It was Resolved that they not having laid before this House for their opinion the said revised Laws, the House deferr'd the consideration thereof untill next Session of Assembly, when they upon the same being laid before them will take the same into their consideration.

Then the House adjourned untill 3 o' the Clock in the afternoon


Post Meridn The House met according to Adjournment.
Present The honble William Smith Esqre President.
The honble Nath : Rice Esqr Member
The honble Edwd Moseley Esqr Member
The honble Robt Halton Esqr Member
The honble Roger Moor Esqr Member
The honble Eleaz: Allen Esqr Member
The honble James Murray Esqr Member
The honble Math: Rowan Esqr Member

Mr Craven & Mr Lovick Brought up the two following Messages

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May it please &c.

In answer to your Message relating to the allowance of the Members of Council & Assembly &c. We concurr with your Amendments proposed, not including Servants and Servants horses.

May it please &c.

Pursuant to an Act of Assembly pass'd in March last, we have appointed the following Persons with Mr Speaker, to joyn Your House to value the Exchange of the Currency of this Province.

Mr Swann Mr Sumner Mr Jno Blount Mr Roberts Mr Alderson Mr Bartram Mr Dawson Mr Tho: Bryant Mr Smithick. who are to proceed on the same, when your Honours will be pleased to give them notice.

The House on Reading the Message regarding the allowance of wages due to his Majestie's Council &c. And Debateing the same The question was put whether the Amendment proposed by this House for having the ferrages of themselves their Servants and Horses be excluded or included.

Resolved that the ferrages of Servants and Horses &c be incerted in the said Bill.

Upon which the same was accordingly added and the following Message sent together with the Bill.

Mr Speaker &c.

We cannot receede from our Opinion that the ferrages of the Servants and Horses of the Members of Council and Assembly be added to the bill for allowance of his Majestie's Council and the Members of Assembly We have therefore incerted that Amendment, and pass'd the Bill thereon.

Then the House adjourned until to morrow morning 10 o' the Clock.


Wednesday the Twenty seventh The House met according to Adjournment
Present The honble William Smith Esqre President.
The honble Robt Halton Esqr Member.
The honble Edwd Moseley Esqr Member.
The honble Eleaz: Allen Esqr Member.
The honble Roger Moor Esqr Member.
The honble Math: Rowan Esqr Member.
The honble Jas Murray Esqr Member.

Mr Blackhall & Mr Swann, Brought up the two following Messages

May it please &c.

This House having Resolved that the Wages due to the Servants of both Houses and wages due to the Members of former Assemblys, be first paid out of the moneys in the hands of Sir Richard Everard.

To which we desire your Concurrance.

Concurr'd with and sent down.

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May it please &c.

This House has Resolved that the Indians ought to have liberty untill next Session of Assembly, to hunt on all People's Lands they keeping out of inclosures, and not burning the woods near any Persons Plantation and doing no damage to People's stocks and behaveing themselves Orderly.

To which we desire your Concurrance.

Concurr'd with and sent down.

Then the House thought fit to send the following Message vizt

Mr Speaker & Gentlemen,

We have received by Mr Swann the Report of the Committee of both Houses on the Claims allowed of by your House, and signed by the Speaker, As we cannot doubt but this Paper was sent up, for our Concurrance, We have upon Reading and considering the same and from the Report of Gentlemen of our House on that Committee thought proper to add four pounds to the Article of Richard Lovett, for stationary ware which makes the sum eighteen pounds.

To which we desire your Concurrance.

In the Lower House Concurr'd with.

Then his Excellency came to the House and was pleased to Order the immediate Attendance of the Lower House with such Bills as were engrossed.

Whereupon the Speaker attended by the House, came and presented to his Excellency the following Bills vizt

An Act prescribeing the method of paying Book debts.

An Act appointing a Treasurer

An Act erecting a Village in Newhannover County by the name of Wilmington.

An Act to ascertain the Allowance of his Majties Council.

To which his Excellency was pleased to assent.

Then his Excellency was pleased to Prorogue this Assembly to Edenton the second Tuesday in November next.