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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
July 31, 1740 - August 22, 1740
Volume 04, Pages 534-551

North Carolina—ss.

[Journal of the Upper House of Assembly beginning 31 July & ending 22 August 1740. The first portion is evidently wanting altho' the pages run in consecutive order in this volume.—W. N. S.]


Saturday the 2nd [August] The House met accord to Adjournment
Present
The Honourble Robert Halton Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Cullen Pollock Esqr Member
The Honourble James Murray Esqr Member
-------------------- page 535 --------------------

Then His Excellency was please to come to the House and Mr President read to him the Address of the Board in answer to his Speech for which his Excellcy was pleased to return his thanks

Then the House adjourned until Monday Morning, Ten of the Clock.


Monday the 4th The House met according to Adjournment
Present The Honble William Smith Esqre President.
The Honourable Mathew Rowan Esqr Member
The Honourable Cullen Pollock Esqr Member
The Honourable Edward Moseley Esqr Member
The Honourable James Murray Esqr Member

And adjourned until to-morrow morning, Ten of the Clock.


Tuesday the 5th The House met according to Adjournment
Present The Honble William Smith Esqre President.
The honble Mathw Rowan Esqr Member
The honble Edwd Moseley Esqr Member
The honble James Murray Esqr Member

And adjourned until to-morrow morning, Ten of the Clock.


Wednesday the 6th The House met according to Adjournment
Present The Honble William Smith Esqre President.
The Honble Nathl Rice Esqr Member
The Honble Edwd Moseley Esqr Member
The Honble Mathw Rowan Esqr Member
The Honble Cullen Pollock Esqr Member
The Honble James Murray Esqr Member

And adjourned until to-morrow morning, Ten of the Clock


Thursday the 7th The House met according to Adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Cullen Pollock Esqr Member
The Honourble James Murray Esqr Member

Mr Blount & Mr Craven brought up the two following Bills.

A Bill, for the better regulation of the Militia.

A Bill to Enable the Comrs therein mentioned to finish the Church at Edenton. In the Lower House, Read the first time & passed.

Then the House adjourned untill Ten of the Clock, in the morning


Fryday the 8th The House met according to Adjournment.
Present The honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Cullen Pollock Esqr Member
The Honourble James Murray Esqr Member

The Bill for finishing the Church at Edenton

The Bill for regulating the Milita. Read and passed with Amendment.

Then the House adjourned until to-morrow morning Ten of the Clock

-------------------- page 536 --------------------

Saturday the 9th The House met according to Adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Cullen Pollock Esqr Member
The Honourble James Murray Esqr Member

And adjourned until Monday morning, Ten of the Clock.


Monday the 11th The House met according to Adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Cullen Pollock Esqr Member
The Honourble James Murray Esqr Member

Mr Craven & Mr Blount Brought up the two following Bills, Vizt

The Bill for finishing the Church at Edenton. In the Lower House Read the second time and passed with Amendments.

A Bill for granting an Aid to His Majesty, & to defray the Expenses of Transporting the several Troops inlisted in His Majesties service in this Colony, & to ascertain the method of paying all Taxes & Levys in Commoditys, & for other purposes therein mentioned. In the Lower House Read the first time and passed.

Mr Roberts & Mr Bould. Brought up the following Bills, Vizt

A Bill to Exempt the Inhabitants of Bath Town from working on the Publick Roads, & to oblige the said Inhabitants to clear & keep clear the Streets of the said Town, in good Order.

A Bill to enable the Commissioners therein appointed, to Erect & finish a Church at Newbern in Craven County and for the better Regulation of the said Town, and other purposes therein mentioned.

A Bill for the Effectual Establishing a Ferry from Bath Town, and for preventing any Ferry, within Ten Miles of said Town, & other purposes therein mentioned. In the Lower House. Read said Bills, the first time and passed.

Then the House adjourned till Three of the Clock, in the afternoon

Post Meridn The House met according to Adjournment.

Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Cullen Pollock Esqr Member
The Honourble James Murray Esqr Member

And Adjourned until to-morrow morning, Ten of the Clock.


Tuesday the 12th The House met according to adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble James Murray Esqr Member
-------------------- page 537 --------------------

The Bill for finishing the Church at Edenton Read the second time & passed.

The Bath Town Bill, & the Bath Town Ferry Bill.

The Bill for a Church at Newbern.

The Bill for granting an Aid to his Majesty. Read the first time and passed.

Then the House Adjourned until Three of the Clock in the Afternoon.

Post Meridian. The House met according to Adjournment.

Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member
The Honourble Mathw Rowan Esqr Member
The Honourble Robt Halton Esqr Member
The Honourble Edwd Moseley Esqr Member
The Honourble James Murray Esqr Member

Mr Chief Justice Smith complained to the House of a Libel, fixed at the door of the Genll Court House of this Province, and other places in the Town of Edenton with the name of Archibald Hamilton subscribed thereto. Which as he apprehended, much Reflected upon his Conduct and Character as Chief Justice, & desired that the same might be read. Which accordingly was Read in these Words.

North Carolina—ss.

Whereas it hath been industriously Reported, & handed about in divers Places, & many Companys without any just Foundation, that Daniel Hamer Esqre did under his hand, in a Petition by him signed, & directed to the Honble William Smith Esqre Chief Justice of this Province, Confess himself guilty of Perjury, Now as I have been the Spring of that affair, in order to do Mr Hamer that Justice which is due to him, I do hereby certify that I did advise Mr Hammer to Petition the Chief Justice to respite the sentance given against him for perjury, and that I did immediately draw a Petition in great haste and carry it to Mr Hanmer, then in prison, and persuaded him to sign it, telling him that he had no other way to save himself from the ignominy of the Pillory, and that by gaining a little time to lay the whole affair before the Governour he might have that Judgment reversed, which was in my opinion altogether Illegal, the Indictment being manifestly Erroneous and the Tryal contrary to a positive Law of this Province, then and now in force; And I do further Certify that I did not intend any Confession of Perjury, but only a General Confession of Sins, and a hearty concern for being thought Guilty of any Crimes, without coming to any particulars. And that if there is any other, it was occasioned through haste and inadvertance, and also that I do believe, that Mr Hanmer had not time to read over the Petition before he signed it, This I am ready to prove

-------------------- page 538 --------------------
upon Oath when called to it. In Witness whereof I have put my Hand this Twentieth day of May, Anno Domini, One Thousand seven hundred and forty.

And the said Chief Justice, also produced a Petition of the said Daniel Hanmer's to which the said papers referred, Vizt

The Humble Petition of Daniel Hanmers Humbly Sheweth,

That your Petitioner to his great grief & sorrow being convicted of a very heinous Crime, is sentenced to a very ignominious Punishment.

That your Petitioner hath large Dealings in this Province, and that if the Sentance is carryed to Execution your Petitioner & his family will be for ever ruined.

But your Petitioner hath much greater sorrow that he should be found guilty of an offence so great in the sight of God; and so detestable among Men than for all the ruin that will fall on him for which Crime, he shall always have a True and sincere Repentance.

Your Petitioner therefore throws himself at your Honour's feet, and trusting to your great Clemency, implores your Honour's compassion, and begs that your Honour will remit the ignominious part of the sentance, or at least suspend it, until his Excellencys pleasure is known, from whom he intends, if your Honour will be so kind and good to suffer it to Implore a Pardon.

And your humble Petitioner as in duty bound, shall ever pray

Sign'd
DANl HANMER.

Which Petition was also Read.

Then Mr Chief Justice moved that the House might take the same under their Consideration, and then withdrew. Which the House accordingly did, and after some debate thereon, was pleased to come to the following Resolution Vizt

Resolved by this House, that the before mentioned Advertisement is false, scandalous, malitious & seditious Libel, and tending to the subvertion of the General Court of this Province.

A Bill to Enable the Commissioners therein named, to build a Bridge over Livingstons Creek between New Hanover & Bladen Countys. Read the first time & Passed.

Mr Farris & Mr Bartrame Brought up the Bill for Regulation of the Militia. In the Lower House read the second time, & passed. In this House read the second time, & passed.

Mr Craven & Mr Blount Brought up the Bill for finishing the Church at Edenton. In the Lower House read the third time & passed.

The Bath Town Bill

The Bill to Erect & finish a Church at Newbern.

-------------------- page 539 --------------------

In the Lower House read said Bills the second time & passed.

In this House read the Bath Town Bill the second time & passed.

Then the House Adjourned, untill to-morrow morning, Ten of the Clock.


Wednesday the 13th. The House met according to Adjournment.
Present the Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

Mr Chief Justice again moved the House, that the Advertisement read yesterday, as he conceived much reflected upon his Character & Conduct as Chief Justice of this Province. And desired that the House would be pleased to further consider the thing, & give their Opinion thereon. And then withdrew. Which the House took under their Consideration, and then made the following Resolve. Vizt

Resolved by this House that the said Mr Chief Justice Smith has behaved with great Honour, Integrity & Capacity in his Office as Chief Justice, during the Time he has acted in the same in this Province.

And that the said Advertisement is false, scandalous & malitious Libel, and tending to the subvertion of the General Court and Government in General.

The Bill for finishing the Church at Edenton. Read the Third time & passed: And ordered to be Engrossed.

Mr Castelaw & Mr Smithwick Brought up the following Bills, Vizt

The Bill for granting his Majesty an Aid In the Lower House read the second time & passed with Amendmts

A Bill for an Act to Enable the Justices of Tyrel County to build a Warehouse in Tyrrel County upon Scuppernong River for Receipt of His Matys Quit Rents. In the Lower House Read the first time & passed.

A Bill to Enable the Parish of St Andrews in Tyrrel County, & the South West of Pasquotank County to elect Vestrys. In the Lower House Read the first time & passed.

Mr Peyton & Mr Rigby Brought up the Bath Town Ferry Bill. In the Lower House Read the second time & passed with Amendts

Mr Bartram & Mr Starky Brought up the following Bills, Vizt

A Bill for amending an Act, for settling the bounds of Lands & to Dock the Entails of small parcells of Lands, & for preventing shooting & hunting in other Persons Lands.

The Bill for building a Bridge over Livingston's Creek.

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

-------------------- page 540 --------------------

Then, the House Adjourned until to-morrow morning, Ten of the Clock.


Thursday the 14th. The House met according to Adjournment.
Present the Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

“The Bill for settling the Bounds of Lands” etc. Read the first time & passed with Amendments.

“The Bill for Building a Bridge over Livingston's Creek.” Read the second time & passed with Amendments.

“The Bath Town Ferry Bill.”

“The Bill to Enable the Parish of St Andrews to Elect Vestrys.”

“The Bill for building a Warehouse upon Scuppernong.”

Read said Bills the first time & passed.

Mr Bartram & Mr Farris Brought up the following Bills, Vizt

A Bill to appoint able & skilful Clerks for the several County Courts within this Government, & for the better securing & keeping the Records of the same. In the Lower House Read the first time & passed.

The Bill to Enable the Parish of St Andrews in Tyrrel County to Elect Vestrys. In the Lower House, Read the second time & passed.

A Bill for the further and better Regulation of the Town of Wilmington in New Hanover County, & to Establish the Church of the Parish of St James in the said Town. In the Lower House, Read the first time & passed.

The Bill for building a Bridge over Levingston's Creek. In the Lower House, Read the second time & passed.

In this House Read the Bath Town Ferry Bill the second time & passed with Amendments.

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

Post Meridian. The House met according to Adjournment.

Present the Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

The Newbern Church Bill Read the second time & passed with Amendments.

The Wilmington Bill Read the first time & passed.

Mr Farris & Mr Bartram Brought up the Bill for Building a Warehouse upon Scuppernong. In the Lower House read the second time & passed.

-------------------- page 541 --------------------

Mr Farris & Mr Bartram Brought up the Newbern Church Bill. In the Lower House, read the third time and passed.

Then the House Adjourned until to-morrow morning, Ten of the Clock.


Fryday the 15th. The House met according to Adjournment.
Present
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

The Bill appointing Skilful Clerks. Read the first time & passed. Mr Craven & Mr Blackhale Brought up the two following Bills, Vizt

A Bill for to Establish John Hodgson Esqre Treasurer of the County therein mentioned. In the Lower House read the first time & passed.

The Wilmington Bill. In the Lower House read the second time & passed with Amendments.

Mr Peyton & Mr Craven Brought up the Clerks Bill. In the Lower House read the second time, & passed with Amendments.

Mr Craven & Mr Blackhale Brought up the Bath Town Bill. In the Lower House read the third time & passed with Amendments

The Bill for granting his Majesty an Aid. Read the second time & passed with Amendments.

The Newbern Church Bill Read the third time and passed, Ordered to be Engrossed

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

Post Meridian. The House met according to Adjournment.

Present the Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

The Bill for building a Bridge over Livingston's Creek. Read the third time & passed, Ordered to be Engrossed.

“The Wilmington Bill” Read the second time & passed.

“The Treasures Bill” Read the first time & passed.

“The Bath Town Bill” Read the third time & passed & Ordered to be Engrossed.

Then the House adjourned untill to-morrow morning, Ten of the Clock.


Saturday the 16th The House met according to Adjournment.
Present the Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.
-------------------- page 542 --------------------

The Bill for building a Warehouse upon Scuppernong. Read the second time & passed with Amendments.

The Bill for the Parish of St Andrews to Elect Vestrys. Read the second time & passed.

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

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

Post Meridian The House met according to Adjournment.

Present the Honble William Smith Esqre President.
The Honourble Robt Halton Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

Mr Farris & Mr Bould. Brought up the following Bills, Vizt

The Bath Town Ferry Bill.

The Wilmington Bill.

In the Lower House read the third time & passed. In this House read the third time & passed. Ordered to be Engrossed.

“The Treasurers Bill.” In the Lower House read the second time & passed. In this House, read the second time & passed.

“The Bill to Enable the Parish of St Andrews to Erect Vestrys.” In the Lower House, read the third time & passed.

“A Bill for an Additional Act to an Act Entituled An Act for providing his Majesty a Rent Role, & for securing his Majestys Rents, & for quieting the Inhabitants in their possession, & for the better Settlement of His Majesty's Province of North Carolina. In the Lower House, read the first time & passed.

Mr Craven & Mr Benbury Brought up a Bill to prevent mischiefs, and Ill Consequences which may arise by slaves unlawfully assembling, and also to prevent Slaves from running away, or assembling themselves in the night time from their Owners Plantations, or Quarters, & for other purposes therein mentioned. In the Lower House, read the first time & passed.

Mr Craven & Mr Blackhall. Brought up a Bill to Confirm the Titles to the Town Lands of Edenton, for securing the Priviledges heretofore granted to the said Town, and for further Encouragement, and better Regulation thereof. In the Lower House read the first time & passed.

Mr Lee & Mr Peyton. Brought up a Bill to Enable the Justices to build a Warehouse upon Scuppernong. In the Lower House, read the third time & passed.

Mr Craven & Mr Blackhall Brought up the Bill for Granting an Aid to His Majesty. In the Lower House read the third time & passed.

Mr Lee & Mr Peyton Brought up the Levingston Creek Bill. In the Lower House read the third time & passed. Ordered to be Engrossed.

-------------------- page 543 --------------------

Mr Peyton & Mr Benbury Brought up the Clerks Bill. In the Lower House, read the third time & passed.

Then the House Adjourned until Monday Morning, Ten of the Clock.


Monday the 18th. The House met according to adjournment.
Present the Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble James Murray. Esqr Member.

The Clerks Bill being read the third time Mr Rice, one of the Members of this Board produced to the House the following Objections, to the passing the said Bill which he desired might be read.

Which accordingly were read in these words, Vizt

Reasons & Objections offered by Nathaniel Rice Esqre Secretary of North Carolina, against the passing of a Bill intituled A Bill for an Act to appoint able & Skilful Clerks for the several County Courts within this Government, and for the better securing, and safe keeping the Records of the same.

That the Nomination of the Prect or County Clerks seems to be inherent to, & is a priviledge and appendage of the Secretarys Office, as he is inform'd in all Governments where there are Precincts or Countys, having Courts of Judicature, and that where it has been contested, it has always been given in favour of the Secretary.

That, he has always put in for Clerks, the fittest persons he could find, nor has any complaint been made to him of their unfitness, save in one place, and upon Mr Tart a Member of the Lower House his Representing it to him a new Commission was Ordered for that Clerkship immediately.

And whoever has the superintendency or Appointment can do no more than supply what is wanting, or recktify what is amiss upon Information which had he ever refused to do there might indeed have been some colour, for the present proceedings.

But so far from that upon a mere surmise & Loose report without any formal complaint being preferred, that some County Clerks were negligent of their Duty in one particular, he issued circular Letters to the Chairmen of the several County Courts, recommending to them to have a strict eye upon the Clerks, that they do their Duty, and desiring to know when they fail'd therein that such order might be taken in Relation to such Clerks as be found requisite to redress any Grievances complained of.

-------------------- page 544 --------------------

That, the Appointment of the Precinct now County Clerks by the Secretary, is of constant & uncontrolled prescription in this Province, from the very infancy of the Colony.

That he never could learn any Inconvenience to have resulted from Clerks holding more than one Clerkship, those persons who have done, One having been Deputy to the Secretary of this Province for seventeen years past, & the other several Years, & at this time Clerk of the General Court, both persons it may be supposed well versed in Forensical Affairs, & who have taken care, so to instruct their Substitutes, that the business of their Respective Courts have not at any time suffered by the absence of the Principal or Constituant, who by the way have generally officiated at the Courts in Person. Nor till now did he the Secretary ever know such Plurality to have been made a subject of Complaint.

That the Customary consideration & acknowledgement taken by the Secretary for the said Clerkships is so inconsiderable, as not to be worth mentioning, barely taking so far from being a Means or Occasion of the Clerks taking Exorbitant Fees, the Sum in each County at a Medium from the time of his arrival in the Province, not exceeding what used to be taken by his Predecessors. Notwithstanding the great increase of Business in those offices of late Years, And that if exorbitant Fees have been taken by any of them, it has not been by or with his Encouragement or Connivance.

That however in regard some of the Clerks assisted him, in carrying on the publick Business at the several places, where the same has been from time to time transacted; the depriving of the priviledge of appointing such Clerks, does in Effect render his Office of very little value, since now he must hire Clerks for those services at least in two places of the Government, which the incomes of his Post will by no means bear or afford, from which Consideration alone, the great hardships and injustice of this Bill will appear in a strong Light for as much as there is no Provision by way of Equivalent or Compensation as is usual in such Cases; & which was observed in the Case of the late Marshall when an Act was passed to take away his office.

Signed.
NATHl RICE.

Then the question being put whether the said Bill should pass the third time, And carried in the Affirmative.

Then Mr Secretary Rice & Edward Moseley Esqrs protested against passing the said Bill, for the reasons in the Protest set forth, which they desired might be read, and Accordingly the same was read, In the words Following, Vizt

-------------------- page 545 --------------------

The Protest of Nathl Rice & Edwd Moseley Esqrs, Two of the Members of His Majesties Council, against passing the Bill for an Act to appoint able & skilful Clerks for the several County Courts within this Government, and for the better securing & safe keeping of the Records of the Same:

First. For that the Nomination of the Precinct or County Clerks, has always appertained to the Secretary, from the first Settlement of the Colony.

Secondly That it doth not appear that one single Proof hath been Exhibited of any Complaint being ever made to the Secretary of the unskilfulness or mismanagement of any Clerk, by him appointed.

Thirdly That it doth not appear that the Secretary hath taken more from his Clerks, one with another than was accustomly taken by all his Predecessors.

Fourthly For that no Consideration is given to the Secretary by way of equivalent for the loss of so great a Branch of his Office, as is usually observed in such Cases, & very lately, in the Case of the Marshall's Office.

Fifthly Were this Branch of his Office to be taken from him, in our Opinion, it ought to be given to the Justices of the County Courts, agreable to the Constitution of our Mother Country, where the Sheriffs, who are Judges of the County Courts, appoint the Clerk of the County.

Sixthly The Precaution used in this Bill to prevent Clerks from being hereafter Chosen Representatives in Assembly in Order to prevent a Dependancy, seems not to be worded so as to avoid the intended evil, for why ought the future Clerks to be excluded from sitting any more than the present Members of Assembly, who have left room for themselves to enjoy those Offices, and in our Opinion they ought to leave, as fair Room for their Successors.

Seventhly This Bill being of an unusual & extraordinary Nature and Importance, ought not to pass according to the Royal Instructions, without a Clause therein incerted, suspending and deferring the Execution thereof, until the Royal Pleasure shall be known concerning the same, with the greatest Reason, it ought to be so in this Case, no care being taken to Recompence him for the loss he shall sustain, during the time he shall, by this Act, be divested of that Branch of his Office, in case His Majesty shall not approve thereof. Signed,

NATHl RICE,
EDWd MOSELEY.

Ordered that the said Bill be sent down to the Lower House to be Engrossed.

-------------------- page 546 --------------------

“The Bill to Confirm the Titles, to the Town Lands of Edenton.” Read the first time & passed.

“The Slave Bill.” Read the first time & passed.

Mr Bould & Mr Sinclare Brought up The Treasurer's Bill. In the Lower House, Read the Third time & passed. In this House Read the Third time & passed. Ordered to be Engrossed.

“The Bill for Building a Warehouse at Scuppernong.”

“The Bill to enable the Parish of St Andrews to Elect Vestrys.” Read said Bills the Third time & passed. Ordered to be Engrossed.

Then the House adjourned until to-morrow morning, Ten of the Clock


Tuesday the 19th The House met according to Adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble James Murray. Esqr Member.

“The Additional Quit Rent Bill.” Read, & ordered to Lye upon the Table.

Upon reading the Bill for granting His Majesty an Aid etc, the Third time, the House took the same under their Consideration, and made the several Alterations, as in the following Message, Vizt

Mr Speaker & Gentn

Upon reading the Third time, the Bill for an Act for granting an Aid to His Majesty etc, We have made the following Amendments. To which Wee desire Your Concurrence.

Page 2nd. Rice per. Hundd Seven Shillings and Sixpence procln Money . . . . for that part of the Province only, heretofore known by the Name of Bath County.

2nd. Pork in good tight Barrells, at One Pound seven shillings, like Money per bble.

8th. And in that Case the Justices granting such Warrts and the officer executing it shall not charge the Inspector any cost.

11th. Hogshead of Tobacco, containing at least seven hundred weight.

15th. Debts due by Judgment, or against whom Execution shall issue for any Debt or Debts hereafter to be contracted, only he shall carry the Commodities to a Publick Warehouse in the County where such Debtor has contracted such Debts.

Which was sent to the Lower House for their Concurrence.

Mr Craven & Mr Blackhall Brought up the following Bills, Vizt “The Slave Bill.”

-------------------- page 547 --------------------

“The Bill to confirm the Titles to the Town Lands of Edenton.”

In the Lower House read said Bills the second time, and passed with Amendments.

Then the House adjourned until Three of the Clock in the afternoon.

Post Meridian. The House met according to Adjournment.

Present The Honble William Smith Esqre President.

Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

Then the House again took the Subsidy Bill under their Consideration, and after some Debate thereon, it was put to the Vote whether the said Bill should pass upon the several Amendments made in the morning. Upon which the Bill was carried in the Affirmative. And ordered to be sent down to the Lower House, for their Concurrence, with the foregoing Message, which was accordingly done.

“The Bill for confirming the Edenton Lands.” Read the second time and passed with Amendments.

Then the House adjourned untill to-morrow morning, Ten of the Clock.


Wednesday the 20th The House met according to Adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

Mr Farris & Mr Caroon Brought up the following Message, Vizt

May it Please your Honrs

This House having considered the Amendmts made by you in the Bill for Granting an Aid to His Majesty cannot concur to these Amendments following, Vizt

First. To lesson the rate of the Rice to the price of 7s 6d, and that the same be taken only in Bath County.

Secondly. To lessen the price of Pork 27s per Barrll nor to raise the Weight of a Hogshead of Tobacco from 500 to 700.

Upon which Articles this House desires a Conference, and that you will appoint the time.

The House on reading the above Message was pleased to send the following Answer Vizt

Mr Speaker & Gentn

In Answer to your Message relating to the Amendments in the Subsidy Bill, this House does assent to the Conference & is ready to receive your House immediately.

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Mr Craven & Mr Blackhall Brought up the Bill for confirming the Edenton Lands. In the Lower House read the Third time & passed with Amendments.

Mr Speaker attended by the House, waited upon this House in the Council Chamber to confer upon the Articles of Amendments recited in the foregoing last mentioned Message, and after some time spent in debate withdrew to their House again.

Mr Montgomery & Mr Starkey Brought up the following Message Vizt

May it please your Honrs

This House upon debating the Matters on the three Articles in Conference with you, come to the following Resolutions.

First. That Pork be incerted in the Bill at Thirty Shillings, but pickled, instead of Dry salted.

Secondly. That Rice be incerted at 8s 4d, but shall extend to all parts of this Province.

Thirdly. That to the Article of Tobacco contained in a Hogshead, this House concurs.

To the foregoing Two Articles, this House desires your Honrs Concurrence. And also that it may be incerted that Beef be pickled.

To which this House was pleased to send the following answer Vizt

Mr Speaker & Gentn

In answer to your Message desiring our Concurrance with some Resolutions of your House since the Conference, Wee must inform you have proceeded upon a mistake, for it is the opinion of this House, that since the Conferrence was after the third reading of the Bill in both Houses, Wee could only in that Conference give our reasons for making the Amendments but cannot consistant with the Rules of Parliament recede from any of these Amendments.

The Bill for confirming the Edenton Lands etc. Read the third time & passed. Ordered to be Engrossed.

Then the House Adjourned until to-morrow morning, Ten of the Clock.


Thursday the 21st
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Cullen Pollock Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble James Murray. Esqr Member.

Mr Blackhall & Mr Craven brought up the following Message. Vizt

This House having taken into Consideration the Matters in Conference in the Bill for granting an Aid to his Majesty etc. Resolved to concurr with your Amendments.

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To which this House was pleased to send the following Answer.

Mr Speaker & Gentn

As you have concurred with our Amendments made in the Bill, for granting an Aid to His Majesty. This House desires the same to be Engrossed.

Mr Castelaw & Mr Starky brought up the following Message, Vizt

May it please your Honrs

This House taking into Consideration the Letter from the society for propogating the Gospel in foreign Parts, recommending Mr Garzia to have free Passage over the Rivers within his Mission, have Resolved, that all Missionaries within this Province, pass free from paying any Money, for their Ferrage over the Rivers within their respective Missions, And that the several Persons who keep such Ferrys, shall have a claim on and be paid by the Publick for such service. To which Wee desire your Honrs Concurrence.

On reading the aforesaid Message the House concurred with the same, the Ferry Man producing a Certificate.

Then His Excellency came to the House, & sent a Mandate to the Lower House Ordering their immediate attendance, with such Bills as were ready. Whereupon the Lower House in full body waited upon His Excellency and this House in the Council Chamber, & presented to His Excellency the following Bills. Vizt

“The Edenton Church Bill.”

“The Parish of St Andrews electing Vestrymen.”

“The Bill for building a Warehouse on Scuppernong,” etc.

“The Bath Town Road Bill.”

“The Newbern Church Bill.”

“The Bath Town Ferry Bill.”

“The Clerks Bill.”

“The Wilmington Bill.”

“The Treasurers Bill.”

“The Edenton Town Land Bill.”

“The Lexington's Bridge Bill.”

To which His Excellency was pleased to give His Assent. And then left the House.

Then the Speaker, Attended by the Lower House, withdrew to their House

Then the House Adjourned untill Three of the Clock in the afternoon.

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Post Meridian The House met according to Adjournment.

Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Math Rowan Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble James Murray. Esqr Member.

Mr Blackhall & Mr Craven Brought up the following Message, Vizt

May it please your Honrs

This House having resolved that Mr Craven lay out a sum not Exceeding One hundred Pounds, for repairing the Council Chamber at Edenton, against next Session of Assembly, and that he be refunded by the Publick. to which we desire your Honrs Concurrence.

Concurred with by this House, & sent down to the Lower House.

Mr Farris & Mr Peyton, Brought up the Militia Bill. In the Lower House, read the Third time & passed. In this House read the Third time & passed. Ordered to be Engrossed.

Then the House Adjourned until to-morrow morning, Ten of the Clock.


Fryday the 22nd The House met according to Adjournment.
Present The Honble William Smith Esqre President.
The Honourble Nathl Rice Esqr Member.
The Honourble Mathw Rowan Esqr Member.
The Honourble Robt Halton Esqr Member.
The Honourble Edwd Moseley Esqr Member.
The Honourble James Murray. Esqr Member.

Then His Excellency came to the House, and was pleased to Command the Immediate Attendance of the Lower House. With such Bills as were ready.

Whereupon the Speaker, Attended by the Lower House, waited upon His Excellency in the Council Chamber. And presented to His Excellency the following Bills. Vizt

“The Bill for granting his Majesty an Aid.

“The Militia Bill

To which His Excellency assented.

Then His Excellency was pleased to make the following Speech to Both Houses.

Gentlemen of His Majestys Council Mr Speaker & Gentlemen of the House of Burgesses.

I cannot put an End to this session, without expressing the highest satisfaction with the many great & Eminent Services, you have done your King & County, during this time of your sitting the Laws you have passed, whether Publick or of a more private Nature, are such as will convince the People you Represent how much you had their Interest,

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and the Publick good at heart, And they are more in number, than ever were made by any Assembly in this Colony before.

It was a great pleasure to me at the beginning of your Meeting to observe you so unanimous in your Resolutions to assist His Majesty to do himself & his injured Subjects justice, against an insolent and barbarous Enemy, and if you had not been able to execute these Resolutions by reason of your different opinions as to the manner of doing it, I should have imputed this misfortune to any other Cause, rather than your want of Loyalty & Regard to His Majesty.

You have now given evident Proof of your unfeigned zeal, for His Majestys Service, and considering the Circumstances of the Country, contributed as Liberally as any of our Neighbouring Colonys the Funds you have granted are indeed rather too remote to answer the immediate and pressing Demands for Embarking the Troops, but as there was no possibility of avoiding this, as the affair of the Province stand at present, so I must do you the Justice to take Notice that nothing has been wanting on your parts, to prevent the bad Consequences that may arise from it.

I shall take care to Represent in the proper place with what cheerfulness and willingness you have complyed with His Majestys Demands, and how much his Subjects in this Province deserve his Countenance and Protection and I shall be particularly carefull, that what Taxes you have now laid on shall be prudently & frugally managed, and what saving can be made after paying the service of the intended Expedition, shall be fairly accounted for, and left entirely at your Disposalls.

Gentlemen of the House of Burgesses.

The Method you have prescribed this Sessions, for paying Publick Levys by the produce of the Country, will I hope very much quiet the minds of the People, and be attended with all the other good Effects you intend from it. I heartily wish it may lay a lasting foundation for the publick Peace & Tranquility, and made the necessary Charges of Government easy to the People.

I flatter myself I shall have the pleasure of meeting yon in the same happy Temper and Disposition next Spring, and against that time you will think of some proper and effectual means of Revising & Reforming your Laws and getting them printed which is absolutely necessary for the Security of your Liberties & Properties.

GAB: JOHNSTON.

Then His Excellency was pleased to prorogue this Assembly, to the last Tuesday in February next.