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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
July 31, 1740 - August 22, 1740
Volume 04, Pages 552-575

-------------------- page 552 --------------------
North Carolina—ss.

At an Assembly begun & held at New Bern the fifth day of Febry Anno Domini One thousand seven Hundred & thirty nine in the fourteenth year of the reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King &c. and from thence continued by prorogation to the second Tuesday in November one thousand seven Hundred and forty (at Edenton the thirty first day of July Anno Domini one thousand seven Hundred and forty) being the second Session of this present Assembly.

Thirty five Members appeared and took the Oaths by law appointed

Pursuant to a Writt to the Sheriff of New Hanover County directed Commanding the sd Sheriff to summon the freeholders of Wilmington to elect and choose a person qualified to sit and vote in the Genll Assembly of this Province

Returned Wm Farris Esqre duly chosen a Representative for the sd Town.

The sd Wm. Farris appeared & took the Oaths by law appointed for his qualification & subscribed the test & took his seat in the House accordingly

Received a Message from his Excelcy the Governour commanding the immediate attendance of this House

The House in a full body waited upon His Excellency the Govr pursuant to the sd Message when his Excellency was pleased to make the following Speech

Gentn of His Majesty's Council Mr Speaker & Gentn of the House of Burgesses

I have summoned you to meet in Assembly before the time of your last prorogation is expired in order to lay before you some Instructions I have lately received from the King the Execution of which will admit of no delay—What his Majesty asks and expects from his Loyal and Faithfull subjects of this Province is so evidently just and reasonable in itself so visibly calculated for the advantage of all the American Colonies and demanded in so Gracious and condecending a manner that I cannot make the least doubt of your ready and cheerfull complyance.

In so critical a Juncture as this when the true and real foundation of the War is the Cruel and Insolent Interuption of the Navigation and Commerce betwixt his Majestys Subjects in America and Great Britain when the Honour and dignity of his Crown is so openly insulted and your Neighbouring Colonies have unasked raised much larger supplies than are now proposed to you, I am confident that your Conduct on this

-------------------- page 553 --------------------
occasion will convince the World how ready you are to assert the Honour of the English name and to revenge the cruel and horrid usuage your Fellow subjects have met with from a Barbarous and Insolent Enemy. I shall therefore content myself with barely laying before you what assistance his Majesty [expects] from you at this time and shall not recommend affairs of a different nature to your consideration at a season when it is impossible your session can last long. Only I must once more remind you that it is high time this Province had a good Militia when the war is brought to our very door.

GAB: JOHNSTON.

Then his Excellency was pleased to order the following Instructions from his Majesty to be laid before this House (vizt)

Part of the first Instruction.

We have also determined to raise a body of Troops in our Colonies on the Continent of North America to joyn those to be sent from hence at a particular rendezvous which will be appointed for that purpose and to Act in conjunction with them under the Command of our said General in such dispositions as shall be made for our Service and althō we have not thought fit to fix any particular Quota for our province of North Carolina under your Government because we could not set Bounds to their zeal for our service yet considering the Great Number of Inhabitants in our said Province and that they have of late years been very much increased we doubt not in the least but they will exert themselves upon this occasion as far as the circumstances of the Colony will allow being assured they cannot render a more acceptable service to us and to their Mother Country nor do anything more essential for their own Interest.

Article 8th But we trust and expect that our Assembly of North Carolina will provide Victuals transports and all other necessarys for the troops to be raised in our province except their Cloaths, Tents, arms amunition and pay till their arrival at the General Rendezvous in the West Indies from which time the said Transports shall enter into our pay and you are hereby directed without loss of time to recomend to the said Assembly in our name to make such provision that the Expedition may not be retarded for want thereof.

Article 12th We depend upon your punctual Complyance with these our Instructions we recomend the several matters therein contained to you our Governour to our Council to our Assembly and to all other our good subjects in North Carolina so far as may concern them respectively and we do expect that you should by the first and every occasion that

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may offer send us a full and clear account of your proceedings therein by letters to one of our Secretarys of State.

Signed
GAB: JOHNSTON.

Then the House returned and the aforesaid Speech and Instruction were read by the Clerk before the House.

Ordered That John Montgomery Esqre Mr Farris Mr Starkey, Mr Hunter and Mr Scarborough draw an address to his Excellency in answer to the foregoing Speech.

Mr Montgomery and Mr Craven went to the upper House and acquainted them it was the desire of this House that they would be pleased to send two of their Members to this House to qualify the Member newly chosen for Wilmington and those Members who now appear and were not before qualified.

Then appeared Mr George Power Mr Willm Kenneday Mr Stevens Lee and Mr Caleb Sawyer and took the Oaths by Law appointed for their Qualification and took their seats in the House accordingly.

The Motion was made and the Question was put whether Peter Young or John Dayly be appointed Messenger to this House this present Session which was carried in favour of John Dayly and he was appointed and qualified accordingly.

The Motion was made and the Question was put whether Laws Predy or Thomas Callaway be appointed doorkeeper to this House this present session and carried in favour of Thomas Callaway and he was accordingly appointed and qualified.

Mr Speaker acquainted this House it was necessary this House should send to his Excellency desireing he would be pleased to communicate to this House the Original Instructions signed by his Majesty and other Letters referred to in his Excellency's Speech.

Sent the following Message to his Excellency the Governour (vizt)

May it please your Excellency

As it is usual when a Matter of the Nature recommended in your Excellency's Speech is required by the Crown the Original Instructions and Letters are usually communicated to this House.

This House therefore request the sight of the Original Instructions signed by his Majesty, and other Letters referred to in your Excellency's Speech.

Received the following Message from his Excellency the Govr vizt

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July 31st 1740.

Mr Speaker

Tho I am of opinion that your House has no right to demand a sight of my original Instructions yet upon this occasion where the Honour and Intrest of every Englishman is so nearly concerned I can't forbear sending you the Duke of Newcastle's Letter to me and his Majestys original Instructions signed by himself and under his sign manual by Mr Harrison to be read to the Members of your house and returned to me by him but I desire you may take notice that this is not to be drawn into a President.

GAB: JOHNSTON.

A Committee of the following persons were appointed to consider of ways and means to raise money for defraying the charge of transporting his Majesty's Troops raised in this Province to the place appointed for a General Rendezvous of his Majesty's American Troops (vizt) John Montgomery Esqre Mr Farris, Mr Starkey, Mr Hunter, Mr Scarbrough, Mr Roberts, Mr Blount, Mr Castlelaw, Mr Hill, Mr Alderson, Mr Craven, Mr Smithwick and Mr Peyton.

The House adjourned till to-morrow 3 o'clock afternoon


Friday the 1st of August 1740. The House met according to adjournment.

Reported by Mr Montgomery from the Committee appointed to draw an address to his Excellency that they had prepared one which he read in his place.

Ordered the same be engross'd and presented to his Excellency tomorrow.

Reported by Mr Montgomery from the Committee for considering way and Means for &c: as follows. That the Committee thought it the most speedy for raising supplies for transporting the Troops &c: to emit a certain Quantity of New Bills for that purpose and that this House would address his Excellency to know whether he would assent to a New Emission of Bills.

Mr Blackhall and Mr Craven waites on his Excellency the Governour to know when he would be pleased to receive the address of this House, returned and acquainted this House his Excellency would receive them to-morrow morning.

Ordered That Mr Blackhall, Mr Scarbrough, Mr Hunter, Mr Farris and Mr Roberts do bring in a Bill for regulating the Militia of this Province.

The House adjourned till to-morrow 7 oclock.

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Saturday the 22d of August 1740. The House met according to adjournment.

His Excellency the Governour sent to this House acquainting them he was ready to receive their address and commanded their attendance in the Council Chamber.

The House in a full body waited on his Excellency the Governour and presented the following Address (vizt)


North Carolina

To his Excellency Gabriel Johnston Esqre Capt Genll and Govr in Chief in and over the said Province.

The Humble Address of the General Assembly of the said Province.

May it please your Excellency

We his Majesty's most dutifull and Loyal Subjects the representatives of the People of North Carolina in General Assembly met return our humble thanks to your Excellency for your Speech to us at the opening of this session of Assembly and for the good opinion you therein express of us.

We are fully assured of his Majesty's Zeal to promote the happiness of all his subjects that we should [not] be wanting in our Duty to so gracious a Prince should we not chearfully contribute to the utmost of our power in assisting our Sovereign to assert the Honour of the English name and to revenge the cruel usuage our fellow subjects have met with for many years past from a Barbarous and haughty Nation.

We are sorry that the circumstances of this Colony will not permit us to raise so large a supply as would fully convince the world that no people of any Province have greater Zeal for the honour of his Majesty and his Crown and the prosperity of his people than we have yet we assure your Excellency that no Colony hath with more chearfullness contributed than we shall to forward the intended decent upon some of the Spanish Colonies and althō we are truly sensible that no Governour in America can be more Zealous than your Excellency for the Honour and Interest of his Majesty. Yet we are as well assured by the tender regard we have allways found your Excellency show for the prosperity and happiness of this Province that you will not expect any greater assistance from us than what you know our circumstances will permit.

We beg leave to assure your Excellency that we sincerely wish that his Majesty may not only now but at all times Triumph over his Enemies and that his reign may be long and prosperous and that your Excellency's mild and prudent Administration of this Province under him may long continue.

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Mr John Dawson one of the Members of Bertie County appeared and took his seat.

John Montgomery Esqre moved this House that a Message be sent to his Excellency the Governour desireing he would be pleased to acquaint this House what Quantity of Troops are to be provided for here and where they are to be transported to.

Sent the following Message to his Excellency the Govr

May it please your Excellency

This House having resolved that to emit a certain Quantity of New Bills will be the most speedy way to defray the Expences of transporting the Troops to be raised in this Colony desire your Excellency would be pleased to acquaint this House if your Excellency would be pleased to assent to an Act for that purpose and that your Excellency would acquaint this House what number of Troops are to be provided for, and where to be transported to, that this House may proceed accordingly.

To which His Excellency answered he had possitive orders not to assent to any Act for emitting of New Bills unless there was a suspending Clause that it should not take Effect till his Majesty's pleasure should be known and that to the other part of the Message he would send an answer on Monday next.

Whereupon it was ordered that the Committe appointed to consider ways and means &c: do sit again this afternoon to consider of other ways &c:

Mr Craven moved for leave to bring in a Bill for an Act to finish the Church allready begun at Edenton.

Ordered Mr Craven, Mr Blackhall and Mr Montgomery do propose and bring in the same.

Read the Petition of John Ackerman of Tyrel County Praying to be Exempt from paying parish dues and taxes. The same Granted

The House Adjourned till Monday 10 aClock.


Monday the 4th of August 1740. The House met according to Adjournment.

Mr James Summer one of the Members of Pequimons County appear'd and took his seat in the House.

The House adjourned till to-morrow 10 oClock


Tuesday the 5th of Angust 1740. The House met according to Adjournment.

John Montgomery Esqre from the Committe appointed to find ways and means to raise money for defraying the Charge of Transporting his

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Majesty's Troops raised in this Province &c: Reported the following Resolves of the said Committe and submitted them to the House for approbation.

1st Resolved That a Levy in Proclamation Money per Tithable be laid upon the Inhabitants of this Province that the said Tax be paid within one year

2nd Resolved That the said Tax be paid by the following Commodities. (vizt)

Procl Money
“Pork in Barrels at the rate of
£1
2
6
“Beef in Barrels at
0
17
6
“Tobo per Hundred wt
0
10
0
“Rice per Hundred wt
0
7
6
“Deer Skins per Pound
0
2
6
“Bees Wax per Pound
0
0
10
“Tallow per ditto
0
0
3

Resolved, that the Inhabitants of that part of the Province heretofore called Albemarle County [pay] this Levy at the places in their respective Countys where his Majestys Quit rents are paid into the hands of Inspectors to be appointed by each County Court.

Resolved that a substantial ware house be built at the most convenient Landing in each County in that part of the Province heretofore called Bath County for the safe keeping the Comodities to be paid for this and all other Taxes

Resolved That the Inhabitants of that part of the Province shall pay this Tax at the Ware Houses which shall be built

Resolved That each County Court of this Province be impowered to appoint an Inspector who shall have the same power to inspect the Commodities which shall be paid for the aforesaid Tax as the Inspectors appointed by virtue of the Quit Rent Law subject to the same regulations

Resolved That the Inspectors so appointed shall give accounts or notes to the Inhabitants for the Commodities paid in discharge of the said Tax

Resolved That Commissioners be appointed to contract with such persons as shall be willing to transport the aforesaid Troops and that the said Commissioners be impowered to sell and dispose of the Commodities which shall be paid to the Inspectors.

Resolved That what Bill money of this province shall be paid in satisfaction of the above Levy shall be paid at the rate of seven for one Exa from Proclamation Money.

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The Committe also inform this House that it is their opinion that all Taxes whatsoever ought to be paid in the aforesaid manner and likewise all fines and forfeitures

Signed
J: MONTGOMERY
Cha—man

Ordered That Mr Roberts, Mr Starkey and Mr Farris do prepare and bring in a Bill pursuant to the said Resolves

It was moved by Mr Farris and seconded by Mr Bartram that Hemp and Flax be incerted in the said Bill and paid at the same rates as in the Quit rent act and passed Nem: Contradicente

Ordered That Mr Stevens Lee and Mr Smithwick do prepare and bring in a Bill for an Act to erect an Inspecting House in Tyrel County at a more convenient place than Mr Joseph Spruils

Ordered That Mr Hunter and Mr Montgomery do prepare and bring in a Bill for an Act to enable the Parishes of St Andrew in Tyrel County and the So West parish of Pasquotank County to choose a Vestry for the ensuing year they having neglected to choose according to Law.

The House Adjourned till 4 aClock in the afternoon

The House met according to Adjournment.

Mr Jos: Tart one of the Members of Hyde County appeared and took his seat in the House.

Mr Hunter brought in a Bill for an act for regulating the Militia of this Province which he read in his place. Ordered The same lye on the Table for Consideration.

Read the Petition of Tho: Cornice of Chowan County Praying to be Exempt from paying Levies &c: The same Granted.

Read the Petition of Thomas Bedford of Tyrel County Praying to be exempt from paying publick Taxes and all publick services. The same Granted

Read the Petition of Neal Cahon of Tyrel County Praying to be exempt from paying publick Taxes and all publick services. The same Granted.

Read the Petition of John Martin of Pasquotank County Praying as before Rejected

The House adjourned till to-morrow 10 aClock.


Wednesday the 6th of August 1740. The House met according to adjournment.

Mr Tho: Bryant one of the Members for Bertie County appeared and took his seat in the House

Ordered That Mr Lovick and Mr Lee, Mr Castelaw, Mr Hunter, Mr Blount Mr Peyton and Mr Dawson be added to the Persons appointed

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to prepare and bring in a Bill pursuant to the Resolves of the Committe to consider ways and means &c:

The House adjourned till to-morrow 10 aClock


Thursday the 7th of August 1740 The House met according to adjournment.

Mr Montgomery laid before the House a Letter from Mr Barcroft Secretary to the society for propagating the Gospel in Forreign parts—as follows. (vizt)


London Warwick Court Warwick Lane Novr 19th 1739.

Gent

I am directed by the Incorporated Society for the Propagation of the Gospel in Foreign parts to acquaint you that they have appointed the Revd Mr John Garzia to be one of their Missionaries in North Carolina and that he officate in Chowan Precinct and in all other places as occasion shall require to the North East side of the River Nuse, the Society do hereby recommend him to your Favour and as he is very sufficiently recommended to them more especially by his Excellency Gabriel Johnston Esqre they conceive good hopes he will answer the end of his mission and they do expect you will contribute according to the best of your Abilities towards his better support and recommend it to you to procure a passage toll free in the several ferrys over the several Rivers within his Mission praying that you may make a right use of having the great Blessing of Gods word rightly administered to you and that it may shine forth in your lives & Conversations. I am Gent your humble servant

PHILIP BEARCROFT. Secretary.

To the Inhabitants of Chowan Precinct and of the other places in No Carolina where Mr Garzia shall officiate

Ordered the same lye on the table for consideration

Read and sent to the Upper House a Bill for an Act for finishing the church at Edenton.

Sent to the Upper House a Bill for an Act for Regulating the Militia of this Province.

Mr Castelaw moved for leave to bring in a Bill for an Act to enlarge the Jurisdiction of the Majestrates in the Tryals of small and mean Causes and also to bring in a Bill for an Act to erect a prison in Bertie County.

Ordered That Mr Castelaw, Mr Smithwick and Mr Hill do prepare and bring in the said Bills.

The House adjourned till to-morrow 3 aClock Afternoon.

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Friday the 8th of August 1740. The House met according to Adjournment.

Received from the Upper House a Bill for an Act for the finishing the church at Edenton—And a Bill for an Act for the Regulating the Militia of the Government with Amendments.

Mr Boulds moved for leave to bring in a Bill for an Act for finishing the church at New-Bern for regulating the said Town. Ordered Mr Roberts and Mr Boulds do prepare and bring in the same.

The House adjourned till to-morrow 10 aClock.


Saturday the 9th of August 1740. The House met according to adjournment.

Read and sent to the Upper House a Bill for an Act for finishing the church at Edenton &c.

Mr Montgomery brought in a Bill for an Act for granting an Aid to his Majesty to defray the expence of transporting the several Troops enlisted in his Majesty's service in the Colony and to ascertain the method of paying all Taxes and Levys in Commoditys and for other purposes therein mentioned Which he read in his place. Ordered the same lye on the Table for consideration.

Mr Peyton brought in a Bill for an Act for appointing a Ferry from Bath Town to Core Point on Pamplico river and from Core Point to Bath Town Which he read in his place. Ordered, the same lye on the Table for Consideration.

The House adjourned till Monday morning 9 aClock.


Monday the 11th of August 1740. The House met according to Adjournment.

Sent to the upper House a Bill for an Act for granting an aid to his Majesty &c.

Mr Bould brought in a Bill for an Act to enable the Commissioners therein after appointed to erect and finish a church at New Bern Town for the better regulating the said Town and for other purposes therein mentioned. which was read and sent to the Upper House.

Mr Rigby brought in a Bill for an Act to exempt the Inhabitants of Bath Town from working on the roads &c. Which was read and sent to the Upper House—And also the Bill for an Act to Establish a ferry from Bath Town to Core Point &c:

Sent the following message to the upper House (vizt)

May it please your Honours

This House taking into consideration the Letter from the Society for propagating the Gospel in Foreign parts recommending Mr Garzia to

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have free passage in the ferrys over the several Rivers within his Mission—Have resolved that all Missionaries within this Province pass free from paying any moneys for their ferriage over the Rivers within their respective Missions and that the several persons who keep shall [said] ferrys shall have a claim on and be paid by the publick for such service To which desire your Honours concurrance.

The House adjourned till 3 aClock in the afternoon.

The House met according to Adjournment.

Mr Craven informed this House there was a Libel fixed on the side of this House signed Ar: Hamilton which contains a reflection on the Honourable William Smith Esqre Chief Justice and tends to the subversion of Government and moved the said advertisement and Petition of Daniel Hanmer might be read which are as follows (vizt)

To the Honble William Smith Esqre Chief Justice of the Province of North Carolina

The Humble Petition of Daniel Hamner Humbly Sheweth

That your Petitionr to his great Great grief and 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 sentence is carried to Exn your Petitioner and 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 humbly throws himself at your Honours feet and trusting to your great Clemency implores your Honours compassion and begs that your Honour will remit the Ignominious part of the sentence or at least suspend it till his Excellency's pleasure is known from whom he intends (if your Honour will be so good to suffer it) to implore a pardon.

And your Petitioner as in duty bound shall ever pray

DANIEL HANMER.
True Copy Test James Craven

North Carolina.

Whereas it has been industriously reported and handed about in divers places and many companies without any just foundation that Daniel Hanmer Esqre did under his hand in a Petition by him signed directed the Honble William Smith Esqre Chief Justice of this Province confess himself guilty of Perjury now as I have been the whole spring of that Affair in order to do Mr Hanmer that Justice which is due to him I do

-------------------- page 563 --------------------
hereby certify that I did advise Mr Hanmer to Petition the Chief Justice to respite the sentence given against him for Perjury and that I did imediately draw a Petition in great haste and carried 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 Pilory and that by gaining a little time to lay the whole affair before the Governour he might have that Judgment reversed which in my opinion was altogether Illegal the Indictment being manifestly Erroneous and the Tryal contrary to a possitive 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 my particulars and that if there is any other it was occasioned thrō 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 upon Oath when called to it for Witness whereof I have put hereunto my Hand the 20th day of May. Anno Dom: 1740.

Signed
AR: HAMILTON.

After the said petition and advertisement was by this House maturely considered they made the following Resolves (vizt)

1st Resolve That the said advertisement is false scandalous and malitious highly reflecting on the General Court of this Province tending to the subversion of the Government and the stirring up of sedition amongst his Majestys subjects

2nd Resolved that William Smith Esqre Chief Justice of this Province has behaved with great honour, integrity and capacity in the Office of Chief Justice during the time he has acted in the said office.

The House adjourned till to-morrow 10 aclock.


Tuesday the 12th of August 1740. The House met according to adjournment.

Read and sent to the Upper House a Bill for an Act for regulating the Militia of this Province with Amendments.

Received from the Upper House the Bill for an Act for building the church at Edenton.

Received the following Bills from the Upper House (vizt) A Bill for an Act to enable the Commissioners thereinafter appointed to erect and finish a church at New Bern &c: A Bill for an Act to establish a Ferry from Bath Town to Core Point &c: A Bill for an Act to exempt the Inhabitants of Bath Town from working on the roads &c: A Bill for an Act for granting an Aid to his Majesty &c:

-------------------- page 564 --------------------

Read and sent to the Upper House the following Bills (Vizt)

A Bill for an Act for finishing the Church at Edenton.

A Bill for an Act to enable the Commissioners therein appointed to erect and finish a church at New-Bern &c:

A Bill for an Act to exempt the Inhabitants of Bath Town from working on the Roads &c:

A Bill for an Act to establish a Ferry from Bath Town to Core Point &c:

Mr Hill moved for leave to absent himself from the service of the House. Ordered he have leave to absent himself accordingly.

Ordered That Mr Craven Mr Blount and Mr Blackhall do prepare and bring in a Bill to prevent the Insurrection of Negroes.

Mr Scarbrough brought in a Bill for an additional act to an Act Intituled an Act for providing his Majesty a Rent Roll &c: therein to give longer time for proof of Possession of Lands.

Ordered the same lye on the Table for consideration.

The House adjourned till 3 aclock in the Afternoon.

The House met according to adjournment.

The House resolved into a Committee of the whole house to debate on the several matters in the Bill for an Act for granting an aid to his Majesty &c: And unanimously chose Mr Smithwick Chairman

After some time spent Mr Speaker resumed the Chair.

Received from the Upper House the following Bills (Vizt) A Bill for an Act to enable the Commissioners therein named to Build a Bridge over Livingston's Creek between New Hanover and Bladen Countys And a Bill for an Act for regulating the Militia of this Province.

The House resolved again into a Committe of the whole House to debate on the Act for granting an aid to his Majesty &c:

After some time spent Mr Speaker resumed the chair

The House adjourned till to-morrow 8 aclock


Wednesday the 13th of August 1740 The House met according to adjournment.

Read and sent to the Upper House the Bill for an Act to enable the Commissioners therein named to build a Bridge over Livingston's Creek between New Hanover and Bladen Countys.

Mr Craven moved for leave to bring in a Bill for an Act to amend an Act for settling the titles and bounds of lands and to dock Entails of small parcels of lands.

Ordered he prepare and bring in the same. Which he did and read the same in his place

-------------------- page 565 --------------------

Ordered the same be sent to the Upper House

The House resolved into a Committe of the whole House and resumed the debates on the Act for granting an aid to his Majesty &c: And Mr Chairman took the Chair after some time spent.

Mr Speaker resumed the chair.

Received from the Upper House the Bill for an Act for finishing the Church at Edenton With the following Endorsement Read in the Upper House the third time.

Ordered to be sent to the Lower House to be engrossed

Then the Chairman reported that the Committe had debated on the several Clauses in the Bill for an Act for granting an Aid to his Majesty &c: and had made several amendments, and desired this House would concurr therewith

After reading the said Bill with amendments made by the Committe Resolved this House concurr with the same.

Sent the said Bill to the Upper House with the amendments

Received from the Upper House a Bill for an Act to exempt the Inhabitants of Bath Town from working on the Roads

Read and sent the above Bill to the Upper House with amendments

The House adjourned till 3 aClock afternoon

The House met according to adjournment

Mr Montgomery brought in the following Bills (vizt) A Bill for an Act to enable the Justices of Tyrel County to build a Ware House on Scuppernong River for receiving his Majesty's Quit Rents And a Bill for an Act to enable the parishes of St Andrews in Tyrel County and the So West parish of Pasquotank County to ellect Vestrys, which was read and sent to the Upper House

Mr Roberts moved that all Bills for Acts in which any fines or forfeitures are to be incurred unless the Commodities for payment of such fines or forfeitures are incerted in such Bills may lye on the Table till the Bill is past the third time for granting an aid to his Majesty.

Which the House agreed to nem : con :

The House adjourned till to-morrow 10 aClock


Thursday the 14th of August 1740 The House met according to adjournment

Mr Speaker moved for leave to bring in a Bill for an Act to appoint able and skillfull Clerks for the several County Courts in this Province and for the better securing and safe keeping the records of the same

Ordered he have leave to prepare and bring in the same

Which he did and read the same and sent it to the Upper House

-------------------- page 566 --------------------

Received from the Upper House the following Bills (vizt) A Bill for an Act to establish a Ferry from Bath Town to Core Point with amendments also a Bill for an Act to enable the Justices of Tyrel County to build a Ware House on Scuppernong River &c: and a Bill for an Act for amending an Act for setling the Bounds of Lands and to dock Entails. And a Bill for an Act to enable the parishes of St Andrews in Tyrel County and the So West parish of Pasquotank County to elect &c: with amendments And a Bill for an Act to enable the Commissioners therein named to build a Bridge over Livingston's Creek &c:

Mr Farris moved for leave to bring in a Bill for an Act for the further and better regulating the Town of Wilmington in New Hanover County and to establish the Church of the parish of St James to be built in the said Town

Ordered he prepare and bring in the same which he did and read the same in his place and it was sent to the Upper House.

Read and sent to the Upper House the following Bills (vizt) A Bill for an Act to enable the Justices of Tyrel County to build a Ware House on Scuppernong River &c: A Bill for an Act to enable the parishes of St Andrews in Tyrel County and the So West parish of Pasquotank County to elect &c: A Bill for an Act to enable the Commissioners therein named to build a Bridge over Livingston's Creek &c:

Mr Blackhall brought in a Bill for an Act to prevent the Mischiefs and Ill consequences which may arise by slaves unlawfully assembling &c: which was read and sent to the Upper House.

The House adjourned till 3 oClock afternoon

The House met according to adjournment.

Received from the Upper House a bill for an act to enable the Commissioners therein appointed to erect and finish a church in New-Bern &c: which was read the third time in this House passed and sent to the Upper House.

The House adjourned till to-morrow 9 aClock


Fryday the 15th of August 1740 The House met according to adjournment

Received from the Upper House the Bill for an Act for the further and better regulation of the Town of Wilmington &c:

Mr Craven moved for leave to bring in a Bill for an Act to establish and confirm John Hodgson Esqre Treasurer of the Countys therein mentioned

Ordered he have leave to prepare and bring in the same which he did and read it in his place and it was sent to the Upper House.

-------------------- page 567 --------------------

Received from the Upper House the Bill for an act to appoint able and skillfull Clerks for the several County Courts &c:

Read and sent to the Upper House the following Bills (vizt) A Bill for an Act for the further and better regulation of the Town of Wilmington &c: with amendments—And a Bill for an Act to appoint able and skillfull Clerks &c:

The House adjourned till 3 aClock post mer:

The House met according to adjournment.

Received from the Upper House the following Bills (vizt) A Bill for an Act to enable the Commissioners therein appointed to erect and finish a church in New-Bern &c: Endorsed Ordered to be Engrossed And a Bill for an Act for granting an aid to his Majesty &c: with amendments

Read the Bill for an Act for granting an aid to his Majesty &c: Ordered the same lye on the Table for consideration.

The House adjourned till to-morrow 9 aClock.


Saturday the 16th of August 1740. The House met according to adjournment

Received from the Upper House the following Bills (vizt) A Bill for an Act to Establish and confirm John Hodgson Esqre Treasurer &c: A Bill for an Act for the further and better regulation of the Town of Wilmington &c: A Bill for an Act to enable the Commissioners therein named to build a Bridge over Livingston's Creek &c: A Bill for an Act to enable the parishes of St Andrew in Tyrel County and the So West Parish of Pasquotank to elect &c: A Bill for an Act to enable the Justices of Tyrel County to build a Ware House on Scuppernong River—and a Bill for an Act to appoint able and skillfull Clerks &c: Read the third time the Bill for an Act for granting an aid to his Majesty &c: and sent it to the Upper House with amendments.

Read and sent to the Upper House the following Bills (vizt)

A Bill for an Act to appoint able and skillfull Clerks for the several Countys within this Government.

A Bill for an Act to establish a Ferry from Bath Town to Core Point.

A Bill for an additional Act to an Act Entituled An Act for providing his Majesty a Rent Roll &c:

A Bill for an act to establish and confirm John Hodgson Esqre Treasurer &c:

A Bill for an act to enable the parishes of St Andrew to in Tyrel County and the So West Parish of Pasquotank &c:

And a Bill for an Act for the further and better regulation of the Town of Wilmington &c:

The House adjourned till 3 aClock Afternoon.

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The House met according to adjournment.

Read and sent to the Upper House the following Bills (vizt)

A Bill for an act to enable the Justices of Tyrel County to build a Ware House on Scuppernong River &c: and a Bill for an Act to enable the Commissioners therein named to build a Bridge over Livingston's Creek &c:

Mr Craven moved for leave to bring in a Bill for an Act for confirming Titles to the Town Lands of Edenton for securing the Priviledges heretofore granted to the said Town and for the further encouragement and better regulation thereof.

Ordered he prepare and bring in the same Which he did and read the same in his place and it was sent to the Upper House.

Received from the Upper House the following Bills (vizt)

A Bill for an Act for the further and better regulation of the Town of Wilmington &c: Endorsed Ordered to be engrossed And a Bill for an Act to establish a Ferry from Bath Town to Core Point &c: Endorsed Ordered to be engrossed And also a Bill for an Act to establish and confirm John Hodgson Esqre Treasurer &c:

The House adjourned till to-morrow 11 aClock


Monday the 18th of August 1740. The House met according to adjournment

Read and sent to the Upper House a Bill for an Act to Establish and confirm John Hodgson Esqre Treasurer &c:

The House adjourned till 3 aClock Afternoon

The House met according to adjournment

Received the following Bills from the Upper House (vizt)

A Bill for an Act to appoint able and skillfull Clerks for the several County Courts in this Government &c: Endorsed Ordered to be engrossed And A Bill for an Act to enable the Justices of Tyrel County to build a Ware House on Scuppernong River &c: Endorsed Ordered to be engrossed And a Bill for an Act to enable the parishes of St Andrews in Tyrel County and the So West Parish of Pasquotank County to elect Vestrys &c: Endorsed Ordered to be engrossed And a Bill for an Act to establish and confirm John Hodgson Esqre Treasurer &c: Endorsed. Ordered to be engrossed And a Bill for an Act for confirming Titles to the Town Lands of Edenton &c: And also a Bill for an Act to prevent the Ill consequences that may arise by slaves unlawfully assembling &c: Read and sent to the Upper House a Bill for an Act for confirming titles to the Town Lands of Edenton

The House adjourned till to-morrow 9 aClock

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Tuesday the 19th of August 1740. The House met according to adjournment

Mr Montgomery moved that any Member of this House who shall in any wise detain or offer to detain any Member in the House or take any out contrary to his or their Inclination when the House calls for a Division on any Question may be Committed

Resolved That any Member who shall make any such offer shall be censured

Read and sent to the Upper House a Bill for an Act to prevent the Mischiefs and Ill consequences that may arise by slaves unlawfully assembling &c:

The House adjourned till 3 aClock Afternoon

The House met according to adjournment

Received from the Upper House the Bill for an Act for granting an Aid to his Majesty &c: with amendments And the following Message therewith (vizt)

Mr Speaker and Gent

Upon reading the third time the Bill for an Act for Granting an Aid to his Majesty &c: we have made the following amendments to which we desire your concurrance. (vizt)

Page 2d Rice per hundred wt 7s 6d procl for that part of the province only heretofore known by the name of Bath County

Pork in good tight Barrels &c: one pound seven shillings

8. And in that case the Justice granting such Warrant and the Officer executing it shall not charge the Inspector nor any other with any costs

11. Hogshead of Tobo Contg at least 700 weight

15. Debts Due by Judgmt or against whom Exo shall issue for any Debt or Debts hereafter to be contracted only

Shall carry the Commodities to a publick ware house in the Country where such Debtor has contracted such Debt

Read the Petition of John Prescot Praying to be exempt from publick service of and paying Taxes The same granted

Received from the Upper House the Bill for an Act for confirming Titles to the Town Lands of Edenton &c:

Sent the foregoing Message to the Upper House

May it please your Honours

This House having considered the amendments made by you in the Bill for an Act for Granting an aid to his Majesty &c: and cannot concurr to the lessning the price of Rice to 7s 6d per Hundred nor that the same shall be taken in Bath County only

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2d To lessen the price of Pork to 27s per Barrel nor to raise the weight of a Hogshead of Tob: from 500, to 700 weight

Upon which this House desires a Conference and that you will be pleased to appoint the time

Signed
JOHN HODGSON Speaker

The House adjourned till to-morrow 9 aClock.


Wednesday the 20th of August 1740. The House met according to adjournment

Read and sent to the Upper House a Bill for an Act for confirming the Titles to the Town Lands of Edenton &c:

Received the following Message from the Upper House (vizt.)

Mr Speaker and Gent

In answer to your Message sent yesterday this House does assent to a conferrence and is ready to receive your House imediately

The House in a full Body went to the Upper House to conferr on the severall Articles in dispute in the Bill for an Act for granting an aid to his Majesty &c: and for Managers of the said Conference appointed Mr Speaker and Mr Montgomery on the articles of Pork and Tobacco and Mr Castelaw and Mr Smithwick on the Article of Rice Which Articles were fully debated by both Houses.

Then this House returned and the motion was made and the Question was put whether Pork should pass as the Upper House had amended it or not

Resolved that Pork be incerted again at 30s per barrel but pickled instead of any salted nem: con:

The Motion was made and the Question was put whether Rice should be incerted 10s or 8s 4d

Resolved nem: con: that Rice be incerted in the said Bill 8s 4d

The Motion was made and the Question was put whether Tobo to be carried in a Hogshead shall weigh 700 or 500.

Resolved nem: con: that the Hogshead shall contain seven Hundred weight of Tobacco.

Then sent the following Message to the Upper House.

May it please your Honours

This House upon debating the matters in conference with you have come to the following Resolutions

1st That Pork be incerted in the Bill at 30s per Barrel but pickled instead of drysalted.

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2dly That Rice be incerted at 8s 4d and shall extend to all parts of the Province

3dly As to the Article Tobacco contained in a Hogshead this House concurrs.

To the above two Articles desire your concurrence and that it be incerted that Beef be pickled.

The House adjourned till 3 aClock Afternoon.

The House met according to Adjournment.

Received from the Upper House the Bill for an Act for confirming Titles to the Town Lands of Edenton &c. Endorsed Ordered to be engrossed.

The House adjourned till to-morrow 9 aClock


Thursday the 21st of August 1740. The House met according to adjournment

Received the following Message from the Upper House

Mr Speaker and Gent

In answer to your Message desiring our Concurrence with some resolutions of your House since the Conference we must inform you that you have proceeded upon a mistake for its the opinion of this House that since the Conference was after the third reading of the Bill in both Houses we could only in that Conference give you our reason for making the amendments but cannot consistent with the rules of Parliament receed from any of those amendments.

The Motion was made and the Question was put whether this House concurr with the amendments made by the Upper House on their third reading the Bill for an Act for granting an aid to his Majesty &c: or not. Which was carried in the affirmative.

Received from the Upper House the Message in relation to Mr Garzia and all other Missionaries in this Province passing Ferry Free over the several Ferrys within their respective Missions.

Endorsed Concurred with the Ferryman producing a Certificate.

W. SMITH P.

Received a Message from his Excellency the Governour.

Mr Speaker and Gent

I command you and the House to attend me with what Bills are engrossed in the Council Chamber.

GAB: JOHNSTON.
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The House in a full body waited on his Excellency the Governour in the Council Chamber with the Bills for the following Acts.

The Bill for finishing the church at Edenton.

The Bill for electing Vestrymen for the parishes of St Andrews in Tyrel County and So West parish of Pasquotank &c:

The Bill for building a Ware House on Scuppernong &c.

The Bill to exempt the Inhabitants of Bath Town from working on the Roads &c:

The New Bern church Bill. Bath Town Ferry Act.

The Clerks Bill. Wilmington Bill.

The Treasurer's Bill. Edenton Land Bill.

Livingston's Creek and Bridge Bill.

To which his Excellency was pleased to assent and ordered the great seal of the Province to be affixed thereto.

Resolved that Edenton is the proper place where the Secretary's office of this Province ought to be kept and that all records and papers belonging to the said office be deposited there.

Resolved That the following Message be sent to his Excellency the Governour.

May it please your Excellency

This House having resolved that Edenton is the proper place where the Secretary's Office of this Province ought to be kept and that all records, wills and other papers in any ways relating to the said office ought to be kept and deposited there and being informed that most of the records and other papers formerly kept at Edenton and belonging to the said office is removed and kept at Cape Fear chiefly at the Secretary's House and under the care and management of persons deputed by the Secretary that great Mischief may arise to the people of this province by loosing, altering or erasing the said Records on which the propertys of the people of this Province intirely depend or in case of the death of the Secretary the said Records and Papers may fall into such hands as by unfair practices may secrete, alter or erase the records and papers belonging to the said Office to the great prejudice of the Inhabitants of this Province.

Humbly address your Excellency will be pleased to order and direct the Secretary to deposite in such time as your Excellency shall think proper all the records and papers aforesaid or take such measures as you shall think proper that two Members appointed by this House may inspect and take a list or catalogue of all records and other material papers belonging to the said Office to prevent any future Mischiefs by removing the said Records and papers or otherwise.

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Resolved That Mr Craven lay out a sum not exceeding one Hundred pounds for repairing the Council Chamber in Edenton against the next Session of Assembly and that he be refunded by the Publick. Ordered The said Resolve be sent to the Upper House for Concurrence.

Ordered That the Sheriff of Chowan take care of and keep clean and lock the Court House and Council Chamber in Edenton unless at Publick times.

Sent the following Message to the Upper House.

May it please your Honours.

This House having taken into consideration the matters in conference on the Bill for granting an aid to his Majesty &c: Resolve to concur with your Amendments.

Sent the following Message to the Upper House.

May it please your Honours.

This House having resolved that Mr Craven lay out a sum not exceeding one hundred pounds for repairing the Council Chamber in Edenton against next Session of Assembly and that he be refunded by the Publick desire your Honour's Concurrence.

Received the following Message from the Upper House.

May it please your Honours Mr Speaker and Gent

As you have concurred with our Amendments made in the Bill for granting an aid to his Majesty &c: this House desires the same be engrossed.

Received from the Upper House the Message sent to them in relation to the repairing the Council Chamber. Endorsed Concurred with

W. SMITH P.

Whereas the Secretary of this Province hath neglected to send to the County Courts of this Province the Copys of the Laws of this Province for want of which the Majestrates of the several County Courts are at a great loss how to execute Justice pursuant to the several Laws now in force.

Resolved That the Clerk of this House do fairly copy the following Acts and send them to the several Countys within this Provice (to wit) The Act for granting an Aid to his Majesty &c: The Act for the better regulating the Militia of this Province. And the Act for appointing able and skillfull Clerks for the several County Courts within this Government. And that he be paid for the same the next Session of Assembly after he shall have sent such copys.

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Received from the Upper House the Bill for an Act for the better regulating the Militia of this Government. Endorsed Ordered to be engrossed.

The House adjourned till to-morrow 9 aClock


Friday the 22d of August 1740. The House met according to adjournment.

Received a Message from his Excellency the Governour commanding the imediate attendance of this House with what Bills are engrossed.

Mr Speaker with the House waited on his Excellency the Governour with the following Bills vizt

The Bill for granting an Aid to his Majesty &c: and the Militia Bill. To which his Excellency assented and ordered the great seal of the Province to be affixed thereto.

Then was pleased to make the following Speech.

Gent of His Majesty's Council Mr Speaker and Gent of the House of Burgesses

I cannot put an end to this session without expressing the highest Satisfaction with the great and many eminent services you have done your King and Country 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 and the publick good at heart and they are more in Number than ever were made by any Assembly in this Province 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 and his injured subjects Justice against a barbarous and insolent 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 to your want of Loyalty and regard to his Majesty You have now given evident proof of your unfeigned Zeal for his Majesty's service and considering the circumstances of the Country contributed as Liberally as any of our neighbouring Colonies. The funds you have granted are indeed rather too remote to answer the imediate and pressing demands for embarking the Troops but as there was no possibility of avoiding this as the affairs 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 ill consequences that may arise from it I shall take care to represent in the proper place with what cheerfullness and willingness you have complyed with his Majesty's demands and how much his subjects

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in this Province deserve his countenance and protection. I shall be particularly carefull that what Taxes you have now laid on shall be prudently and frugally managed and what savings can be made after paying the charges of the intended service shall be fairly accounted for and left intirely at your disposal

Gent 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 good Effects you expect from it, I heartily wish it may lay a lasting foundation for the publick peace and tranquility and make the necessary charges of Government easy to the People

I flatter myself I shall have the pleasure of meeting you in the same happy temper and disposition next Spring and against that time you will think of some proper and effectual means of revising and reforming your Laws and getting them printed which is absolutely necessary for the security of your Libertys and Propertys

GAB: JOHNSTON