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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 15, 1744 - December 04, 1744
Volume 04, Pages 732-752

North Carolina—ss.

At an Assembly begun and held at Newbern the fifteenth day of November one thousand seven hundred and fourty four in the eighteenth

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year of the reign of our sovereign Lord George the second by the grace of God of Great Britain France and Ireland King and so forth being the first Session of this present Assembly.

Pursuant to the returns of the severall writts of Election for the severall Counties and Towns within the aforesaid Province the following Members appeared, (to wit)

Onslow—Mr Samuel Swann Mr John Starkey

New Hanover—Mr John Swann Mr George Moore

Carterett—Mr Thomas Lovick.

Craven—Mr William Brice Mr Richard Nixon

Beaufort—Mr John Barrow.

Hyde—Mr Samuel Sinclare.

Tyrrell—Mr William Kennedy, Mr Edmd Smithwick Mr Stevens Lee Mr Samuel Spruel

Bertie—Mr James Castellaw Mr Thomas Barker

Northampton—Mr Samuel Taylor.

Edgecombe—Mr Jos. John Alston Mr John Pope

Pequimons—Mr Wm Waite

Pasquotank—Mr Griffeth Jones Mr Wm Williams Mr Wm Burgess, Mr Jos. Humphries

Currituck—Mr John Leary.

Newbern—Mr Wm Wilson

Wilmington—Mr Wm Faris

Took the oaths appointed for their qualification subscribed the test and took their seat accordingly.


Fryday the 16th of Novr 1744

The foregoing Members appeared.

His Excellency the Governor was pleased to send a Message commanding the Members attendance in Council Chamber.

The Members waited on his Excellency in the Council Chamber when his Excellency was pleased to direct them to return and make choice of a speaker. The Members returned.

Mr William Faris proposed that Mr Samuel Swann be chosen Speaker to which there was no objection and Mr Samuel Swann was accordingly chosen.

Then the House presented him to his Excellency for Approbation. His Excellency was pleased to approve of their choice and made the following speech.

The House returned and ordered the same to be read which was as follows, (to wit)

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Gentlemen of His Majestie's Council, Mr Speaker & Gentlemen of the House of Representatives,

I think I cannot oppen the Assembly in a more proper manner than by laying before you a true and plain state of your publick Affairs and I am heartily concerned that I can't represent them to you in a more agreable light.

Gentlemen you are sensible that the time for circulating your Bills of credit expires this month & that in a few months more they can no longer pass in any payments.

It is a great misfortune that this important affair has been so long delayed.

If former Assemblys had thought proper to have entered seriously into this matter the first or second time I recommended it to them a proper Bill might have been framed and his Majestie's consent obtained before these present Bills had expired which would have preserved the publick faith Quieted the minds of his Majestie's subjects and rendered all dealings in private life safe and easy.

Who are to be blamed for neglecting an affair of so much consequence or how these valuable ends I have mentioned can be now obtained is what I shall not pretend to determine.

But shall proceed Gentlemen to put you in mind that with your Bills the Law for appointing Circuit Courts expires A law which has produced the best effects of any I have had the pleasure of giving my assent to, and which the Country cannot now be without and therefore I hope you will loose no time to revive.

That your Coasts are naked and exposed is what you have been often told, and when his Majestie was willing most generously to assist you in fortifying the most exposed places of this Province his Bounty has not been accepted of is notorious to everybody.

Now a warr with France is begun with the greatest vigour and animosity on both sides, now when we may expect that the Enemy will invade and insult every corner of his Majestie's Dominions, Why the trade and navigation of the whole Province, why the lives and propertys of our fellow subjects living in the same society and under the same laws for the sake of a triffling expence should be so entirely neglected is to me perfectly unaccountable.

And now I am upon this subject I can't help mentioning to you the many defects of your militia law they are so notorious I need desend to particulars, and I am sure this is a proper season to rectifie things of this nature.

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I hope you will also consider what I have so often taken notice of formerly that is the shamefull condition of your Laws, How long Gentlemen must the Guardian and great security of all your lives & fortunes be left at the mercy of every ignorant transcriber and tossed about on loose scraps of paper I wish Gentlemen you may rescue your Laws from such unhandsome usage.

I am sure it will tend much to your Honour and to the advantage of the people you represent.

One great cause of all these misfortunes is the want of a fixed place for the dispatch of publick business.

It is impossible to finish any matter as it ought to be while we go on in this itinerant way.

I am sensible I have it in my power to settle this point with the advice of his Majestie's Council, but I assure you I cannot without great regret determine a matter that is of so much consequence to every man in the Province without your consent and concurrence which I shall always be glad to be guided by.

We have now tryed every Town in the Colony and it is high time to settle somewhere.

Mr Speaker & Gentlemen of the House of Burgesses, I hope you will apply yourselves to relieve your unhappy Country from these and many other misfortunes it at present groans under with diligence and zeal that no room may be left for those jealousies and animosities which have so fataly retarded publick Business in former Assemblies.

GAB. JOHNSTON

The House appointed John Harlow Messenger and Benjamin Fordham Doorkeeper

The House adjourned till to morrow morning 10 o'clock


Saturday the 17th November 1744. The House met according to Adjournment.

Mr Arthur Mabson one of the Members for Carteret County appeared.

Mr. Thomas Brown and Mr. Joseph Clark the two Members for Bladen County also appeared, took the oaths appointed by Law for their qualification subscribed the test and took their seats in the House according.

Mr. William Farris from the Committee appointed to prepare an address to his Excellency the Governor in answer to his Excellency's speech, brought an address which he read in his place.

Ordered the same be engrossed.

Read the petition of George Outlaw of New Hanover County praying to be exempt from paying taxes and all publick duties. Granted.

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Read the petition of Valentine Wallace of Carteret County praying to be exempt from musters & working on the roads. Granted.

Read the petition of John Webster of Carteret County praying to be exempt from musters and working on the roads. Granted.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

His Excellency the Governor sent a message to this House commanding their imediate attendance in the Council Chamber.

Mr Speaker and the rest of the Members waited on His Excellency in the Council Chamber when Mr Speaker declared to him the following address (to wit)

To his Excellency Gabriel Johnston Esqre Captain General, Governor & Commander in Chief in & over his Majestie's Province of North Carolina.

The humble Address of the General Assembly of said Province

May it please your Excellency,

We should be much wanting in duty to ourselves and especially as a body of Representatives met in Assembly if we did not take the first opportunity of acknowledging the satisfaction we have from your Excellency's speech so well calculated to put us in mind of the unhappy state of our currancy the defenceless condition of our coasts the great uncertainty of every man's property for want of reviseing and printing our Laws the necessity there is for supporting the Law for appointing Circuit Courts, the fixing some place where the Publick Office may be kept and for mending the Militia Law, in these and all other matters that may come before us your Excellency may be assured we are resolved to preserve that strict regard to the publick good and the Honour of this Assembly, so as to decline all debates and disputes but what effect these valuable purposes in which we are fully confident we shall have your Excellency's hearty approbation and concurrence.

SAM. SWANN Speaker.

For which his Excellency was pleased to thank this House.

Mr. Speaker & the rest of the Members returned

Mr. Farris moved that a Committee be appointed for stating and settling the Publick Accounts of this Province and the following persons were accordingly appointed. (to wit.) Mr. John Swann, Coll. Wm Wilson Mr. Tho. Barber Mr. John Starkey Mr. Wm Farris.

Mr. John Starkey moved that a Committee be appointed for settling and allowing Publick Claims of this Province and the following persons

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were accordingly appointed (to wit) Mr. Thomas Lovick Mr. Samuel Sinclare Mr. Edmond Smithwick Mr. George Moore Mr. James Castellaw.

Mr. John Starkey moved that a Committee be appointed to receive propositions and grievances and the following persons were accordingly appointed. Mr. Arthur Mobson, Mr. Jos. Clark, Mr. Wm Brice, Mr. John Leary, Mr. Sam. Taylor, Mr. John Smith, Mr. Wm Burgess, Mr. Stevens Lee, Mr. Jos. John Alston, Mr. Wm Waite, Mr. James Castellaw, Mr. Henry Baker.

Mr. William Farris moved that a Committee be appointed to consider ways and means for sinking the present currency.

Ordered that the motion be delayed till Monday.

The House adjourned till 10 o'clock Monday morning.


Monday 19th November 1744. The House met according to Adjournment.

Mr. John Hodgson, Mr. Joseph Anderson, Mr. Henry Baker & Mr. Dempsy Sumner four of the Members for Chowan County appeared.

Mr. Benjamin Peyton one of the Members of Beaufort County appeared.

Mr. James Craven Member for Edenton appeared.

Mr. Michael Coutauch Member of Bath Town appeared.

Mr. John Smith one of the Members for Hyde County appeared.

Mr. Tully Williams and Mr. McRora Scarborough two of the Members for Pequimons County appeared.

Mr. John Spiers one of the Members of Tyrrell County appeared and took the oaths by Law appointed for their qualification subscribed the test and took their seats in the House accordingly.

Ordered That Mr. James Craven and Mr. Joseph Anderson be added to the Committee of stating and settling the publick Accounts of this Province.

Ordered That Mr. John Smith and Mr. John Barrow be added to the Committee to receive propositions and grievances.

Mr. Farris moved that a Committee be appointed as well to consider of ways and means for sinking the present Currency as also to consider of bringing in a Bill for a new Emission of Currency.

Ordered That the following persons be appointed of said Committee (to wit)

Mr Anderson Mr Hodgson Mr Starkey Mr Craven Mr Baker Mr John Swann Mr Farris Mr Castellaw and Mr Dempsy Sumner and they were accordingly appointed.

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Sent the following message to the Council.

Gentlemen of his Majtie's honble Council,

We have appointed Mr John Swann, Mr John Starkey, Mr William Wilson, Mr Wm Farris, Mr Thomas Barker, Mr James Craven & Mr Joseph Anderson a Committee for stating and settling the publick Accounts.

And Mr Thomas Lovick, Mr George Moore, Mr Samuel Sinclare, Mr James Castellaw, and Mr Edmond Smithwick a Committee for settling and allowing publick Claims in conjunction with such Members of your House as your Honours shall think proper.

By order of the House.
SAM. SWANN. Speaker.

19th Novr 1744 Sent by Mr Castellaw and Mr Starkey.

The House adjourned till 4 o'clock.

P. M. The House met according to Adjournment.

Received from the Council the following message (to wit.)

Mr Speaker & Gentlemen,

In answer to your message by Mr Starkey and Mr Castellaw this House have appointed Eleazer Allen and Edward Moseley Esqrs to be a Committee to joyn yours on the publick Accounts and Mathew Rowan and Roger Moore Esqrs on the Claims.

By order of the Upper House
RICHd LOVETT. Clk.

Novr 19th 1744.

The House adjourned till to morrow morning 11 o'clock.


Tuesday the 20th November 1744. The House met according to adjournment.

The House adjourned till to morrow morning 9 o'clock.


Wednesday the 21st November 1744. The House met according to Adjournment.

Mr. John Hodgson reported from the Committee appointed to consider of ways and means for sinking the present paper currency and paying the publick debts of this Province as follows (to wit.)

Resolved. That a Land tax of three pence Proclamation money for every hundred acres be annually paid by every Land Holder in Commodities as by Law rated or in Bill money for and during the space of seven years to be collected by the Sheriff in every County at the times and in manner as all other taxes are paid. And that all persons who hold no lands in their own right shall annually pay a tax of one shilling Proclamation

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money per pole for every taxable person in their families for the said seven years to be collected & paid in the same manner as other taxes are and that the Sheriff shall annually sell the Commoditys and shall account with the Assembly and bring the Bills to be burnt annually.

Resolved. That for discovering what quantity of Lands are held by the proprietors every Land holder shall on or before And so yearly give an account on oath to a Magestrate of the County where he resides or to the County Court of the quantity he holds and where scituate under a penalty & that every Magestrate shall return such Accounts of Lands taken by him to the next County Court under a penalty and that the Clerk of each County Court shall make out a true Copy of all such accounts of Lands returned to the Courts by the Magestrates & returned to the Court by the persons themselves to be delivered to the Sheriff of the County under a penalty for which each Clerk shall be allowed a certain summe to be paid by the Sheriff out of the money collected and which shall be allowed in his accounts.

Resolved That every person who doth not hold in his own right one hundred acres of Land for every tithable person in his family shall pay for every tithable he hath more than one Taxable for every hundred acres one shilling Proclamation money per pole so as to make a more equal Taxation and that the Sheriff shall make distress for non payment of these taxes as of other Levys Which he read in his place

Ordered That Mr Anderson, Mr Hodgson, & Mr Thomas Barker prepare and bring in a Bill pursuant to the above report.

Mr Farris moved that the House resolve into a Committee of the whole House to debate the propriety of a new Emission of Currency.

Resolved The House resolve into a Committee of the whole House accordingly.

The House resolved into a Committee of the whole House and chose Mr Samuel Sinclare Chairman.

The Committee having fully debated the matter relating to the propriety of bringing in [a] Bill for emitting a new Currency

Resolved That a Bill be brought in accordingly.

Mr Speaker resumed the Chair.

Mr Chairman reported that the Committee are of opinion that a Committee be appointed to prepare and bring in a Bill for a new Emission of Currency. To which the House assented and

Ordered That Mr Wm Farris, Mr John Swann and Mr John Starkey do prepare & bring in a Bill accordingly.

The House adjourned till 3 o'clock.

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P. M. The House met according to Adjournment.

The House adjourned till to morrow 10 o'clock.


Thursday the 22nd of Novr 1744 The House met according to Adjournment.

Read the Petition of several of the Inhabitants of that part of Currituck called Matamuskeet. Praying a Bill be brought into this House to annex the same to Hyde County

Ordered. That Mr. Sinclare prepare & bring in a Bill pursuant to the Petition

Read the Petition of several of the Inhabitants of Chowan and Pequimons County. Praying a Bill be brought into this House to erect the upper part of said Counties into a distinct County.

Ordered That Mr. Sumner prepare and bring in a Bill pursuant to the said Petition.

Read the Petition of several of the Inhabitants of Pasquotank County. Praying a Bill may be brought in to erect the east side of Pasquotank river into a distinct County.

Ordered That Mr. William Burgess do prepare and bring in a Bill pursuant to said Petition.

Read the Petition of the upper Inhabitants of Craven County. Praying the upper part of Craven County may be erected into a distinct County.

Ordered. That Mr. Nixon do prepare and bring in a Bill accordingly.

Mr. Barrow moved for leave to withdraw from the service of this House on Saturday next until Wednesday following.

Ordered. To have leave accordingly.

The House adjourned till 3 o'clock

P. M. The House met according to Adjournment.

The House adjourned till 9 o'clock to morrow morning.


Fryday the 23rd of Novr 1744. The House met according to Adjournment.

Mr. Henry White one of the Members for Currituck County appeared and Mr. John Dawson one of the Members for Northampton County also appeared and took the oaths by Law appointed for their qualification subscribed the Test and took their seats in the House accordingly.

Mr. Hodgson from the Committee appointed for ways and means, for sinking the now current Bills of Credit and for discharging the Publick debts and for other purposes therein mentioned reported that they had prepared a Bill for the above purpose. Which he read in his place.

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Ordered The same pass & be sent to the Council.

Sent the foregoing Bill to the Council by Mr. Hodgson & Mr. Barker.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Mr. Barker moved that Mr. Thomas Lowther Accountant to this House be sent for in custody of the serjeant.

Resolved That he be sent for and that Mr. Speaker issue his warrant accordingly.

Mr. Barker moved that the absent Members who have not been excused by this House be sent for in custody.

Mr. Farris objected to the said motion and moved that the sending for the said Members be delayed.

Mr. Kenneday brought in a Bill for an Act for the better regulating the Militia of this Government. Which he read in his place.

Ordered The same lye on the Table.

Mr. Michael Coutauch moved for leave to withdraw from the service of this House till Tuesday next.

Ordered He have leave accordingly.

Mr. Benjamin Peyton moved for leave to withdraw from the service of this House till Monday next.

Ordered. He have leave accordingly.

The House adjourned till 9 o'clock to morrow morning.


Saturday the 24th of Novr 1744. The House met according to Adjournment.

Mr. Starkey brought in a Bill for an Act for laying out the several Counties therein named to make new roads and so forth. Which he read in his place.

Ordered The same pass & be sent to the Council Sent by Mr. George Moore & Mr. Sinclare.

Mr. Sinclare moved for leave to withdraw from the service of this House till Monday next.

Ordered He have leave accordingly.

Mr. Farris moved that Mr. Speaker may issue his warrant to bring before the Committee appointed by this House to examine, settle and state the publick Accounts all such persons who are Accountants to the House.

Resolved Mr. Speaker issue his warrant accordingly.

Received from his Majestie's Council the Bill for an Act for sinking the present Currency.

24th Novr 1744. In the Upper House read the first time & passed with Amendments.

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Mr. Brice moved that John Risnover be exempt from working on the roads and musters. Granted.

Mr. Brice moved that Francis Hill be exempt from paying taxes. Granted.

The House adjourned till 10 o'clock Monday morning.


Monday 26th of November 1744. The House met according to Adjournment.

Mr. Brice moved that a Committee be appointed to bring in a Bill for an Act for appointing a place for holding the supream Courts of Judicature and transacting other publick business. And the following persons were appointed a Committee for that purpose. Mr. Brice, Mr. Barker, Mr. Starkey, Mr. Anderson, and Mr. Hodgson.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Received from the Council the Road Bill. Endorsed. In the Upper House read the first time and passed with Amendments.

Mr. Farris moved that the Bill for sinking the present Bills of Credit Which was read accordingly

Mr. Farris moved the House be resolved into a Committee of the whole House to debate on the subject matter of the said Bill.

Resolved. The House resolve into a Committee of the whole House.

The House resolved into a Committee of the whole House And unanimously chose Mr. Sinclare Chairman—After some time spent therein the Committee resolved that several amendments be made in the said Bill.

Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had resolved that several amendments be made in the said Bill And reported the same accordingly.

Ordered The same amendments be made which was accordingly done.

Ordered The said Bill be sent to the Council.

The House adjourned till 9 o'clock to morrow morning.


Tuesday the 27th November 1744. The House met according to Adjournment.

Sent the Bill for sinking the Currency to the Council with amendments by Mr. Moore & Mr. Sinclare.

Mr Nixon brought in a Bill for erecting the upper part of Craven County into a County by the name of County and for impowering the Justices of said County to lay a pole tax of Proclamation money on the tithable Inhabitants of the same and for defraying the charges &

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expences of building a Court House, Prison and Stocks in said County and for other purposes therein mentioned. Which he read in his place.

Ordered The same be sent to the Council.

Sent the above Bill to the Council by Mr. Nixon and Mr. Brice.

Read the Petition of George Gould Surveyor General of the Province aforesaid. Praying this House would enable him by note or otherwise to take such Fees for surveying Lands as to them shall seem meet untill a Law may pass for settling the same.

Resolved. That the Petitioner demand and receive for each and every Survey he shall hereafter make by himself or Deputy the summe of ten pounds currant Bills of Credit until other provision shall be made by this House.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Read the Petition of Timothy Clancy of Onslow County. Praying to be exempt from working on the roads & musters. Granted.

Read the Road Bill the second time and passed with Amendments.

Ordered The same pass & be sent to the Council.

Sent the above Bill to the Council by Mr. Starkey and Mr. Mabson.

Mr. Nixon moved for leave to bring in a Bill to enable persons therein named to account with demand and receive of the Commissioners appointed for building a church in New Bern.

Ordered He have leave and that he prepare and bring in the same.

The House adjourned till to morrow 3 o'clock.


P. M. Wednesday 28th Novr 1744, p. m. The House met according to Adjournment.

The House adjourned till to morrow 9 o'clock.


Thursday 29th Novr 1744. The House met according to Adjournment.

Mr. Abraham Doncan was allowed the summe of twenty five pounds for House rent for the Council February Sessions of Assembly at Bath Town 1743.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Mr. Burgess brought in a Bill for an Act for erecting the North East side of Pasquotank County into a County by the name of Middlesex County and for impowering the justices of the said County to lay a levy or pole Tax of Proclamation money on the tithable Inhabitants of the same for defraying the charges and expenses of building a Court House

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Prison and Stocks in said County and for other purposes therein mentioned. Which he read in his place

Ordered the same pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Burgess and Mr. Sumner.

Mr. Sumner brought in a Bill for an Act for erecting the upper part of the County of Chowan and the County of Pequimons into a County by the name of       County and for impowering the justices of said County to lay a levy or pole tax of        Proclamation money on the tithable inhabitants of the same for defraying the charges and expences of building a Court House Prison and Stocks in said County and for other purposes therein mentioned. Which he read in his place.

Ordered the same to pass & be sent to the Council.

Sent the above Bill to the Council by Mr. Burgess and Mr. Sumner.

Sent the following message and resolve to the Council (to wit.)

Gentlemen of his Majties honble Council,

We have considered the Petition of George Gould Surveyor General of this Province and have passed the following resolution (to wit.)

In the General Assembly Resolved, That the said George Gould demand and receive for each and every survey he shall hereafter by himself or Deputy, make the sum of ten pounds Current Bills of Credit until other provision shall be made by the General Assembly.

And desire your Honour's Concurrence thereto. By order of the House.

SAM. SWANN, Speaker.

Mr. Stevens Lee reported from the Committee of Propositions and Grievances as follows (to wit.)

Resolved by this Committee that no produce of this Province, being accepted in payment of Quit rents of late years nor the current Bills at less than ten for one which is equal to sterling money as this from the great scarcity of Silver and Gold puts it entirely out of the power of the greatest part of the inhabitants of this Province to pay their Quit rents, being contrary to the Grand Deed and also a Law of this Province, is a very great grievance.

Resolved by this Committee that several persons pretending to hold or claim great tracts of Land in this Province by warrants, and keep the same uncultivated and where there have been surveys upon the said warrants the persons claiming by virtue of the said warrants pretend their Lands have not been surveyed according to their warrants which pretence prevents many persons settling in this Province is a very great grievance.

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That all Officers demanding new fees by authority of the Governor and Council for longer time than till the end of the next General Assembly after such order is contrary to the Law and a grievance.

And that any Court appointing new fees is contrary to the Laws of this Province and to the right of the subject.

Resolved by this Committee that the payment of the Powder money and footage money hath not answered the end designed, the Vessells having paid more for pilotage to Pilots since that Law than before is a grievance.

Resolved by this Committee that all single men & other strollers hunting, killing the Deer at all times leaving the carcases in the woods which bring down the vermin and increase them and also burn the herbage rarely pay any taxes or tend any corn is a grievance. And the Committee further recommend to the House that such persons should be obliged to plant and tend Corn and give security for their taxes under a penalty.

Resolved by this Committee that the property of all unmarked stocks are invested in the owners of the Land they range upon, or the stocks they range amongst unless any special property can be proved. And it is the opinion of this Committee that the rangers commission as it is now executed in killing people's unmarked stocks and driving about their marked stocks by Deputy's rangers or their Deputies' Deputies is a Grievance therefore [it is] our opinion that the House Do address His Excellency the Governor to move the Grievance aforesaid.

Resolved. That the preferring indictments at the General Court cognizable in the Circuit Courts against persons living within the jurisdiction of the same is a Grievance.

Resolved by this Committee that all malicious prosecutions against innocent persons when acquitted by the jury, Fees demanded from them by the Officers is A Grievance.

Resolved by this Committee that the attendance of twenty four jurors out of each County as jurors at the Assizes without anything to defray their expenses is A Grievance as less numbers might do and those allowed out of the Counties tax.

Resolved by this Committee that the practice of the several Sheriffs in the North part of this Province in summoning forty eight Grand Jurymen from eight Counties to serve at the General Court and great fines levied on those that do not appear when those that do appear have no allowance for their time nor expences is A Grievance.

Resolved by this Committee that to the Inhabitants of many Counties in this Province, the want of appointing military Officers to prevent General Musters is found to be very oppressive to such persons being

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obliged to attend General Musters out of the several Counties where they live is A Grievance.

HENRY BAKER
JOSEPH CLARK
STEVENS LEE
JOS. Jno ALSTON
ARTHUR MABSON
Wm WAITE
WILLIAM BRICE
SAMl TAYLOR
JOHN SMITH
JOHN SURRY.
WILLIAM BURGESS.

To which the House concurred.

Received from the Council the Bill for sinking the present currency. Endorsed in the Upper House the second time and passed.

And also the following Message with the said Bill.

Mr. Speaker and Gentlemen,

We send you the Bill for sinking the Bills of credit read in our House a second time and passed with such amendments as we conceive material and necessary to the end for which it is intended But as your House may differ perhaps in opinion with us, in the said Amendments, and as we are very willing to preserve that harmony and good understanding that ought to subsist between us. We therefore thought proper to send your our reasons, why we have judged such amendments necessary.

The first and most essential is the alteration of the nature of the Tax which we have made at 6d per hundred acres on all Lands, and the like summ on all Tithables inclusive of all slaves of any age, sex or denomination.

The reason for this was that we have never received any scheme or calculation from you of the number of acres of Land in this Province, we formed a judgement by one of our own, which we have reason to believe is pretty exact and having allowed two million five hundred thousand acres of Land taxable in the Province, and sixteen thousand Tithables we found that the annual summ these two articles would raise at the aforesaid rate amount to no more than nine hundred and fifteen pounds proclamation per annum which summe will sink the Bills in a little less than eight years but as this tax may probably be augmented by the addition of other lands and tithables within that space we thought it might be sufficient for the purpose within the time limited by the Bill, And to bear the charge that must necessarily attend the execution of it.

The next material alteration we have made is the species this tax was to be paid in and the method of collecting it, both which we think were left too loose and vague in the Bill as it came to us, all references to other laws in cases of this nature being in our apprehensions only so many

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holes and skulking places left open to evade the execution of it especially in this case when it is considered that the Law this Bill is supposed to referr to has still a reference to a prior Law & that Law repealed.

For these reasons we have specified the particulars in which this tax is to be paid, and therein mention but two Commodities, because they are both of them of universal value and may be easily brought to the place of payment Whereas had we included other bulky and perishable Commodities the charge attending their collection, the loss on the sale of them and other defalcations would have occasioned so considerable a reduction in the tax, that the end of it would in great measure be defeated.

It was for these reasons we made the Amendments as to the Commodities and the method of collecting them must follow of course.

The last Amendment Gentlemen is the striking out the clause for an allowance to the Council & Assembly and we should be heartily glad our reasons for this were fewer and less cogent than they are, nor can we conceive the least shadow of reason why this clause should be incerted in this Bill unless both Houses will consent to joyn in proclaiming that they are still resolved to persist in that little regard too often shewn to publick faith heretofore, a circumstance every man's understanding will suggest to him only on the consideration of the several laws that have been past since the year one thousand seven hundred and thirty four and five with regard to Taxes & Bills of credit which there is no reason to recapitulate because there are so many of your House who remember the affairs.

If you think Gentlemen that the payment of the Council and Assembly for their past services is of such consequence and a matter of justice you will at the same time think that the debts of the Province already allowed for several Committees should be likewise provided for and then a publick tax for that purpose only deducting what summs are due to the publick on the several acts whereby money has been raised will surely be thought as necessary and in this shape we think the two Houses can hardly disagree with each other on the matter.

The two alterations on the Title and preamble of the Bill you'l see to be necessary from the nature of the thing.

By order of the Upper House
RICHd LOVETT Clk.

November 29th 1744.

The House adjourned till 9 o'clock to morrow morning.


Fryday the 30th November 1744. The House met according to Adjournment.
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Received from the Council the message sent to them yesterday in relation to George Gould Esqre Surveyor General. Endorsed in Council 29th November 1744. Concurred to.

ELEAZ: ALLEN Chairman.

The House adjourned till half an hour past 3 o'clock.

P. M. The House met according to Adjournment.

The House adjourned till 9 o'clock to morrow morning.


Saturday the 1st December 1744 The House met according to Adjournment.

The House adjourned for an hour

The House met according to Adjournment.

Sent the following message to the Council by Mr. Farris and Mr. Sinclare, to wit

Gentlemen of his Majties honble Council

We shall in the strictest manner always endeavour to keep up that harmony and good understanding between the two houses so essentially necessary to the well transacting the business of the publick therefore as we cannot agree with you in the several amendments you were pleased to make to the Bill for sinking the publick Bills of Credit on it's second reading in your House, have by other amendments endeavoured to remove the causes of your objection and instead of a general tax of six pence per hundred acres of land and six pence on Tithables we propose a tax of one shilling and four pence on the Tithable persons in this Province only which we think will effectually answer the purpose intended by the said Bill in eight years the time now proposed. And we hope you will joyn in opinion with us when you consider on a moderate calculation there may be fourteen hundred thousand tithable persons in this province and there will be also a yearly encrease of them, the reason you give for your second Amendment of the said Bill, is that the species the Tax was to be paid in and the method of collecting it were left too loose and vague to remedy we have referred to the particular laws that are now in force, And the several commodities payable for other publick Taxes by those laws, (except beef) we have agreed shall and may be paid in discharge of this Tax, as we are of opinion that after all necessary charges & deductions are allowed this tax will be sufficient to answer the end designed.

As to your last Amendment in intirely striking out the clause for the payment of other publick debts we must desire you to consider that this Bill is calculated for sinking the whole of the Publick Bills of Credit

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that are now subsisting current in this Province as a debt occasioned by the funds for sinking the same being unavoidably broke in upon by the several exigencies that have happened on the affairs of this Province and as the summe to be raised by this tax will sink the whole Bills that have emitted in the space of eight years as is proposed

And that a summe of money will be remaining in the hands of the Treasurers of the several Countys near sufficient to pay of the other debts due from the Publick we cannot see there is any shadow of reason why those money should not be applyed to that purpose, as such an application would not in any manner break in on the fund or tax now laid which as we before observed will sink the whole of the Bills of Credit that have been emitted in this Province in the time in the said Bill limitted. Therefore we have again incerted the clause for applying the money in the hands of the several Treasurers as aforesaid to the payment of several summs due from the Publick to the several persons as by the estimate annext to the Bill will appear and for the compleating of which desire your Honours will send an estimate of what is due to the Members of your House to be incerted. And we hope you can have no objection to a Bill so well calculated for sinking the Bills of Credit And paying the just debts of the Publick which are the only ends designed by it.

Mr. Castellaw produced the reports from the Committee of Publick Claims to this House which was agreed to.

The House adjourned till Monday 10 o'clock.


Monday the 3d December 1744. The House met according to adjournment.

Mr. Mcrora Scarborough acquainted this House that Mr. George Durant one of the Members for Pequimons County is dead therefore moved his Excellency the Governor be addressed to order the Clerk of the Crown to issue a writ to elect a Member to serve in the General Assembly in the room and stead of the said George Durant deceased.

Resolved his Excellency the Governor be addressed accordingly.

Mr. George Moore moved for leave to be absent from the service of this House.

Ordered he have leave accordingly.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Sent the Bill for sinking the present Currency to the Council by Mr. Lovick, Mr. Scarborough.

The House adjourned till to morrow 8 o'clock.

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Tuesday the 4th Decr 1744.

Mr. Craven produced the following Accounts to this House (to wit.)

THE PUBLICK OF NORTH CAROLINA TO GEORGE LISLES AND JOHN HARLOW
Dr
To executing a warrant from the House when sitting at Bath on Mr. James Sumner a Member thereof for Pequimons County Ten days at thirty shillings per diem.
15.
To Do on Mr. Caleb Sawyer Member of Pasquotank County twelve days at thirty shillings per diem.
18.
To Do on Mr. Thomas Pindelton as above.
18.
To Do on Mr. Thomas Lowther Member for Currituck County, 14 days at 30s per diem.
21.
To Do on Mr. Thomas Hunter 12 days at thirty shillings per diem.
18
George Lisles
111.
THE PUBLICK OF NORTH CAROLINA TO GEORGE LISLES.
Dr
To executing a warrant from the House when sitting at Edenton On Mr. Simon Bryan a Member thereof for Pasquotank County six days at 30s per diem.
9.
To Do on Mr. Thomas Pendelton as above.
9.
To Do on Mr. Caleb Sawyer.
9.
To Do on Mr. Wm Surry Member for Currituck County 8 days at 30s per diem.
12.
To Do on Mr. Henry White as above.
12.
To Do on Mr. Caleb Wilson
12.
George Lisles
£63.

Resolved That the foregoing persons pay unto the said George Lisles and John Harlow the several summs to their name annexed before the next General Assembly otherwise they be sent for to answer to the House for such their contempt.

Sent the following message to his Excellency the Govr

May it please Your Excellency,

Mr. George Durant one of the Members for Pequimons is deceased. Therefore pray your Excellency to order the Clerk of the Crown to issue

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a writ to elect a Member to serve in the General Assembly in the room of the said deceased. By order of the House.

SAM. SWANN. Speaker.

Mr. Joseph Anderson from the Committee of Accounts reported as by book.

Sent the following message to the Council.

Gentlemen of his Majties honble Council.

The Committee of Accounts having received from several of the Accountants the summe of one hundred fifty two pounds seventeen shillings and eleven pence. Therefore we have resolved that the several charges for the Council room and the Committee of Claims and Accounts at Bath Town and New Bern and the Committee of propositions and grievances at New Bern To be paid as follows to wit.

£ s. d.
Mrs. Lister for Council room at New Bern
30
Mrs. Howant at Bath Town for the Committee Accts
15.
Mr. Arr Johnson for Committee claims at New Bern
15.
Mr. Adams at New Bern for Committee Accounts.
15
Mr. Higgins for Comttee of propositions & Grievances
6.
10
Mr. Maccubbins for benches for Assembly.
2.
15.

And that the several Clerks of the Committees after the above is paid shall be paid out of the remainder of the said money the sums following to wit.

To Richard McClure for acting as Clerk to Committee
of Public Accounts at Bath and this present sessions.
100
To George Maccarthy Clke Committee Claims this session.
25
To Rowland Porter Finch Clke Committee Claims at Bath.
15

In equal proportion as far as the same will extend to which we desire your Honour's Concurrence.

By Order.
SAM. SWANN. Speaker.

Sent the following message to the Council

Gentlemen of his Majtie's honble Council

We send you herewith the reports of the Committee of Accounts and of the Claims that have been allowed of by this House this Sessions. And desire your Honour's Concurrence thereto.

By Order.
SAM. SWANN. Speaker.

Received from the Council the following message.

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Mr Speaker & Gentlemen,

On reading the Bill for sinking the now current Bills of Credit a third time in our House we find so many clauses in it lyable to exception that we have unanimously rejected it, and are heartily sorry Gentlemen a Bill of this consequence should be so clogged with foreign (as we conceive) unreasonable Clauses as to render it impossible for us to assent to without departing from our duty both to his Majesty and the whole Province which shall be always the rule of our conduct.

By order of the Upper House.
RICHd LOVETT. Clke

Dated 4th Dec: 1744.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

His Excellency the Governor commanded this House's immediate attendance in the Council Chamber.

Mr Speaker with the House waited on his Excellency the Governor in the Council Chamber. When his Excellency was pleased to Prorogue this Assembly to the first Tuesday in April next then to be held in New Bern.

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

Test:

Wm HERRITAGE Clerk General Assembly.