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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
June 12, 1746 - June 28, 1746
Volume 04, Pages 814-834

[B. P. R. O. B. T. Vol. 28.]
LEGISLATIVE JOURNALS.
North Carolina—ss.

At an Assembly begun and held at New-Bern the Twelfth day of June in the Twentieth Year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain, France & Ireland King (& so forth) And in the Year of Our Lord One Thousand seven Hundred and Forty six being the first Session of this Present Assembly.

Pursuant to the several Writts for Electing Members, Representatives for the several Counties and Towns within this Province to serve in this Present Assembly. The following Persons were returned. Vizt

Chowan—Mr. Peter Payne, Mr. Joseph Blount, Mr. Joseph Anderson, Mr. John Benbury

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Pasquotank County—Mr. Julius Cæsar Park

Currituck County—Mr. Caleb Wilson, Mr. Henry White, Mr. Thomas Lowther, Mr. William Shergoold

Edgcomb County—Mr. John Haywood, Mr. Joseph Howell

Onslow County—Mr. Samuel Swann, Mr. John Starkey

New Hanover County—Mr. Samuel Swann

Bertie County—Mr. John Wynns.

Tyrell County—Mr. Steven Lee, Mr. William Maccay, Mr. Samuel Spruell, Mr. Edward Phelps, Mr. James Blount

Beaufort County—Mr. John Barrow

Craven County—Mr. James Macklewean, Mr. Francis Stringer

Carteret County—Mr. Thomas Lovick, Mr. Arthur Mabson

New-Bern—Mr. Thomas Pearson

Edenton—Mr. James Craven

Wilmington—Mr. Thomas Clark.

Who took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

His Excellency the Governor sent a Message to this House Commanding their Attendance in the Council Chamber.

The House in a full body waited on His Excellency in the Council Chamber when His Excellency was pleased to command them to return and make choice of a Speaker.

The House being returned Mr. John Starkey moved that as Mr. Samuel Swann had been Speaker heretofore and no objection lay against his behaviour in that Station he may be chosen Speaker, which pass'd, Nem Contradicente.

The House returned to His Excellency in the Council Chamber and presented Mr. Samuel Swann for Speaker of this House for His Excellency's approbation who was pleased to approve of their choice, & made the following Speech. Vizt

Gent of His Majesty's Council, Mr. Speaker & Gent of the House of Burgesses

It is with the greatest pleasure that I can inform you now at your first meeting that His Majesties Victorious Arms have got the better of that unnatural rebellion which for this Eight months past has so violently disturbed the peace of our Mother Country and so much alarmed all the friends of our happy Constitution in Church & State. It will no doubt be a mighty satisfaction to you that all those desperate attempts against the best of Kings (who has always made the Laws of the Land the rule of his Government and who has always discovered a most tender

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and paternal care for the liberties and interests of all even his remotest Subjects) are now disappointed and are turned to the Confusion of his and our Enemies.

Mr. Speaker, It has been the cause of great grief and anxiety to me that in such perilous times when a Foreign and Civil War are raging at the same time that this Country should be without a proper Law for regulating the Militia by which we are rendered incapable of assisting our fellow Subjects or defending ourselves if we should be invaded by a Cruel and merciless Enemy. There are many other misfortunes which this Country labours under and cannot be remedied without the help of the Legislature. I have often repeated them to former Assemblys but with very little success, I have no delight in repeating them. You are all of you sufficiently apprized of them.

The People already begin to feel them and will every day feel them more severely if not speedily redressed.

I shall only then Gentlemen assure you, and I do it with great truth and sincerity that I shall always be ready cheerfully to concurr with you in anything which tends to the Publick Emolument and the greater number of good Laws you pass, the greater pleasure you will do me.

The House adjourned till 4 o'clock.

P. M. The House met according to Adjournment.

Mr. Wyriot Ormond member for Bath Town, Mr. John Hodgson member for Chowan County, Mr. Benjamin Hill & Mr. James MacDowell two of the Members for Northampton County, Mr. Luke Sumner one of the Members for Pequimons County appeared, took the oaths by Law appointed for their Qualification subscribed the Test, and took their seats in the House.

Mr. John Starkey moved that a Committee be appointed for examining stating and settling the Publick Accounts of this Province, and the following Persons were accordingly appointed. Vizt

Mr. John Starkey, Mr. Joseph Anderson, Mr. Benjamin Hill, Mr. James Craven & Mr. Peter Payne.

Mr. John Hodgson, Mr. John Starkey, & Mr. Wyriot Ormond were appointed to prepare an Address in answer to His Excellency the Governor his Speech, and that when prepared they lay the same before this House.

Mr. John Hodgson moved that the following Persons be appointed a Committee for Examining and allowing Publick Claims Vizt

Mr. Thomas Lovick, Mr. John Dawson, Mr. John Haywood, Mr. Luke Sumner & Mr. Caleb Wilson. Who were accordingly appointed.

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Mr. John Hodgson moved that a Committee be appointed for receiving propositions and grievances, and the following Persons were accordingly Appointed Vizt

Mr. Wyriot Ormond, Mr. Thomas Clark, Mr. Thomas Lowther, Mr. John Edwards, Mr. Stevens Lee, Mr. Francis Stringer, Mr. John Banbury, Mr. John Starkey, Mr. Luke Sumner, Mr. Arthur Mabson, Mr. Julius Cæsar Park, Mr. John Wynns & Mr. Joseph Howell.

Mr. Samuel Swann being returned Member to serve for the County of Onslow and also for the County of New Hanover and being asked by the House which of the two Counties he would serve for, declared he served for Onslow County, whereupon Mr. Thomas Clark moved that His Excellency the Governour be addressed to order the Clark of the Crown to issue a writt for electing a Member to serve in this Assembly for New Hanover County in the room of Mr. Samuel Swann who has as aforesaid declared for Onslow County.

Resolved His Excellency the Governour be addressed accordingly.

Sent the following Message to His Excellency the Governour.

May it please your Excellency.

Mr. Samuel Swann being returned by the Sheriff of New Hanover County, and also by the Sheriff of Onslow County duely elected Member to serve in this Assembly for each of the said Counties, and has declared to this House that he serves for Onslow County. Whereupon for want of a member the said County of New Hanover cannot be duly Represented.

We therefore desire your Excellency would be pleased to order the Clerk of the Crown to issue a writt for Electing a Member to serve for New Hanover County in the room of Mr. Samuel Swann who has declined serving for this County as aforesaid.

By Order
SAMUEL SWANN Speaker

June 12th 1746.

Sent the following Message to the Council (that is to say)

Gent: of His Majestys Honble Council

We have appointed Mr. John Starkey Mr. Joseph Anderson, Mr. Benjamin Hill, Mr. James Craven, Mr. Peter Payne, a Committee of this House on the Publick Accts and Mr. Thomas Lovick, Mr. John Dawson, Mr. John Haywood Mr. Luke Sumner & Mr. Caleb Wilson a Committee of this House for allowing Publick Claims to joyn such Members of your House as your Honours shall think proper for that purpose.

By Order
SAMUEL SWANN Speaker.

June 12th 1746.
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The House adjourned till to-morrow 8 o'clock


Fryday, 13th June 1746. The House met according to Adjournment.

Mr. Macrora Scarborough, Mr. John Harvey, two of the Members for Pequimons County, Mr. Benjamin Peyton, one of the Members for Beaufort County, Mr. Thomas Pendleton one of the Members for Pasquotank County appeared took the Oaths by Law appointed for their Qualification, subscribed the Test and took their seats in the House

Mr. Craven moved that a Committee be appointed to inspect the Militia Law & Report what Amendments are Required therein.

Ordered, That Mr. James Craven, Mr. Macrora Scarborough, Mr. Julius Cæsar Park, Mr. Peter Payne, Mr. Wyriot Ormond, Mr. Benjamin Hill, do inspect the said Law and report ut supra.

Mr. Craven moves for leave to bring in a Bill to direct the method of Inspecting the several Comodities of this Province.

Ordered to have leave and that Mr. Craven & Mr. Payne do prepare & bring in the same.

The House adjorned for half an hour.

The House met according to Adjournment

Mr. John Hodgson from the Committee appointed to prepare an Address to His Excellency the Governour in Answer to His Excelys Speech. Reported that the said Committee had prepared the same which he read in His place.

Ordered, The same be Engrossed.

The House adjourned till 3 oClock.

P. M. The House met according to Adjournment.

His Excellency the Governour sent a message to this House commanding their immediate Attendance in the Council Chamber.

The House in a full body waited on His Excellency the Governour in the Council Chamber when Mr. Speaker presented His Excellency with the following Address. Vizt

North Carolina—ss.
To His Excellency Gabriel Johnston Esqre Capt General Governor and Commander in Chief in and over the said Province. The Humble Address of the General Assembly of the sd Province. May it please your Excellency,

It is with the greatest pleasure & satisfaction we receive from your Excellency the agreable news of the success of His Majestys Arms and the suppression of the unnatural Rebellion, and hope His arms will ever

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prevail against such daring attempts against His Person and Government and such violent disturbers of the peace & Tranquility of our Mother Country.

We shall take care to supply what defects may be in our Militia Law so as to render us capable to defend ourselves and (as far as the Circumstances of our Constituants will admit) assist our neighbours in case of any invasion.

We believe this House in former Assemblys had the Publick good at heart and endeavoured to remedy the misfortunes & inconveniencies this Country laboured under, and assure your Excellency we are now met with the same views, and it shall be our study and care (with the Concurrence of the other branch of the Legislature) to pass such Laws which may promote the welfare and Interest of this Province.

The pleasure your Excellency expressed in your Speech, the making a number of good Laws would give you, and your ready concurrence in everything which may tend to the Publick emolument and which we have no reason to doubt from the kind assurance you have given us, lays us under an obligation to return your Excellency our sincere thanks, and will incite us to proceed with alacrity and cheerfulness.


13th June 1746.
SAMUEL SWANN Speaker.

Mr. Craven moved that a Committee be appointed to prepare and bring in a Bill to settle the seat of Government & transacting Publick Business & to regulate the Practice of the Courts of Justice.

Ordered, that Mr. James Craven, Mr. John Hodgson, Mr. Joseph Anderson, Mr. Wyriot Ormond Mr. John Haywood do prepare and bring in the same

Mr. Thomas Lowther moved that a Committee be appointed to prepare and bring in a Bill for regulating the Fees of the several officers in this Province.

Ordered, that Mr. John Starkey, Mr. John Edwards, & Mr. James Craven do prepare and bring in the same.

The House adjourned till to morrow 12 o'clock.


Saturday 14th June 1746. The House met according to adjournment.

The House adjourned till Monday 10 o'clock.


Monday 16th of June 1746. The House met according to Adjournment.

Mr. John Smith one of the Members for Hyde County, and Mr. William Bartram one of the Members for Bladen County appeared took the Oaths by Law appointed for their Qualification subscribed the Test & took their seats in the House.

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


Tuesday 17th June 1746. The House met according to Adjournment.

Read the Petition of the Meherin Indians, setting forth the hardships they labour under by reason of the white people intruding on their Possessions and also that the Commissioners appointed by an Act of the General Assembly to settle the said Indians in the quiet possession of their possessions, and praying relief thereon.

On reading of which said Petition Mr. Benjamin Hill moved for leave to bring in a Bill pursuant to a prayer of the sd Petition.

Ordered that he have leave & that he prepare & bring in the same.

Mr. Ormond from the Committee appointed to Inspect the Militia Law Reported the said Committee had inspected the said Law and had made remarks on the several Amendments required therein, and brought in a Bill for regulating the Militia Law, which he read in his place.

Ordered the same pass.

Sent the said Bill to the Council by Mr. Wyriot Ormond & Mr. Benjamin Hill.

Mr. Benjamin Hill brought in a Bill for the more quieting the Meherin Indians in their Possessions, which he read in his place.

Ordered the same be sent to the Council.

Sent the same to the Council by Mr. Wyriot Ormond and Mr. Benjamin Hill.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Read the Petition of Thomas Giddins of Beaufort County Praying to be exempt from paying Publick Taxes. A certificate appearing from the Court of the County of Beaufort of his inability to pay such taxes.

The prayer of the said Petition Granted.

His Excellency the Governor was pleased to lay before this House the following Letter and Abstracts of the Minutes of the Commissrs of Indian Affairs in New York etc as follows.


New York, 31st March 1746.
Sir,

I acquainted you the 27th January last that Committees of both Houses had requested me to appoint Commissioners to treat with Commissioners to be appointed by the Neighbouring Governments, touching our mutual security and defence during the present war, I have accordingly appointed Commissioners for that purpose so has Governour Shirley and I hope the like steps will be taken by your Government without delay.

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In the mean time I have inclosed Abstracts of the minutes of the Commissrs of Indian Affairs of 25th of February last containing the resolution of the six nations of Indians as signified by the Interpreter in answer to my Message requiring them to enter into the war with us against the French and Indians in alliance with them that it may appear to you how highly it imports the several Colonies upon the Continent to unite their Endeavours with this, effectually to preserve the six nations & other Indians in alliance with us and them in their Fidelity to His Majesty and dependance upon the British Interest as all are so nearly concerned in the Consequences of their revolt which seems next to be apprehended since they have refused engaging in the War.

I am with great respect Sir
Your most obedient Humble servant
GEO CLINTON.

At a meeting of the Commissrs of Indian Affairs the 22nd of January 174⅚

Present The Commisrs of Indian Affairs.

The Commissioners gave the following Instructions to the Interpreter whom they sent to each respective Castle of the six Nations.

“You are commanded to go forthwith to each of the Castles of the six Nations and tell them that the Governour orders them to take up the Hatchet and joyn with us against the French & their Indians according to their engagement, since the insults committed at Saraghtoga take away all hopes of a neutrality. You are to acquaint them there is a reward to Twenty pounds for every male prisoner of the enemy above the age of sixteen years and ten pounds for the scalp of a male enemy above that age and for scalps of males under that age £5, and for male prisoners under that age £10 to be paid to them immediately for each prisoner or scalp brought to the Commrs. You are to ask them the reason why they did not find ten men of each Castle to go on the scout as they promised you. You may take with you four white men Indians for your assistance.

You are to inform yourself of all news amongst them, and if any French or french Indians are now or lately have been there, if you hear anything of moment you are to dispatch a messenger to us and to confirm this message we give you a Belt & seven bands of Wampum, Dated as above


February 25th 174⅚

The Interpreter being returned said that four of the principal Sachims of each nation met at Onandage where he delivered his Message to the whole Assembly and four days after received for answer as follows.

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They said, “After they had fought against one another all the last war, they at last concluded a peace with their Enemys which they were still resolved to maintain with those in alliance with them, that it was very hard for them to enter into a War, the Indians of the six nations and the French Indians all spring of our Blood, they had made marriages and Alliances with one another, it was much easier for the white people to go to war than they, the Kings of the white people make war and conclude peace and the subjects must obey but they had no King so that if they should enter into war against one another the war would continue for ever, whereupon they refused to take up the Hatchet with the English or to have anything to do with the war against the French & French Indians.

They desired the Governour would not think this their refusal makes any breach in the Covenant Chain for in their former wars all their Castles had been cut off by the French, and that they had often applyed for assistance but had none. The Mohawks only accepted and they did not look upon that as a breach of the Covenant Chain.

The Interpreter represented to them the Conditions of the Covenant Chain and that they had taken up the Hatchet when His Excelly the Governour was last at Albany and promised to make use of it when the Governour ordered them, but notwithstanding this and several other things the Interpreter then mentioned to them they absolutely refused to have anything to do in the war with the English against the French & French Indians.

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


Wednesday 18th June 1746. The House met according to Adjournment.

Received from the Council the following Bills (that is to say) The Militia Bill and the Bill for quieting the Possession of the Meherin Indians. Endorsed June 18th 1746 In the Upper House read the first time & passed.

Mr. John Haywood brought in a Bill to divide Edgcomb County, which he read in his place.

Mr. Peter Payne moved that a Committee be appointed to prepare a Bill for facilitating the Navigation of this Province and the following Persons were accordingly appointed Vizt

Mr. John Haywood, Mr. Julius Cæsar Park, Mr. Joseph Blount, Mr. James McDowell, Mr. Thomas Pearson, Mr. William Maccay & Mr. James Blount

Received from the Council the following Message Vizt

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Mr. Speaker and Gent.

On reading the Message of your House regarding the Committees upon the Publick Claims & Accounts This House thought fitt to appoint the Honble Mathew Rowan and Roger Moore Esqr upon the Claims. And the Honourable Edward Moseley and William Forbes Esqrs on the Accounts to joyn those of your House

By Order of the Upper House


June 13th 1746.

Sent the Bill, for an Act to divide Edgcomb County, to the Council By Mr. John Haywood & Mr. Joseph Howell.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Mr. John Haywood moved that two or more members of this House might be added to the Committee of Claims.

Ordered That Mr. James McDowel & Mr. Benjamin Peyton be according added to the said Committee

The House adjourned till to morrow 9 o'clock.


Thursday the 19th of June 1746. The House met according to Adjournment.

Mr. Francis Stringer brought in a Bill for erecting the Upper part of Craven County into a County & Parish, etc which he read in his place.

Ordered the same pass & be sent to the Council

Sent the above Bill to the Council by Mr. Francis Stringer & Mr. James Macklewean

The House adjourned till 3 olclock.

P. M. The House met according to Adjournment.

Mr. Julius Cæsar Park reported from the Committee of Propositions & Grievances as follows (that is to say)

North Carolina—ss.

At a Committee of Propositions and Grievances for this Province the 13th day of June 1746 Anno Dom:

Present.
Mr. Thomas Clark
Mr. Joseph Howell
Mr. John Wynns
Mr. Julius Cæsar Park
Mr. John Starkey
Mr. Art. Mabson
Mr. Stevens Lee
Mr. Francis Stringer
Mr. Tho: Lowther
Mr. Jno Edwards,
Mr. Jno Benbury.
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The Committee having met they proceeded to make choice of a Chairman and thereupon chose Mr. Julius Cæsar Park who took his place accordingly.

The Committee taking into Consideration the necessity there was to have a Clerk Chose Henry Delon to act as such.

Resolved by this Committee that so many of the Grievances reported by the Committee of Grievances last Assembly as remain unredressed be again Reported.

Resolved, By this Committee that no produce of this Province being accepted in payment of Quit rents of late Years which from the great scarcity of silver & gold puts it entirely out of the power of many of the Inhabitants of this Province to pay their Quit rents is a very great grievance.

Resolved by this Committee that persons holding large Tracts of Land in this province by Warrants or otherwise and not seating & cultivating the same hinders numbers of strangers from settling amongst us is a great grievance.

Resolved, By this Committee that Officers under colour of their Office having taken new Fees not warranted by Law, & having extorted greater Fees than allowed by Law is an Oppression of the subjects and a great grievance.

Resolved, by this Committee that whereas the payment of the Powder and Footage Money hath not Answered the ends designed the Vessels having paid more for Pilotage to Pilots since that Law than before it is now become a Dead Weight upon Trade and a Great Grievance.

Resolved by this Committee that the Rangers Commissions as now executed by their Deputies & sub deputies in killing and branding Peoples unmarked Stocks and driving about their marked Ones is a great Grievance. It is the Opinion of your Committee that the Property of all unmarked Stocks is Vested in the Owners of the Land they range upon or the Stocks they range among unless any special property can be proved.

Resolved by this Committee that the summoning so great a number of Jurymen to attend at the General and Circuit Courts as is now practiced is become burthensome and a great Grievance. And it is the Opinion of your Committee that a lesser number may serve and that they ought to be allowed something towards their Expences out of the County Taxes or otherwise.

Resolved by this Committee that the dis-use or the uncertain holding of the Court of Chancery, whereby the suitors are delayed or disappointed is become a great Grievance.

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Resolved by this Committee that the obliging Persons to go thro all the Forms and paying the Fees for administration on Very small Estates is become a Grievance.

Resolved by this Committee that Mr. Secretarys leting out the County Clerks places for such large salaries or shares whereby they may be tempted to extort on the people and few but necessitous Persons care to accept of the said Office on such Conditions so that the duty is poorly performed, and that the said Clerks not residing in their Respective Counties is become a Grievance.

Resolved by this Committee that the so long delaying the printing of the Laws that persons concerned scarce know when they transgress them, and thereby through ignorance become lyable to Fines and Punishments is a very great Grievance.

Resolved by this Committee that the uncertain and Itinerant condition of the Secretary's office and the carrying of Records & other Papers from place to place over great Ferrys and on Horseback whereby the Titules of many People may become precarious is a very great Grievance.

From the Complaint of several of the Members of the Counties of Bertie and Tyrrell where His Excellency the Governor hath Plantations and Quarters that the several Overseers have absolutely refused to send his slaves under their care to work on any roads and also to return any list of their Tythables and the officers have been deterred by menaces from making distress as the Law directs by which Practise the labour falls heavier on the rest and the Taxes the larger your Committee is of opinion it is a great Grievance to those Counties.

From the Complaints of the Gentlemen from Pasquotank County that Colonel Thomas Hunter late Sheriff of that County and a select number of Justices as they suggest made for that purpose have misapplyed a large sum of money raised on that County for building a Prison and Warehouse whereby the County has been in a manner defrauded. Your Committee propose the said fraud (if any) may be inquired into and such relief given as the House shall think fitt.

JULIUS CæSAR PARK,
JOSEPH HOWELL,
THOMAS LOWTHER,
JOHN EDWARDS,
JOHN BENBURY,
JOHN WYNN,
JOHN STARKEY,
STEVENS LEE,
THOMAS CLARK,
ART. MABSON.

To all which Reports the House concurred.

Mr. Francis Stringer produced to this House a certificate from the County Court of Craven certifying that Joseph Maner is a very poor man and not able to pay Levies or Taxes.

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Ordered to be exempt from paying Publick Taxes.

Mr. Francis Stringer produced to this House a certificate from the County Court of Craven certifying that Philip Wothers & John Lord are very poor men and not able to do Publick Services nor pay Publick Taxes.

Ordered they be exempt from Publick services and from paying Publick Taxes.

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


Fryday the 20th of June 1746. The House met according to Adjournment.

Mr. Thomas Weeks one of the Members for Pequimons County, Mr. Symon Bryan, Mr. Joseph Bayly and Mr. Benjamin Simons for Pasquotank County appeared, took the oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

Read the Bill for regulating the Militia of this Government.

Mr. Starkey moved that the House resolve into a Committee of the whole House to debate the several Clauses in the sd bill contained.

The House resolved into a Committee of the whole House and chose Mr. John Starkey Chairman.

After the Committee had debated on the several Clauses in the said Bill contained and agreed to and made several Amendments therein. Mr. Speaker resumed the Chair.

Mr. Chairman reported to the House that the Committee had agreed to and made several Amendments in the said Bill.

Ordered the said Bill be read with the said Amendments.

The said Bill with the Amendments were accordingly read.

Ordered the same pass with the said Amendments and be sent to the Council.

Sent the said Bill to the Council by Mr. Wyriot Ormond and Mr. Scarbrough.

Mr. Francis Stringer moved for leave to absent himself from the service of the House till Monday next.

Ordered he have leave accordingly.

The House adjourned till 4 o'clock.

P. M. The House met according to Adjournment.

Read the Petition of several of the Inhabitants of Bladen and New Hanover Counties. Setting forth the great hardships they labour under by Stock ranging in the Back Woods in the winter range. Praying to be relieved in the Premises.

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Mr. Bartram moved for leave to bring in a bill pursuant to the prayer of the said petition.

Ordered that Mr. Thomas Clark, Mr. William Bartram, and Mr. John Starkey do prepare and bring in the same.

Read the Petition of several of the Inhabitants of Pasquotank County praying an Act might pass for Erecting a Town in Pasquotank County etc.

Ordered that Mr. Julius Cæsar Park, Mr. Thomas Pendleton, and Mr. Simon Bryan do prepare and bring in the same.

Read the Bill the second time for the more quieting the Maherin Indians in their Lands with Amendments.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. Benjamin Hill and Mr. James McDowell.

Mr. John Barrow moved for leave to absent himself from the Service of the House till Monday next.

Ordered he have leave accordingly.

The House Adjourned till to-morrow 9 o'clock


Saturday the 21st of June 1746. The House met according to Adjournment.

Mr. John Smith Junr One of the Members for Hyde County appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his seat in the House.

Mr. James Blount produced an Order of Tyrrell County Court wherein John Browning desires to be exempt from working on the Kings High Roads.

Ordered by this House that the said John Browning be exempt accordingly.

Mr. Julius Cæsar Park moved for leave to bring in a Bill for an Act to appoint a Committee to enquire into the state of the Accounts of the late Thomas Hunter, Treasurer & Sheriff of Pasquotank County as far as relates to moneys by him received as Treasurer & Sheriff of the said County.

Ordered he have leave & that he prepare & bring in the same.

Mr. Ormond moved for leave to bring in a Bill for an Act to fix the seat of Government in this Province.

Ordered he have leave, and that Mr. James Macklewean, Mr. Wyriot Ormond and Mr. Stevens Lee do prepare the same.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Mr. Wyriot Ormond from the Committee appointed to prepare a Bill for an Act to fix the seat of Government and for keeping Publick offices

-------------------- page 828 --------------------
for appointing Circuit Courts and defraying the Expences thereof and also for Establishing the Courts of Justice and regulating as well the proceedings as the Attorneys and practisers of the Law therein, Which he read in his place.

Ordered the said Bill be sent to the Council.

Sent the said Bill to the Council by Mr. Peter Payne & Mr. Thomas Lovick.

The House adjourned till Monday morning 10 o'clock.


Monday the 23rd of June 1746. The House met according to Adjournment.

Mr. Benjamin Hill moved for leave to bring in a Bill for an Act to appoint an Overseer to build a Bridge over Pollacasy near James Denton's in Bertie County to keep the same and the roads thereto leading in repair and to order what Persons shall work thereon, Which he read in his place.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. James Macklewean and Mr. John Haywood.

Received from the Council the Bill for an Act to fix the seat of Government etc. Endorsed June the 26th In the Upper House read the first time and passed. By Order

Received from the Council the following Bills, Vizt

The Bill for Erecting the Upper Part of Craven County into a County & Parish, etc. Endorsed, in the Upper House read the first time & passed June 23rd 1746. By Order.

Read the Bill for an Act for Erecting the Upper part of Craven County into a County and Parish the second time & passed with amendments.

Sent the same to the Council by Mr. James Macklewean and Mr. John Haywood.

Received from the Council the Bill for the better regulating the Militia of this Government. Endorsed, In the Upper House read the second time and passed with Amendments. By Order.

Read the second time the Bill to divide Edgcomb County and passed with Amendments.

Sent the same to the Council by Mr. James Macklewean and Mr. John Haywood.

Mr. John Smith produced to this House a Certificate from Hyde County Court thereby certifying that John Spring ought to be exempt from paying Publick Taxes & doing Publick Dutys.

Ordered to be exempt accordingly.

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The House adjourned till to-morrow 8 o'clock.


Tuesday the 24th of Jnne 1746. The House met according to Adjournment.

Mr. Julius Cæsar Park brought in a Bill for an Act to Appoint Commissioners to enquire into the state of the Accounts of the late Thomas Hunter late Treasurer & Sheriff of Pasquotank County as farr as relates to moneys by him received as Treasurer and Sheriff of the said County. Which he read in his place.

Ordered the same pass and be sent to the Council.

Received the following Bills from the Council. Vizt

The Bill to appoint an Overseer to build a bridge over Pottacasy Endorsed June 24th 1746. In the Upper House read the first time & passed. And the Bill for erecting the Upper part of Craven County into a County and Parish etc. And also the Bill to divide Edgcomb County. Endorsed June 24th 1746. In the Upper House read the second time & passed.

The House adjourned till 3 o'clock.

P. M. The House met according to Adjournment.

Read the second time the Bill to fix the seat of Government etc, which passed with Amendments.

Ordered the same be sent to the Council.

Sent the above Bill to the Council [by] Mr. James McDowell and Mr. Luke Sumner.

Sent the Bill to appoint Commissioners to inquire into the state of the Accounts of the late Thomas Hunter late Treasurer & Sheriff of Pasquotank County etc to the Council. By Mr. Julius Cæsar Park & Mr. Wyriot Ormond.

Read the Petition of the Inhabitants, Freeholders of Pequimons County. Praying an Act may pass for laying out One Hundred Acres of Land including Phelps Point for a Town and Town Common.

Mr. McScarbrough moved for leave to bring in a Bill for an Act pursuant to the prayer of the said petition.

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

Mr. McScarbrough brought in a Bill for an Act for laying off One Hundred Acres of Land in Pequimons County including Phelps Point for a Town and Town Common. Which he read in his place.

Ordered the same pass and be sent to the Council.

Sent the same to the Council by Mr. McScarbrough and Mr. John Harvey.

Read the Bill for dividing Edgcomb County etc. the third time and passed.

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Ordered the same be sent to the Council.

Read the Bill for Erecting the Upper part of Craven County into a County and Parish etc., the third time and passed with Amendments.

Ordered the same be sent to the Council.

Sent the above two Bills to the Council by Mr. McScarbrough and Mr. John Harvey.

Read the second time the Bill for an Act to appoint an Overseer to build a Bridge over Pollacasy etc.

Ordered the same pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Benjamin Hill and Mr. John Wynn's.

The House adjourned till to-morrow 8 o'clock.


Wednesday 25th June 1746. The House met according to Adjournment.

Read the Militia Law a third time & passed with Amendts.

Ordered, the same be sent to the Council.

Sent the above Bill to the Council by Mr. Thomas Lovick and Mr. Benjamin Peyton.

Mr. John Haywood moved that Mr. Arthur Mabson and Mr. Peter Payne be added to the Comittee on the Navigation Bill.

Ordered they be added accordingly.

The House adjourned till 5 o'clock.

P. M. The House met according to Adjournment.

Received from the Council the Bill to fix the seat of Governmt Endorsed 25th June 1746. In the Upper House read the second time & passed with Amendments.

The House adjourned for an Hour.

The House met according to Adjournment.

The House adjourned till to-morrow 8 o'clock.


Thursday the 26th June 1746. The House met according to Adjournment.

Mr. John Starkey moved that the Bill for fixing the seat of Government be read.

Ordered the same to be read. The same was read.

Then Mr. John Starkey moved that the House resolve into a Committee of the whole House to debate on the several Clauses and Articles in the same Bill contained.

Resolved the House resolve into a Committee of the whole House for the purposes above said.

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

Then proceeded to debate the several Clauses in the said Bill Clause by Clause After several Debates thereon and Amendments therein. Mr. Speaker resumed the Chair.

Mr. Chairman reported to this House the several Amendments the Committee had made in the said Bill which were read in the House and concurred to.

The House adjourned till 4 o'clock.

P. M. The House met according to Adjournment.

Received the following Message from the Council.

Mr. Speaker and Gent:

On reading the Bills for dividing Edgcomb and Craven Counties etc. this House thought fitt to alter the name of Essex County to Johnson County in both Bills. To which if you agree desire you'l send two of the Members of your House to see the alteration made. By Order.


June 26th 1746.

Mr. Speaker and Gent:

On reading the Militia Bill we find a Clause in it obliging the several Colonels to account with the General Assembly for all fines by them received we think this is a Military Law entirely and His Excellency the Governor is Captain General that he is the only person to whom the Colonels ought to be accountable and that the Clause should be altered according to which if you agree we desire you would send two of your members to see it done.

By Order of the Upper House.


June 26th 1746.

Read the Bill to fix the seat of Government the third time and passed with Amendments.

Sent the Bill for an Act to fix the seat of Government etc to the Council by Mr. John Starkey & Mr. Peter Payne.

Sent the following Message to the Council Vizt

Gent. of His Majestys Honble Council

On reading your Messages relating to the Amendments you propose in the Bills for dividing Edgcomb and Craven Countys etc, and the Militia Bill this House concurrs to the Amendments you propose and have

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sent Mr. John Starkey and Mr. Peter Payne to see the same made accordingly.

By Order of the House
SAMUEL SWANN Speaker.

June 26th 1746.

The House adjourned for half an hour.

The House met according to Adjournment.

Received from the Council the following Bills Vizt

The Bill for erecting Craven County into a County & Parish etc And the Bill for dividing Edgcomb County. And the Militia Bill. Endorsed June 26th 1746. In the Upper House read the third time & passed.

Ordered the same be Engrossed.

By Order of the Upper House.

The House adjourned till to-morrow 9 o'clock


Fryday 27th of June 1746. The House met according to Adjournment.

Mr. Wyriot Ormond moved that this House would appoint a Committee to see the Bills of Credit of this Province burnt pursuant to an Act of the General Assembly. And Mr. Wyriot Ormond, Mr. Thomas Pendleton, Mr. James Craven, Mr. Thomas Pearson and Mr. Caleb Wilson were accordingly appointed

Sent the following Message to the Council Vizt

Gent. of His Majestys Honble Council.

This House has appointed Mr. Craven, Mr. Pendleton, Mr. Ormond and Mr. Wilson a Committee to joyn those of your House as you shall think fitt to see the Bills of Credit of this Province (now in the hands of the Committee for Publick Accounts) for sinking the Currency burnt.

Received from the Council the following Message Vizt

Mr. Speaker and Gent.

On reading your Message regarding the burning the Bills of credit of this Province. This House have thought fitt to appoint the Honble Edward Moseley Esqr and William Forbes Esqr Two of the Members of this House to joyn the Committee of yours for the purposes aforesaid

By Order of the Upper House.

June 27th 1746.

Mr. Joseph Anderson from the Committee of Publick Accounts as per Book.

The House adjourned till 3 o'clock.

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P. M. The House met according to Adjournment.

Received from the Council the following Message. Vizt

Mr. Speaker and Gent:

On reading and considering the Bill to fix the seat of Government etc, we find several Amendments made by your House, which we cannot agree to. Vizt

First. That the Place for Establishing the General Court etc which we must insist to be New Bern instead of Bath and the other Places for the Circuit Courts agreable as by the Bill when sent down last.

Secondly. The Power of the County Courts which your House have enlarged to £25 procl: money which we propose should be but Twenty Pounds procl: money.

Thirdly. The Clause relating to the Admission of Lawyers which we propose to be struck out.

To the rest of the Bill we readily agree.

If your House will agree to these Amendments we will Pass the Bill otherwise we must reject it.

By order of the Upper House.

June 27th 1746.

Sent the following Message to the Council.

Gent. of His Majestys Honble Council.

This House having considered your Message regarding the Bill to fix the seat of Government cannot agree to the Amendments in the said Bill which you propose.

Mr. James Craven from the Committee to see the Bills for sinking the Currency Burnt Reported that they had received as by the reports of the Committee of Accounts from the several Treasurers & Sheriffs of this Province as follows. Three thousand and five hundred forty two Pounds fifteen shillings and two pence from the said several Sheriffs, and six hundred eighty nine Pounds ten shillings and eight pence Loan Money from the Treasurers which they the said Committee had burnt agreable to the order of this House.

The House adjourned till to-morrow 8 o'clock.


Saturday 28th of June 1746. The House met according to Adjournment.

Mr. Thomas Lovick from the Committee of Claims reported as per report to this House Delivered, and after several allowances by this

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House to several Claimants the said report was agreed to, and ordered to be sent to the Council for their Concurrence.

Resolved by this House that His Excellency the Governor be addressed to direct the Attorney General to prosecute the several Sheriffs and all others having Publick money in their hands and have not accounted and paid the same into the Committee of Accounts.

His Excellency the Governor was pleased to send a Message to this House commanding their immediate Attendance.

The House in a full body waited on His Excellency the Governor in the Council Chamber when Mr. Speaker presented the following Bills to His Excellency. Vizt

The Bill for the better regulating the Militia Governmt The Bill for dividing Craven County etc. The Bill for dividing Edgcomb County etc. To which His Excellency was pleased to Assent.

Then His Excellency was pleased to Prorogue this Assembly to the third Tuesday in November next to be then held at Wilmington.

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

Test WILLIAM HERRITAGE Clk General Assembly.