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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 18, 1746 - December 05, 1746
Volume 04, Pages 838-843

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 and Ireland King (and so forth) And in the year of our Lord one thousand seven hundred and forty six, and from thence continued by Prorogation to Tuesday the eighteenth day of November in the year aforesaid to be then held at Wilmington And then further prorogued to the twentieth day of the said Month to be then held at Wilmington aforesaid And then further prorogued to the twenty first day of the said Month to be then held at Wilmington aforesaid being the second session of this present Assembly.

The Assembly met according to Prorogation.

John Harlow former Messenger to this House not appearing Alexander M Coy is appointed in his room

The Writ for electing Representatives to serve in this present General Assembly for the County of Johnston being returned. Pursuant to which Mr. John West and Mr. John Smith appeared took the Oaths appointed by Law for their qualification Subscribed the Test and took their seats in the House.

-------------------- page 839 --------------------

The Writ for electing Representatives to serve in this present general Assembly for Granvill County was returned. Pursuant to which Mr. William Eaton and Mr. Edward Jones appeared took the oaths by Law appointed for their qualification subscribed the Test and took their seats in the House.

Pursuant to the return of the Writ for electing a Member to serve in this present General Assembly for the County of New Hanover in the room of Mr. Samuel Swann who declined serving for the said County, Mr. Rufus Marsden appeared as also Mr. John Swann who was elected as a Member in this present General Assembly for the County of New Hanover aforesaid Appeared and took the oaths by Law appointed for their qualification Subscribed the Test and took their seats in the House.

Mr. Joseph Clark one of the Representatives returned for the County of Bladen Appeared took the oaths by Law appointed for his qualification Subscribed the Test and took his seat in the House.

His Excellency the Governor 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 his Excellency was pleased to direct this House to proceed to Business.

The House returned.

Mr. John Swann moved (that) as Mr. Thomas Clark Member for Wilmington in New Hanover County is dead His Excellency the Governour may be addressed to order the Clerk of the Crown to issue a writ for electing a Member to serve for the said Town at this present General Assembly.

Ordered That His Excellency be addressed accordingly

Sent the following Message to his Excellency the Governor vizt

May it please your Excellency,

Mr. Thomas Clark late Member of this House for Wilmington is dead, this House therefore prays your Excellency to direct the Clerk of the Crown to issue a writ for electing a Member for the said Town in the room of the said Mr. Thomas Clark deceased.

By Order.
SAMUEL SWANN Speaker.

21st November 1746.

Mr. Francis Stringer moved that a Committee be appointed to prepare and bring in a Bill for the more equal Representation of the Inhabitants of the several Counties in this Province in General Assembly.

Mr. Rufus Marsden, Mr. Thomas Pearson, and Mr. William Eaton were accordingly appointed.

-------------------- page 840 --------------------

Mr. Francis Stringer moved that a Committee be appointed to prepare and bring in a Bill for an Act to fix a place for the seat of Government and for keeping Publick Offices for appointing Circuit Courts and defraying the expence thereof and also for establishing the Courts of Justice and regulating the procedings therein.

Ordered That Mr. John Swann, Mr. Francis Stringer and Mr. John Haywood do prepare and bring in the same.

The House adjourned till to morrow 8 o'clock.


Saturday the 22d Novr 1746. The House met according to Adjournment.

Mr. Rufus Marsden brought in a Bill for the better ascertaining the number of Members to be chosen for the several Counties within this Province to sit in General Assembly and for establishing a more equal Representation of all his Majesty's subjects in the House of Burgesses. 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. Stringer & Mr. Marsden.

The House adjourned till Monday 8 o'clock.


Monday the 24th of Novr 1746. The House met according to Adjournment.

Received from the Council the Bill for ascertaining the Number of Members to be chosen for the several Counties within this Province to sit in General Assembly &c. Endorsed. In the Upper House read the first time and passed 22d Novr 1746. By Order &c.

Read the above Bill the second time & passed.

Ordered. The same be sent to the Council.

Sent the above Bill to the Council by Mr. Stringer & Mr. John Swann

Received the above Bill from the Council Endorsed. Monday the 24th 1746. In the Upper House read the second time and passed.

The House adjourned till to morrow 8 o'clock.


Tuesday the 25th Novr 1746. The House met according to Adjournment.

Mr. John Swann from the Committee appointed to prepare and bring in a Bill to fix a place for the seat of Government &c. brought in the said Bill 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. Marsden & Mr. Stringer.

The Writ for electing a Burgess for the Town of Wilmington being return'd

-------------------- page 841 --------------------

Pursuant thereto Mr. Caleb Granger appeared took the oaths by Law appointed for his qualification subscribed the Test and took his seat in the House.

Read the third time the Bill for ascertaining the Number of Members to be chosen for the several Counties &c. which passed.

Ordered the same to be sent to the Council

Sent the same to the Council by Mr. Marsden & Mr. Stringer.

The House adjourned till to morrow 8 o'clock.


Wednesday the 26th of Novr 1746. The House met according to Adjournment.

Received from the Council the following Bills vizt

The Bill to fix the seat of Government &c. Endorsed In the Upper House read the first time and passed.

And the Bill for ascertaining the number of Members to be chosen for the several Counties within this Province to sit in General Assembly &c. Endorsed Novr 25th 1746. In the Upper House Read the third time & passed.

Ordered to be engrossed.

Read the Bill for an Act to fix the seat of Government &c. The second time and passed with amendments.

Ordered the same be sent to the Council.

Sent the above Bill to the Council by Mr. Swann & Mr. Stringer.

The House adjourned till 3 o'clock.

Afternoon. The House met according to Adjournment.

The House adjourned till to morrow 8 o'clock.


Thursday the 27th of Novr 1746. The House met according to Adjournment.

Received from the Council the Bill to fix the seat of Government &c. Endorsed In the Upper House Read the second time and passed with amendments 27th Nov: 1746.

The House adjourned till to morrow 8 o'clock.


Fryday the 28th of Novr 1746. The House met according to Adjournment.

Read the Bill to fix the seat of Government &c. the third time and passed with amendments.

Resolved That this House at their next meeting bring in a Bill for reviseing and printing the Laws of this Province.

Ordered That the above Bill be sent to the Council with the following Message vizt

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Gentn of his Majesty's Honble Council

We herewith send you the Bill for fixing the seat of Government &c. marked with a third reading in our House and have made no material amendments except leaving out of the said Bill the clause added by your House for preventing that part of it that relates to the Jurisdiction of the County Courts being in force till the Laws of this Province shall be printed to which we cannot consent and we do assure your Honours every member of this House have the reviseing and Printing the Laws of this Province greatly at heart and have come into a resolve that a Bill for that purpose shall be one of the first we shall take under our consideration and endeavor to get passed at our next meeting.

Sent the above Bill and Message to the Council by Mr. Macklewean and Mr. Eaton.

The House adjourned till 3 o'clock.

Afternoon. The House met according to Adjournment.

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

The House in a full body waited on his Excellcy the Governour in the Council Chamber and presented to his Excellency the Bill for ascertaining the number of Members to be chosen for the several Counties within this Province. To which his Excellency was pleased to assent.

Then Mr. Speaker with the House returned.

Mr. James Macklewean moved that a Committee be appointed to prepare and bring in a Bill for reviseing & printing the Laws of this Province. And the following persons were accordingly appointed vizt Mr. John Swann, Mr. Francis Stringer, Mr. Rufus Marsden, Mr. Joseph Clark and Mr. James Macklewean.

The House adjourned till to morrow 8 o'clock.


Saturday the 29th of Novr 1746. The House met according to Adjournment.

The House adjourned till Monday 8 o'clock.


Monday the 1st of December 1746. The House met according to Adjournment.

The House adjourned till to morrow 8 o'clock.


Tuesday the 2d of Decr 1746. The House met according to Adjournment.

Mr. Macklewean from the Committee appointed to prepare and bring in a Bill for reviseing and Printing the Laws of this Province &c.

-------------------- page 843 --------------------

Reported That the Committee had prepared the same 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. Marsden and Mr. Swann.

The House adjourned till 3 o'clock.

Afternoon The House met according to Adjournment.

Received from the Council the Bill for reviseing and printing the Laws of this Province &c. 2d Decr 1746. Endorsed In the Upper House read the first time and passed.

The House adjourned till to morrow 8 o'clock.


Wednesday the 3d of Decr 1746. The House met according to Adjournment.

The House adjourned till 3 o'clock.

Afternoon The House met according to Adjournment

The House adjourned till to morrow 8 o'clock.


Thursday the 4th of Decr 1746. The House met according to Adjournment.

The House adjourned till to morrow 9 o'clock.


Fryday the 5th of Decr 1746. The House met according to Adjournment

His Excellency the Governour sent a Message to this House commanding their immediate attendance to the Council with what Bill or Bills were engrossed.

Mr. Speaker with the House waited on his Excellency the Governour in the Council Chamber and presented the following Bill vizt The Bill for an Act to fix a place for the seat of Government and for keeping publick Offices for appointing Circuit Courts and defraying the expence thereof and also for establishing the Courts of Justice and regulating the Proceedings therein which being read his Excellency was pleased to assent thereto.

Then his Excellency [was] pleased to prorogue this Assembly to the second Tuesday in January next to be then held at Wilmington.

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

True Copy

Test.

Wm HERRITAGE Clk. of the General Assembly.



Additional Notes for Electronic Version: This document was enclosed with a letter from Gabriel Johnston - See Related Documents.