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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
February 25, 1747 - March 06, 1747
Volume 04, Pages 855-862

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

At an Assembly begun and held at New Bern the Twenty fifth of Febry 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 Defender of the Faith & so forth and in the year of our Lord One Thousand Seven Hundred and Forty Six, [1747] being the first Session of this Present Assembly.

The writs for Electing members for several of the Countys & Towns in this Province to sit and Vote in this Present Assembly being duly returned. Pursuant to which appeared as follows.

Mr. Samuel Swann Speaker,
Mr. John Swann,
Mr. Edward Jones,
Mr. Francis Stringer,
Mr. John Sampson,
Mr. Thomas Lovick,
Mr. James Mackilwean,
Mr. Rufus Marsden,
Mr. Benj. Payton,
Mr. John Herring,
Mr. John Carruthers,
Mr. John Barrow,
Mr. John Haywood,
Mr. John Dawson,
Mr. Wm Bartram,
Mr. Joseph Howell,
Mr. Jas Washington,
Mr. Samuel Sinclare,
Mr. John Starkey,
Mr. William Eaton,
Mr. James Calef.

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

Mr. William Borden one of the Members of Carteret County appeared and acquainted the Gentlemen of his Majesties Honourable Council that were appointed to Qualify the Members of the House that he would not take the Oaths appointed by Law for the Qualification of Public Officers being one of the People called Quakers and therefore desired his solemn

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affirmation might be taken as in other cases which said Members of his Majestie's Council rejected.

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

The Members of this House waited on his Excellency the Governor in the Council Chamber when his Excellency was pleased to command them to return and make choice of a Speaker.

The House returned and unanimously made choice of Mr. Samuel Swann Speaker.

The House adjourned till 9 o'clock to morrow morning


Saturday the 28th of February 1746. [1747] 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 Excellency the Governor in the Council Chamber and presented Samuel Swann Esqre for Speaker.

His Excellency the Governor was pleased to approve of their choice and command them to return and proceed to Business.

The House returned.

Benjamin Fordham is appointed serjant at arms to this House.

Mr. John Starkey moved that Mr. Speaker issue his Warrant to take and bring the several Members in Custody before this House who are returned by the Sheriffs of the several Counties underneath they neglecting to appear to qualifie themselves to sit and vote in this present General Assembly as Representatives for the said several Counties and Towns, viz: Mr. Stephens Lee and Mr. Maccay for Tyrell County; Mr. Michael Coutauch for Bath Town; Mr. Samuel Stillwell for Edenton.

Ordered that Mr. Speaker issue his warrant accordingly.

Mr. William Bartram and Mr. Joseph Clark are returned Representatives to serve in this present Assembly for the County of Bladen.

Several of the Members pursuant to the above Warrant appeared and Mr. Stephens Lee Member for Tyrell County moved that he thought the Writt for electing members for Tyrell and the other Countys were not duly executed and returned.

Ordered that a Message be sent to the Clerk of the crown to lay the writs for electing Members for the said several Counties before this House.

The House adjourned till 3 o'clock.

P. M. The House met according to adjournment.

James Derham is appointed door-keeper to this House in the room of who did not attend.

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Mr. Benjamin Payton moved for leave to absent himself from the service of this House till Monday next.

Ordered he have leave accordingly.

Mr. John Starkey moved that his Excellency the Governor be addressed to direct the Clark of the Crown to issue a Writ for electing a person duly qualified to sit and vote in this present General Assembly for the County of Carteret in the room of Mr. William Borden who was returned a Representative duly elected for the said County But refused to take the Oaths appointed by Law for his Qualification.

Ordered. That his Excellency be addressed accordingly.

The House adjourned till Monday Morning 10 o'clock.


Monday the second March 1746. [1747] 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 Excellency the Governor in the Council Chamber, when his Excellency was pleased to mention the necessity there was for reviseing and printing the Laws of this Province.

The House returned.

The House adjourned till 3 o'clock.

P. M. The House met according to adjournment.

Mr. John Swann moved for leave to bring in a Bill for an act for reviseing and printing the Laws of this Province and for granting to his Majesty a duty on Rum, for defraying the charges thereof.

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

Mr. John Swann brought in a Bill for an act for reviseing and printing the Laws of this Province &c: Which he read in his place.

The House adjourned till To-morrow 8 oclock.


Tuesday the 3rd March 1746. [1747] The House met according to adjournment.

The Clerk of the Crown laid before this House the several Writts for electing Members, for the Counties of Bertie, Tyrell Chowan Pequimons and Pasquotanck pursuant to the order of this House of Saturday last.

The House having inspected the said several Writs and the returns of the same

Resolved that the Freeholders of the said Countys severally having contrary to Law voted by Balloting for five Members to represent them in the General Assembly when each Ballot ought to have contained the names but of two candidates the elections for the said Countys and each

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of them are Null and Void and that his Excellency the Governor be addressed to direct the Clerk of the Crown to issue writts to elect Members for the said several Counties to represent the said freeholders in General Assembly.

The Writ for electing Members for Curretuck not being returned

Ordered the Sheriff of said County be sent for in Custody to shew cause why he did not return said writ.

Read the Bill for an act for reviseing and printing the Laws of this Province the first time and passed.

Ordered the same be sent to the Council.

Mr. Samuel Sinclare moved for leave to bring in a Bill for an additional Act to an act, intituled an act to fix a place for the seat of Government and for keeping Public Offices for appointing Circuit Courts and defraying the Expence thereof and also for establishing the Courts of Justice and regulating the proceeding therein.

Ordered that he have leave, and that he prepare and bring in the same

Mr. Samuel Sinclare brought in a Bill for an Additional Act to an Act, intituled an act to fix a place for the seat of Government and so forth. Which he read in his place.

Ordered the same pass and be sent to the Council.

Sent the above two Bills to the Council by Mr. Sinclare and Mr. John Swann.

Mr. James Calef moved for leave to absent himself from the service of this House till Fryday morning next.

Ordered he have leave to absent himself accordingly.

The House adjourned till 3 o'Clock.

P. M. The House met according to adjournment.

Received from the Council the Bill for an additional Act to an Act intituled an Act to fix a place for the seat of Government. Endorsed March 3rd 1746. [1747] In the Upper House read the first time and rejected.

And also the Bill for an act for reviseing and printing the Laws of this Province and so forth. Endorsed March 3rd 1746. [1747] In the Upper House read the first time and passed.

Mr. William Eaton moved for leave to bring in a Bill for an act intituled an act to repeal the clause in the act intituled an act for erecting the upper part of Craven County into a County and Parish and so forth.

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

Mr. Eaton brought in the above Bill which he read in his place

Ordered the same lye for consideration

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Mr. Sinclare moved that the Bill for an act for reviseing and printing the Laws of this Province and for granting to his Majesty a duty on Rum and for defraying the charges thereof be read.

Ordered the same be read.

Mr. John Swann objected and moved that the House resolve into a Committee of the whole House to debate the subject matters contained in the said Bill and unanimously chose Mr. John Starkey Chairman.

After some time spent and several Amendments made Mr. Speaker resumed the chair.

Mr. John Starkey reported that the Committee had read the Bill and made several Amendments therein which the House took time to consider.

The House adjourned till Tomorrow morning 9 o'clock.


Thursday the 5th of March 1746. [1747] The House met according to adjournment.

Ordered the Bill be read which was left yesterday for consideration.

Read the said Bill the second time and passed with Amendments

Ordered the same pass and be sent to the Council

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

Mr. Herring moved the Bill for an act to repeal a clause in an act intituled an act for erecting the upper part of Craven County into a County and Parish and for appointing a place for building a Court House Prison and Stocks in the said County and the clause in an act intituled an act for dividing Edgcomb County and Parish and for erecting the upper part thereof into a County and Parish by the name of Granvile County and St Johns Parish and for appointing Vestrymen of the said Parishes which direct that all Public County and Parish Levys due from any of the Inhabitants of the said County of Granvile shall be collected by the Sheriff of Edgcomb County, and that all Public County and Parish Levys due from any of the Inhabitants of the said County of Johnston shall be collected by the Sheriff of Craven County so far as releates to the Tax or levy laid and made payable for the year One Thousand Seven Hundred and forty six be sent to the Council

Ordered the same be sent to the Council.

Sent the above Bill to the Council by Mr. Eaton & Mr. Murray.

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


Fryday the 6th of March 1746. [1747] The House met according to adjournment.

Received from the Council the Bill for an act to repeal the clause in an act intituled an act for erecting the upper part of Craven County into

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a County and Parish and so forth. Endorsed March 5th 1746. [1747] In the Upper House read the first time and passed.

Mr. Eaton moved the above Bill be read. Read the second time and passed.

Ordered the same be sent to the Council.

Sent the same to the Council by Mr. Eaton and Mr. Herring.

Received from the Council the Bill for an Act for reviseing and printing the Laws of this Province &c. Endorsed March 5th 1746. [1747] In the Upper House read the second time and passed with Amendments.

Read the third time the Bill for an act for reviseing and printing the Laws of this Province &c: with amendments.

Ordered the same pass and be sent to the Council.

Sent the above Bill to the Council by Mr. John Swann and Mr. Mackilwean.

Read the Bill for an act to repeal the clause in an act Intituled an act for erecting the upper part of Craven County into a County and Parish &c:—the third time and passed.

Ordered the same be sent to the Council.

Sent the above Bill to the Council by Mr. JnoSwann and Mr. Mackilwean.

Sent the following address to his Excellency the Governor.

May it please your Excellency

The writs for electing Members for the Counties of Tyrell, Bertie, Chowan Pequimons and Pasquotank not being executed according to Law by which means the said several Counties are not represented in the General Assembly of this Province we therefore pray your Excellency to direct the Clerk of the Crown to issue writs for electing Members to represent the said several Counties in the next Session of Assembly

By Order of the House
SAMl SWANN, Speaker.

The House adjourned till Three o'clock.

P. M. The House met according to adjournment.

Received the following message from the Council. vizt

Mr. Speaker and Gentlemen,

We have the Bill for reviseing and printing the Laws of this Province &c: before us for a third reading to which we conceive divers amendments ought to be made vizt

First that in laying the duty on Liquors exception ought to be made of such as came to Great Britain.

Secondly we are of opinion it will be best to let the duty commence on the twenty fifth of March least advantage should be taken by putting the time off till the first of May to introduce great quantities and thereby defeat the raising money as intended by the Bill.

Thirdly with regard to the lading or unlading vessells at Brunswick and Wilmington as much as divers vessells trading to Cape Fear neither lade or unlade at those Towns and it may happen that by appointing those two places there may be oppertunities of committing frauds, wherefore we offer that Mr Ross may be only appointed as resideing at Brunswick the Port of Entry.

Fourthly we are also of opinion that the sums given by this Bill to the Commissioners should be paid only to those Commissioners who shall act as such.

If your House shall agree to such amendments we desire that you will appoint a Committee of your House to see the same done.

By Order of the Upper House.
RICHd LOVETT Clerk.

Dated at the Committee Chamber New-Bern March 6th 1746. [1747]

The House having maturely considered the above message Resolved the following message be sent to the Council. vizt

Gentlemen of his Majesty's Honble Council

We agree to the amendment you propose in your message of this day relating to the exception of the duty being paid on Liquors imported from Great Britain.

And also to the amendments you propose that the sums given in by this Bill to the Commissioners shall be paid only to those who shall act as such.

But we cannot agree to the amendments you propose that the Duty shall commence from the Twenty Fifth of March as we think the Law could not in that time be transmitted to the several Receivers appointed to receive the said Duty and thereby many Inconveniencys may arise.

Neither can this House agree to the amendment you propose that there should be but one officer who shall reside at Brunswick to receive the said Duty in the Port of Brunswick but to prevent any fraud that may be committed, propose that the Officer resideing at Brunswick shall receive the dutys on Wine, Rum &c: imported in Vessells lading or unlading below the forks of Cape Fear and the Officer residing at Wilmington shall receive the Duties on Wine, Rum &c: imported in such Vessells as shall lade or unlade above the Forks.

By order of the House
SAMUEL SWANN Speaker.

Sent the above message by Mr. John Swann & Mr. Starkey.

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Received from the Council the Bill for an act to repeal the clause in an act intituled an act for erecting the upper part of Craven County into a County and Parish &c: Endorsed. March 6th 1746. [1747] In the upper House read the third time and passed.

Ordered to be sent down and engrossed.

Received from the Council the following message. Vizt

Mr. Speaker and Gentlemen

We concurr with you as to the time appointed for the act to take place with regard to the duty for the reasons assigned by you but as it seems evident to us that by not obligeing the Entries to be made at Brunswick only (the proper Port of Entry) too much liberty will be given to committ Frauds by unlading between the two Towns—Therefore we adhere to our proposition of Entry to be made at Burnswick only to which we desire your concurrence, and that your House will send Members to see the amendments made or we cannot pass the Bill.

By order.
RICHd LOVETT, Clerk.

March 6th 1746. [1747]

Received from the Council the Bill for an act for reviseing and printing the Laws of this Province &c: March 6th 1746. [1747] Endorsed in the Upper House read the third time and passed with amendments.

The House adjourned till Tomorrow 10 o'clock.


Saturday the 7th of March 1746. [1747] The House met according to adjournment.

His Excellency the Governor sent a message to this House commanding their immediate attendance in the Council Chamber with what Bills were engrossed.

Mr. Speaker with the whole house waited on his Excellency the Governor in the Council Chamber where Mr. Speaker presented to his Excellency the Governor for his assent the Bill for reviseing and printing the Laws of this Province & so forth and the Bill to repeal a clause in the act Intituled an act for erecting the upper part of Craven County into a County and Parish & so forth.

To which his Excellency was pleased to assent and then prorogued this Assembly to the last Tuesday of September next, then to meet at Newbern.

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

Test:

WILLIAM HERRITAGE, Clerk General Assembly.