Mr. Plumer. Lord Dupplin. Mr. Leveson-Gower Mr. Fane.
The Secretary having acquainted the Board that Mr. Joshua Sharpe had desired to be heard in favour of an Act passed in North Carolina in 1746 for regulating Assemblies and to have a copy thereof Directions were given that copy of said Act should be made and delivered to him
Read—Order of the Lords of Committee of Council for Plantation Affairs dated the 15th of January 1747 referring to this Board the petition of certain persons inhabitants of several Precincts and Countys in North Carolina against an Act passed there in 1746 for regulating the number of the Members of the Assembly and directing them to report their opinion thereupon.
The Board pursuant to the Minutes of the 6th inst. took into their consideration the Order of the Lords of the Committee of Council for Plantation Affairs referring to them a petition of several inhabitants of the Northern Countys of North Carolina against an Act for regulating the number of the Members of the Assembly and a letter from Otho Hamilton Lt. Gov. of Placentia relating to the want of Civil officers there and after some time spent therein the Secretary was directed to write to Mr. Hamilton to attend the Board on Wednesday the 27th inst. upon the subject of his said petition And their Lordships being informed that Mr. McCulloh Inspector & Comptroller of the Quit rents in North & South Carolina was employed by the petitioners against the above mentioned Act of North Carolina to support the said petition and Mr. Joshua Sharpe having desired to be heard in favour of the said Act the Secretary was further directed to write to them to desire their attendance upon that subject on Thursday the 28th inst.
The Secretary acquainted their Lordships that Mr McCulloh Agent for the petitrs against an Act passed in North Carolina in 1746 for regulatingth inst. on that subject had desired him to move their Lordships that the hearing upon that affair might be put off to a further day and that Mr Joshua Sharpe who was likewise desired to attend upon this occasion had consented thereto Whereupon their Lordships appointed Wednesday the 11th of May for hearing the said matter and notice was ordered to be given to both parties to attend on that day.
Mr McColloh Agent for the petitioners against an Act passed in North Carolina in 1746 for ascertaining the number of the Members of the Assembly and Mr Joshua Sharpe employed to support the said Act attending as appointed by the Minutes of the 27th of April and the Order of the Lords of the Committee of Council referring the said petition also the above mentioned Act having been read Mr McCulloh presented a paper entituled Observations in relation to a pretended Act of Assembly passed at Wilmington in North Carolina November 1746 entituled an Act for ascertaining the number of Members &c containing his reasons against the said Act and the said paper having been read Mr McCulloh desired that the 4th clause of the charter granted by King Charles the 2d in the 17th year of his reign to the Lords Proprietors of Carolina might be read in order to show that all Laws ought to be made with the approbation and consent of the freemen of the said Province or a majority of them and the same was accordingly read and further to show that the said Law was not passed conformable to the King's Instructions. Mr McCulloh desired that the 22d Article of his Maj. Instructions to his Govr of the said Province in the year 1733 whereby he is directed not to pass any Act of an unusual or extraordinary without a suspending clause might be read as also the 2d clause of his Maj Commission to the said Governor directing him to do all things agreeable to his Commissn and Instructions and the same were accordingly read and then as evidence that there was not a majority of the Assembly present at the passing the said law Mr McCulloh produced the Minutes of the Assembly held at Wilmington in November 1746 and desired that a person present might give evidence upon oath that the said paper was taken from the records of the said Province whereupon Mr Joshua Sharpe objected to said Minutes of Assembly being given in evidence not having the seal of the Province affixed thereto agreeable to the Governor's instructions upon that head and insisting upon his objection Mr McCulloh desired that an Order might be sent to the Governor of the said Province to transmit all the necessary evidence in this matterr McCulloh to acquaint them what evidence he thought necessary to be transmitted over upon this occasion the evidence required by him was as follows viz: Minutes of the Assembly in November 1746 with the names of such Members as were present at their first meeting as also the names of such as were sworn in afterwards and the whole number present during the continuance of that Session The Governor to admit and send over under the seal all evidence to prove that it was the constant and uninterrupted practise of that Province that a majority of the Assembly should be present before any business was proceeded upon any Writs issued by the Governor for the calling an Assembly before the year 1736—The Order of the Palatines Court in the year 1696 and the Acts constituting Tyrrel and Bertie Counties and the parties being withdrawn the Board agreed to take the same into their further consideration on Friday sen'night
The Board took into consideration the petition of the inhabitants of the several Counties in North Carolina against an Act passed there in 1746 relating to the Members of the Assembly mentioned in the Minutes of the 11th inst. and ordered the draught of a Report to the Lords of the Committee of Council to be prepared proposing that directions should be sent to the Governor of the said Province to transmit the evidence desired by Mr McCulloh Solicitor for the said petition mentioned in the said Minutes and also all other evidence relative to this affair which he should think proper and that in the mean time a state of the case of the Assembly of the said Province so far as relates to this Law be prepared in order to be sent to the Attorney and Solicitor General for their opinion thereupon.
Report upon the petition of the inhabitants of several of the Northern Counties in the Province of North Carolina complaining of an Act passed there in 1746 for ascertaining the number of the Members of the Assembly &c. proposing that the Governor should be directed to send over the necessary evidence in this affair in order for the Board's further report thereupon was agreed to and signed
The draught of a letter to Gabriel Johnston Governor of the Province of North Carolina in answer to one receivd from him since the Board's last letter was laid before the Board agreed to & ordered to be transcribed.
The draught of a letter to Gov. Johnston ordered by the last Minutes—was signed and an Act passed in the last Session of Parliament for encouraging the making of indigo in the British Plantations referred to in the said letter was ordered to be transmitted therewith as also an Act passed in the year 1746 for extending the provisions of an Act made in the 13th year of his present Majesty for naturalizing Foreign Protestants and others therein mentioned as are settled or shall settle in any of his Maj. Colonies in America to other Foreign Protestants who conscientiously scruple the taking of an oath.
Read a letter from Mr. Johnston Govr of North Carolina to the Board dated Edenton 17 May 1748 in answer to one from the Board dated 11 of August 1747 inclosing a petition of several Palatines in that Province complaining of their having been dispossessed of lands which they had settled upon by the heirs of Col. Pollock and inclosing Copy of two affidavits Viz: of Saml Swan dated 10th Oct. 1747 and of John Lovick 4th Janry 174⅞ sworn before George Gould Esq. one of His Maj. Justices of the Peace for Bertie County in North Carolina relating to the Members of the Northern Counties refusing to attend the Assembly at Wilmington.
Minutes of the Upper House of Assembly from 20th Novr to 6th Decr 1746
Minutes of Assembly from 21st Novr to 5th Dec. 1746.
Ordered that the Draught of a Report to the Lords of the Committee of Council pursuant to their Lordships Order of the 13th July 1747 referring the petition of the Palatines mentioned in the above letter from Mr. Johnston be prepared.
Read the Copy of an Order of the Lords of the Committee of Council dated 14th July 1748 upon a Report of this Board upon the petition of the inhabitants of the Northern Counties in North Carolina against
The draught of a Report to the Lords of the Committee of Council upon the petition of the Palatines in North Carolina ordered to be prepared by the Minutes of the 17th inst. was laid before the Board agreed to and ordered to be transcribed.
Ordered that the Draught of a letter to Mr. Johnston Governor of North Carolina in answer to his of the 17th of May last mentioned in the Minutes of the 17th inst. be prepared. it was agreed to & ordered to be [Pages 255 and 256] transcribed on the 26th Aug. & signed on Aug. 30th.
Read an Order of the Lords of the Committee of Council dated 24th Novr 1748 approving a Report made by this Board the 30th Aug. last upon the petition of the Palatines in North Carolina relating to their being dispossessed by the late Col. Pollock and his Heirs of lands granted them in that Province by her late Majesty Queen Anne and directing this Board to prepare a Draught of an Instruction in the manner proposed by the said Report for his Maj. Govr of the said Province.
The draught of an additional Instruction to Gabriel Johnston Esq. Governor of North Carolina directing him to make a Grant to certain Palatines in that Province who have been dispossessed of lands formerly granted to them by the Crown by Col. Thomas Pollock and his heirs of so much land as shall be equivalent to what they have been so dispossessed of ordered to be prepared by the Minutes of the 8th inst pursuant to an Order of the Lords of the Committee of Council therein mentioned was laid before the Board agreed to and ordered to be transcribed and the Draught of a Report to the Lords of the Committee thereupon ordered to be prepared. [Page 317] It was laid before the Board agreed to transcribed and signed Decr 14th