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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
March 15, 1748 - April 06, 1748
Volume 04, Pages 898-917

[B. P. R. O. North Carolina. B. T. No. 26.]
LEGISLATIVE JOURNALS.
North Carolina

At an Assembly begun and held at Newbern the fifteenth day of March in the year of our Lord one thousand seven hundred and forty seven, [1748] in the twenty first year of his Majesties reign &c. and continued by several Prorogations, and Adjournments, untill the eighteenth day of this instant.

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Friday March the 18th The House met
Present
The Honble Robert Halton Esqr Member of Council and
The Honble Edward Moseley Esqr Member of Council
The Honble Eleazar Allen Esqr Member of Council
The Honble Wm Forbes Esqr Member of Council
The Honble Mathew Rowan Esqr Member of Council

The House met, & adjourned until to morrow morning 9 of the clock.

The House met according to Adjournment.

Present
The Honble Robert Halton Esqr Member of Council and
The Honble Edward Moseley Esqr Member of Council
The Honble Eleazer Allen Esqr Member of Council
The Honble William> Forbes Esqr Member of Council
The Honble Mathew Rowan Esqr Member of Council

His Excellency came to the House, and sent a mandate to the Lower House ordering their immediate attendance. Whereupon the Speaker attended by the House waited upon his Excellency in the Council Chamber and made the following Speech, (viz.)

Gentlemen of his Majties Council, Mr. Speaker, & Gentn of the House of Burgesses.

You are now assembled in order to take into your serious consideration the circumstances of your Country, which indeed are very melancholy and deplorable; besides the calamities, which constantly attend a state of war, and which we suffer in common, with the rest of his Majesties Subjects, there are many peculiar distresses and hardships, we labour under which call for a speedy and immediate redress; It is for this purpose Gentlemen, I have now called you together; it would be a shamefull wasting of your Time, if I should pretend to enter into a particular detail of our misfortunes, I have, too often, had occasion to mention them at great lengths, to former Assemblies, and now they are too plainly seen, and sensibly felt by everybody, that it would be multiplying words in vain to enter into a minute discustion of them; all therefore I shall do at this time, is to assure you, and I can do it with great truth, and sincerity, that I now meet you with a mind fully bent with inclinations heartily determined to concur with you, in every measure, that may relieve the people in their present unhappy condition, and shall pay the greatest regard to your advice and council, in all my actions.

GAB: JOHNSTON.

Mr. Starkey & Mr. Swan Brought up the following messages viz.

We have appointed Mr. John Starkey, Mr. John Swann, Mr. Francis Stringer, Mr. John Carruthers and Mr. Rufus Marsden a Committee to examine, state and settle the publick accounts. And Mr. Thomas Lowther,

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Mr. Benjamin Peyton, Mr. John Haywood, Mr. John Sampson and Mr. William Eaton, on the publick claims, in conjunction, with those of his Majestie's Council, whom your House shall appoint for the same purpose.

Whereupon the House upon reading the same, thought proper to send the following Message.

Mr. Speaker.

In answer to your Message, this House have appointed the following Members as Committees to join those of yours, on accounts, and claims.

Eleazar Allen, Edward Moseley, Esqrs on the Accounts.

Mathew Rowan, William Forbes, Esqrs on the Claims.

And are ready to proceed on business.

Mr Swann & Mr Sampson Brought up a Bill for an Act for granting unto his Majesty the sum of        Proclamation money for, and towards building fortifications in this Province, and for stamping and emitting the sum of twenty one thousand, three hundred and fifty pounds Publick Bills of Credit of North Carolina, at the rate of Proclamation money, for payment thereof, and for exchanging the present Bills of Credit, and for payment of the publick debts of this Province, and for defraying the contingent charges of Government.

Mr Sinclare & Mr Starkey Brought up the following Bill for an Act to provide indifferent jurymen in all cases, both civil, and criminal, and for an allowance for their attendance. In the General Assembly read the first time and past.

Then the House was pleased to order the Bill for an Act for granting to his Majesty the sum of        Proclamation money, for, and towards building fortifications in this Province, and for stamping & emitting &c. to be read, which accordingly was, & past the first time.

Also the Bill for an Act to provide indifferent jurymen &c. Read the first time and passed.

Then the House adjourned until to morrow morning 9 of the clock.


Saturday the 19th The House met according to Adjournment.
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazer Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

The House adjourned untill 3 of the clock in the afternoon

The House met according to Adjournment

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Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr Starkey and Mr Peyton Brought up a Bill for an Act, for regulating the several Officers Fees within this Province, and ascertaining the method of paying the same.

Also a Bill, for an Act for destroying of Vermin, within this Province. In the Lower House read the first time, and past.

Then the House adjourned to Monday morning 9 of the clock


Monday 21st The House met according to Adjournment.
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Math: Rowan Esqr Member

Then the House ordered the Bill for an Act for destroying of Vermin to be read. Which accordingly was & past the first time with Amendments

Also the Fee Bill, read the first time and past.

Then the House adjourned untill 3 of the clock in the afternoon

The House met according to Adjournment.

Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Math: Rowan Esqr Member

And adjourned untill to morrow morning 9 of the clock.


Tuesday 22nd The House met according to adjournment.
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Math: Rowan Esqr Member

Mr Starkey & Mr Carruthers Brought up the two following Bills (viz.)

The Bill for an Act to provide indifferent jurymen, the Vermin Bill In the Lower House read the second time, and past with Amendment.

In this House Read the Vermin Bill the second time and past with an Amendment.

Then the House adjourned until 3 of the clock in the afternoon.

The House met according to Adjournment.

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Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Math: Rowan Esqr Member

And adjourned until to morrow 9 of the clock.


Wednesday 23d The House met according to Adjournment
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

Mr. Sampson & Mr. Smith Brought up a Bill for an Act to prevent the exportation of raw hides, pieces of hides, and Calfskins out of this Government. In the Lower House read the first time and past. In this House read and passed.

Then the House adjourned until 3 of the clock in the afternoon.

The House met according to Adjournment.

Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Sampson & Mr. Makilwean Brought up the following Bills (viz.)

The Currency Bill & the Bill for payment of Officers Fees. In the Lower House read the second time and past.

Then the House adjourned until to morrow morning 9 of the clock.


Thursday March 24th The House met according to Adjournment.
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble Roger Moore Esqr Member
The honble Math: Rowan Esqr Member
The honble William Forbes Esqr Member

Mr. Sinclare & Mr. Jones Brought up the Vermin Bill In the Lower House read the third time and passed with Amendments.

The House on reading the Currency Bill were pleased to send the following message

Mr. Speaker & Gentlemen,

On reading the Currency Bill, we find the taxes, for sinking the Bills are to be paid in certain commodities, which method, we are unanimously of opinion can be of no manner of service in the discharge of said taxes, and may be a detriment to the Currency as they are rated, the reasons for it, we think, are very plain, (viz) if the commodities are rated very low, they are useless in the Bill, and if high as some of them are, they will

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endanger the credit of the Bills. We therefore think they ought to be struck out; and hope when you reconsider this matter, you will join with us as we don't see any other material objection to the Bill at present.

Mr. Haywood & Mr. Howel Brought up a Bill, for an Act, to appoint Commissioners, to continue running the boundary line, between Edgcomb County, Tyrrel, and part of Beaufort County. In the Lower House read the first time, and past.

Mr. John Swann, Brought up the message sent down to the Lower House, regarding the Currency Bill, concurred with.

Then the House adjourned until three of the clock in the afternoon.

The House met according to Adjournment.

Present

The honble {Robert Halton Edward Moseley Eleazar Allen Roger Moore Mathew Rowan William Forbes} Esqrs Members.

Then the House took under their consideration, the Currency Bill, and after making several amendments therein, put the same to the House which passed the second time.

Then the House adjourned until to morrow morning 9 o' the clock


Fryday 25th The House met according to Adjournment.
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

Mr. Eaton & Mr. Jones Brought up a Bill, for an Act for laying a tax on the inhabitants of Granville County; and for appointing Commissioners, to compleat and finish the publick buildings already begun in the said County In the General Assembly read the first time, and past.

Mr. Bell and Mr. Howell Brought up the Bill, for an Act, to prevent the exportation of raw hides &c. In the General Assembly read the second time, and passed with Amendments.

Mr. Swann & Mr. Sinclare Brought up a Bill for an Act intituled an Act to appoint publick Treasurers with whom the Sheriffs of the several and respective Counties, within this Province and all others concerned in the receipt of any publick monais raised, or to be raised shall account, and to compel all such other persons, who have any publick money in their hands to account with, and pay the same to the said Treasurers.

In the General Assembly read the first time, and passed.

Then the House adjourned until 3 of the clock in the afternoon.

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The House met according to Adjournment.

Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

And adjourned until to morrow morning 9 o' the clock.


Saturday 26th The House met according to adjournment.
Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

Read the Bill, for an Act, for appointing publick Treasurers in this Province. The first time, and passed

The Bill for an Act, for running the boundary line, between Edgcomb County, Tyrrel and part of Beaufort County, Read the first time and past.

The Bill, for an Act, for laying a tax on the inhabitants of Granville County, Read the first time, and past.

The Bill, for an Act to prevent the exportation of raw Hides, read the first time and past.

Then the House adjourned until 3 of the clock in the afternoon.

The House met according to Adjournment.

Present
The honble Robert Halton Esqr Member
The honble Edward Moseley Esqr Member
The honble Eleazar Allen Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

And adjourned until Monday morning 9 o' the clock.

Monday 28th The House met according to adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Eaton and Mr. Jones Brought up the following Bills (viz.)

The Bill for an Act, for laying a tax on the inhabitants of Granville, &c. The Bill for an Act, for continuing the running the boundary line between Edgcomb County & Tyrrel &c. In the General Assembly, read the second time, and past with Amendments.

Mr. Sinclare & Mr. Swann Brought up the Bill for an Act for prohibiting the exportation of raw hides &c. In the General Assembly read the third time, and past with Amendments.

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Mr. Eaton & Mr. Haywood, Brought up the Bill for an Act, for appointing publick Treasurers, to call sundry persons, who are indebted to the Publick, to account. In the General Assembly read the second time and past.

The Bill for an Act for laying a tax on the inhabitants of Granville &c Read the second time and past.

The House on reading the Bill for an Act for prohibiting the exportation of raw hides &c the third time thought proper to send the following message upon an amendment made by this board (viz.)

Mr Speaker and Gentlemen,

In the Bill to prevent the exportation of hides untanned, there is a proviso to exempt the Master from the forfeiture (in case he takes an oath) that the hides found were put on board without his privity or procurement: to which, we are of opinion, it would be proper to add these words (viz.) but the same be paid by the person who has put the same on board.

As this is to be the third time of reading in our House, if you concur with this our proposed amendment, we shall send you that Bill, marked with a third reading.

The above message sent back from the Lower House concurred with.

The above Bill indorsed, read the third time and ordered to be sent down, and engrossed.

Then the House adjourned until 3 of the clock in the afternoon.

The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Eaton and Mr. Swann brought up the Bill for an Act for laying a tax on the inhabitants of Granvile &c. In the General Assembly read the third time and past with Amendments.

The Bill for an Act for destroying of Vermin. Read the third time and sent down to be engrossed.

The Bill for an Act for regulating the several Officer's fees &c. In this House read the second time, and past with Amendments.

Then the House adjourned until tomorrow morning 9 o' the clock.

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Tuesday March 29th The House met according to Adjournment.
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

The House ordered the Bill for an Act for appointing Jurymen &c. to be read, which accordingly was, and after making several amendments therein past the same a second time.

The Act for continuing the running the boundary line of Edgcomb County, and Tyrrel &c read the second time and past.

The Treasurers Bill read the second time and past with Amendments.

Then the House adjourned until 3 o' the clock in the afternoon.

The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Haywood and Mr. Howel brought up the Bill for an Act for running the boundary line between Edgcomb County and Tyrrel &c. In the General Assembly read the third time and past.

Mr. Swann and Mr. Sampson brought up the Bill for an Act for regulating Officers fees. In the General Assembly read the third time and past with Amendments.

The Bill for an Act for laying a further tax on the inhabitants of Granvile County, read the third time and past, Ordered to be sent down and engrossed.

Then the House adjourned until to morrow morning 9 o' the clock.


Wednesday 30th The House met according to Adjournment
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazer Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Sinclare and Mr. Swann brought up the Jury Bill. In the General Assembly read the third time and past with Amendments

Read the Bill, for an Act, for to continue running the boundary line between Edgcomb County, and Tyrrel County &c. the third time and past, ordered the same to be sent down, and engrossed which accordingly was.

Also the Bill for an Act for providing indifferent Jurymen, read the third time, and past, and ordered to be sent down and engrossed.

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Mr. Eaton & Mr. Sinclare Brought up the Treasurers Bill In the General Assembly, read the third time, and passed with Amendments.

Upon reading the Bill for ascertaining the several Officers fees within this Province, The board was pleased to send the following message (viz.)

Mr. Speaker & Gentlemen

The fee Bill being now with us for a third reading, We think proper to add these fees. (viz.) to the Governour for dismission of every Bill, where the cause don't come to tryal, and final hearing, twenty shillings. To the Clerk of the General Court of Assize &c for certificate of each Juror's attendance, six pence. To the Clerks of the County Courts, for all services for the County, for which no fees are provided per annum thirteen shillings, and four pence. To the several Clerks, four pence per copy sheet instead of three pence.

We are of opinion to add the title of the aid Act to the Proviso, for discharging body, or goods in execution (viz.) An Act for granting an aid to his Majesty to defray the expences of &c.

We are also of opinion, that in the naval Officer's fees and Collectors there should be no distinction made as to tonnage of vessells but that all those fees should be incerted at one pound ten shillings.

The honourable Mathew Rowan Esqre one of the Members of this board moved to bring in a Bill, for an Act to enlarge the time for the Commissioners of the roads &c. Which was accordingly agreed to, and read the first time and past.

Mr. Starkey and Mr. Swann Brought the following message, in answer to the message of this House, upon the proposed amendment of this House in the Fee Bill (viz.)

Gentlemen of His Majtie's Council,

We concur with your honours, in all the amendments you propose in your message of this day, except that relating to the Collectors, and naval Officer's fees, which this House are satisfied are rated larger on the Vessells, under one hundred tons, than have been heretofore allowed, by any Law of this Province, for any Vessells whatsoever, therefore cannot concur with you, on any amendment in those fees;

to which this House were pleased to send the following answer.

Mr. Speaker & Gentlemen,

We have received your message of this day, wherein you concur with our amendments to the fee Bill, excepting what relate to the Collector's, and naval Officer's fees; to which you say, you are satisfied,

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they are rather larger on vessells under one hundred ton, than have been heretofore allowed, Therefore you cannot concur, we hope you will acquaint us with the reasons That have satisfied you, that we may, no longer, have the appearance of the least disagreement in our sentiments, otherwise we hope you will accede to our proposed amendment.

The Bill for an Act for appointing publick Treasurers &c. read the third time and passed. Ordered to be sent down and engrossed.

The House adjourned until three of the clock in the afternoon.

The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Bartram & Mr. Clark Brought up the Bill, for an Act to enlarge the time for the Commissioners of the roads &c. In the general Assembly read the first time and past As also the following message (viz.)

Gentlemen of His Majesties Council,

We read your message of this date wherein you desire us to acquaint you with the reasons, which we say have satisfied us, that the fees which relate to the Collectors, and Naval Officers, are rather larger on Vessels under one hundred tons, than have heretofore been allowed. We do not think such a message is altogether regular in Parliamentary proceedings, and hope hereafter may not be drawn into president but that you may find we desire nothing more than to keep up a good understanding between the two Houses, and which is absolutely necessary, for the dispatch of publick business, we shall proceed to acquaint you with the reasons, that have satisfied us, on the articles relating to the said Officer's fees by a law in this Province passed in the year 1715 intitled an Act for ascertaining Officer's fees; The Collector's fees for entring and clearing forreign Vessels is but twelve shillings and six pence, and the Governor's fees, which are now the Naval Officer's fees, for entring and clearing forreign Vessels is no more than one pound two shillings and six pence, and the fees for the Naval Officers were again regulated by a subsequent law, it was only to make them payable in current Bills equal to the real value of the money, they were by the first Law to have been paid, in which we presume were silver, as it is directed to pass by the Statute of the sixth of Queen Anne, for ascertaining the rate of forreign coin in America. We doubt not when you have considered the above, and compared the

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Bill, as we sent it to you, with the old Fees settled by Law, you will also be satisfied, that the said Fees are rather larger than heretofore settled.

The House on reading the above message, & considering the same, put the Bill to the House, whether the same should pass on the amendments of this House, and agreed to by the Lower House, which accordingly did, and the same was sent down, and ordered to be engrossed.

Then the House adjourned until to morrow morning nine of the clock.

Thursday March 31st The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazar Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Read the Bill for an Act for enlarging the time of the Commissioners to call the defaulters upon the roads to account. Read the second time and past.

Then the House adjourned until 3 of the clock in the afternoon.

The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Eleazer Allen Esqr Member
The honble William Forbes Esqr Member
The honble Mathew Rowan Esqr Member

Mr. Marsden & Mr. Sampson Brought up the Bill, for an Act, for enlarging the time of the Commissioners of the roads &c. In the General Assembly read the second time, and past. also the following message (viz).

Gentlemen of His Majtie's Council

We have now the Bill, for an Act for granting to His Majesty the sum of twenty one thousand, three hundred and fifty pounds proclamation money &c. on the third reading in our House; as one part of the money thereby directed to be struck, is for paying off those persons, to whom the Publick is debtor, we think, we ought to make a schedule of the claims, allowed from time to time, at the several Sessions of former Assemblies, and also such as are, or shall be allowed at this Sessions; We therefore desire you will direct your Clerk, to make out an estimate to be sent up from our House to you, for concurrance.

To which this House were pleased to send the following Message (viz.)

-------------------- page 910 --------------------

Mr. Speaker & Gentlemen,

In answer to your Message of this morning, this House joins with yours in thinking that a schedule of the claims, allowed by former Assemblies is necessary, in order to be included in the currency Bill, as also such as shall be allowed at this Sessions. As the members of this House have no legal claim to make for themselves; we have ordered the Clerk to make out an estimate of such sums only, as are due to him, the several doorkeepers and messengers attending the service of it, and the charges of hiring a Council Chamber &c. All which shall be laid before you to morrow morning.

Read the Bill, for an Act, for impowering the Commissioners of the roads to enlarge the time &c. In this House read the third time & past with Amendments.

Then the House adjourned until to morrow morning 9 o' the clock.


Friday April 1st The House met according to Adjournment.
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

Mr. Sampson & Mr. Howel Brought up a Bill for an Act to alter the times of holding the Courts of New Hanover In the general Assembly read the first time and past.

Then the House in pursuance of the Message of this House sent last night ordered the estimate of the Officer's wages, and expences of this House to be sent down which accordingly was.

And adjourned until three o' the Clock in the afternoon.

The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

Read the Bill for an Act, to alter the times of holding the Courts for the County of New Hanover, the first time and past.

Mr. Sampson & Mr. Swann Brought up the road act. In the General Assembly read the third time and past.

Also the following message, together with the several estimates of the Publick claims &c.

Gentlemen of His Majestie's Council,

We herewith send you the estimate of the sums claimed, as due from the Publick, to the several persons therein mentioned, and allowed by

-------------------- page 911 --------------------
this House, together with a vote of this House to his Excellency of seven hundred and fifty pounds thirteen shillings and four pence, proclamation money for his extraordinary expences, during his administration, also the report of the Committee of Publick accounts, to all which we desire your Honour's concurrence.

To which this House was pleased to send the following answer (viz.)

Mr. Speaker & Gentlemen,

We have received your estimate of wages, and apprehend you have charged the Publick with forty shillings per diem, each days attendance of each respective Member; whereas by the last law for setling of the wages of the Council, and General Assembly, the wages of the latter was but thirty shillings, and tho' the law has been some time expired; we are of opinion, that that regulation ought to be a rule to us, with respect to the wages of either House, till such time, as the wages of either shall be again fixed and ascertained by the Legislature.

Mr. Eaton Brought up the Bill for an Act, to alter the time of the sitting of the County Courts in New Hanover County; in the General Assembly read the second time & past. In this House read & past.

Mr. John Swann brought up the Bill for an Act to alter the time of sitting of the County Courts &c. In the General Assembly read the third time and past, also the following message (viz.)

Gentlemen of His Majestie's Council,

We received your message wherein you say you apprehend that in the estimate of the wages, we have charged the publick with 40 shillings per diem for the attendance of each respective member, and mention as a president That it ought to be less, a former Law that subsisted but a few years at a time, when the Members could be accommodated much cheaper than they have been since, and the reasons that occasioned the passing that Law are still fresh in every one's memory; We judge that forty shillings per diem is but very moderate allowance for the expences of each member, and as the Law you mention is long since expired, we don't see that it ought to be any rule to us, when we are to judge now on what ought to be the reasonable allowance for each member; and have therefore allowed forty shillings for each member as aforesaid; but if your Honours differ in opinion from us we are willing to make the said allowance of each Member of the two Houses, at any sum less, that you may think reasonable allowance, for the expences of the said Members; and desire to confer with you on that subject.

By order.
SAMUEL SWANN. Speaker.
-------------------- page 912 --------------------

Then the House adjourned till to morrow morning 9 o'clock.


Saturday April 2nd The House met according to Adjournment
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

The House on reading the message of the Lower House sent up yesterday were pleased to send the following Message.

Mr Speaker and Gentlemen,

In answer to your message, relating to wages, this House desire you to consider, that the difference between the payment of the Council and Assembly was not ascertained by one Law only, but by two, (viz.) The first passed in the year 1734 and the latter in the year 1739 As those Laws are expired, it is the opinion of this House that if payment were made it ought to be made according to the regulation of those Laws until a new one shall be made; if your House shall concur with us, the estimate may be immediately perfected; otherwise it is the opinion of this House that the Bill pass, without wages being placed in the estimate, rather than the publick business should be retarded.

By order of the Upper House
RICHARD LOVETT. Clk.

Mr. John Swann brought up the following message, in answer to the foregoing message

Gentlemen of His Majties Council

We received your message of this day in answer to yours of yesterday wherein you tell us the wages, as you were pleased to call the allowance for the expences of the several Members, was not ascertained by one Law only, but by two, to wit, the first past in the year 1734, the latter in 1739. And as these Laws are expired, it is your opinion if payments are to be made it ought to be according to the regulation of those Laws, till a new one be made as you allow those Laws expired, and we remember the regulation by them made was always complained of by the Country in general we presume the whole is now to be regulated without regard to those Laws, and are ready to concur with you in any regulation, as to what may be thought reasonable allowances per diem, to be paid by the publick, for the expence of each member of the two Houses, and for that purpose was our message of yesterday, wherein we desired a conference with you, of which you are to take no notice.

As to that part of your message relating to passing the Bill without the debt due from the Publick for the expenses and charges of the several

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Assemblies, being placed in the estimate, we cannot concurr with you, as we think it would be inconsistent with the title and nature of the Bill, which is for payment of the Publick debts, a large sum of which is due to the Gentlemen of the Northern parts of the Province for their expenses in travelling and attending at former Assemblies And we think it would be an injustice to those persons when we are passing a Law for the payment of the Publick debts to take no care to reimburse them the great charges and expenses they have been at in attending the Publick service for which they have so just a claim, after having lain so long out of their money.

Mr. Eaton & Mr. Howel Brought up the Bill for an Act, for altering the times for holding the County Courts in New Hanover. In the General Assembly read the third time & past. In this House read and past. Ordered to be sent down and engrossed.

Then the House adjourned until 3 o'clock in the afternoon.

The House met according to Adjournment.

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

Then this House thought proper to send the following message (viz.)

Mr. Speaker & Gentlemen

Agreable to your message of yesterday wherein you desire a Conference with this House upon the subject of wages, This House have appointed two of their Members, viz. the honourable Nathaniel Rice and Edward Moseley Esqrs to confer with such Members of your House as you shall think fit to appoint on this occasion, which conference we propose may be held at four o'clock this afternoon.

Mr. Eaton & Mr. Starkey Brought up the following Message, in answer to ours regarding a Conference (viz.)

Gentlemen of His Majestie's Council,

Agreable to your second message of this day this House have appointed Mr. Speaker, and Mr. John Swann, to confer with the Members appointed by your House, on the allowance proper to be made for the expenses of the several Members of the two Houses of Assembly at the Conference you propose at four of the clock in the Afternoon, which we presume is intended at the Council Chamber

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Whereupon Mr. Speaker and Mr. John Swann attended by the House waited upon this House in the Council Chamber and after their conferring together on the subject matter of the foregoing Messages, withdrew and returned to their House again.

Mr. Haywood Brought up the following message (viz.)

Gentlemen of His Majesties Council

As we apprehend the Session draws near a conclusion, and the Bills received on the tax, for the sinking fund, and paid in to the Committee of publick accounts, ought to be burnt, we desire your House to join ours, to see the same done accordingly this evening at the House of John Carruthers in New Bern.

Whereupon the House were pleased to appoint the Honourable Robert Halton, and Edward Moseley Esqrs two of the Members of this Board to join those of the Lower House, on the said Committee.

Then the House adjourned until Monday morning 9 o'clock.


Monday April 4th The House met according to Adjournment.
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

The House upon debating on the Bill for an Act, for the Emission of a Currency, and to build forts &c. Thought proper to send the following message (viz.)

Mr. Speaker & Gentlemen

The Bill for an Emission of Currency to build forts, and pay the Publick debts, having been read in both Houses, we think it proper to confer with you, in some parts thereof in order to expedite the passage. We have appointed Mr. President Rice, and Mr. Moseley to confer with you, and desire your attendance.

Whereupon Mr. Speaker attended by the House, came up to this House, and after having received the sense of this Board returned back, to consult thereon.

Then the House adjourned till 3 o'clock in the afternoon.

The House met according to Adjournment

Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member
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The House was pleased to send down the estimates of the Lower House, the Report of the Committee of Claims, and the Estimate of this House, concurred with.

Then the House adjourned till to morrow 9 o'clock.


Tuesday April 5th 1748. The House met according to Adjournment.
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

The House on perusing the estimate of the claims &c. thought fit to send the following message

Mr. Speaker & Gentlemen,

The Bill for building fortifications &c. being now before us, for our third reading, together with the estimate of the Publick debt refered to by the said Bill We observe that by mistake the allowance for Mr. Richard Lovet Clerk of this House is omitted, we propose that the sum of £118 6s 8d Proclamation due to our said clerk may be added to the said Estimate before we send the Bill to you, We also propose that the sum of five pounds, for Mr. Lapierre's sermons before the General Assembly may be encreased to the sum of ten pounds. We also are of opinion that Mrs. Singleton's claim for the House the Council sits in shall be four pounds, to which We desire your Concurrance.

The above message sent up concurred with. Whereupon the House were pleased to pass the Bill the third time, and sent down for engrosement.

Then the House adjourned till to morrow morning 9 o'clock.


Wednesday April 6th The House met according to Adjournment
Present
The honble Nathaniel Rice Esqr Member
The honble Edward Moseley Esqr Member
The honble Robert Halton Esqr Member
The honble Roger Moore Esqr Member
The honble Mathew Rowan Esqr Member
The honble William Forbes Esqr Member

His Excellency the Governor came to this House, and sent a mandate to the Lower House, commanding their immediate attendance in the Council Chamber. Whereupon the Speaker attended by the whole House, waited on his Excellency and presented him for his assent the following Bills (viz.)

The Money Bill

An Act for continuing the running the boundary line between Edgcomb County, Tyrrel & part of Beaufort County.

An Act to provide indifferent jurymen &c.

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An Act to alter the times for holding the Courts for the County of New Hanover.

An Act for laying a tax on the Inhabitants of Granvile County.

An Act to prevent the exportation of raw hides.

An Act for destroying Vermin.

An Act to appoint publick Treasurers.

The Fee Bill.

An Act to enlarge the time for the Commissioners of the roads.

To all which Bills his Excellency was pleased to give his assent. And then made the following speech.


New Bern April 6th 1748.

Gentlemen of His Majestie's Council, Mr. Speaker and Gentlemen of the House of Burgesses.

As the season of the year, and the situation of your Private affairs, call for your presence at your respective Plantations; I have thought proper to put a period to this present sessions; but I can't dismiss you without acquainting you with two observations I have made on your proceedings, which have given me great satisfaction. The first is the great care and tender concern you have expressed for your absent Brethren, who by sly artifices and false insinuations, have been prevailed upon to withhold their advice, and assistance, from the service of their County, in this dangerous and critical juncture. Instead of that aprobious language and hot violent Behaviour with which these mistaken men have been pleased to treat all that differed from their way of thinking. Instead of that revenge and resentment which such provoking usage is naturally apt to excite, what have you done, Why, you have been as tender of all their Interests, been as exact in stating their claims, and procuring satisfaction for them, as they themselves could possibly have been, if they had been present. This Gentlemen is a manly and rational manner of behaving in Persons who act in a Publick Capacity to get the better of all private passions, and be governed entirely by the truth, and reason of the case.

The next remark which gives me great pleasure, and hopes, that we may in time be brought to an equal Footing for order and regularity with our neighbouring Colonies, Is your raising a considerable Tax for every important service, without loading it with any Commodities, This method, Gentlemen has been a dead weight upon all supplies granted for the service of the Publick, ever since I knew the County. It might have been a tolerable one in the infancy of this Colony, when it did not reach beyond the banks of Albemarle sound, but now when it is extended from the further parts of Currituck to the heads of Santee river, to fancy that the Publick in all these places can bring private mens goods to market,

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with as much advantage as their original Proprietors could, is to judge contrary to experience, and contrary to the reason of the thing. Besides the expenses of Warehouses, Inspectors and other things must always render funds collected in this manner deficient, and these deficiencies must be made good by the People at last; so that however fond they may have been of this way, it is certainly contrary to their interest. And here Gentlemen permit me to observe that it is the true interest of the People only which you are to mind, and which is to be the sole and constant Rule of all your actions. As soon as you have taken your Places in your respective houses, you are invested with a sacred trust, you become the guardians of the lives, Properties and Liberties of a free People, and are to consult their real service, according to the best of your knowledge and judgement, without regard to any other consideration whatsoever, and it would be debasing your character in the vilest manner if you would neglect to pursue their real benefit and advantage, from being afraid of encountering their Prejudices and false opinions. You Gentlemen have given a proof that you proceed upon more generous principles, and that you are above acting on such mean sentiments as deter a man from acting according to the dictates of his own mind and conscience. The point that is now gained is alone richly worth all the trouble and expense of this sessions. You have set a noble example and I hope it will be imitated by all succeeding Assemblies. Gentlemen as I design to meet you early in the Autumn, I hope, you will then be prepared to form a good inspection Law, which the Credit of the County so loudly demands at your hands, and likewise to continue the Militia Law, which expires at the latter end of next Sessions. It is the very best Law that ever passed in this Province for that Purpose; but it was impossible to carry it into execution without ruining a great many innocent industrious People, who would have gladly complyed with it, if it had been possible in these hard times, to have procured either the arms or ammunition required by this Act. I have therefore taken care that no man who did not act from a Principle of obstinacy should be brought under any distress on this account. This Gentlemen will I hope convince you effectually of moderation & mildness of the present Administration, & I assure you it would shock me, tho' armed with the authority of any Law, to see the meanest of His Majesties Subjects, who does not stand in contempt, and is willing to pay obedience to the Laws of the County, suffer any hardships, or cruelty, as it possibly could any of you

GAB: JOHNSTON.

Then His Excellency was pleased to prorogue this Assembly to the last Tuesday in September next to be then held at New Bern.