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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
September 26, 1749 - October 18, 1749
Volume 04, Pages 1000-1010

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North Carolina.

At an Assembly begun and held at Newbern on Tuesday the Twenty eighth day of March, in the year of our Lord one Thousand, seven hundred, and forty eight, and in the Twenty third year of his present Majesties reign, and continued by several Prorogations untill Tuesday the Twenty sixth day of September: And from thence continued by several Prorogations and Adjournments until Monday the second day of October instant in the year of our Lord, one thousand seven hundred, and forty nine, being the seventh Session of Assembly.


In the upper House. October 2d 1749.
Present His Excellency the Governour.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.

Two of the Members of Council having died, his Excellency was pleased to appoint James Hasell Esqre one of the Members of this Board, who, after taking the Oaths for his qualification took his seat accordingly.

Then his Excellency sent a Mandate to the Lower House commanding their immediate attendance. Whereupon the Speaker attended by the Lower House, waited upon his Excellency in the Council Chamber, who directed them to return to their House and forthwith proceed upon business.

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

Gentlemen of his Majesties Council.

We have appointed Mr. John Swann, Mr. Thomas Lovick, Mr. Rufus Marsden, Mr. John Herring, Mr. Edward Jones, Mr. John Starkey, Mr. Ja: McKlewain, Mr. William Barnham, Mr. John Haywood, Mr. John Dawson, and Mr. John Carruthers a Committee to examine the revisal of the Laws now in force in this Province which were laid before this House last Session of Assembly in conjunction with such of your Board as your Honours shall think proper to appoint.

To which this Board were pleased to send the following answer. (viz)

Mr. Speaker and Gentlemen,

In answer to your Message by Mr. John Dawson, and Mr. Haywood, we think no number less than our whole House will be sufficient for the purpose you mention, as we consist at present only of five Members, we shall all therefore meet your Committe at the Council Chamber, as soon as you shall think fit.

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

The House met according to adjournment.

Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.

And adjourned until To-morrow morning Nine o'the clock.


Tuesday. October 3rd. The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.

And adjourned until Nine of the clock in the morning.


Wednesday. October 4th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.

Whereas there is a dispute subsisting between the Honourable James Murray and William Forbes Esqrs on the precedency of their seats in Council

Upon debating the same, it is ordered that the said Gentleman's names stand in the same order, as formerly they did, in the Journals of this House, until the said dispute shall be determined by the Governor in full Council.

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


Thursday. October 5th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

And adjourned until To-morrow morning Nine o'clock.


Friday. October 6th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

And adjourned until to-morrow morning Nine o'clock.

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Saturday October 7th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

And adjourned until Monday morning Nine o'clock.


Monday. October 9th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

And adjourned till Three o'clock in the afternoon.

The House met according to adjournment.

Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. John Swann Brought up the following message (viz.)

Gentlemen of his Majesties Honourable Council.

We have appointed Mr. John Swann, Mr. Thomas Lovick, Mr. John Dawson, Mr. John Starkey and Mr. John Haywood, a Committee of this House, on the Publick Claims, to join those of your House as you shall think fit.

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

Mr. Speaker and Gentlemen

In answer to your message relating to a Committee on the Claims, this House have appointed Mathew Rowan and James Hasell Esqrs a Committee to join yours on that service.

Mr. John Swann and Mr. John Sampson Brought up the following Bills (viz.)

A Bill for an Act for erecting the upper part of Hanover County into a County and Parish by the name of Donagal County, and Parish of Fawn, and for appointing a Place for building a Court House, Prison and stocks in the said County. And also for dividing Bladen County, and erecting the western part thereof into a separate County and Parish, by the name of Anson County and St George's Parish.

A Bill for an Act to enable the Justices of the several Counties to provide certain Law books for the use of their County Courts.

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In the Lower House read the first time and past. In this read and past.

A Bill for an Act for the relief of the poor.

A Bill for an Act to put in force in this Province several Statutes of the Kingdom of England, and South Britain, therein particularly mentioned.

In the Lower Houee read the first time and passed.

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


Tuesday. October 10th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Read the Bill for an Act to enforce several Statutes of Great Britain, in this Province the first time and past.

The Bill for an Act for relief of the Poor, read the first time and past.

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


Wednesday October 11th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

And adjourned untill Three o'clock in the afternoon.

The House met according to adjournment.

Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. Swann and Mr. Starkey Brought up the following Bills (viz.)

A Bill, for altering, explaining and making perpetual an Act entituled An Act for the better regulating the Militia of this Government.

A Bill for an additional Act to an Act entituled, An Act to provide indifferent Jurymen in all Causes both Civil, and Criminal, and for an allowance for their attendance.

A Bill to revive a Clause in an Act of the General Assembly of this Province, intituled, An Act to fix a place for the seat of Government, and for keeping Publick Offices, for appointing circuit Courts, and for defraying the expence thereof, and also for establishing the Courts of Justice, and regulating the proceedings therein, past the fifth day of December 1746.

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A Bill to confirm the several Acts of Assembly of this Province therein mentioned, as revised by the Commissioners appointed by an Act of the General Assembly of this Province, intituled an Act for appointing Commissioners to revise and print the Laws of this Province and for granting to his Majesty, for defraying the charge thereof, a Duty on rum, wine and distilled Liquors, and rice imported in this Province.

A Bill to appoint a Publick Treasurer in the room of the Honourable Edward Moseley Esqre deceased.

In the Lower House read the first time and past.

Then the House adjourned 'till tomorrow morning Nine o'clock.


Thursday. October 12th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Then the House were pleased to order the following Bills to be read (viz.)

The Bill, to revise a clause in an Act of the General Assembly intituled An Act for the seat of Government &c:

The Bill, to appoint a Publick Treasurer &c:

A Bill, for an additional Act to provide indifferent Jurymen &c:

The Bill, for an Act for making perpetual the Militia &c:

The Bill, for an Act to confirm the several Acts of this Province.

Read the said Bills the first time, and past.

Mr. Marsden, and Mr. Clark Brought up the Bill for an Act, for putting in force the several Statutes of the Kingdom of England &c: in this Province. In the Lower House read the second time and passed with Amendments. In this House read the second time, and passed with Amendments.

Mr. Sampson and Mr. Macklewain Brought up the Bill, for an Act, for dividing the upper part of New Hanover County into a County and Parish, and also the upper part of Bladen County into a County and Parish &c: In the Lower House read the second time and past with Amendments.

Mr. Starkey and Mr. Haywood Brought up a Bill, for an Act for the relief of the Poor &c: In the Lower House read the second time, and passed with Amendments.

The the House adjourned till three o'clock in the afternoon.

The House met according to adjournment.

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Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. Starkey and Mr. Haywood Brought up the Bill for an Act to enable the Justices to provide certain law books for the use of their County &c: In the Lower House read the second time and passed with Amendments.

The Bill for an Act to divide the upper part of New Hanover County into a County and Parish, and the upper part of Bladen into a County and Parish. &c: Read and the question being put, whether the said Bills should pass, the same was rejected.

The Bill for an Act to enable the Justices of the several Counties to provide law Books &c: Read and the question being put whether the same should pass the same was rejected.

The Bill for relief of the Poor &c: read the second time and rejected. Nemine Contradicente.

Then the House adjourned till To-morrow morning Nine o'clock.


Friday October 13th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. Swann and Mr. Starkey Brought up the following Bills (viz.)

The Bill to confirm several Laws of this Province. &c.

The Bill for altering and explaining the Militia Law. &c.

The Bill to appoint a publick Treasurer. &c:

The Bill to revise a Clause in an Act, entituled an Act to fix the place for the seat of Government. &c:

The Bill for providing indifferent Jurymen. &c. In the Lower House read the said Bill the second time, and passed with Amendments.

The Bill to confirm the several Laws of this Province. &c: Read and passed the second time.

The Bill for providing indifferent Jurymen. &c: Read and passed with amendments the second time.

The Bill to revise a clause in an Act, intituled, an Act to fix a place for the seat of Government. &c: Read the second time and passed.

The Bill to appoint a publick Treasurer. &c: Read the second time and passed.

The Bill to explain and alter the Militia. &c: Read the second time and past.

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Mr. Starkey and Mr. Swann brought up the Bill to enforce the several Statutes of Great Britain in this Province. In the Lower House read the third time and passed with Amendments. In this House read the third time and past. Ordered the same be sent down and engrossed.

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

The House met according to adjournment.

Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. Sampson and Mr. Haywood Brought up the following Bills (viz.)

The Bill to appoint a publick Treasurer. &c:

The Bill for altering, explaining and continuing the Militia Law. &c:

The Bill for providing indifferent Jurymen. &c:

The Bill to revive a clause, in an Act, intituled an act, to fix a place for the seat of Government. &c:

In the Lower House read the third time and past.

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


Saturday October 14th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

The Bill appointing a Treasurer. &c: Read the third time, and ordered to be sent down & engrossed.

The Bill for altering and explaining the act for regulating the Militia. &c:

The Bill to revive a Clause in the act of Assembly for fixing the seat of Government. &c:

The Bill for providing indifferent Jurymen. &c: Read the third time, and ordered the same to be sent down and engrossed.

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


Monday. October 16th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. McKlewain and Mr. Clark Brought up the following message (viz.)

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Gentlemen of his Majesties Honourable Council,

We have appointed Mr. John Starkey and Mr. Dawson a Committee of this House to examine and compare the Laws passed your Board and the General Assembly this Sessions which are engrossed, in conjunction with those of your Board. as your Honours shall think fit.

The House, on reading the above message thought fit to appoint the Honourable James Murray and William Forbes Esqrs a Committee of this House to join those of yours.

Whereupon the Members of the Lower House, in a Committee came up to the Council Chamber, and the Committee of both Houses proceeded upon comparing the said Bills.

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

The House met according to adjournment.

Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Then 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, and this Board in the Council Chamber and his Excellency gave his assent to the Act to put in force in this Province, the several Statutes of the Kingdom of England &c:

The Act to revive a Clause in an Act of the General Assembly intituled an Act to fix a place for the seat of Government. &c:

The additional Act to an Act for providing indifferent Jurymen &c:

The Act to appoint a Publick Treasurer. &c:

The Act for altering, explaining and confirming an Act for regulating the Militia. &c:

Then his Excellency withdrew. And the House adjourned until tomorrow morning nine o'clock.


Tuesday. October 17th The House met according to adjournment.
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

And adjourned until three o'clock in the afternoon.

The House met according to adjournment.

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Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

Mr. Sampson and Mr. Clark Brought up the following Message. (viz.)

Gentlemen of his Majestie's Honourable Council

The Commissioners by Law appointed for stamping and emitting the sum of Twenty one thousand, three hundred and fifty pounds, publick Bills of Credit, and for exchanging the present Bills of Credit, having produced to this house, the sum of seven Thousand, five hundred, and ninety eight pounds of the Old Bills of Credit, by the said Commissioners exchanged this House have resolved that the same be burnt, in the publick Street, at four o'clock this evening, in presence of your Honours: to which this House desires your Honours concurrence, and that you will be pleased to be present at the same.

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

Mr. Speaker and Gentlemen

This House concur with your Message, just now by Mr. Sampson and Mr. Clark relating to the burning the Bills and will attend at the time accordingly

Mr. Sampson and Mr. Haywood Brought up the Bill for confirming the Several Acts of Assembly in this Province &c: In the Lower House read the third time and passed. In this House read the third time and passed.

Ordered the same to be sent down and engrossed

Then the House adjourned until To-morrow morning Nine o'clock.


Wednesday October 18th The House met according to adjournment
Present.
The Honourable Eleazar Allen. Esqr Member of the Council.
The Honourable James Murray. Esqr Member of the Council.
The Honourable Mathew Rowan. Esqr Member of the Council.
The Honourable William Forbes. Esqr Member of the Council.
The Honourable Roger Moore. Esqr Member of the Council.
The Honourable James Hasell. Esqr Member of the Council.

His Excellency the Governour came to this House and sent a Message to the Lower House, commanding their immediate attendance, with what Bills were engrossed. Whereupon Mr. Speaker attended by the Lower House waited on his Excellency the Governour in the Council Chamber when Mr. Speaker presented for his assent the following Bill (viz:)

The Bill to confirm the several Acts of Assembly of this Province therein mentioned as revised by the Commissioners appointed by an act

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of the General Assembly of this Province intituled an Act for appointing Commissioners to revise and print the Laws of this Province, and for granting to his Majesty for defraying the expence thereof a Duty, on wine, rum, and distilled liquors, and Rice imported. To which his Excellency was pleased to assent, and then made the following Speech (viz:)

Gentlemen of his Majesties Council, the Speaker and Gentlemen of the House of Burgesses.

It is with great satisfaction that I now congratulate you on finishing the revisal of your Laws in order to their being printed, a work earnestly desired by and zealously struggled for by every honest man, for these fifteen years past but never could be got accomplished till now, by reason of the violent opposition and low intrigues of a restless sett of Men, who will always find their account in keeping the Country in ignorance and confusion.

It is from this happy Period you may date your having any Laws at all, for when Laws are not duly promulgated, when the Copies of them are hard to come at, and abound with Errors and mistakes of different Transcribers: such a scituation is really, and in effect, very little different from being entirely without Laws.

It must be a vast pleasure to you Gentlemen, when you reflect, that Providence has made you instruments of doing so much good to your fellow-subjects, your Country and Posterity. And I hope that what you have done (thō it is a great deal more than could have reasonably have been expected in so short a time) is only an Earnest and small Beginning of what the publick may expect from your future endeavours. There are many things essention to the happiness and Posterity of Society, still wanting among us; I shall only point out two of them at present: the first is, the want of a sufficient Provision for maintaining the Publick service and Worship of Almighty God in which we are most shamefully, and beyond all other Provinces in his Majestys dominions, deficient; and next to that, a Provision for the farther security of the Estates and Properties of Widows and Orphans. By the first of these, you give a proof of that Revenue and regard to the Supreme Governour of the Universe, so justly due to Him from all his rational creatures, and without whose aid and Blessing, all your other endeavours will prove to little purpose: By the second you will have an opportunity of shewing a becoming pity and compassion on the most Feeble and Helpless, and upon that account, I am afraid, frequently the most injured and oppressed Part of the Human Species. After so hard and

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laborious a Session, I do not purpose these matters to your immediate Consideration, but I heartily wish you would consult your Constituents on these Points, and come prepared to enter upon them at your next meeting. I shall detain you no longer Gentlemen, only wish you a happy return to your Families and Plantations.

GAB: JOHNSTON.

And then his Excellency was pleased to prorogue this Assembly to the fourth Tuesday in March next, to be then held at Newbern.