Read an Order of the Lords of the Committee of Council dated 21st Nov. 1749 referring to this Board two packets of papers relating to a complaint concerning an Act passed in North Carolina in 1746 for the better ascertaining the number of Members to be chosen for the several counties within that Province to sit in General Assembly and directing this Board to proceed in the examination of this affair and make their further report thereupon to the Lords of the Committee.
Mr. Abereromby attending moved their Lordships to appoint a day for taking the above mentioned Order and Papers into consideration thereupon Mr. Abercromby was acquainted that their Lordships should take this affair into consideration on Thursday next the 29th inst. when he was desired to attend and the Secretary was orderd to give notice to Mr. McCulloh Agent for the Petitioners against the Act to attend at the same time.
The Secretary having informed their Lordships that Mr. McCulloh Agent for the petitioners against the Act passed in North Carolina for regulating the Assembly had signified to him that he could not be prepared to be heard by Council on the day appointed by their Lordships for taking this affair into consideration the Secretary was directed to write to Mr. McCulloh and also to Mr. Abercromby Agent for the Province to attend on Monday next the 26th at eleven o'clock.
Mr. Abercromby Agent for the Province of North Carolina aud Mr. McCulloh Agent for the petitioners against an Act passed there for regulating the Assembly attending as desired by the preceding Minutes Mr.cCulloh acquainted their Lordships that he was ready to be heard thereupon whenever their Lordships should appoint thereupon Tuesday 24th of April was agreed upon when both parties were ordered to attend.
Read Mr. Lamb's report upon 21 Acts passed in the Province of North Carolina between Novr 1746 and Octr 1748.
Their Lordships taking into consideration the above mentioned Acts reported upon by Mr. Lamb ordered the two following Acts Viz:
An Act for the better ascertaining the number of Members to be chosen for the several Counties within this Province to sit in General Assembly and for establishing a more equal Representative of all His Majesty's Subjects in the House of Burgesses.
An Act to fix a place for the seat of Government and for keeping public offices for appointing Circuit Courts and defraying the expense thereof and also for establishing the Courts of Justice and regulating the proceedings therein.
to be sent to the Attorney and Solicitor General for their opinion thereupon and that the petition of the inhabitants of the Northern Counties against the first mentioned Act should likewise be sent to them together with all such evidence and papers as have been transmitted in support of the said petition as well as in support of the Governor Council and Assembly for passing the said Act and likewise all such papers that have been laid before the Board which any way relate to that matter.
Resolved that the Order for hearing the several parties concerned in this affair on the 24th inst. be discharged and that the Secretary do write to Mr. Abercromby Agent for the Province and to Mr. McCulloh Agent for the Petitioners against the Act to desire their attendance at the Board tomorrow morning.
Mr. Abercromby Agent for North Carolina and Mr. McCulloh Agent for the Petitioners against the Act for ascertaining the number of the Members of the Assembly attending as desired, they were acquainted that their Lordships had referred this matter to his Maj. Attorney and Solicitor General for their opinion as to the legality of the Act and had ordered all such papers in their Office as relate in any way to this affair to be laid before them and that the order for hearing the partys on the 24th inst. was discharged.
Read a Memorial of the Agent for North Carolina with two affidavits taken before a Master in Chancery dated the 8th inst. relating to the present situation of affairs in that Province and praying a speedy hearing on the petition of the Northern Counties
Read the reply of the Northern Counties to Gov. Johnston's Answer to their petition of complaint.
Ordered that the Secretary do transmit the afore-mentioned two papers to His Maj. Attorney and Solicitor General and desire their opinion upon the two Acts lately referred to them.
Mr. Abercromby Agent for the Province of North Carolina attending moved their Lordships to grant him a copy of a Law lately passed in that Province for the better regulating the payment of his Maj. Quit Rents which was accordingly granted and a copy thereof ordered to be made and delivered to him.
Read the following letter & papers from Gabriel Johnston Esq. Govr of North Carolina, Viz:
Letter from Mr. Johnston Govr of North Carolina to the Board dated at Edenton 22d May 1749 acquainting the Board that he shall put his Maj. Orders relative to the poor Palatines into immediate execution and referring to a large quotation of the method of levying taxes in that Colony transmitted by him to the Board.
Letter from Mr. Johnston Govr of North Carolina to the Board dated at Edenton 21st Dec. 1749 relating to the state of his Maj. Council in that Province & transmitting Minutes of Council from the 3rd to the 4th April 1749.
Letter from Mr. Johnston Govr of North Carolina to Mr. Hill dated at Edenton the 16th of April 1750 inclosing an account of indigo made in that Province in the year 1749 and acknowledging his having received the Board's orders to make answer to Mr. McCulloh's Memorial
Minutes of Council of North Carolina in Sept. & Oct. 1749.
Ordered that the draught of a letter to Mr. Johnston Governor of North Carolina in answer to those received from him since the Board's last letter be prepared—which was agreed to, transcribed & signed.
The Secretary laid before the Board the following papers received from Mr. Abercromby Agent for the Province of North Carolina, viz:
The Answer of Gabriel Johnston Esq. Governor of North Carolina to the Memorial of Henry McCulloh. Depositions and other original papers in support of Governor Johnston's answer to Mr. McCulloh's Complaint against him
Copy of Mr. Abercromby's letter to the Secretary of the Lords of the Treasury dated the 25th June 1750.
Ordered that the Secretary do write to Mr. McCulloh to acquaint him that the Board have received Govr Johnston's Answer to his Complaint against him and to desire to know if he is prepared to be heard thereupon.
Read a letter from Mr. McCulloh to the Secretary dated the 29th of Octr 1750 acquainting him that by his latest advices from his Agents in North Carolina Mr. Johnston had not served them with a copy of his Answer to his Memorial or the Evidences taken thereon and had also refused the seal being put to the Evidence taken in support of the charge but that he had directed the papers to be sent over by his Agents forthwith and as soon as he received them he should attend the Board therewith.
Read a letter from Gabriel Johnston Esq. Govr of North Carolina dated at Edenton 1750 inclosing an account of five ships of the Spanish Flota put on shore on the coast of that Province by the Great storm August 18th 1750.
N. B. A copy of the Account inclosed in the above letter was sent to the Duke of Bedford with a letter from the Board dated 29th Novr last.
Read Mr. Attorney and Solicitor General's Report dated the 1st inst. upon two acts passed in North Carolina in 1746 referred to them in April and May last.