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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
October 01, 1751 - October 12, 1751
Volume 04, Pages 1250-1255


At a Council held at the Council Chamber in New Bern the 1st Day of October 1751
Present His Excy the Governour
The Hon. Math Rowan Esqr Member of Council
The Hon. Ja Innes Esqr Member of Council
The Hon. Ja Murray Esqr Member of Council
The Hon. Jno Rutherford Esqr Member of Council
The Hon. Ja Hasell Esqr Member of Council
The Hon. Jno Swann Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

Samuel Pope's for 150 acres in Craven, William Whitney 150 Craven, James Henry 100 Bladen, Timothy Allen 250 Hyde, William Carruthers 200 Beau., James Denson, Junr 200 Anson, Caleb Touchstone 200 Anson, Benjamin Vines 150 Anson, Jno Simmons 250 Anson, Wm Wilson 600 Anson, Jno Price 600 Anson, Robert McClenham 400 Anson, Robert Calwell 600 Anson, William Davis 300 Anson, Robert Davis 600 Anson, Andrew Mitchell 400 Anson, John Cathey 800 Anson, Granted

Jane M Wherton 400 in Anson, Thomas Roberson 800 in Anson, Henry White 800 Anson, William Roleston 600 Anson, Samuel Davis and James Carter 500 Anson, James Armour 600 Anson, Andrew Pickens 800 Anson, Jno Duggen 600 Anson, Wm King 300 Anson, Wm Dry 320 New Hanover, Francis Parker 500 Bladen, Wm Barham 150 Bladen, Matthew Small 350 Bladen, Silvanus Saul 100 Bladen, Jno Hill 250 Craven, George Salter 300 Anson, Jno McLane 200 Anson, Garrit Johnston 100 Craven, David Lindsay 640 Craven, Robert Mears 640 Duplin, Thomas Kennels 600 Anson, Jacob Johnston 300 Craven, John Dunn for 100 acres in Bladen. Granted

Thomas Kennels 600 Anson, Thomas Davis 100 Bladen, Samuel McVeney 600 Anson, Jno Linn 200 Anson, William Roberts 800 Bladen, Jno Mills Junr 640 Beauft, James Ellison 640 Beauft. Granted

Read sundry Petitions for Patents for Land as follows Vizt

George Brownes for 150 acres in Bladen, Robert McCappin 315 Anson, Edward Griffith 50 Craven, Jno Smith 66 New Hanr, Jno Murphy 100 Craven, Jno Vendrick 100 Craven, Lemuel Hatck 640 Craven, Jno Hall 200 Anson, Andrew Pressley 260 Anson, Charles McDowell 200 Anson, Daniel O Shoot 200 Anson, William Gibson 66 Onslow, Conrid Whitman 200 New Hanr, Griffith Jones 100 Bladen. Granted

Thomas Everton 200 Craven, Henry Gibbins 300 Craven, Jno Peters 300 Craven, Thomas Kinnion 50 N Hanr, Alexander McKiken 640 Bladen. Granted

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His Excellency the Governour was pleased to acquaint the Board that he had received an Address from the lower House and demanded their Opinion and Advice therein which was read and is as follows Vizt

May it please your Excy

This House desires You'll be pleased to direct the Commissioners appointed by your Excy to sell such goods as were saved and taken from the Spanish Wreck to lay before your Excellency an Account of the monies arising by such sales and the distribution thereof at the next Assembly and to pay one fourth of the Monies arising by the sale thereof to the Public Treasurer, that the said fourth part may be Applyed by your Excy the Council and General Assembly Agreeable to your Excy former Appointment

By order
SAMl SWANN Speakr

Oct 1st 1751

The Board informed his Excellency that as Mr. George Nickolas had entered Caveat or Protest against any proceedings to be had in Consequence of such his Excellency's Appointment they could not, as they concieved, regularly do anything in the affair without first hearing what the said Nicholas [had] to say in relation thereto. Whereupon it was Ordered that the Matter over till to morrow.


At a Council held at the Council Chamber in New Bern the 2d Day of October 1751
Present His Excy the Governour
The Hon. Math Rowan Esqr Member of Council
The Hon. Ja Innes Esqr Member of Council
The Hon. Ja Murray Esqr Member of Council
The Hon. Jno Rutherford Esqr Member of Council
The Hon. Ja Hasell Esqr Member of Council
The Hon. Fra Corbin Esqr Member of Council
The Hon. Jno Swann Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

Cobb Howells for 300 acres in Anson, Joseph Hannis 300 Craven, Jno Gregory 200 Onslow, Benjamin Blackburn 100 Duplin, Saml Griffis 100 Craven, Benjamin Turner for 200 acres Onslow, Granted

Read sundry Petitions for Patents for Land Vizt

William Teague's for 100 acres in Johnston, Adam Platt 200 Craven, Samuel Davis 200 Anson, James Armstrong 300 Anson, Saml Cubern 400 Anson, William Terry 100 Craven, Edmund Cartledge 400 Anson, Samuel Wilson 640 Anson, James Armstrong 300 Anson, Simon Herring 600 Duplin, William Rickle 100 Anson, Saml Wilson 400 Anson, Jno Clark 500 Anson, Jno Clark 200 Anson, James Crawford 100 Onslow, James Gillespie 1280 Anson, James Gillespie for 200 acres in Anson Granted

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His Excellency was pleased by and with the advice & Assent of his Majestys Council to Order that a Commission of the peace & Dedemus issue to Perquimans County constituting and appointing the former persons Justices & adding thereto Jno Clayton John Harvey Benjamin Harvey Abraham Ballard Benjamin Pervey Robert Reddick and Jacob Doctore.


At a Council held at the Council Chamber in New Bern the 5th Day of October 1751
Present His Excy the Governour
The Hon. Math Rowan Esqr Member of Council
The Hon. Ja Innes Esqr Member of Council
The Hon. Ja Murray Esqr Member of Council
The Hon. Fran Corbin Esqr Member of Council
The Hon. Ja Hasell Esqr Member of Council
The Hon. Jno Swann Esqr Member of Council

Read the Petition of Richard Flanikin to this Board setting forth that William Payton, a Justice in the Commission of the peace for Beaufort Connty had acted towards him in a manner very illegal & inconsistent with the Duty of a Majistrate.

Then the petitioner produced William Dunbar, Wm Tripp, Jeremiah Smith and William Daco as Evidence to support his Allegation who being sworn and examined upon the subject thereof, and the said Peyton fully heard in his Defence, his Excelly was pleased to demand the Advice of the Council therein who having duely weighed and Considered thereof were unanimously of Opinion that the matter complained of was clearly proved and that the said Peyton for behaving so unworthily in his Office ought to be suspended, Ordered that the said William Peyton be and he is hereby suspended from his power of acting as a Justice for the space of six months and that he pay and satisfy all cost and Charges of Evidences and otherwise accrewing on this Complaint before he be restored and that the chairman of the said Court be certified thereof

Read the following Petitions for Warrants for Land Vizt

Mathew Rowan's for 350 acres in Bladen, Mathew Rowan 350 Bladen, Saml Davis & Jas Carter 800 Anson, William Alexander 500 Anson, Richard Denson 300 Anson, Saml Davis & James Carter 600 Anson Granted

Read sundry petitions for Grants for patents as follow Vizt

Charles Gavins for 1000 acres in Duplin, Thomas Smith 120 Craven, Wm Dry 300 Anson, Wm Dry 400 Anson, Wm Dry 300 Anson, Wm Dry 300 Anson, Jacob Miller 250 Anson, Granted

Read the Petition of Thomas Norwood for a Grant for Forty five Acres of Land in Craven County which being opposed by Mr. Lovett,

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in behalf of the Heirs of William Lister Deceased is ordered to lye over till to morrow.


At a Council Held at the Council Chamber in New Bern the 7th day of October 1751
Present His Excelly the Governour
The Honble Math Rowan Esqr Member of Council
The Honble Ja Innes Esqr Member of Council
The Honble Ja Murray Esqr Member of Council
The Honble Jno Rutherford Esqr Member of Council
The Honble Ja Hasell Esqr Member of Council
The Honble Fra Corbin Esqr Member of Council

Read the Petition of Jacob Francks for a Grant for two hundred acres of Land lying in Craven County in consequence a Warrant surveyed and returned, Mr. Swann appeared in behalf of George Counce and opposed the granting of the said Petition, setting forth the said Land was included in a Deed passed by Martin Franck the Petitioners Father, in his life time to the said George Counce to whom therefore and in he having duly paid his Majesty's rents for these Twenty years past, he moved the preference of a Warrant for the same might be granted. Then Mr. Haritage Council for the Petitioner Francks appeared and acquainted the Board, that previous to the Execution of the said Deed from Martin Franck to George Counce as aforesd twas agreed between the parties that Franck should patent the Land now in controversy, praying the Rents, on a full hearing of the Arguments on both sides tis considered and Ordered, that Franck survey be set aside and that a Warrant issue to the said George Counce for the premises on Application for the same.


At a Council held at the Council Chamber in New Bern the 8th Day of October 1751
Present His Excy the Governour
The Hon. Math Rowan Esqr Member of Council
The Hon. Jno Rutherford Esqr Member of Council
The Hon. Ja Murray Esqr Member of Council
The Hon. Ja Innes Esqr Member of Council
The Hon. Ja Hasell Esqr Member of Council
The Hon. Jno Swann Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

Henry Skibbons for one hundred acres of Land in Onslow, Jno Turner 100 in Craven, George Higginbottom 300 Anson, Abraham Stover 300 Anson, Jno Price 600 Anson, George Counce 200 Craven, James Calef 640 Beauft Jno Roberts 200 Cart, Jas McWhertmer 400 Anson. Granted

Read sundry Petitions for Grants for Patents as follows Vizt

Phillip Millars for 200 acres in Bladen, Jno Becton 150 Craven, Jno Prescot 60 Craven, Jno Dunn 150 Craven, Michael Higgins 200 Craven, Benjamin Turner 200 Onslow Granted

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Edward Givin for 400 acres Anson, Thomas Harrold 250 Craven, Robt Lepper 300 Anson, Thomas Norwood 45 Craven. Granted

His Exoy was pleased by and with the Advice and Consent of his Majesty's Council to Order that a New Commission of the Peace issue to New Hanover County Constituting and appointing the former Persons Justices and adding thereto Lewis De Rossett and John Ashe Esqrs


At a Council held at the Council Chambers in New Bern the 10th day of Octor 1751
Present His Excy the Governour
The Hon. Math Rowan Esqr Member of Council
The Hon. Jno Rutherford
The Hon. Ja Murray Esqr Member of Council
The Hon. Fra Corbin Esqr Member of Council
The Hon. Ja Hasell Esqr Member of Council
The Hon. Jno Swann Esqr Member of Council
The Hon. Ja Innes Esqr Member of Council

Read the Petition of Henry Hill in the following words Vizt

To His Excellency Gabriel Johnston Esqr Governor the Honourable Council

The humble Petition of Henry Hill—

That your petitioner having purchased for a valuable consideration six hundred and forty acres of Land lying in Chowan County of the Chowan Indians at their special instance and request which has appeared to his Excellency when they appeared before him in May 1748 But by the Law of this Province passed in the year 1715 it is amongst other things Enacted that the sale of Lands purchased from the Indians, shall pass by assent of Governor and Council. Your Petitioner therefore humbly prays that he is a fair Purchaser for a valuable consideration your Excellency and will be pleased to give your assent to his Purchase for said Land and pray &c

HENRY HILL

Dated Octo 10 1751

Which being considered his Excellency the Governour with the advice and Consent of the Council was pleased to approve of the said purchase and admit the Deed to Record and the same is hereby Ordered to be Recorded


At a Council held at the Council Chamber in New Bern 11th day of October 1751
Present His Excy the Governour
The Hon. Math Rowan Esqr Member of Council
The Hon. Jno Rutherford
The Hon. Ja Murray Esqr Member of Council
The Hon. Fra Corbin Esqr Member of Council
The Hon. Ja Hasell Esqr Member of Council
The Hon. Jno Swann Esqr Member of Council
The Hon. Ja Innes Esqr Member of Council
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His Excellency the Governour was pleased by and with the advice and consent of the Council to constitute and appoint James Murray and Francis Corbin Esqrs and Colo John Dawson Associate Justices for and within this Province and tis Ordered that a commission do issue accordingly for that purpose.

Whereas several of the persons by Law appointed Commissioner of Fort Johnston at Cape Fear being Dead his Excellency thought fit by and with the advice and Consent of his Majestys Council to appoint James Murray James Innes John Rutherford Esqrs and Colo William Dry Commissioners in the room of those Deceased

Ordered that Writs of Election issue to New Hanover and Granville Counties returnable the second Tuesday in February next

Then the Council adjourned till 3 OClock P. M.

The Council met according to adjournment Present as before

John Rutherford Esqr his Majestys Receiver General of this Province exhibited his accompts of the Receipts of his Majestys Quit rents within the same from the 14th of May to 5th of October 1751 inclusive, and swore thereto before his Excy the Governour in Council which is Ordered to be certified

Read sundry Petitions for Warrants for Land as follows Vizt

William Waggoner's for 200 Acres in Beaufort, Alexander McCullock 200 Duplin, Jno Dudley 300 Onslow, Anne Walker 640 N Hanover, Thomas Cuthrill 150 Craven Granted

Read the following Petitions for patents for Land Vizt

Samuel Goodman for 200 Acres Bladen, Samuel Goodman 640 Bladen, Samuel Goodman 640 Bladen, Samuel Goodman 640 Bladen, Paul Trapiere 640 Anson, Granted

Thomas Pugh 300 Anson, Beniram Treadwell 400 N Hanover, Samuel Carver 500 Bladen, Wm Williams 640 Onslow, Wm Williams 200 Onslow, William Rentledge 100 Craven, Thomas Willcocks 200 Onslow, Granted


At a Council held at the Council Chamber in New Bern the 12 Day October 1751
Present His Excy the Governour
The Honble Math Rowan Esqr Member of Council
The Honble Jno Rutherford
The Honble Ja Murray Esqr Member of Council
The Honble Fra Corbin Esqr Member of Council
The Honble Ja Hasell Esqr Member of Council
The Honble Jno Swann Esqr Member of Council
TThe Honble Ja Innes Esqr Member of Council

Read the following Petitions for Grants for patents Vizt

Jno Porters for 100 Bladen, Peter White 300 Bladen, Henry Simms 200 Bladen, Thomas Johnston 100 Bladen, William Johnston 100 Bladen, Granted

By order
JNO RICE C C