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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
September 24, 1751 - October 12, 1751
Volume 04, Pages 1256-1274

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

At a General Assembly begun and held at Newbern the Twelth day of June in the Nineteenth year of our Sovereign Lord George the Second by the Grace of God, of Great Britain, France and Ireland King Defender of the faith &c: and in the year of our Lord one Thousand seven hundred and forty six: and from thence continued by several Prorogations until the Twenty fourth day of September in the year of our Lord One thousand seven hundred and fifty one, and from thence continued until the Twenty sixth instant.

Present
The Honourable Mathew Rowan. Esqr Member
The Honourable John Rutherford. Esqr Member
The Honourable James Murray. Esqr Member
The Honourable Francis Corbin. Esqr Member
The Honourable James Hasell. Esqr Member
The Honourable John Swann. Esqr Member
The Honourable James Innes. Esqr Member

Adjourned 'till to-morrow morning nine o'clock.


Fryday September 27th 1751. The House met according to adjournment.
Present his Excellency the Governor.
The Honourable Mathew Rowan. Esqr Member
The Honourable John Rutherford. Esqr Member
The Honourable James Murray. Esqr Member
The Honourable Francis Corbin. Esqr Member
The Honourable James Hasell. Esqr Member
The Honourable John Swann. Esqr Member
The Honourable James Innes. Esqr Member

Mr. Sampson and Mr. Clark came up from the Lower House and acquainted this Board that there were several Members of their House to be qualified.

Whereupon His Excellency ordered the Honourable James Murray and John Swann Esqrs to qualify them and immediately return to their House.

Then his Excellency sent a mandate to the Lower House commanding their immediate attendance Whereupon the Speaker attended by the Lower House, came up to this House, when His Excellency made the following Speech.

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

I should have met you some months sooner if I had not been in daily expectation of learning the fate of those two Laws, which are of so great importance to the settlement of this Province; That for an equal representative, and that for fixing the seat of Government and Courts of Law.

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But as nothing final has been determined about them and his Majesties Attorney and Solicitor General have made one Objection, and but one, that is the want of a suspending clause, until the Kings pleasure was known, upon which account, they report they cannot advise the confirmation of them, I could no longer forbear the assembling you, for the dispatch of public business.

It must be a great satisfaction to you Gentlemen when you reflect that neither those learned Sages of the Law nor any other of the Ministry have made the least objection to the substance of these laws, on the contrary by repeated accounts from home, I am assured, they are fully satisfied of the absolute necessity of putting it out of the power of the Members of Six Counties to defeat all the good and wholesome intentions of a whole legislature, which they most notoriously did for twelve years together, and to fix a central place for public meeting, where proper Offices may be erected, and in consequence to this by the latest accounts, I am informed that the Lords of Trade have had under their Review for some time past the whole state and constitution of this Colony, in order to make a report to his Majesty, who will, no doubt, out of his fatherly tenderness to all, even the most distant of his subjects, give proper directions for supplying every defect and rectifying whatever is amiss.

In the mean time Gentlemen, you have a fresh opportunity of doing Services to your Country, by adding to the number of excellent Laws you have already passed, such new ones as may be still wanting: you have been already the instruments of doing more real services to your Country, than all your predecessors put together, and I dont at all doubt, but you will continue to proceed with the same prudence, unanimity, and publick spirit you have hitherto done.

GAB: JOHNSTON.

Newbern. September 27th 1751.

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

The House met according to adjournment.

Present
The Honourable Mathew Rowan. Esqr Member
The Honourable John Rutherford Esqr Member
The Honourable James Murray. Esqr Member
The Honourable Francis Corbin Esqr Member
The Honourable James Hasell Esqr Member
The Honourable John Swann Esqr Member
The Honourable James Innes. Esqr Member

Then the House was pleased to order the Governor's Speech to be read, which accordingly was, and the Honourable James Murray, James Hasell and John Swann Esqrs were appointed to prepare an Address to his Excellency

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Mr. Housten and Mr. De Rosset Brought up the following Message (viz.)

Gentlemen of his Majesties Honourable Council.

We have appointed a Committee of the following Gentlemen, to examine State, and settle the publick accounts of this Province &c:

Mr. Thomas Kerney, Mr. Lewis De Rosset, and Mr. Eaton.

And also a Committee of the following persons to settle, and allow the publick claim.

Mr. Starkey, Mr. Thomas Lovick, Mr. Francis Brice, Mr. John Dawson and Mr. William Houston in conjunction with such of your Members of your House, as your Honours shall think fit

By Order.
SAMl SWANN.

Then the House took under their consideration the Message of this day and ordered the following message to be sent (viz.)

Mr. Speaker and Gentlemen of the House of Burgesses.

This House taking under their consideration, the Message of this day, regarding the appointment of the Committees of accounts and claims, thought fit to appoint the following Gentlemen, in conjunction with those of your House, to wit, the Honourable James Murray and Francis Corbin Esqrs for accounts and the Honourable James Hasell and John Swann Esqrs on the claims.

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


Saturday. September 28th The House met according to adjournment.
Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

And adjourned till Monday Morning. 9 o'clock.


Monday. September 30th The House met according to adjournment.
Present
Mathew Rowan. Esqr Member.
John Rutherford. Esqr Member.
James Murray. Esqr Member.
Francis Corbin. Esqr Member.
James Hasell. Esqr Member.
John Swann. Esqr Member.
James Innes Esqr Member.

The Gentlemen appointed by this board to draw up an address to his Excellencys Speech, reported the same; which was ordered to be read, and being approved of, was ordered to be engrossed.

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His Excellency came to the board, and the Honourable Mathew Rowan Esqre the eldest Councellor, presented to his Excellency the said address, which was in the following words (viz.)

To his Excellency Gabriel Johnston Esqre Captain General, Governor, and Commander in Chief, in and over his Majesties Province of North Carolina.

The humble address of his Majesties Council of the said Province met in General Assembly.

May it please your Excellency.

We his Majesties most dutiful, and loyal subjects, the Members of his Majesties Council, for this Province, met in General Assembly, beg leave to return your Excellency our unfeigned thanks, for your Excellency's Speech, to both Houses at the opening of this Session.

Your Excellency's expectation of knowing his Majesties pleasure, concerning the two important Laws, for the settlement of this Province, that for an equal representative, and that fixing the seat of Government, and Courts of Law, which enduced your Excellency to prorogue the Assembly to this Time proceeding, no doubt, from the impartial regard, your Excellency hath ever shewn for the happiness and prosperity of all his Majesties subjects, under your Government, and, it must be from this Regard, your Excellency wishes, as every honest and unprejudiced man among us, must wish, for the speedy confirmation of those Laws, which in all human probability will soon place the Country, in a flourishing condition. We shall on our parts most cheerfully concur with the other House in passing such Laws as may be necessary, at this Juncture, for the happiness of the people, consistent with the duty we owe his Royal Majesty, notwithstanding all endeavours, to defeat your Excellencie's and our intentions for the General Good.

By Order
MATHEW ROWAN.

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

The House met according to adjournment.

Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

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

A Bill, for an Act, for appointing Inspectors in New Hanover County, and for regulating the Exports of Cape Fear.

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A Bill, to alter the Times, for holding the Courts for the County of Craven.

In the General Assembly read the first time and passed

Also a Bill, to appoint a convenient place for holding the County Courts of Duplin and to impower the Commissioners hereafter mentioned to build a Court House, prison and stocks in the said County.

Also an other Bill, to revive an Act, intituled to appoint an Agent to sollicit the affairs of this Province, at the several Boards in England.

In the General Assembly read the said Bills, the first time and passed. In this House read and passed.

Then the House adjourned 'till Tomorrow morning 9 o'Clock.


Tuesday. October 1st 1751. The House met according to adjournment.
Present
Mathew Rowan. Esqr Member.
John Rutherford. Esqr Member.
James Murray. Esqr Member.
Francis Corbin Esqr Member.
> James Hasell. Esqr Member.
John Swann. Esqr Member.
James Innes Esqr Member.

Mr. Stringer and Mr. Herring Brought up a Bill, for an Act for impowering the Justices of Johnston County, to make, mend and repair all roads, bridges, cutts, and water courses already laid out, or hereafter to be laid out in the said County. In the General Assembly read the first time and passed. In this House read and passed.

Mr. Houston and Mr. De Rosset Brought up the following Bills (viz)

A Bill to explain part of a Clause, in an Act intituled, an Act for establishing the Church, for appointing Parishes, and the method of electing Vestries and for directing the method for settling of Parish accounts throughout this Government.

A Bill, for building a Church at Willmington in St James Parish, in New Hanover County.

A Bill, for granting to his Majesty a Duty on the Importation of rum and wine into Anson County from South Carolina.

A Bill for an additional Act, intituled an Act how Feme Coverts shall pass land.

A Bill for an additional Act, to the several Acts, to appoint a publick Treasurer.

In the General Assembly read the first time, and past. In this House read and past.

The Bill for an additional Act, intituled an Act, how Feme Coverts shall pass lands. In this House read the first time and past.

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

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The Bill, for appointing a convenient place for holding the County Courts, at Duplin. In the General Assembly read the second time, and past.

The Bill, impowering the Justices of Johnston County to make and mend roads &c: In the General Assembly read the second time, and past.

The Bill, to revive an Act, intituled an Act to appoint an Agent &c: In the General Assembly read the second time, and past, with Amendments.

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


Wednesday. October 2nd The House met according to adjournment.
Present.
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. Sampson and Mr. Clark brought up the Bill to alter the Times for holding the Courts, for the County of Craven &c: In the General Assembly, read the second time, and past with amendments. In this House read the second time and past.

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

The House met according to adjournment.

Present.
The Honourable Mathew Rowan. Esqr Member.
The Honourable John Rutherford. Esqr Member.
The Honourable James Murray. Esqr Member.
The Honourable Francis Corbin Esqr Member.
The Honourable James Hasell. Esqr Member.
The Honourable John Swann. Esqr Member.
The Honourable James Innes Esqr Member.

The additional Act to an Act to appoint an Agent &c: In this House read the second time and passed with amendments.

The Bill, to alter and explain an Act, intituled an Act for relief of insolvent Debtors. In the House read and rejected

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


Thursday. October 3d The House met according to adjournment.
Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. De Rosset and Mr. Houston brought up the following Bill. To wit.

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A Bill to invest the property of a Bridge in John Peacock and his Heirs by him already built over Contentnee Creek in Johnston County for the Term of Twenty five years. In the General Assembly read and past.

The Bill to amend an Act Entituled an Act for establishing the Church, for appointing Parishes and directing the method of electing Vestries &c: In this House read the second time and past with amendments.

Mr. De Rosset and Mr. Houston brought up a Bill to appoint Inspectors in New Hanover County. In the General Assembly read the second time and passed with amendments.

Mr. Sampson and Mr. Stringer brought up the following Bill (viz.)

The Bill to alter the Time of holding the County Courts of Craven &c: In the General Assembly read the third time and passed.

The Bill, for building a Church in Willmington, &c: In the General Assembly read the second time and passed with amendments.

The Bill for an additional Act to the several Acts to appoint publick Treasurers. In the General Assembly read the second time and passed.

Also a Bill, to put in force the several Acts passed in the years 1715 & 1734. concerning roads and Ferries in Craven County. In the General Assembly read the first time and passed.

The Bill impowering the Justices of Johnston County to make and mend roads. In this House read and passed with amendments.

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

The House met according to adjournment.

Present.
The Honble Mathew Rowan Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann Esqr Member.
The Honble James Innes Esqr Member.

The Bill appointing Inspectors in New Hanover County &c: In the Upper House read the second time and passed with amendments.

The Bill, for granting a duty to his Majesty, on wine and spirituous liquors, imported into Anson County &c: In the Upper House read the second time and passed with amendments.

Mr. Mclewain and Mr. Bartram brought up the following Bills (viz)

A Bill for destroying wild Cattle, and Hogs, and for taking up all wild unmarked and unbranded horses.

A bill for an additional Act, to an Act, intituled an Act for impowering the several Commissioners hereinafter mentioned to make, and mend and repair all roads, Bridges, Cutts and watercourses laid out, or hereafter

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to be laid out in the several Counties and Districts herein after appointed in such manner as they judge most useful to the Publick.

In the General Assembly read the said Bills the first time and past.

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


Fryday. October 4th The House met according to adjournment.
Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

The Bill for an additional Act to the several Acts to appoint publick Treasurers.

The Bill for building a Church at Willmington in St James Parish in New Hanover County

In the Upper House read the second time and passed with Amendments.

The Bill for an additional Act, to an Act, intituled an Act how Feme Coverts shall pass lands &c: In the Upper House read the second time and passed with Amendments.

The Bill to appoint a convenient place for holding the County Court of Duplin. In the Upper House read the second time and passed with Amendments.

The Bill to alter the times for holding the Courts for the County of Craven. In the Upper House read the third time and passed. Ordered that the same be sent down, and engrossed.

Mr. De Rosset and Mr. Houston Brought up the two following Bills (viz)

A Bill for a Church at Brunswick. In the General Assembly read the first Time and passed

The Bill, for impowering the Justices of Johnston County to divide the same into districts and appoint Commissioners &c: In the General Assembly read the third time and passed. Ordered the same be sent down and engrossed.

The Bill to put in force the several Acts passed in the years 1715. & 1734. concerning roads and Ferries &c: In this House read and rejected.

Mr. Sampson and Mr. Bartram Brought up a Bill for regulating the Pilotage at Cape Fear River, and to impower the Captain of Fort Johnston, at the mouth of said River, to examine all vessels entring the said River concerning the health of their Crew on board the said vessels. In the General Assembly read the first Time, and passed.

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The Bill to impower the Court of Bladen County, to lay out certain Districts, in the places herein mentioned and to appoint Commissioners for the roads of the same. In the Upper House read the first time, and passed with Amendments.

The Bill to revive an Act, intituled an Act, to appoint an Agent &c: In the General Assembly read the Third time, and passed with Amendments. In the Upper House read the Third Time, and passed. Ordered the same be sent down and engrossed.

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

The House met according to adjournment.

Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

The Bill for regulating the Pilotage of Cape Fear River &c: In the Upper House read the first time and passed.

A Bill, for building and keeping in repair a Bridge on Contentnee Creek &c: In the Upper House read the said Bill the first time and passed.

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


Saturday. October 5th The House met according to adjournment.
Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

Mr. Macklewain and Mr. Bartram Brought up the Bill to amend an Act intituled an Act, for establishing the Church for appointing Parishes and the method of electing Vestries, and directing the settlement of Parish accounts throughout this Government. In the General Assembly read the second time and passed with Amendments.

The Bill, for amending and supplying the defects, in an Act, intituled an Act to appoint Commissioners in the place and stead of those deceased, to compleat and finish the Church at Newbern and for adding the present Churchwardens, and vestrymen to the said Commissioners, and for impowering the said Commissioners, Churchwardens and Vestrymen, to call the former Commissioners to account, for all the monies by them received for the use of the Said Church, and to appropriate it, to the purpose aforesaid, and in case of insufficiency to lay a levy to accomplish the same. In the Upper House read the first Time and passed with Amendments.

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The Bill, to amend Act, intituled an Act for establishing the Church &c. In the Upper House read the second time and passed.

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

The House met according to adjournment.

Present.
The Honourable Mathew Rowan. Esqr Member.
The Honourable John Rutherford. Esqr Member.
The Honourable James Murray. Esqr Member.
The Honourable Francis Corbin. Esqr Member.
The Honourable James Hasell Esqr Member.
The Honourable John Swann. Esqr Member.
The Honourable James Innes. Esqr Member.

The Bill for building a Church at Brunswick. In the Upper House read the first time and passed with Amendments.

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


Monday October 7th The House met according to adjournment.
Present.
The Honourable Mathew Rowan. Esqr Member.
The Honourable John Rutherford. Esqr Member.
The Honourable James Murray. Esqr Member.
The Honourable Francis Corbin. Esqr Member.
The Honourable James Hasell. Esqr Member.
The Honourable John Swann. Esqr Member.
The Honourable James Innes. Esqr Member.

Mr. Houston and Mr. Brice Brought up the Bill appointing Inspectors in New-Hanover County. In the General Assembly read the third time and passed with Amendments. In the House read and passed. Ordered that the same be sent down and engrossed.

Mr. Houston and Mr. Brice Brought up the Bill for appointing a convenient place for holding the County Courts of Duplin County. In the General Assembly read the third time and passed with Amendments.

Also the Bill, for granting to his Majesty a Duty on the importation of rum and wine into Anson County &c: And the Bill for building a Church at Willmington &c: In the General Assembly read said Bills the Third Time and passed with amendments.

Mr. Houston and Mr. Brice Brought up a Bill for an Additional Act to the several Acts, to appoint publick Treasurers &c: In the General Assembly read the Third time and passed.

The Bill for building a Church at Willmington &c: In this House read the third time and passed. Ordered the same to be sent down and engrossed.

The House upon reading the Bill to appoint a convenient place for holding the Court of Duplin &c: were pleased to send the following message (viz)

Mr. Speaker and Gentlemen

Upon reading the Bill to appoint a convenient place for holding the County Court of Duplin, in this House a third time we find you deled

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our amendments with regard to an alteration made by us for fixing the bounds of the said County. We are sorry you should differ from us when so many reasons appear on the face of the said amendment, particularly that of the inconveniency attending the County Courts at Willmington & Muster. We must therefore if you approve thereof desire your concurrance of our Said amendment which we shall pass the Bill a third time.

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

The House met according to adjournment.

Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. Sampson and Mr. Macklewain Brought up a Bill to confirm the four lots in Newbern Town, lately conveyed to the Commissioners for the Publick buildings for the use of the publick for ever. In the General Assembly read the first time and passed. In this House read and past.

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


Tuesday October 8th The House met according to adjournment.
Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. Starkey and Mr. Caruthers Brought up the Message from this House of yesterday concurred with, and accordingly the Members saw the said amendment made at this Board, upon which the said Bill past the third time, upon the said Amendment, and the said Bill was ordered to be engrossed.

The Bill for granting to his Majesty a duty on the importation of rum and wine into Anson County &c: In the Upper House read the third time, and passed. Ordered the same to be sent down and engrossed.

Mr. Starkey and Mr. Carruthers Brought the following Bills (viz.)

The Bill to confirm the four Lots in Newbern &c: In the General Assembly read the second time and passed with amendments.

The Bill to amend an Act, intituled an Act, for establishing the Church for appointing Parishes and electing Vestries &c: In the General Assembly read the third time and passed

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The Bill to appoint Commissioners to receive, collect and apply subscriptions towards building a Church in the Town of Brunswick and other purposes therein mentioned. In the General Assembly read the second time, and passed with Amendments.

The Bill to amend an Act, intituled an Act to establish the Church &c: In this House read the Third time, and passed. Ordered the same to be sent down and engrossed.

The Bill to appoint Commissioners to receive, collect and apply subscriptions toward building a Church in Brunswick &c: In the Upper House read the third time and passed with Amendments. Ordered the same to be sent down and engrossed.

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

The House met according to adjournment.

Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. De Rosset and Mr. Clark Brought up the following Bills (viz.)

The Bill to invest the property of a Bridge in John Peacock and his Heirs.

The Bill to impower the Court of Bladen to lay out certain Districts &c:

In the General Assembly read the second time and passed.

Also the Bill to amend and supply the defects in an Act intituled an Act to appoint Commissioners &c: In the General Assembly read the second time and passed.

The Bill to mend and supply the defects in an Act intituled An Act to appoint Commissioners &c: In this House read the second time and passed with Amendments.

The Bill to appoint the Court of Bladen to lay out certain Districts in the places herein mentioned and appoint Commissioners for the roads &c: In the Upper House read the second time and passed.

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


Wednesday. October 9th The House met according to adjournment.
Present.
The Honourable Mathew Rowan. Esqr Member.
The Honourable John Rutherford. Esqr Member.
The Honourable James Murray. Esqr Member.
The Honourable Francis Corbin. Esqr Member.
The Honourable James Hasell. Esqr Member.
The Honourable John Swann. Esqr Member.
The Honourable James Innes. Esqr Member.
-------------------- page 1268 --------------------

The Bill to confirm the four lots in Newbern Town lately conveyed to the Commissioners for the use of the Publick Buildings &c: In the Upper House read the second time and passed with amendments.

The Bill for regulating the Pilotage of Cape Fear &c: In the Upper House read the second time and passed with amendments.

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

The House met according to adjournment.

Present.
The Honourable Mathew Rowan. Esqr Member.
The Honourable John Rutherford. Esqr Member.
The Honourable James Murray. Esqr Member.
The Honourable Francis Corbin. Esqr Member.
The Honourable James Hasell. Esqr Member.
The Honourable John Swann. Esqr Member.
The Honourable James Innes. Esqr Member.

Mr. Houston and Mr. Brice brought up the following Bills (viz.)

The Bill to confirm the four Lots in Newbern &c:

The Bill regulating the Pilotage of Cape Fear &c:

In the General Assembly read the third time and passed with amendments.

The Bill for building a Church at Brunswick &c: In the General Assembly read the third time and passed. In this House read the third time and passed. Ordered the same to be sent down and engrossed.

The Bill for an additional Act to an Act intituled an Act Feme Coverts pass Land. In the General Assembly read the third time and passed. In this House read the third time and passed. Ordered the same to be sent down and engrossed.

Mr. Houston and Mr. Brice brought up the Bill to empower the Court of Bladen to lay out certain Districts in the place herein mentioned and to appoint Commissioners &c: In the General Assembly read the third time and passed. In this House read and passed. Ordered the same to be sent down and engrossed.

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


Thursday October 10th 1751. The House met according to adjournment.
Present.
The Honourable Mathew Rowan. Esqr Member.
The Honourable John Rutherford Esqr Member.
The Honourable James Murray. Esqr Member.
The Honourable Francis Corbin. Esqr Member.
The Honourable James Hasell. Esqr Member.
The Honourable John Swann. Esqr Member.
The Honourable James Innes. Esqr Member.

Mr. Bartram and Mr. Clarke brought up the Report of Committee of Claims. In the General Assembly read and concurred with. Also the following message (viz.)

-------------------- page 1269 --------------------

Gentlemen of his Majesties Honourable Council.

There appears to be paid into the Committee of accounts the sum of £30. 15s Proclamation money, on account of the old loan money, and also £9070. 2s 6d old Bills, which were exchanged for those of the new emission, and also the sum of £527. 14s 4d Proclamation money on the sinking fund, which we think to examine, and burn to-morrow at eleven o'clock in the afternoon and desire you will appoint some of the Members of your House to see the same done, if you think proper.

We also herewith send you the report of the Committee of Accounts and have made some alterations herein, and desire your concurrance.

SAMl SWANN. Speaker.

Mr. Houston and Mr. Brice brought up the Bill to supply the Defects in an Act intituled an Act to appoint Commissioners &c: In the General Assembly read the third time and passed with amendments. In this House read the third time and passed. Ordered the same to be sent down and engrossed.

The Bill to regulate the Pilotage of Cape Fear &c: In this House read the third time and passed. Ordered the same to be sent down and engrossed.

The Bill to invest the property of a Bridge in John Peacock &c: In this House read the second time and passed.

The Bill to confirm the four Lots in Newbern Town &c: being read in this House the third time, was put to the House whether the same should pass which was carried in the affirmative, and the Bill ordered to be sent down and engrossed.

The House upon reading the Message of the Lower House, regarding the burning the Bills, and the Report of the Committee of Accounts were pleased to send the following Message.

Mr. Speaker and Gentlemen.

In answer to your message by Mr. Bartram and Mr. Clark about burning the Bills therein mentioned, we have appointed the Honourable James Murray and Francis Corbin Esqrs Members of this House to examine the said Bills and to see the same burned, as to the paper which you have sent up, and are pleased to call a report of the Committee of Accounts, it does not appear to us, to be a proper report of that Committee, have not signed the same.

We must therefore desire your concurrance in ordering the several Accountants to lay their Accounts before our Committee, for their report, before we can concurr with you.

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Mr. De Rosset and Mr. Kerney Brought up the Bill to invest the Property of a Bridge in John Peacock. In the General Assembly read the Third Time and passed.

Also the Report of the Committee of Claims, read in the General Assembly and concurred with, together with the following message (viz)

Gentlemen of his Majesties Honourable Council.

We herewith send you the Report of the Committee of Claims, and have made several Alterations and Additions therein, to which Report, Alterations and Additions, desire your concurrance, and that you would send the same back, that the Clerk may make out an estimate thereupon.

SAMl SWANN. Speaker.

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

The House met according to adjournment.

Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes Esqr Member.

The Bill to invest the property of a Bridge in John Peacock &c: In the Upper House read the Third time and passed. Ordered that the same be sent down and engrossed.

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

Gentlemen of his Majesties Honorable Council.

We are much surprised that you should, in your Message of this day make an Objection to the Report of the Committee of Publick Accounts because your Members had not signed them which not being done by them after the Committee has through an Examination of the said Accounts, in which the Members appointed by your House assisted and had not drawn up the said report; the said Committee imagined your said Members did not think it necessary to put their names to the said Report, as they did neither refuse nor agree so to do; but as we are informed by our Committee were satisfied with the Justice and regularity of the said Accounts so to be reported. Nevertheless to take away all cause of difference between the two Houses of Assembly, have ordered the Accountants to lay their Account before any Committee, you may appoint for that purpose, and will not now examine the regularity of such a manner of proceeding.

SAMl SWANN. Speaker.
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Then the House sent the following Message, in relation to the report of the Committee of Claims sent up this morning (viz)

In answer to your Message relating to the Claims; we must observe, that as no notice was given to our members, that they may meet yours on the Claims, which you have now sent, so they could not sign the same, and as we think it no proper report, we therefore request you'll order all the vouchers relating to the said Claims, to be laid before such Members as we have appointed to meet yours, that a proper report be made for our concurrance.

Mr. Houston and Mr. Kerney Brought up the following message (viz)

Gentlemen of his Majesties Honourable Council.

This House have resolved that £100. Proclamation money be paid to his Excellency the Governour for expresses and incident Charges of Government to this Time and that the same, together with the claims now allowed, and the estimates of Expences due to the Members of both Houses and the Officers thereof, this session of Assembly be paid by the Treasurer out of the Money now remaining out of the publick Treasury; And desire your concurrance thereto.

SAMl SWAN. Speaker.

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


Fryday. October 11th The House met according to adjournment.
Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford. Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. Houston and Mr. Dawson Brought up the following Message (viz.)

Gentlemen of his Majesties Honourable Council.

In answer to your Message relating to your Members not having notice given them to meet the Committee of this House on the Publick Claims; the said Committee informs this House, that notice was given to the Members appointed by you to join the said Committee, and that at times they attended the said Committee. As to your Members not signing the report, the same hath often happened, and no exceptions taken thereto. We observed in our last Message, we would avoid every triffling occasion of quarrel with your House, we have therefore ordered the Clerk of the Committee of Claims to lay the several vouchers for the same, which have been reported by them and allowed by this House before such of your Members as you shall appoint.

SAMl SWANN. Speaker.
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Then the House adjourned till three o'clock in the afternoon.

The House met according to adjournment.

Present.
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin. Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

Mr. Murray and Mr. Corbin, two of the Members of this House appointed to inspect the vouchers, and accounts of the Committee of Accounts, reported the same, which report being read, was approved of by the House.

The Report of the Committee of Accounts being read in this House and voted. Thereupon the same was ordered to be sent concurred with. As also the Message of yesterday regarding the resolve of the Lower House, with the Report of the Committee of Claims upon the £100 Proclam to be paid his Excellency, and the estimate of this House, with the Report of the Committee of Claims, also concurred with by this House.

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


Saturday. October 12th The House met according to adjournment.
Present
The Honble Mathew Rowan. Esqr Member.
The Honble John Rutherford Esqr Member.
The Honble James Murray. Esqr Member.
The Honble Francis Corbin Esqr Member.
The Honble James Hasell. Esqr Member.
The Honble John Swann. Esqr Member.
The Honble James Innes. Esqr Member.

The estimate of the allowances due to the Members of the General Assembly being sent up to this House for the Concurrance of this Board, was after being read and voted, sent down concurred with which amounted to £192. 6s 4d

Mr. Bartram and Mr. Clark Brought the following Message. (viz.)

Gentlemen of his Majesties Honourable Council.

As the surveying Commissioners for stamping and emitting the sum of £21350. Publick Bills of Credit of this Province at the rate of Proclamation Money have made their accounts of the Emission of the said Bills, to the satisfaction of this House, which has also been concurred with by you,

This House therefore resolved that the Bills remaining of the said Emission in the Chest after payment of the estimate of the Claims, and expences of the Assembly, allowed at this Session be delivered into the hands of the publick Treasurer of the Southern District, and that the said Commissioners be discharged of the same. And further that on the

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exchanging and payment of the said Bills so delivered him as aforesaid, he be allowed one per cent and no more.

SAMl SWANN. Speaker.

The foregoing message being read in this House was sent down concurred with.

Then His Excellency came to this House and sent a mandate to the Lower House commanding their immediate attendance.

Whereupon the Speaker, attended by the Lower House waited on his Excellency in the Council Chamber and Mr. Speaker presented to his Excellency the following Bills (viz.)

The Bill to alter the times for holding the County Courts of Craven County.

The Bill for impowering the Justices of Johnston County to divide the same into Districts &c:

The Bill to revive an Act entituled, an Act to appoint an Agent to sollicite the affairs of this Province at the several Boards in England.

The Bill to appoint Inspectors in New Hanover County and regulating the Exports at Cape Fear.

The Bill for an additional Act to an Act to appoint Publick Treasurers.

The Bill for building a Church at Willmington in New Hanover County &c:

The Bill for appointing a Place for holding the Court for the County of Duplin

The Bill for granting to his Majesty a Duty on the Exportation of Wine an Rum into Anson County from South Carolina.

The Bill to amend an Act, entituled an Act to establish the Church &c:

The Bill for an additional Act to an Act, intituled an Act Feme-Coverts how to pass lands.

The Bill to impower the Justices of Bladen County, to lay out certain Districts in the places therein mentioned.

The Bill to appoint Commissioners to receive, collect, and apply Subscriptions towards building a Church in Brunswick &c:

The Bill to amend and supply the defects of an Act to appoint Commissioners in the place and stead of those deceased, to compleat and finish the Church in New Bern.

The Bill for regulating the Pilotage of Cape Fear, and to impower the Captain of Fort Johnston at the Mouth of said River to examine all vessels &c:

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The Bill to confirm the four Lots in Newbern to the Commissioners for the publick buildings, for the use of the publick for ever.

The Bill to invest the property of a Bridge in John Peacock and his Heirs &c: by him already built over Contentney Creek in Johnston county for the Term of Twenty five years.

To all which Bills his Excellency was pleased to give his assent, and then prorogued the Assembly to the second Tuesday in February next to be then held at Newbern.