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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
March 31, 1752 - April 15, 1752
Volume 04, Pages 1329-1348

North Carolina—ss.

At a General Assembly, begun and held at Newbern, the Twelfth Day of June, in the Nineteenth Year of the Reign 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 Forty seven; and from thence continued, by several Prorogations to the Thirty First Day of March in the Year of our Lord One thousand Seven hundred and Fifty Two in the Twenty Fifth year of his said Majestys Reign Being the Eleventh Session of this present General Assembly.


Tuesday, March 31st 1752.

It appearing to this House by Certificate from the Clerk of the Crown, That Mr. John Ash is elected a Member to serve in this present General Assembly, for the County of New Hanover, in the Room of Mr. John Swann; and that Mr. Robert Harris is elected a Member to serve in this present General Assembly for the County of Granville, in the Room of Mr. Edward Jones, (late Member of that County) deceased,

His Excellency the Governor was pleased to prorogue this Assembly until Thursday next, being the [second] Day of April, to be then held at Bath-Town.


Thursday April 2nd 1752. The House met according to Prorogation.

Mr. James Calf, one of the Members for Hyde County appeared.

His Excellency the Governor sent a Message to this House, commanding the immediate Attendance thereof in the Council Chamber.

The House in a full Body waited on his Excellency the Governor, in the Council Chamber, where his Excellency was pleased to make a

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Speech to both Houses of Assembly, and delivered the same to Mr. Speaker.

The House returned, when Mr. Speaker produced his Excellency's Speech which is ordered to be read, Read the same Ordered, The same be entered in the Journal of this House The same is done & is, as follows, viz

Gentlemen,

When I prorogued you to this time and Place, I never doubted but we should, before now, have had an Account of the Issue of those important points which have been so long in Dispute before the Boards at Home. I am indeed satisfied in my own mind, that they are already determined, tho' the Shipping not arriving at the usual Time keeps us in Ignorance of the Decision; but notwithstanding this Disappointment, I did not think it proper that this Opportunity of making some further wholesome Laws and Provisions for the Peace and Happiness of this Province should be lost; the Reformation of so many Abuses and Enormities which have so long prevailed among us, must in the Nature of Things be a Work of Time, and carried on gradually; and I am confident from your past Behaviour, you will not fail to make some Progress in it on this Occasion and as you are sensible this Session must on many Accounts be a short one, I Hope your Diligence and Assiduity will be the greater.

Gentlemen

I must recommend to you in particular to take the most effectual Measures for promoting Religion and Virtue and suppressing Vice and Immorality, which are come to such a dreadful Height in this Province. I desire you in a special Manner to take into your Consideration the barbarous and inhuman Manner of Boxing which so much prevails among the lower Sort of People; this Practice is attended with Circumstances of Cruelty and Horror, and is really shocking to human nature; and I have been informed of no less than four Persons who, within these Two years have come to a violent Death by this atrocious Custom: I am afraid the Laws now in Being are defective in this Affair, and as you are the Guardians of the Lives and Properties of his Majesty's Subjects, it is in my Opinion, your Duty, by a Particular Law, to put a stop to such bloody and horrid Quarrels.

The House adjourned till three o'clock Afternoon.

P M The House met according to Adjournment

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Andrew Conner is appointed Doorkeeper to this House, in the Room of James Derham, Peter Caila is appointed Messenger to this House, in the Room of Benjamin Fordham

Mr. John Ash, the Member elected to serve in this present General Assembly for the County of New Hanover, in the Room of Mr. John Swann, who was appointed one of the Members of his Majestys honourable Council, and Mr. Robert Harris, the Member elected to serve in this present General Assembly for the County of Granville, in the Room of Mr. Edward Jones deceased, appeared and took the Oaths by Law for their Qualification, subscribed the Test, and took their Seats in the House.

Mr. John Starkey moved, that a Committee be appointed to prepare an Address in Answer to his Excellency the Governor his Speech, and the following Persons were accordingly appointed, viz

Mr. John Starkey, Mr. John Ash, and Mr. Wyriott Ormond.

Mr. Starkey moved, that a Committee be appointed to examine, state, and settle the public Accompts of this Province and the following Persons were accordingly appointed, viz

Mr. Lewis De Rosset, Mr, Thomas Kearney, Mr. Wyriott Ormond, Mr. William Eaton, and Mr. Joseph Bell.

Mr. Ormond moved, that a Committee be appointed to settle and allow the public Claims of this Province, and the following Persons were accordingly appointed viz

Mr. John Starkey, Mr. John Dawson, Mr. John Sampson, Mr. Michael Coutauch, Mr. John Ash, Mr. Samuel Sinclare, and Mr. John Haywood.

Ordered, That the following Message be sent to his Majesty's Council, viz

Gentlemen of his Majesty's Honourable Council,

We have appointed the following Persons Committee of the public Accompts and Claims, viz Mr. De Rosset, Mr. Kearney, Mr. Ormond, Mr. Eaton, and Mr. Bell on the public Accompts; and Mr. Starkey, Mr. Dawson, Mr. Coutauch, Mr. Sampson, and Mr. Ash, Mr. Sinclare, and Mr. Haywood, on the public Claims in Conjunction with such Members of your House, as your Honours shall think fit

By Order.
S. SWANN, Speaker.

Sent by Mr. De Rosset, and Mr. Ash.

The House adjourned till tomorrow Nine o'clock.


Friday, April 3rd, 1752. The House met according to Adjournment.
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Mr. Starkey presented to the House, the Petition of several of the Inhabitants Freeholders of the upper Parts of Chowan and Pequimons Counties; setting forth, the Hardships they endure by being obliged to attend the County Courts of Chowan and Pequimons Counties; Praying to be divided from the said Counties and erected into a County and Parish &c

Ordered, that the same be referred for Consideration until the next Assembly.

Mr. Ash reported from the Committee appointed to prepare an Address in Answer to his Excellency the Governor's Speech that the said Committee had prepared the same, which he read in his Place.

Ordered, that the same be engrossed, which is done, and is as follows, viz

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

The Humble Address of the General Assembly of the said Province.

May it Please your Excellency.

The Pleasure of Meeting your Excellency in General Assembly at this time, would have been greatly augmented, could we have been informed of the fate of our Affair which have been so long in Agitation at the Boards at home; We would willingly hope that whenever the Determination of his Royal Majesty and his Ministers are made known to us, our known Duty to the Crown will engage us chearfully to acquiesce, and that not only our Disputes which have been too much fomented will subside, and the Causes of them be totally obliterated, but also the Peace, Harmony, and the long-wish'd for Coalition of all Parties immediately ensue.

We agree with your Excellency that this Session must inevitably be very short, as the Season of the year requires the Attendance of most of us on our Plantations; yet we assure your Excellency, that we intend with our wonted Assiduity, Unanimity, and Dispatch, to proceed in the public Business, not only to supply what appears to us defective in any of our Laws, and to enforce the due Execution of those already made; but also to frame such others as shall be judged needful and consistent with the Circumstances of our Constituents, whereby the public Worship of Almighty God may be effectually supported, the virtuous Education of our Youth promoted, our Trade and Navigation enlarged and encouraged, and the Peace and Welfare of this wide extended Province in every Instance cultivated and improved the furthering such laudable Designs will best speak us the Guardians of a free People, and we

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doubt not, from former Experience, to have your Excellency's ready Concurrence

Received from the Council the following Message viz

Mr. Speaker and Gentlemen,

The House on reading your Message of this Day, regarding the Committee of Accompts and Claims, thought fit to appoint the following Persons, Members of this House to join those of yours, viz. the Honourable James Murray and Francis Corbin Esqrs on the Accompts; and the Honourable James Hasell and John Swann, Esqrs of the Claims.

The House adjourn'd till 3 o'clock Afternoon.

P. M. The House met according to Adjournment

His Excellency the Governor sent a Message to this House, commanding their immediate Attendance in the Council Chamber, with their Address.

The House in a full Body waited on his Excellency in the Council Chamber, when Mr. Speaker presented his Excellency the Address of this House

The House returned

The House adjourn'd til tomorrow morning nine o'clock.


Saturday, April 4th 1752. The House met according to Adjournment.

Mr. Starkey moved for Leave to bring in a Bill to amend and extend an Act to appoint Inspectors in New Hanover County and for regulating the Exports at Cape Fear

Ordered. That he have Leave, and that he prepare and bring in the same.

Mr. Starkey brought in the abovesaid Bill, which he read in his Place.

Ordered, That the same pass, and be sent to the Council

Mr. Houston moved for Leave to Bring in a Bill, to open and clear the Upper Part of Black River, and the North East Branch of Cape Fear River, in Duplin County.

Ordered, That he have Leave, and that he prepare and Bring in the same

Mr. Houston brought in the abovesaid Bill, which he read in his place.

Ordered, That the same pass, and be sent to the Council

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Sent the above two Bills to the Council, by Mr. Brice and Mr. De Rosset.

Mr. De Rosset moved for leave to bring in a Bill, to encourage Caleb Grainger to build a Bridge over Smiths Creek, near the Place known by the Name of Smiths Ferry in New Hanover County.

Ordered, That he have leave, and that he prepare and bring in the same.

Mr. De Rosset brought in the abovesaid Bill, which he read in his Place.

Ordered, That the same pass, and be sent to the Council

Sent the said Bill to the Council by Mr. Sampson and Mr. Dawson.

The House adjourned til Monday morning Nine o'clock.


Monday, April 6th 1752. The House met according to adjournment.

Mr. Ormond moved for Leave to bring in a Bill, to appropriate and apply Two Thousand Pounds, Current Bills of Credit called and rated at Proclamation Money, which is in the Hands of Thomas Barker, General Public Treasurer of the Northern District of this Province, for the erecting of Beacons setting up Stakes and Marks to make known, and point out the several Channels from Ocacock Inlet, over the Shoals to Bath Town, and from the said Inlet up to Newbern; and also from the said Inlet up to Edenton, to facilitate the Trade and Navigation of the Northern Parts of the Government and for regulating the Pilots belonging to the said Ports and Places.

Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. Ormond brought in the abovesaid Bill, which he read in his Place.

Ordered, That the same pass, and be sent to the Council

Sent the same to the Council, by Mr. Coutauch and Mr. McLewean.

The House adjourned til tomorrow morning nine o'clock.


Tuesday April 7th 1752 The House met according to Adjournment.

Mr. Sampson moved for Leave to bring in a Bill, to explain and amend an Act entituled, an Act for empowering the several Commissioners herein after named, to make, mend, and repair all Roads Bridges, Cuts and Water courses already laid out, or hereafter to be laid out, in the several Counties and Districts herein after appointed in such Manner as they judge most useful to the Public

Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. Sampson brought in the said Bill, which he read in his Place.

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Ordered, That the same pass, and be sent to the Council.

Sent the above said Bill to the Council, by Mr. De Rosset and Mr. Brice.

Mr. De Rosset moved for Leave to bring in a Bill, for the better establishing of the Church, for erecting of schools, and for granting to his Majesty several Rates and Duties for the support of the same.

Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. De Rosset brought in the above said Bill, which he read in his Place.

Ordered, That the same pass, and be sent to the Council.

Sent the above said Bill to the Council, by Mr. De Rosset and Mr. Dawson.

Received from the Council the following Bills viz.

The Bill, to open and clear the Upper Part of Black-River and the North East of Cape Fear River &c.

The Bill, to amend and extend an Act, to appoint Inspectors in New Hanover County, &c

Endorsed in the Upper House read the first time and passed.

And the Bill to explain and amend the Road Act &c Endorsed in the Upper House read the first time and passed.

And the Bill, to encourage Caleb Grainger to build a Bridge over Smith Creek, in New Hanover County Endorsed, In the Upper House, read the first time and passed.

Mr. Kearney moved for Leave to bring in a Bill, to divide the Parish of Edgecomb.

Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. Kearney brought in the abovesaid Bill, which he read in his Place.

Ordered, That the same pass, and be sent to the Council.

Sent the above Bill to the Council, by Mr. Kearney and Mr. Houston.

Mr. McLewean informed this House, that he had received several Abuses from one John Gatlin last Night in Regard to his Character which is in Contempt, and a Breach of the Privileges of this House; Therefore moved that Mr. Speaker issue his Warrant to take the said John Gatlin in Custody, and bring him to the Bar of this House to answer the said Contempt.

Mr. Speaker issued his Warrant accordingly, and directed the same to Peter Caila, Messenger to this House.

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Peter Caila, the Messenger to this House, in Virtue of the abovesaid Warrant, brought before this House the said John Gatlin, who was then charged by Mr. McLewean with speaking very abusive words of, and tending towards lessening his Character; but it appearing to this House, that the said John Gatlin is much intoxicated with liquor, he was therefore ordered to be kept in Custody of the said Messenger until Tomorrow, and to be brought to the Bar of this House to answer for such his Contempt as aforesaid

The House adjourned til Three o'clock in the Afternoon.

P. M. The House met according to Adjournment.

Mr. Harris moved for Leave to bring in a Bill, for dividing Part of Granville, Johnston, and Bladen Counties into a County and Parish, by the Name of Orange County and St Matthews Parish and for appointing Vestrymen for the said Parish, and other Purposes therein mentioned

Ordered, That he have leave, and that he prepare and bring in the same.

Mr. Harris brought in the abovesaid Bill, which he read in his Place

Ordered That the same pass and be sent to the Council.

Sent the same to the Council by Mr. Ash and Mr. Sampson

Ordered, That the following Bills be read, viz

The Bill to amend and extend an Act, to appoint Inspectors in New Hanover County, and for regulating the Exports of Cape Fear, which passed the second time, with Amendments.

The Bill, to encourage Caleb Grainger to build a Bridge over Smiths Creek Ferry, in New Hanover County; which also passed the second time, with Amendments

Ordered, That the above two Bills be sent to the Council

Sent the above two Bills to the Council, by Mr. Ash and Mr. Sampson.

Mr. Dawson produced a Certificate from the County Court of Northampton, thereby certifying, that William Barden is very poor, and incapable of doing any Labour; recommending him as a Person worthy to be exempt from paying any public taxes, and doing any public Labour

Ordered, That he be exempt accordingly

Mr. Dawson produced a Certificate from the County Court of Northampton, thereby certifying, that David Jones is aged and poor, and not able to do public Services nor pay public taxes

Ordered That he be exempt from paying public Taxes and working on the Roads &c

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Mr. Ormond produced a Certificate from the County Court of Beaufort, thereby certifying, that William Kelly is both old and a Cripple, and thereby rendered incapable of getting his Living, and recommending him to this House to be exempt from paying Parish, County and Public Taxes

Ordered, That he be exempt accordingly

The House adjourn'd til Tomorrow Nine O'clock.


Wednesday, April 8th 1752. The House met according to adjournment

Received from the Council the following Bills viz

The Bill, for establishing the Church for erecting Schools Endorsed, In the Upper House, read the first time and passed.

The Bill to encourage Caleb Grainger to build a Bridge over Smith's Creek, in New Hanover County &c Endorsed, In the upper House, read the second time and passed.

And the Bill, for dividing Part of Granville Johnston and Bladen Counties, into a County & Parish &c Endorsed, In the Upper House, read the second time and passed.

Mr. De Rosset moved for Leave to bring in a Bill, to amend an Act, for regulating the Pilotage at Cape Fear River to examine all Vessels entering the said River, concerning the Health of their Crews on board the said Vessels

Ordered That he have Leave and that he prepare and bring in the same

Mr. De Rosset brought in the said Bill, which he read in his place

Ordered, That the same pass, and be sent to the Council

Mr. Ormond moved, that the Bill, for establishing the Church, for erecting Schools &c be read a second time and was seconded by Mr. Sinclare

Mr. Sampson moved, that the said Bill lie upon the table for Consideration, and was seconded by Mr. Ash. After several Arguments thereon, and the Question being put. Whether the said Bill be read a second time or not? It passed in the Negative.

Ordered, That same lie on the Table for Consideration

Peter Caila brought to the Bar of this House, John Gatlin agreeable to the order of Yesterday, to answer a Breach of the Priviledges of this House, regarding the Abuse committed by him to Mr. McLewean, one of the Members of this House; The said John Gatlin having confessed the same it was therefore ordered, That the said John Gatlin do, at the Bar of this House, on his Knees, ask Pardon of the House and Mr.

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McLewean for his Offence, which he did accordingly; Then was by the House ordered to be discharged from his Confinement, paying Fees.

Mr. Dawson moved for Leave to bring in a Bill, for appointing a Treasurer for the Counties of Currituck, Pasquotank Pequimons, Chowan, Tyrell, Bertie, Edgecomb, Northampton, and Granville

Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. Dawson brought in the abovesaid Bill, which he read in his Place.

Ordered that the same pass, and be sent to the Council

Read the Bill for dividing Part of Granville, Johnston and Bladen Counties into a County and Parish &c the second Time and passed with Amendments.

Ordered that the said Bill be sent to the Council

Sent the above three Bills to the Council, by Mr. Harris & Mr. Eaton.

The House adjourned til Three O'Clock Afternoon

P M The House met according to adjournment.

Ordered, That the following Bill be read a Third Time

The Bill, to encourage Caleb Grainger to build a Bridge over Smiths Creek, in New Hanover County, &c

Read the said Bill a third time, and passed, with Amendments

Ordered, that the same be sent to the Council

Sent the above Bill to the Council by Mr. Kearney and Mr. Haywood

Received from the Council, the Bill, to amend and explain an Act, to appoint Inspectors in New Hanover County &c Endorsed, In the Upper House, read the second time and passed, with Amendments

Ordered, that the Bill, to divide the Parish of Edgecomb, be read a second time.

Read the Bill a second time, and passed with amendments

Ordered that the same be sent to the Council

Sent the same to the Council, by Mr. Kearney and Mr. Haywood

Received from the Council the following Bills viz

The Bill for dividing Part of Granville, Johnston and Bladen Counties into a County and Parish &c Endorsed, In the Upper House, read the second time and passed with Amendments

The Bill, for appointing a Treasurer for the Counties of Currituck, Pasquotank, Pequimons, Chowan &c

The Bill, to amend an Act, for regulating the Pilotage of Cape Fear River &c

Endorsed, In the Upper House, read the first time, and passed

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And the Bill to encourage Caleb Grainger to build a Bridge over Smiths Creek, in New Hanover County, &c Endorsed, In the Upper House, read the third time and passed.

Ordered that the same be Engrossed

The House adjourned til tomorrow Morning Nine O'clock.


Thursday, April 9, 1752. The House met according to adjournment.

Ordered, That the Bill for dividing Bladen, Granville and Johnston Counties, into a County and Parish &c be read the third Time

Read the said Bill the third time and passed with Amendments.

Ordered that the same be sent to the Council.

Ordered, That the Bill, to explain and amend an Act, to appoint Inspectors in New Hanover County, be read the third time.

Read the said Bill the third time, and passed with Amendments.

Ordered, That the same pass, and be sent to the Council.

Sent the above two Bills to the Council, by Mr. Brice and Mr. Harris

Mr. Coutauch moved for Leave to Bring in a Bill for facillitating the Navigation of Port Bath, Port Roanoke and Port Beaufort.

Ordered, that he have Leave and that he prepare and bring in the same

Mr. Coutauch brought in the abovesaid Bill, which he read in his place.

Ordered that the same pass and be sent to the Council

Ordered, That the following Bills be read the third time viz

The Bill, for appointing a Treasurer for the Counties of Currituck, Pasquotank Pequimons Chowan &c

Read the abovesaid Bill the third time, and passed with Amendments

Ordered, That the above two Bills be sent to the Council

Received from the Council the following Bills viz

The Bill to amend and extend an Act, to appoint Inspectors in New Hanover County and for regulating the Exports at Cape Fear

And the Bill, for dividing Part of Granville, Johnston and Bladen Counties, into a County and Parish &c Endorsed, In the Upper-House, read the third time and passed.

Ordered, That the said two Bills be Engrossed

Ordered, That the following Bills be read a second time

The Bill to amend and explain the Road Act.

Read the said Bill a second time and passed with Amendments

Ordered, That the same be sent to the Council

Sent the same to the Council by Mr. Coutauch and Mr. Harris

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Read the Bill, to amend an Act, for regulating the Pilots at Cape Fear, the second time; upon which Mr. De Rosset moved, that the said Bill pass; which was objected by Mr. Ormond, who moved, that the said Bill lie on the Table for Consideration; Whereupon the Question was put whether the said Bill pass or not? which passed in the Negative

Ordered, That the said Bill lie on the table for Consideration

The House adjourned til tomorrow morning Nine o'clock.


Friday April 10, 1752. The House met according to Adjournment

Received from the Council the Bill, for appointing a Public Treasurer for the Counties of Currituck, Pasquotank Pequimons &c Endorsed, In the Upper House read the second time and passed, with Amendments

The Bill, to explain and amend the Road Act &c Endorsed In the upper House read the second time and passed.

And the Bill, for facilitating the Navigation of Port Bath, Port Roanoke, and Port Beaufort Endorsed, in the Upper House read the first time and passed.

Mr. Ormond moved, that a Committee be appointed to Consider of Ways and Means for laying a tax to defray the Contingent Charges of Government; and prepare a Bill for the same, and was seconded by Mr. Houston. Mr. Sinclare objected to the said Motion, and was seconded by Mr. Sampson; upon which the Question was put Whether a Committee be appointed or not? and passed in the Affirmative.

Ordered, That a Committee be appointed to consider of Ways and Means for laying a tax to defray the contingent Charges of Government, and to prepare a Bill for the same; and the following Persons were accordingly appointed, viz Mr. Starkey, Mr. Ormond, Mr. Ash, Mr. Haywood, and Mr. Calf.

Mr. De Rosset moved for Leave to bring in a Bill, to encourage the Postmaster-General to establish a Post Office in this Province

Ordered, That he have Leave, and that he prepare and bring in the same.

Mr. De Rosset brought in the above said Bill, and moved that the same Pass.

Mr. Ormond objected thereto, and moved, that the said Bill lie on the table for Consideration; Upon which the Question was put, whether the said Bill pass or not? and was carried in the Negative

Ordered, That the same lie on the table for Consideration

Mr. Sinclare acquainted this House, that Mr. James Davis the Printer, hath neglected his Duty, in not sending the several Laws,

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Journals, and so forth, to the several Counties, and so forth, which by Law he ought to have done; Therefore moved, that the said James Davis be sent for at his own expence, and appear before this House to answer for such his Neglect; and that Mr. Speaker issue his Warrant accordingly

The House adjourned for three hours

The House met according to adjournment.

Mr. William Eaton, Chairman of the Committee of Accompts reported as follows, viz. That there has been paid into the Hands of him, the said Chairman by the Public Treasurer, the sum of One Thousand and Ninety Pounds, Seventeen Shillings and Sixpence, Proclamation Money, on Account of the Tax for sinking the Currency of this Province; and the Sum of Eight Thousand Four Hundred and Eighty Six Pounds, Fifteen Shillings and Sixpence of the old Money, which has been exchanged this Session, for those of the late Emission: Therefore moved, That the same be burnt and that this House would appoint a Committee thereof to see the same done in Conjunction with those of the Council as they shall think fit to appoint.

Ordered, That the said Bills be burnt, and that a Committee of the whole House be appointed, in Conjunction with such of the Council as they shall think fit to appoint to see the same done accordingly; and that the following Message be sent to the Council.

Sent the following Message to the Council viz

Gentlemen of his Majesty's Honourable Council.

The Chairman of the Committee of Public Accompts having reported to this House, that he hath received the Sum of 1090l 17s 6d Proclamation Money, arising by the Tax for sinking the Currency of this Province; and that there is exchanged this Session, the Sum of 8486l 15s 6d old Bills of Credit, which by Law are to be burnt Therefore this House have appointed a Committee of the whole House in Conjunction with such of your Honours as you shall think fit, to see the same burnt this Evening, at the House of Peter Caila, near the Church

By Order.
S. SWANN, Speaker.

Ordered, That the Bill, for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort be read the second time.

Read the said Bill the second time, and passed with Amendments

Ordered, That the same Pass, and be sent to the Council.

Sent the same to the Council by Mr. Coutauch & Mr. Bell

Received the following message from the Council viz.

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Mr. Speaker, and Gentlemen.

In answer to your Message for burning the Sum of 1090l 17s 6d Proclamation Money arising by the Tax for sinking the Currency of this Province &c This House have resolved themselves into a Committee of the whole House to join yours, and will attend accordingly.

The House adjourned 'till to morrow morning Nine o'clock.


Saturday April 11, 1752. The House met according to Adjournment.

Ordered, That the following Bills be read a Third Time viz

The Bill to amend and explain the Road Act

The Bill for appointing a Public Treasurer for the Counties of Currituck Pasquotank Pequimons &c

The Bill for facilitating the Navigation of Port Bath Port Roanoke, and Port Beaufort, which is amended

Ordered, That the above three Bills be sent to the Council

Mr. Thomas Kearney moved for Leave to bring in a Bill for appointing and laying out a Town at Blackman's Landing

Ordered, That he have Leave, and that he prepare and bring in the same

Mr. Kearney brought in the said bill which he read in his place

Ordered, That the same pass and be sent to the Council

Sent the above four Bills to the Council, by Mr. Harris and Mr. Heywood

Mr. Ormond moved for Leave to bring in a Bill, for licensing Traders, Pedlars and Petty Chapmen, and granting to his Majesty a Duty on Goods Wares and Merchandizes to raise Supplies for defraying the necessary charges of Government

Ordered That he have Leave, and that he Prepare and bring in the same

Mr. Ormond brought in the said Bill, which he read in his Place.

Ordered, That same pass, and be sent to the Council

Mr. De Rosset moved, That the Bill, to amend an Act for regulating the Pilotage of Cape Fear &c which was ordered to lie on the Table, after reading a second time on Thursday last, might pass this House and be sent to the Council after some Amendments made therein

Ordered that the said Bill pass, and be sent to the Council

Sent the above two Bills to the Council by Mr. —— and Mr. ——

Mr. Starkey, Chairman of the Committee of Claims reported, That the Committee had settled and allowed several Claims, which he laid before this House

Ordered, That the same be read.

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Read the same, and after several Allowances added therein by this House, Resolved That the House assent thereto, and that the said Report and a Message therewith be sent to the Council for their Concurrence to the said Report.

Received from the Council the following Bills viz.

The Bill for licensing Traders, Pedlars, and petty Chapmen &c Endorsed in the Upper House, read the first time and passed

The Bill for appointing a Treasurer for the Counties of Currituck, Pasquotank, Pequimons Chowan &c

The Bill for facilitating the Navigation of Port Bath Port Roanoke and Port Beaufort.

The Bill, to explain and amend the Road Act &c

Endorsed, In the Upper House read the first time and passed.

Ordered, That the last abovesaid three Bills be Engrossed

Ordered, That the Bill, for appointing and laying out a town at Blackman's Landing, be read a Second Time Read the said Bill a second time, and passed with Amendments

Ordered, That the same be sent to the Council

Sent the same to the Council, by Mr. Dawson and Mr. Eaton

Sent the Reports of the Committee of Claims to the Council for their Concurrence, and also the following Message viz

Gentlemen of his Majesty's Honourable Council

We herewith send you the Report of the Committee of Claims, with several Allowances made by this House added therein by this House, and desire your Concurrence therein

By order
S. SWANN Speaker

The House adjourned till Monday Morning nine o'clock


Monday April 13, 1752. The House met according to Adjournment

Mr. Eaton Chairman of the Committee of Accompts reported, that they had settled the Accompts of several of the Accomptants to this Province, which he produced to the House.

Ordered the same be read.

Read the same, and made several Alterations therein

Ordered, that the same be sent to the Council for their Concurrence

Mr. Ormond moved, That the Bill for licensing Traders Pedlars &c be read a second time. Read the said Bill the second time and amended the same

Ordered, That the same pass and be sent to the Council.

Mr. Haywood moved, That the Bill, for appointing and laying out a town at Blackman's Landing &c be read the third time.

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Ordered, That the said Bill be read the third time.

Read the said Bill the third time.

Ordered that the same pass and be sent to the Council.

Sent the above two Bills to the Council by Mr. Ash and Mr. Bell.

Mr. James Davis, Printer appeared pursuant to a Warrant, issued by Mr. Speaker agreeable to the Resolve of this House on Friday last and presented the following Petition viz.

To the Worshipful Mr. Speaker, and Gentlemen of the House of Burgesses.

The Humble Petition of James Davis Printer Sheweth

That in Obedience to a Warrant Issued by the Speaker of the House to take him your Petitioner, into Custody to appear before this House, to answer for his several Neglects and Omissions, in not sending the several Laws to the several Counties in this Province, he now attends in Custody and for Answer to the said Allegations against him says, That the Journals Speeches and Addresses of every Session of Assembly, since he has been employed by the Province, has been regularly printed and delivered out by himself to the Members at the next succeeding session.

That the Laws at each Session has been printed with all Convenient Speed and sent by him to the several Counties, tho' not by any express Messenger, therefore he can't pretend to say they have received them.

That your Petitioner has always printed a larger number of Laws than would Supply the several Counties for Fear of Miscarriages, and has always, upon Notice from any County of their not receiving them, sent them a second and sometimes a third time.

That your Petitioner would be very glad to know the sense of this House whether he must send a special Messenger throughout this Province with the Laws; that if he must it will make a Considerable Reduction in his Salary so much, that it will scarce be worth his while to keep a Press, especially as his whole Salary is not much above half what every other Public Printer in America has, and the Public Business of this Province not much inferior to other Governments, and very much increases

That your Petitioner is heartily sorry the Laws for so many Counties have miscarried especially as some of them were of Consequence, and humbly hopes this House will not construe this Neglect in so severe a Light as is in their Power as he will for the future take such measures as shall be effectual in the Transmission of the Laws to the several Counties; he therefore prays to be discharged out of Custody with such censure as the House shall please to inflict upon him; and your Petitioner as in Duty bound, shall ever pray.

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The House proceeded to consider the Subject Matter of the said Petition, and after several Debates thereon, the House resolved, That the said James Davis be reprimanded by Mr. Speaker, for the Neglect of his Duty in his Office and then be discharged, paying the Fees.

Mr. Speaker reprimanded Mr. Davis and directed him not to omit sending the Laws and Copies of the Journals of the General Assembly to the Members thereof, and Justices of the several Counties &c as by Law he ought to do.

Ordered, That he be discharged, paying the Fees.

Mr. Ash moved, That the Bill to amend an Act, for regulating the Pilotage at Cape Fear, &c be read the third time.

Ordered, that the said Bill be read a third time. Read the said Bill the third time

Ordered, that the same pass, and be sent to the Council

Sent the same to the Council, by Mr. Ash and Mr. Bell.

The House adjourn'd till Four o'clock Afternoon.

P. M. The House met according to Adjournment.

Received from the Council the following Bills viz.

The Bill, for appointing and laying out a Town at Blackman's Landing &c

And, the Bill, to amend an Act, for regulating the Pilotage at Cape Fear &c

Endorsed, In the Upper-House, read the third time, and passed.

Ordered, that the said Bills be Engrossed.

Ordered, that the following Message be sent to the Council, viz.

Gentlemen of his Majesty's Honourable Council,

We here with send you the Reports of the Committee of public Accompts, which this House have amended, and desire your Honours Concurrence therein.

By Order
S SWANN Speaker.

Mr. John Starkey acquainted this House, that Mr. John Carruthers, late Member for Newbern, is dead, and moved, that his Excellency the Governor be addressed to direct the Clerk of the Crown to issue a Writ to elect one other Person to serve in this Present General Assembly, in the Room of the deceased.

Ordered, that the following Message be sent to his Excellency the Governor, viz

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May it Please your Excellency

This House being informed, that Mr. John Carruthers, late member for Newberne, is dead; therefore desire your Excellency would be pleased to order the Clerk of the Crown to issue a Writ to elect a Member to sit and vote in this present General Assembly, in the Room of the said Mr. John Carruthers, deceased.

By order,
S. SWANN, Speaker.

Mr. Starkey acquainted this House, that the Sum of 60l 17s Proclamation Money, is in his Hands, which was received for Powder Money, and unapplied.

Resolved, That the said Mr. Starkey out of the said Money pay the Officers of both Houses, and the Expences of the Committees of this Session, and that the Remainder together with what Powder Money he may receive from the former Receivers of the Powder Money arising in Port Bath and Port Beaufort, be applied towards discharging the Claims allowed by former Assemblies.

Ordered, That the following Message be sent to the Council viz

Gentlemen of his Majesty's Honourable Council.

The Treasurer of the Southern District hath informed this House, that he hath in his Hands Sixty Pounds Seventeen Shillings Proclamation money, which was received for Powder Money and remains unapplied; therefore have resolved, that the said Treasurer, out of the said Sixty Pounds Seventeen Shillings, pay the expenses of the Committees, and the Officers of both Houses; and that the Remainder together with what Powder Money he may receive from the former Receivers of said Money, of Port Bath and Port Beaufort, be applied towards dischargeing the claims allowed by former Assemblies, and desire your Honours Concurrence thereto.

Sent the above Message by Mr. Harris and Mr. Howell.

Received from the Council the Bill for licensing Traders Pedlars &c Endorsed in the Upper House, read the second Time with Amendments.

The House adjourn'd til tomorrow Morning Nine o'clock.


Tuesday, April 14, 1752 The House met according to Adjournment.

The House adjourned for an Hour.

The House met according to Adjournment

Ordered, That the Bill, for licensing Traders, Pedlars, &c be read the third time

Read the said Bill the third time, and amended the same.

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Received the following Message from the Council, viz

Mr. Speaker, and Gentlemen,

This House has taken into Consideration a claim of Seven Pounds Seventeen Shillings, Proclamation Money allowed by the Committee of Claims in September 1749 to the Honourable James Murray, Esq; a Member of this House, for travelling to Edenton, in Order to attend at a Session of Assembly there held in November 1743, which Claim was disallowed by your House, by Reason Mr. Murray did not appear until the Assembly was prorogued but he having produced to this Board a proper Certificate of his having been in a bad State of Health at that time, and as he appeared on the very day the Assembly was prorogued, and was never absent from any other Assembly when he was in this Province; we are of opinion that the said claim ought to be allowed, to which we desire your Concurrence.

Mr. Sinclare moved, that the Bill, for licensing Traders, Pedlars, &c lie on the Table for Consideration, and was seconded by Mr. Barrow; the said Motion being objected to by Mr. Ash, and moved, that the said Bill pass, and was seconded by Mr. De Rosset; upon which the Question was put, Whether the said Bill lie for Consideration or pass? And after several Debates thereon, Resolved, that the said Bill pass, and ordered to be sent to the Council.

Sent the said Bill to the Council, by Mr. De Rosset and Mr. Houston.

The House adjourned til four o'clock Afternoon

P. M. The House met according to Adjournment

Received from the Council the Bill, for licensing Traders, Pedlars &c. Endorsed in the Upper House, read the third time and passed.

Ordered the same be engrossed.

Ordered, That the following Message be sent to the Council viz.

Gentlemen of his Majesty's Honourable Council,

We are sorry we can't concur with your Message of this Morning, relating to the Claim which was allowed by a former Committee to the honourable James Murray Esq; and then not approved of, but disallowed by this House on their examining the said Report, as we don't find any Precedent of a Member of either House having been allowed any Claim in the like Case. and have no Reason to apprehend we ought to make a Precedent in this of the honourable James Murray Esq; especially as the Claim hath been already disallowed by this House, on

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their examining the aforesaid Report, and with which Report, after the said Claim was marked (disallowed) by this House, your Honours concurred.

Sent by Mr. Brice and Mr. Calf.

The House adjourn'd 'til tomorrow Morning Seven O'clock.


Wednesday, April 15, 1752. The House met according to Adjournment.

Received from the Council the Message of this House, of Monday last, regarding the Appropriation of the Sixty Pounds Seventeen Shillings in the Hands of Treasurer of the Southern District Endorsed, In the Upper House concurred with, so far only as concerns the Payment of the Expenses of the Committee and Officers of both Houses.

His Excellency the Governor sent a Message to this House, commanding their immediate Attendance in the Council Chamber with what Bills were engrossed.

The House in a full Body waited on his Excellency the Governor in the Council Chamber, when Mr. Speaker presented the following engrossed Bills, viz

The Bill, for licensing Traders, Pedlars, and petty Chapmen

The Bill for facilitating the Navigation of Port Bath Port Roanoke, and Port Beaufort.

The Bill, to amend and extend an Act to appoint Inspectors,

The Bill, for appointing a Treasurer for the Counties of Currituck Pasquotank &c

And the Bill to explain and amend the Road Act, &c

The Bill, for dividing Johnston, Granville, and Bladen Counties

The Bill, for appointing and laying out a town at Blackman's Landing.

The Bill, to encourage Caleb Grainger to build a Bridge over Smiths Creek, in New Hanover County

The Bill, to amend an Act, for regulating the Pilotage of Cape Fear &c

To which nine Bills his Excellency was pleased to assent; then prorogued this Assembly until the second Tuesday in October next, to be then held at Newbern.

Mr. Speaker with the House returned, and pronounced the Prorogation accordingly.