powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
December 12, 1754 - December 31, 1754
Volume 05, Pages 231-262

At a General Assembly begun and held at New Bern the twelfth day of December in the twenty-eighth 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, And in the Year of our Lord One thousand seven hundred and fifty four and continued by prorogation to the Twelfth Instant being the first Session of this present General Assembly.


Tuesday the 12th December 1754.

Rec̄d a Certificate from the Clerk of the Crown of the return of the Writs for Electing Members for the several Counties and Towns in this Province to sit and vote in this present General Assembly.

Craven County—Mr. Joseph Bryan, Mr. John Fonville.

Carteret County—Mr. Thomas Lovick, Mr. Joseph Bell.

Johnston County—Mr. Richard Caswell jur, Mr. Stephen Cade.

-------------------- page 232 --------------------

Currituck County—Mr. William Shergold, Mr. John Surry, Mr. Francis Brown, Mr. Stephen Williams.

Pasquotank County—Mr. Robert Murden, Mr. Thomas Relfe, Mr. Samuel Swann jur, Mr. John Brothers, Mr. Griffith Jones.

Perquimons County—Mr. John Harvey, Mr. Benj: Harvey, Mr. William Wyatt, Mr. Joseph Sutton.

Chowan County—Mr. Demsey Sumner, Mr. Joseph Blunt, Mr. Timothy Walton, Mr. Joseph Heron, Mr. Edward Vail.

Bertie County—Mr. Jno Campbell, Mr. Thomas Whitmell, Mr. Benj Wynns.

Onslow County—Mr. Samuel Swann, Mr. John Starkey.

New Bern—

Bath Town—Mr. Wyriot Ormond.

Beaufort County—Mr. John Hardy, Mr. William Spier.

Hide County—Mr. Samuel Sinclaire, Mr. John Harvey.

Northampton County—Mr. James Washington, Mr. Robert Jones junr.

Tyrell County—Mr. William Mackay, Mr. James Conner, Mr. Jacob Blount, Mr. Francis Ward, Mr. Samuel Spruill.

Edgcomb County—Mr. William Kinchin jr, Mr. William Williams.

Granville County—Mr. Robert Harris, Mr. James Payne.

Duplin County—Mr. Francis Brice, Mr. William Houston.

New Hanover County—Mr. George Moore, Mr. John Ashe.

Bladen County—Mr. William Bartram, Mr. Isaac Jones.

Anson County—Mr. Anthony Hutchings, Mr. John Hamer.

Rowan County—Mr. James Carter, Mr. John Bravard.

Edenton—Mr. Thomas Barker.

Wilmington—Mr. Cornelius Harnett.

His Excellency the Governor was pleased to prorogue this Assembly untill tomorrow.


Friday the 13th December 1754. The House met according to prorogation

Two members waited on his Excellency the Governor and acquainted him the Members were met.

His Excellency the Governor sent a Message commanding the Members to attend him in the Council Chamber.

The Members waited on His Excellency the Governor in the Council Chamber when his Excellency commanded to make Choice of a Speaker. Mr. Sinclaire proposed and sett up Mr. Samuel Swann, Mr. Thomas Barker proposed and sett up Mr. John Campbell, On which the Motion

-------------------- page 233 --------------------
was made and the question was put and on the House dividing there appeared an Equality of Votes. After some time Mr. Swann acquainted the Members that in order to Expedite the Business of the House he gave up his pretensions to the said Place to Mr. John Campbell, Whereupon he was placed in the Chair.

Mr. Heron and Mr. Harvey waited on his Excellency the Governor and acquainted him that the House of Burgesses in obedience to his Commands had made choice of a Speaker and desired to know when they should attend him.

His Excellency sent for Answer that he would receive them tomorrow morning at eleven oClock.

Then the House adjourned till Tomorrow 10 oClock.


Saturday the 14th December 1754. The House met according to adjournment.

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

Accordingly Mr. Speaker with the House went up to the Governors and the House acquainted him that they had made choice of a Speaker and presented Mr. John Campbell for his Excellencys approbation, Who was pleased to approve of their choice.

The House being returned Mr. Speaker Reported That the House had attended his Excellency the Governor in the Council Chamber and that he was pleased to make a Speech to the Council and this House of which he had to prevent Mistakes obtained a Copy which he delivered in at the Table when it was read by the Clerk and is as follows.

Gentlemen of his Majestys Honorable Council, Mr. Speaker and Gentlemen of the House of Assembly,

His Majesty having been Graciously pleased to Honour me with the Government of this Province I have taken the earliest opportunity of meeting with you in full Assembly to Consult you upon what may tend to the peace, Happiness Increase and Improvement of this Province and to Consider of proper Laws to secure the Rights and Properties and Improve the Trade of this Colony and to unite the Affections of all the Members of the Society that all may concur in promoting your General Wealth and Happiness.

As the first and greatest Principal Foundation of all Social Happiness is the knowledge of true Religion and the Practice of Morality and Virtue to Know Love and Adore the Divine Being as we ought and to obey the Precepts he has revealed to us—So I think it my Duty in the first place to recommend to you the providing a proper Fund to support

-------------------- page 234 --------------------
a sufficient Number of Learned pious Clergymen to reside in the Province and to accommodate them with Houses, Glebes and Parish Clerks to enable them to Instruct the Inhabitants and the rising Generation in the Principles of true Religion and Virtue in such a prudent manner without Tythes as to prevent Contests and preserve a Harmony between the Clergy and the Laity that their Interest may be the same, and they may have leisure as well as inclination to instruct their Flock in Christian Principles.

Next to this in Duty to His Majesty who like a Beneficent Father has given to this Colony a permanent Property on their Lands reserving to himself a very small acknowledgment of Quit Rent who has protected it in its Infant State from all Foreign Insults and has maintained and supported it in its Civil and Religious rights and Priviledges by a true Christian Liberty of Conscience and in the Happiest Constitution on the Globe I must earnestly recommend it to you that in return for his Majesty's Paternal Care you make an Effectual Law for the Speedy and easy Collection of the Quit Rents which his Majesty has been graciously pleased to apply for the use of this Colony towards the discharge of a great Arrear due to the Officers of this Establishment and towards their Annual Support who are necessary to preseve your Peace and to have Justice impartially distributed in the Province. This in Justice to yourselves as well as in Gratitude to the best of Princes who is not only the Father of his people but the benefactor of Mankind I am convinced you will readily agree to.

After this I must recommend to your Consideration the making Effectual Laws to secure your Peace and Property and to obtain your Rights and to have Justice distributed in the speediest and easiest Manner without Dilitory Law Proceedings, and also Laws to promote Trade and industries in order to support your Credit at Home and Abroad by making Effectual Laws to recover just Debts without Chicanery or tedious Delays and all small Debts in a summary Way which will promote Economy and Industry and prevent Indolence and Sloth.

Since a paper Currency has been found Beneficial hitherto from the Want of Bullion or Coin I must recommend to you the keeping up your Paper Credit by making your Paper Bills a permanent Fund of Credit upon Land Security by a Loan Office, and to Provide a Sufficient Fund to pay off and Cancell the Bills of Credit already Issued in a short time, a Plan of which shall be Communicated to you, This with a General Inspection law and Imploying Inspectors in all your Sea-Ports to View and Support the Credit of your Exports and a proper

-------------------- page 235 --------------------
Economy with Industry must Occasion a Ballance In your Favour and consequently a Return in Gold or Silver will demonstrate that Honesty in Trade as well as in all other Dealings is the best Policy.

The extending our Trade into the Continent and our Colonies into the fine Countries beyond the Mountains being of the utmost Consequence to this and all our Colonies I must earnestly recommend it to you to make a Law to lay our Indian Traders under proper Regulation and to promote an Intimacy of Friendship and living in Harmony with our Indian Neighbours and Allies that we may be enabled to Civilize and make them Industrious and to Incorporate with them by carrying on an Equitable Trade with them and treating them with Christian Benevolence; This at least we owe to them upon Account of our possessing their happy Climate and Country and we shall not only Proffit by their Trade but make them our Steady Friends and by Extending our Alliance to Distant Nations we may enlarge our Trade over the whole Northern Continent and form an Impregnable Barrier against our ever active Enemies the French who in the time of Profound peace have not only headed their Indian Allies and have prevailed with them to make depredations Massacre in Cold Blood and Scalp several of the Inhabitants of this and our other Colonies but have entered with an Armed Force and erected Forts in the Counties belonging to his Majesty as well as our Indian Allies—And therefore I am commanded by his Majesty to recommend it to you in the strongest manner to provide a supply to assist the Colony of Virginia whose Country is Invaded and his Majestys Troops slaughtered for endeavouring to repell these Invaders. The fire which has Caught your Neighbours House has lately spread into your own, Your Religion, Liberty and property are all at Stake, if they be not repelled and drove back to their Inhospitable Colonies, But as this Subject is of the utmost Importance and it will be tedious to Explain the French Plan Calculated for the Ruin of Britain and these Colonies at this time, As soon as you fall upon Business I shall lay before you in a more ample manner that you may see the necessity of a speedy and Effectual Supply.

Mr. Speaker and Gentlemen of the Assembly,

I am Instructed and have it in Command from his Majesty to look out and fix upon a Convenient and Healthy Situation for the Seat of Government and Courts of Justice which may best answer the whole province and to lay it before his Majesty for his approbation when that is fixed your own Prudence & Wisdom will Suggest to you whether you should not have a Fund provided to Erect publick Buildings for the Residence

-------------------- page 236 --------------------
of the Governors and for the publick Offices and Courts of Justice since the Credit and Increase of the Trade of the Province depends in a great Measure upon the Healthiness and Increase of the Capital and having all the Public Offices together.

I am also Commanded by his Majesty earnestly to recommend to you the raising of a suitable Fund without Limitation of time to support the dignity of the present and all future Governors and to answer the Contingencies and Emergencys of Government the payment of the Officers and Clerks of the Council and Assembly for the repairing Fortifications, Store Houses and Magazines when Erected which Establishment will be always necessary for your Security and defence His Majesty having been graciously pleased to give you a thousand Firelocks and Accoutrements for the use of this Province and I have a well grounded Expectation that proper Artillery with Military Stores will be granted to the several Forts when Erected and an Independant Company provided that a powder Duty be again Granted to supply the Magazines in the Province.

It is with great Concern that I observe from the late Divisions in the Province the proper Duties laid on for the support of the Establishment and for the sinking the Paper Currency have not been properly Levied from the Disputing the Legality of the Assembly in passing and continuing those Duties by which means the Charges of Government have not been paid and the publick Debt Increased as this Bone of Contention is happily laid aside by his Majestys having minutely entered into an Examination of the Constitution and Laws of the province by repealing several Laws it will be necessary for you to have all the present Laws revised and where Laws have been repealed upon Account of some improper Clauses to reenact them with unexceptionable Clauses and to have the whole Laws assertained which may best be done by appointing Committees to sit upon them during the Recess betwixt this and the next Session to have them ready to be offered at the next Assembly.

Since his Majesty has been graciously pleased to Intrust me with the Care and Improvement of this Province as it is my Duty so it shall be my Constant Care to promote true Religion and Virtue and the Wealth Peace and Happiness of the Colony and to Increase and Improve the Trade As a Union of affections and acting together for the general good of the Province is not only a Prudent and right measure but absolutely necessary to be pursued to Improve the Colony in Wealth and Trade it is my determined Resolution to encourage and Countenance only those who shall heartily Concur in so good a purpose which must Improve the Marketts support the Credit, Establish Justice and give

-------------------- page 237 --------------------
Strength and Weight to the Colony and induce Merchants Artizans and other Gentlemen of Learning Merit and property to purchase and reside in the province.

Mr. Barker moved that a Committee be appointed to prepare an Address in Answer to his Excellencys Speech; and Mr. Barker, Mr. Swann, Mr. Ormond, Mr. Starkey and Mr. Sinclaire were accordingly Appointed.

Mr. Joseph Blunt one of the Members for Chowan County, Mr. Joseph Sutton one of the Members for Perquimons County, and Mr. John Hamer and Mr. John Hutchings the two Members for Anson County, Appeared took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

Mr. Starkey produced to this House an Accompt from Capt Thomas Pearson for the Freight of One thousand Arms Swords &c, from his Majesty for the use of the Province.

Resolved, The Sum of Sixty six pounds seventeen Shillings and four pence proclamation Money for the Freight of these Arms &c be kept to the said Thomas Pearson by John Starkey Esqr Treasurer of the Southern District out of the Money in his Hands for supporting the Contingencies of Government.

The House adjourned till Monday Morning 10 o'Clock.


Monday the 16th December 1754. The House met according to adjournment.

Mr. Swann Reported that the Committee appointed had according to Order prepared an Address to the Governor which he read in his Place and afterwards Delivered it in at the Table when the same was again read by the Clerk and agreed to, and is as follows,

May it please your Excellency,

We his Majesty's most Dutifull and Loyal Subjects the Members of the General Assembly of North Carolina beg leave to Congratulate your Excellency on your safe Arrival in your Government and return you our hearty Thanks for your Speech at the opening of this Session.

The Temporal Good as well as the Eternal Felicity of Mankind so essentially depends on the knowledge and practice of true Religion and the Encouragement of a learned Clergy is so evidently necessary that we shall readily give all the Assistance in our Power to Accomplish what your Excellency has so justly recommended on that Head.

The Numberless advantages and Invaluable Priviledges which all his Majestys Subjects enjoy under his Wise and Beneficent Administration

-------------------- page 238 --------------------
are such as will on every Occasion stimulate our Endeavours to a faithful discharge of our Duty to the best of Kings; The large Arrear of Quit Rent due to the Crown and to Earl Granville deserve great Attention and we shall pass a Bill for the most speedy and easy Manner of Collecting the same, that the poor and Indigent State of the Province will admit.

We shall chearfully give our attendance in supplying any defects in the Laws which relate to the Courts of Justice in the proper Regulation of which the planting as well as Trading Interest is greatly concerned.

We shall fully consider the plan mentioned in your Excellency's Speech for making a Paper Currency whenever you shall please to lay the same before us.

The apparent necessity both in a Political and Moral Light of keeping a good correspondence with the Indians in Amity with us will engage us to take such measures as will secure their Trade and confirm their Friendship

The unjustifyable Incroachments of the French on his Majesty's Territories in the Colony of Virginia and their unwarrantable Hostilities so Pathetically mentioned by your Excellency deserve the just Resentment of every British Subject and will excite us to raise such supplies as the Circumstances of our Constituents will admit of to enable your Excellency to protect our Frontiers and assist the other Governments in repelling a Treacherous and inhospitable Enemy.

We shall endeavour to obliterate the Remembrance of our former Contests and the ill consequence which attended them being desirous in all our Consultations to proceed with unanimity and publick Spirit in every Measure that may be for his Majestys Service and the General Good of the Province which are so intimately connected that whatever advances the one contributes to the other.

We perceive the necessity of revising the Laws and shall prepare a Bill for that purpose and your Excellency may be assured that we shall give due Attention to everything you have recommended.

We Esteem it a singular mark of his Majesty's Favour his appointing a Gentleman of your Excellency's known Abilities and Character to preside over us, and we shall with the greatest Alacrity concur with the Members of his Majestys Council in everything that may tend to make your Administration easy and happy.

Ordered, That the said Address be fairly Transcribed and presented by the whole House.

-------------------- page 239 --------------------

Ordered, That Mr. Sinclaire and Mr. Blount wait on his Excellency the Governor to know when the House shall attend him with the same to present it.

Then the House adjourned till 3 o'Clock in the Afternoon.

P. M. The House met according to adjournment.

Mr. Robert Jones one of the Members for Northampton County appeared took the Oaths by Law appointed for his Qualification Subscribed the Test and took his Seat in the House.

Mr. Sinclaire and Mr. Blount reported that according to Order they had waited on his Excellency the Governor to know when this House should attend him with their Address and that he was pleased to appoint tomorrow and to say he would signify by a Message when he was ready to receive it.

Then the House adjourned till 11 o'Clock tomorrow Morning.


Tuesday the 17th December 1754. The House met according to adjournment.

His Excellency the Governor sent a Message to the House to acquaint them that he was ready to receive their Address in the Council Chamber

Mr. Speaker with the House went up and being returned Reported that he with the House had attended the Governor in the Council Chamber and represented the Address of this House to him to which he was pleased to answer

Mr. Speaker and Gentlemen of the Assembly,

I thank you for this Dutiful and Loyal Address the zeal you have shewn for Religion the Loyalty and Duty you Express for his Majesty for his Paternal Care over this Province, The just Resentment you have of the French Depredations and Encroachments in these Colonies and the necessity there is for an immediate supply and Union of the Colonies and securing our Indian Allies I shall faithfully represent to his Majesty.

The good opinion you have expressed of my endeavours to serve this Colony must add (if possible) to my Assiduity and care to promote Religion and Virtue and the peace and Wealth and Improvement of this Province.

Mr. Starkey moved that a Committee be appointed to settle and allow publick Claims, And also a Committee to Examine State and Settle the Publick Accounts, And the following Members were accordingly Appointed Mr. Barker Mr. Samuel Swann, Mr. Robert Jones, and Mr. Joseph Blount. And on the Claims, Mr. Lovick, Mr. Starkey Mr. Mackay, Mr. Sinclaire and Mr. Ormond.

-------------------- page 240 --------------------

Ordered, Mr. Ashe and Mr. Caswell wait on the Councill with the following Message,

Gentlemen of his Majestys Honble Council,

This House have appointed Mr. Thomas Barker, Mr. John Harvey, Mr. Samuel Swann, Mr. Robert Jones and Mr. Joseph Blount a Committee to Examine State and settle the publick Accompts of this Province

And Mr. Thomas Lovick, Mr. John Starkey, Mr. William Mackay, Mr. Samuel Sinclaire, and Mr. Wyriott Ormond to examine Settle and allow publick Claims in Conjunction with such of your Honours as you shall think fit to appoint.

By order
JOHN CAMPBELL Speaker
William Heritage Clk.

Mr. Ormond moved that a Committee of propositions and Grievances be appointed and the following Members were accordingly appointed (Vizt) Mr. Joseph Heron, Mr. Bryan, Mr. Bell, Mr. Cade, Mr. Spier, Mr. Harvey junr. Mr. Shergold, Mr. Swanu, junr. Mr. Sutton, Mr. Ward, Mr. Whitmell, Mr. Washington, Mr. Wm Williams, Mr. Harris, Mr. Bruce, Mr. Ashe, Mr. Bartram, Mr. Hamer, Mr. Carter, Mr. Starkey and Mr. Harnett.

His Excellency the Governor laid before the House a Transcript of the twenty sixth Article of his Instructions and acquainted this House that his Majesty had Commanded him to have the above said Article Entered on the Journals of this House.

Resolved, That the said Instructions be entered on the Journals of this House and is as follows (Vizt)

Whereas several Inconveniences have arisen to our Governments in the plantations by Gifts and presents made to our Governors by the General Assemblys for prevention thereof for the future it [is] our Express Will and pleasure that neither you the Governor nor any Governor, Lieutenant Governor, Commander in Chief or President of the Councill of our said province of North Carolina for the time being do give your or their Consents to the passing any Law or Act for any Gift or presents to be made to you or them by the Assembly and that neither you nor they do receive any Gift or Present from the Assembly or others on any account or in any manner whatever upon pain of our highest displeasure and of being recalled from that Government.

Signed
ARTHUR DOBBS.

Dated 17th December 1754
-------------------- page 241 --------------------

The House adjourned till to-morrow morning 9 oClock.


Wednesday the 18th December 1754. The House met according to adjournment.

Mr. Washington presented a petition from the County Court of Northampton Setting forth that had applyed to the said Court to be recommended to this House to be Exempt from paying publick Taxes and Duties

Ordered he be Exempt accordingly.

Mr. Washington presented to the House a Certificate from the County Court of Northampton Setting forth that wife of a free Negroe through violent sickness hath lost the use of her Limbs and therefore recommended her to this House that she be Exempt from paying publick Taxes.

Ordered she be exempt accordingly.

Mr. Williams presented a petition from the County Court of Edgcomb Setting forth that hath applyed to the said Court to be Exempt from paying publick Taxes.

Ordered he be exempt accordingly.

Received from the Councill the following Message.

Mr. Speaker and Gentlemen,

The House taking into consideration the Message of yesterday Relative to the appointment of the Committee of publick Accompts and Claims have thought fit to appoint the following Gentlemen in Conjunction with those of yours (Vizt) The Honble James Hasell and John Rutherford Esqrs on the publick Accompts and Honble John Swann and John Dawson Esqrs on the Claims.


December 18th 1754.

Mr. Barker moved that the House pass a vote to enable his Excellency the Governor to make proper provisions for the Indians now in Newbern, Which was agreed to Nem Con.

Mr. Starkey moved that his Excellency the Governor be empowered to draw on the Treasurer of the Southern District for the sum of Twenty five pounds in order to make Gifts and presents to the Indians.

Resolved, that the publick Treasurer of the Southern District pay to his Excellency the Governor the sum of twenty five pounds to make Gifts and presents to the Indians now in New Bern and that the said Treasurer be allowed the same on his accounting with the Publick.

Resolved, That Mr. Samuel Swann and Mr. Starkey wait on the Reverend Mr. James Read and return him the Thanks of this House for his Sermon preached before them on Sunday the 15th Instant.

-------------------- page 242 --------------------

Mr. Ormond moved that three of the Members of this House be appointed to provide and supply necessary lodgings and provisions for the Indians now in Town and that the Expence thereof be placed on the Estimate of the publick Claims.

Ordered, That Mr. Thomas Whitmell, Mr. Francis Brice, and Mr. William Williams do agree with proper persons to supply the said Indians agreeable to the above Motion.

Mr. John Fonvealle presented a Certificate from the County Court of Craven Setting forth hath applyed to the Court to be recommended to this House to be Exempted from paying Publick Taxes.

Ordered he be Exempt accordingly.

Mr. William Williams presented to this House the petition of William Hurst complaining of an undue Election of Mr. Robert Harris one of the Representatives for Granville County.

Ordered to be read and read.

Mr. Williams moved that the consideration of the said Petition be referred 'till tomorrow morning.

Resolved That the Consideration of the said petition be referred till tomorrow.

Mr. Robert Jones moved that a Committee be appointed to prepare and bring in a Bill for granting an Aid to his Majesty for the Defence of the Frontier of this province and other purposes.

Ordered That Mr. Jones, Mr. Swann, Mr. Ormond, Mr. Barker and Mr. Starkey prepare and bring in the same.

Mr. Bryan presented to this House a Certificate from the County Court of Craven, Setting forth that hath applyed to the said Court to be recommended to this House to be Exempt from paying publick Dues.

Ordered he be Exempt accordingly.

The House adjourned till 3 oClock Afternoon.

P. M. The House met according to adjournment.

Mr. Fonville presented to this House a Certificate from the County Court of Craven Setting forth that had applyed to the said Court to be recommended to this House to be Exempt from paying publick Taxes.

Ordered he be Exempt accordingly.

Mr. Bryan presented to this House a Certificate from the County Court of Craven Setting forth that hath applyed to the said Court to be recommended to this House to be exempt from paying publick Taxes.

-------------------- page 243 --------------------

Ordered he be exempt accordingly.

The House adjourned till tomorrow 9 oClock.


Thursday the 19th December 1754. The House met according to adjournment.

Mr. Starkey presented to the House a petition of several Freeholders of the Town of Newbern complaining of an undue Election of Mr. James Davis for a Representative for the said Town.

Ordered That Mr. James Davis and Mr. Heron wait on the Clerk of the Crown and acquaint him this House desires the return of the Writt for Electing a Representative for the said Town to be laid before them.

Mr. Barker moved for leave to Bring in a Bill for securing the payment of Quit Rents due to his Majesty and Earl Granville for quieting the Freeholders in the Possession of their Lands and for other Purposes.

Ordered the following Gentlemen be appointed a Committee to prepare and bring in the same (Vizt)

Mr. Barker, Mr. Jones, Mr. Swann, Mr. Harvey junr, Mr. Murden, Mr. Sinclaire, Mr. Ashe, Mr. Starkey, Mr. Blount, Mr. Lovick, Mr. Bravard, Mr. Hutchins, Mr. Bryan, Mr. Mackay, Mr. Sutton, Mr. Caswell junr, Mr. Paine, Mr. Hardy, Mr. William Williams, Mr. Ormond, Mr. Bartram and Mr. Stephen Williams.

And they are appointed Accordingly.

Mr. Barker moved that the House would resolve a Sum necessary to be granted to his Majesty for the defence of the Frontiers of this province &c.

Resolved Nem: Con, That the Sum of £8,000 proclamation money be granted as an Aid to his Majesty to enable His Excellency the Governor to assist the neighbouring provinces in repelling the French from their unjustifiable encroachments on the river Ohio and protect the Frontiers of this Province.

Mr. Jones moved that the House resolve into a Committee of the whole House to consider of Ways and Means to Raise the sum of £8,000 pursuant to the above Resolve.

Resolved, That the House resolve into a Committee of the whole House tomorrow morning pursuant to the above Motion.

Mr. Jones moved that an Humble Address be made to His Majesty to Express our Loyalty and Attachment to his Royal person and to return him our Sincere thanks for the Arms he has been graciously pleased to send us for the Defence and protection of this province and to Inform him of our Readiness notwithstanding our Indigence to grant an Aid of £8,000 to enable his Excellency the Governor to assist the

-------------------- page 244 --------------------
Neighbouring Provinces in repelling the French from their unjustifiable Encroachments on the River Ohio and Defend the Frontier of this province and to pray the Continuance of his paternal Favour and protection.

Resolved, Nem. Con. that his Majesty be addressed accordingly.

Resolved, That Mr. Jones, Mr. Ormond Mr. Barker, Mr. Swann and Mr. Starkey prepare the said Address and lay the same before the House for Approbation.

Mr. Jones moved that a Committee be appointed to prepare and bring in a Bill for Establishing the Supreme Courts of Justice and regulating the proceedings therein.

Ordered, That Mr. Jones, Mr. Starkey, Mr. Barker, Mr. Swann, Mr. Swann junr, Mr. Harvey, Mr. Harnett, Mr. Bell, Mr. Sumner, Mr. Moore, Mr. William Williams, Mr. Lovick, Mr. Ashe, Mr. Brown, Mr. Caswell, junr, Mr. Blount and Mr. Relfe, do prepare and bring in the same

Mr. Barker moved that a Committee be appointed to prepare and bring in a Bill for appointing parishes and Vestries for the Encouragement of an Orthodox Clergy for the advancement of the Protestant Religion and for the Direction of the Settlement of parish Accompts and other purposes.

Ordered That Mr. Barker, Mr. Ormond, Mr. Swann, Mr. Fonville, Mr. Lovick, Mr. Cade, Mr. Spier, Mr. Sinclair, Mr. Stephen Williams, Mr. Relfe, Mr. Jones, Mr. Harvey, Mr. Blount, Mr. Ward, Mr. Wynns, Mr. Washington, Mr. William Williams, Mr. Paine, Mr. Brice, Mr. Moore, Mr. Harnett, Mr. Bartram, Mr. Hutchins, Mr. Bravard and Mr. Starkey do prepare and bring in the same.

Mr. Jones moved that the Committee appointed to prepare and bring in a Bill for Establishing the Supreme Courts of Justice and regulating the proceedings therein together with Mr. Ormond, Mr. Blount, and Mr. Sinclaire do prepare and bring in a Bill for Establishing County Courts for enlarging their Jurisdiction and settling the proceedings therein.

Ordered The said Committee together with Mr. Ormond, Mr. Blount, and Mr. Sinclaire do prepare and bring in the same.

Mr. Jones moved that the House (tomorrow morning) resolve into a Committee of the whole House to consider as well on the Controverted Election of a Member for the Town of Newbern as also that for the County of Granville.

Resolved, The House resolve into a Committee of the whole House for the Consideration of as well the Controverted Election of a Member for Newbern as also for that of Granville County, And that the Writs with the Returns thereof be then Referred to the said Committee.

-------------------- page 245 --------------------

Then the House Adjourned till tomorrow 10 o'Clock.


Friday the 20th December 1754. The House met according to adjournment.

Mr. Hurst the petitioner complaining of an undue Election of a Member for Granville County appeared at the Bar of the House and avowed the Substance of the petition to be true.

Mr. Jones presented a petition of several of the Inhabitants of the Town of Newbern setting forth that Mr. Davis Sheriff of Craven County having returned himself a Member to serve in this present Assembly and Mr. Jeremiah Vaile had several Votes at the said Election, Praying in Case Mr. Davis should be adjudged not Qualifyd this House would be pleased to Address his Excellency the Governor to order the Clerk of the Crown to issue a Writ for the Election of a Burgess for the said Town to sit and Vote in the present Assembly.

This House agreeable to the Order of Yesterday have resolved into a Committee of the whole House to Consider as well on the Controverted Election of one of the Members for Granville County as on the Controverted Election of a Member for New Bern and Chose Mr. Starkey Chairman who was placed in the Chair Accordingly.

After some time spent the Committee came to several Resolutions thereon which Mr. Chairman was directed to Report to the House

Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee appointed had had under their Consideration the Matters relating to the Controverted Elections and came the following Resolutions to wit—

That the Law does not allow of an Inquiry into the Facts contained in the said petition but at the time of the Election And that Mr. Robert Harris is duly Elected to serve in this present Assembly as a Member for Granville County.

And that Mr. James Davis was not Qualifyed to serve as a Member for the Town of New Bern he having been Sheriff of Craven County at the time of his Election which he read in his place and then Delivered them in at the Table where they were again read and agreed to by the House.

Mr. Jones moved that his Excellency the Governor be addressed to Order the Clerk of the Crown to Issue a Writ for Electing a Member to serve in this present Assembly in the Room of the said Mr. James Davis to which Motion Mr. Swann objected and moved that Mr. Vail who had several Votes at the said Election be admitted a Member for the said Town in the Room of the said Mr. Davis on which the Question was put and carried by a Majority that his Excellency be Addressed

-------------------- page 246 --------------------

Ordered His Excellency be addressed accordingly

The Order of Yesterday being read That the House resolve into a Committee of the whole House to Consider of Ways and means to raise the sum of eight thousand pounds for granting an Aid to His Majesty &c.

Resolved That this House resolve into a Committee of the whole House to-morrow for the purpose aforesaid.

Mr. Barker moved that Mr. Blount, Mr. Harvey junr Mr. Sumner, Mr. Harnett, Mr. Ashe, Mr. Sinclaire, Mr. Heron, Mr. Murden, Mr. Shergold, Mr. Lovick, Mr. Relfe, Mr. Whitmell, Mr. William Williams, Mr. Wynns, Mr. Caswell, Mr. Hardy, Mr. Bryan, Mr. Mackay, Mr. Swann junr, Mr. Carter, Mr. Moore, and Mr. Bell be added to the Committee appointed to prepare and bring in a Bill for granting an Aid to his Majesty for the Defence of the Frontier of this Province and other purposes.

Ordered That they be added accordingly.

Ordered That Mr. Harvey and Mr. Ashe wait on his Excellency the Governor and acquaint him this House desire him to direct the Clerk of the Crown to Issue a writt for Electing a Member to sitt and vote in this present Assembly for the Town of Newbern in the Room of Mr. James Davis.

His Excellency sent for Answer that he would direct the Clerk of the Crown so to do.

Then the House adjourned till to-morrow morning 9 oClock.


Saturday the 21st December 1754. The House met according to Adjournment.

Mr. Hardy moved for leave to be absent from the Service of the House until Tuesday next.

Ordered, That he have leave accordingly.

Mr. Ashe presented a petition from several of the Inhabitants of New Hanover County Setting forth that the Court of New Hanover County having appointed a Ferry from the point of Marsh to the Mouth of the Thoroughfare and also another Ferry at a place called Mount Misery on the North West Branch of Cape Fear River,

Praying a Law may pass to oblige the Commissioners of the several Districts adjoining the said Ferrys to cause sufficient Roads to be made to the same which was read And then Mr. Ashe moved for leave to prepare and bring in a Bill pursuant to the prayer of the said petition.

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

-------------------- page 247 --------------------

Mr. Harnett presented a Petition from several of the Inhabitants of the Town of Wilmington, Setting forth the many Hardships and disadvantages they labour under by the Tanners being the means of lowering the price of Hides, Praying a Remedy.

Ordered the same lye for Consideration.

Mr. Bell moved for leave to bring a Bill for the Amendment of an Additional Act to an Act concerning Roads and Ferrys.

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

Mr. Starkey from the Committee of propositions and Grievances Reported that the said Committee had sat and had agreed to several propositions which he read in his Place and was again read by the Clerk.

Ordered, The same lye on the Table for Consideration

Mr. Robert Jones Reported that the persons appointed had according to Order prepared an Address to his Majesty which he read in his place and then Delivered in at the Table where it was again Read and agreed to by the House

To the Kings most Excellt Majesty.

The Humble Address of the Assembly of No Carolina

Most gracious Sovereign,

We your Majesty's most Dutifull and Loyal Subjects the Members of Assembly of North Carolina now met in General Assembly return your Majesty our humble and hearty Thanks for your Paternal Care of the American Colonies in general And for the Arms you have been pleased to Order for the use of this Province in particular.

We are truly sensible of your Majestys goodness in appointing his Excellency Arthur Dobbs Esqr to be our Governor whose zeal for your Majestys person and Service and endeavours to promote the happiness of the People have already rendered him highly acceptable to your Majestys Subjects in this Government.

Our inviolable Attachment to your Majestys person and the Protestant Succession in your Royal Line will ever engage us chearfully to embrace all opportunitys of demonstrating our duty and loyalty to your Majesty and of shewing an unalterable Resolution to prosecute such Measures as may at any time be necessary for your Majestys Service.

We beg leave to express our utter detestation of a perfidious Scheme long since planned and now attempted to be carried into Execution by the French in open violation of the most Solemn Treaties have invaded your Majesty Territory in Virginia And not content with the Injuries perpetrated by themselves have spirited up the Indians in their Alliances to Massacre your Majestys Subject in that and several of the other

-------------------- page 248 --------------------
provinces. Animated with a just resentment of these unwarrantable Outrages we have notwithstanding our Poverty and Indigences granted to your Majesty an additional Supply of Eight Thousand pounds to enable his Excellency the Governor to Assist the other Governments in repelling those Intruders from their unjustifiable Encroachments on your Majestys Lands on Ohio: And to protect our own Frontiers.

We are bound in Duty and Gratitude to return your Majesty our humble and sincere Thanks for having been graciously pleased to examine the Constitution of this province and to repeal several Laws repugnant thereto whereby the people by your Majestys Favour are restored to their Ancient Rights and Priviledges; And the Contests which subsisted among us are happily terminated.

We shall by a due Attention to everything relating to your Majestys Interest endeavour to Establish ourselves in your good opinion and hope to be favoured with the Continuance of your Majestys paternal Care and Royal protection.

Ordered, That the said Address be fairly Engrossed which is done and is as follows and then the House resolved Nem. Con. That the said Address do stand for the Address of the House.

Resolved, That Mr. Speaker with the House do attend his Excellency the Governor with the same Address and desire that he would cause the same to be laid before his Majesty.

Mr. Barker moved that a Committee be appointed to prepare and bring a Bill to appoint an Agent to Sollicit the Affairs of this Province at the several Boards in England and the following Gentlemen were accordingly appointed (Vizt) Mr. Barker, Mr. Ormond, Mr. Jones, Mr. Swann, and Mr. Starkey.

The House taking into Consideration the petition of Several of the Inhabitants of Wilmington preferred to the House this Day have ordered that Mr. Starkey do prepare and bring in a Bill to repeal an Act Intituled an Act to prevent the Exportation of raw hides—pieces of hides and Calf Skins out of this Government.

A petition of several of the Inhabitants of Granville County Complaining of the Hardships and Inconveniences they labour under by the present Situation of the Court House of the said County praying Relief &c. On which Mr. Barker moved for leave to bring in a Bill for removing the Court of Granville County.

Ordered he have leave and that he Prepare and bring in the same.

Resolved, That the Order of yesterday regarding the Committee of Ways and Means to raise the sum of Eight thousand pounds for granting an Aid to his Majesty &c be adjourned to Monday next.

-------------------- page 249 --------------------

On Motion made,

Ordered, That Mr. Heron and Mr. Blount do wait on his Excellency the Governor to know when this House shall attend him with the Address of this House to his Majesty.

His Excellency was pleased to return for answer he would receive them immediately.

The House immediately waited on His Excellency the Governor with their Address to his Majesty and desired he would be pleased to cause the same to be laid before his Majesty.

Mr. Speaker with the House returned and Mr. Speaker reported that the House has waited on his Excellency the Governor with their Address to the King and that his Excellency promised he would transmitt the said address to his Majesty by the first Opportunity.

Then the House Adjourned till Monday morning 10 o'Clock.


Monday the 23rd of December 1754. The House met according to adjournment.

Mr. Thomas Weeks one of the Members for Perquimons County appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his place in the House.

His Excellency the Governor sent a Message to this House in Writing as follows, to wit

Mr. Speaker and Gentlemen

The Draft of a Plan of a Union betwixt the several Colonies agreed upon by the Commissioners who met at the Congress at Albany the 19th June last having been by their Orders sent to the several Governors of each Province to be communicated to the Assemblies of each province for their Consideration Amendments or Approbation in Order to bring about so happy a Union and as his Majesty having Instructed me to promote a happy Union among the provinces for their General Union and Defence,

I therefore lay the Plan transmitted here before you for your Consideration that you may Concurr with them or alter and amend the plan and represent to his Majesty what you think may be of more Benefit to the Colonies in fixing a Proper Quota for our General Defence and to submit it to his Majesty to lay a proportional sum upon each Colony according to their Wealth and Number.


December 21st 1754
ARTHUR DOBBS.

Ordered The Consideration of the said plan be referred till tomorrow.

Mr. Lovick moved for leave to absent himself from the service of the House until Saturday next.

-------------------- page 250 --------------------

Ordered he have leave accordingly.

Then the House adjourned 'till 3 oClock in the Afternoon.

P. M. The House met according to adjournment.

The order of the Day being read that the House resolve into a Committee of the whole House to Consider of Ways and Means to raise the sum of Eight Thousand pounds for granting an Aid to his Majesty &c.

Resolved The House resolve into a Committee of the whole House to consider of Ways and Means to raise the sum of Eight thousand pounds for granting an Aid to his Majesty &c.

Resolved into a Committee of the whole House to Consider of Ways and Means &c. after some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman acquainted the Committee had come to the following Resolutions thereupon which they had directed him to Report to the House which he did and read the same in his Place and are as follows.

Resolved that the most Eligible means for raising the sum of Eight thousand pounds proc. money by stamping and emitting the said sum in publick Bills of Creditt to be sunk by a poll Tax as will be most easy to the people to which the House agreed after having been again read by the Clerk.

Mr. Jones moved that the Committee appointed to prepare and bring in a Bill for granting an Aid to his Majesty &c. may receive a Clause or Clauses to be added to the said Bill agreeable to the above Resolve.

Ordered The said Committee do receive a Clause or Clauses agreeable to the aforementioned Resolve.

Ordered That Mr. Thomas Whitmell be added to the Committee of Claims in the Room of Mr. Thomas Lovick who has obtained of the House [leave] to be absent till Saturday next and excused from that Service.

Then the House adjourned till to-morrow morning 10 oClock.


Tuesday the 24th December 1754. The House met according to adjournment.

The House adjourned till 3 oClock in the Afternoon.

P. M. The House met according to adjournment.

Mr. Barker acquainted this House that he was appointed one of the Committee of publick Accompts and that he is no Accomptant—Therefore moved that the House would Excuse him from that Service.

Resolved That he be excused from that Service for the above Reason and that Mr. Cornelius Harnett be appointed of the said Committee in his Room.

-------------------- page 251 --------------------

Mr. Jones acquainted the House that the Committee appointed to bring in a Bill for Establishing Supreme Courts of Justice, Oyer and Terminer and General Goal Delivery of North Carolina had prepared the same which he read in his place and Delivered the same in at the Table where the said Bill was again read by the Clerk and agreed to by the House.

Ordered the same pass and be sent to the Council.

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

His Excellency the Governor laid before this House Extracts of several of the Articles of his Instructions and a Letter from George Vaughan Esqr Dated at Lisbon the 24th of October 1754 for their Consideration.

Ordered The same lye on the Table for Consideration

The House having taken into Consideration the Plan of Union betwixt the several Colonies agreed upon by the Commissioners who met at the Congress at Albany the 19th of June last &c. According to the Order of yesterday have

Resolved That the Consideration of the said plan be referred to the next Session of Assembly and that in the mean time the printer print the same and Deliver a Copy thereof to each Member of the Assembly for their Mature Consideration thereof

[1 The plan of the Union was as follows, viz.:

“It is proposed that humble application be made for an act of parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies: [Massachusetts Bay, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina and South Carolina] within and under which government, each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows:

PRESIDENT GENERAL AND GRAND COUNCIL.

That the said general government be administered by a President General, to be appointed and supported by the crown, and a Grand Council, to be chosen by the representatives of the people of the several colonies, met in their respective assemblies.

ELECTION OF MEMBERS.

That within       months after the passing of such act, the Houses of Representatives that happen to be sitting within that time, or that shall be

-------------------- page 252 --------------------
especially for that purpose convened, may and shall choose members for the Grand Council in the following proportion, that is to say:

Massachusetts Bay,
7
New Hampshire,
2
Connecticut,
5
Rhode Island,
2
New York,
4
New Jersey,
3
Pennsylvania,
6
Maryland,
4
Virginia,
7
North Carolina,
4
South Carolina,
4
48

PLACE OF FIRST MEETING.

Who shall meet for the first time at the city of Philadelphia, in Pennsylvania, being called by the President General as soon as conveniently may be after his appointment.

NEW ELECTION.

That there shall be a new election of the members of the Grand Council every three years; and on the death or resignation of any member, his place shall be supplied by a new choice, at the next sitting of the Assembly of the colony he represented.

PROPORTION OF THE MEMBERS AFTER THE FIRST THREE YEARS.

That after the first three years, when the proportion of money arising out of each colony to the general treasury can be known, the number of members to be chosen for each colony shall, from time to time, in all ensuing elections, be regulated by that proportion (yet so as that the number to be chosen by any one province be not more than seven, nor less than two.)

MEETINGS OF THE GRAND COUNCIL AND CALL.

That the Grand Council shall meet once in every year, and oftener, if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at, by the President General, on any emergency; he having first obtained in writing the consent of seven of the members to such call, and sent due and timely notice to the whole.

CONTINUANCE.

That the Grand Council have power to choose their Speaker: and shall neither be dissolved, prorogued, nor continued sitting longer than

-------------------- page 253 --------------------
six weeks at one time; without their own consent, or the special command of the crown.

MEMBERS' ATTENDENCE.

That the members of the Grand Council shall be allowed for their services, ten shillings sterling per diem, during their session and journey to and from the place of meeting; twenty miles to be reckoned a day's journey.

ASSENT OF PRESIDENT GENERAL AND HIS DUTY.

That the assent of the President General be requisite to all acts of the Grand Council; and that it be his office and duty to cause them to be carried into execution.

POWER OF PRESIDENT GENERAL AND GRAND COUNCIL—TREATIES OF PEACE AND WAR.

That the President General, with the advice of the Grand Council, hold or direct all Indian treaties in which the general interest of the colonies may be concerned; and make peace or declare war with Indian nations.

INDIAN TRADE.

That they make such laws as they judge necessary for regulating all Indian trade.

INDIAN PURCHASES.

That they make all purchases from the Indians for the Crown, of lands not now within the bounds of particular colonies, or that shall not be within their bounds, when some of them are reduced to more convenient dimensions.

NEW SETTLEMENTS.

That they make new settlements on such purchases by granting lands in the King's name, reserving a quit-rent to the crown, for the use of the general treasury.

LAWS TO GOVERN THEM.

That they make laws for regulating and governing such new settlements, till the crown shall think fit to form them into particular governments.

RAISE SOLDIERS, AND EQUIP VESSELS, &c.

That they raise and pay soldiers, build forts for the defence of any of the colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but they shall not impress men in any colony, without the consent of the Legislature.

POWER TO MAKE LAWS, LAY DUTIES, &c.

That for these purposes they have power to make laws, and lay and levy such general duties, imposts, or taxes, as to them shall appear most

-------------------- page 254 --------------------
equal and just (considering the ability and other circumstances of the inhabitants in the several colonies) and such as may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burdens.

GENERAL TREASURER AND PARTICULAR TREASURER.

As they may appoint a general Treasurer and particular Treasurer in each government, when necessary; and from time to time may order the sums in the treasuries of each government into the general treasury, or draw on them for special payments, as they find most convenient.

MONEY, HOW TO ISSUE.

Yet no money to issue, but by joint orders of the President General and Grand Council, except where sums have been appropriated to particular purposes, and the President General has been previously empowered by an act to draw for such sums.

ACCOUNTS.

That the general accounts shall be yearly settled, and reported to the several assemblies.

QUORUM.

That a quorum of the Grand Council, empowered to act with the President General, do consist of twenty-five members; among whom there shall be one or more from the majority of the colonies.

LAWS TO BE TRANSMITTED.

That the laws made by them for the purposes aforesaid, shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council, for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.

DEATH OF THE PRESIDENT GENERAL.

That in case of the death of the President General, the Speaker of the Grand Council for the time being shall succeed, and be vested with the same powers and authorities, to continue till the King's pleasure be known.

OFFICERS, HOW APPOINTED.

That all military commission officers, whether for land or sea service, to act under this general constitution, shall be nominated by the President General; but the approbation of the Grand Council is to be obtained, before they receive their commissions. And all civil officers are to be nominated by the Grand Council, and to receive the President General's approbation before they officiate.

-------------------- page 255 --------------------

VACANCIES, HOW SUPPLIED.

But in case of vacancy, by death, or removal of any officer, civil or military, under this constitution, the Governor of the province in which such vacancy happens, may appoint till the pleasure of the President General and Grand Council can be known.

EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &c.

That the particular military as well as civil establishments in each colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any colony may defend itself, and lay the accounts of expense thence arising before the President General and Grand Council, who may allow and order payment of the same as far as they judge such accounts reasonable]

Then the House Adjourned till Thursday the 26th Instant 3 oClock in the Afternoon.

Thursday the 26th December 1754. P. M. The House mett according to Adjournment.

Mr. Harnett laid before the House the petition of several of the Officers belonging to several Companies raised in this Province for the Assistance of Colony of Virginia,

Praying to be allowed the expences they were at in Recruiting &c which he read in his Place and the same was again read by the Clerk, viz.:[2

To the Honble Speaker and the Worshipfull Members of the House of Burgesses, now Sitting at New Bern:

The humble Petition of your Subscribers Sheweth:

That whereas your Petitioners have Been at considerable Expences Recruiting their Respective Companies Lately Raised on his Majesty's Service on the Expedition In Virginia, as also at great expences while there and Returning home, And Whereas His Excellency the Govr and Colonel James Innes (by his letter) have left it to The Consideration of your House what sum should be allowed for said Expences We humbly Pray you'll be Pleas'd to take the same Into your Consideration and Grant us such Relief as you in your Wisdom shall see Meet. And your Petitioners Will ever Pray—

CALEB GRAINGER,
HU. WADDELL,
EDWd VAIL,
THOS. McMANUS,
ALEXr WOODROW,
MOSES JNo DE ROSSET.]
-------------------- page 256 --------------------

Resolved, the same be referred to the Committee of Claims.

Mr. Jones acquainted this House that the Committee appointed to prepare and bring in a Bill for Establishing County Courts for Enlarging their Jurisdiction and settling the proceedings therein had prepared the same which he read in his place and Delivered the same in at the Table where it was again read by the Clerk and ordered that the same pass and be sent to the Councill

Sent the above Bill to the Councill by Mr. Caswell and Mr. Cade.

Mr. Barker acquainted this House that the Committee appointed to prepare and bring in a Bill for appointing parishes and Vestries for the Encouragement of an Orthodox Clergy for the Advancement of the Protestant Religion and for the Direction of the Settlement of parish Accompts had prepared the same which he read in his place and delivered the same in at the Table where it was again read.

Ordered the same pass and be sent to the Councill

Sent the same to the Councill by Mr. Spier and Mr. Bell.

Then the House adjourned 'till tomorrow morning 10 oClock.


Friday the 27th of December 1754. The House met according to Adjournment

The Clerk of the Crown laid before this House a Certificate of the return of a Writt for electing a Member for the Town of New Bern to serve in this present Assembly by which Return it appears that Mr. Solomon Rew is duly elected a Member for the said Town.

Pursuant to which the said Solomon Rew appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his seat in the House.

Mr. Harnett brought in a Bill pursuant to Order to repeal an Act intituled an Act to prevent the Exportation of Raw Hides, pieces of Hides and Calf Skins out of this Government which he read in his place and Delivered the same in at the Table where the same was again read and ordered to be sent to the Councill

Sent the above Bill to the Councill by Mr. Harnett and Mr. Ashe.

Mr. Barker acquainted the House that the Committee appointed to prepare and bring in a Bill to appoint an Agent to represent and sollicit the Affairs of this province at the several Boards in England had prepared the same which he read in his place and Delivered in at the Table where it was again read by the Clerk, and

Ordered to be sent to the Councill

-------------------- page 257 --------------------

Sent the above Bill to the Councill by Mr. Saml Swann Junr and Mr. Relfe.

Received from the Councill the Bill for Establishing County Courts for Enlarging their Jurisdiction and settling the proceeding therein.

And the Bill for appointing parishes and Vestries for the Encouragement of the Orthodox Clergy for the Advancement of the protestant Religion &c. Endorsed the 26th December 1754 In the Upper House read the first time and passed.

Ordered the Bill for Establishing County Courts &c be read in the Afternoon a second time.

Ordered that the Bill for appointing parishes and Vestries for the Encouragement of an Orthodox Clergy for the advancement of the protestant Religion &c. be read a second time.

Read the same a second time and several Amendments were proposed thereto.

Mr. Swann moved that the House resolve into a Committee of the Whole House to consider of the said Amendments in the said Bill proposed.

The House resolved into a Committee of the whole House to consider of the Amendments in the said Bill proposed and chose Mr. Wyriott Ormond Chairman who was placed in the Chair accordingly.

After some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had fully Considered of the Amendments proposed and had agreed to several which he offered to the House

Resolved the House receive them tomorrow morning.

Received from the Councill the following Bills (Vizt) The Bill for Establishing the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery of North Carolina.

The Bill to appoint an Agent to represent and sollicit the Affairs of this province at the several Boards in England.

The Bill to repeal an Act entitled an Act to prevent the Exportation of Raw Hides &c. Endorsed the 27th December 1754. In the Upper House read the first time and passed

Then the House adjourned till tomorrow morning 9 oClock.


Saturday 28th December 1754. The House met according to Adjournment.

Pursuant to Order Mr. Ashe brought in a Bill for appointing the several Ferrys therein mentioned and for obliging the Commissioners of the several Districts to make Roads to the same which he read in his

-------------------- page 258 --------------------
Place and was again read by the Clerk and ordered the same pass and be sent to the Council.

Sent the above Bill to the Council by Mr. Ashe and Mr. Houston.

Mr. Hutchins moved for leave to bring in a Bill to repeal an Act intituled an act for destroying Vermin in this Province.

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

Mr. Barker acquainted this House that the Committee appointed to bring in a Bill for granting an Aid to his Majesty for the Defence of the Frontier of this province and other Purposes had prepared the same which he read in his place and was again read by the Clerk and ordered the same pass and be sent to the Council.

Sent the above Bill to the Councill by Mr. Harnett and Mr. Blount

Mr. Ormond reported that the Committee of the Whole House to Consider of the several amendments proposed to the Bill for appointing parishes and Vestries &c Agreeable to the Order of yesterday had agreed to several Amendments to the said Bill which he read in his place and afterwards delivered them in at the Table when they were again read by the Clerk and agreed to by the House and Inserted in the Bill.

Ordered the said Bill with the said Amendments be sent to the Councill

Sent the Bill to the Councill with the said Amendments by Mr. Williams and Mr. Hutchins.

Mr. Barker pursuant to the Order of the 21st Instant brought in a Bill for removing the Court of Granville County and for other purposes which he read in his place and was again read by the Clerk.

Ordered the said Bill pass and be sent to the Councill.

Sent the same to the Councill by Mr. Cade and Mr. Bell.

Ordered the following Bills be read a second time (to wit) the Bill for Establishing the Supreme Courts of Justice &c, and the Bill for Establishing the County Courts &c.

The above said two Bills were accordingly read and several amendments proposed

Then Mr. Swann moved that the House this Afternoon resolve into a Committee of the whole House to take into Consideration the said Bills and Amendments.

Resolved the House resolve into a Committee of the whole House in the afternoon to Consider of the said Bills and Amendments.

Then the House adjourned till 3 o'Clock Afternoon.

P. M. The House met according to adjournment.

The House agreeable to the resolve of this Morning Resolved into a Committee of the whole House to Consider of the Bill for Establishing the Supreme Courts of Justice &c And also the Bill for Establishing the

-------------------- page 259 --------------------
County Courts and the Amendments thereto proposed and unanimously Chose Mr. Ormond Chairman who was placed in the Chair Accordingly. After some time spent therein Mr. Speaker resumed the Chair. Mr. Ormond reported that the Committee of the whole House to Consider of the Bill for Establishing the Supreme Courts of Justice &c. and the Bill for establishing the County Courts &c with the several Amendments proposed had the said Bills read and had considered thereof and proposed several Amendments which he was directed to report to the House.

Resolved the House receive the same on Monday next.

Then the House adjourn till Monday Morning 10 o'Clock.


Monday the 30th December 1754. The House met according to Adjournment.

On motion ordered the Bill for appointing the several Ferrys therein mentioned and for obliging the Commissioners of the several Districts to make Roads to the same be read a second time. Read the said Bill a second time and several Amendments were made thereto.

Ordered the said Bill pass with the said Amendments and be sent to the Councill.

Sent the above Bill with the Amendments to the Council by Mr. Ashe and Mr. Caswell.

Agreeable to the Order of Saturday last that the House would receive the Report of the Committee on the Bill for the Establishing of Supreme Courts of Justice &c. And the Bill for Establishing the County Courts &c. Mr. Ormond reported the Amendment to the said two Bills by the Committee proposed, which he read in his place and afterwards Delivered the same with the said two Bills in at the Table where they were again read by the Clerk and agreed to by the House and Resolved that Mr. Jones, Mr. Barker and Mr. Swann wait on the Governor and lett his Excellency know that this House having under Consideration a Bill for Establishing the Supreme Courts of Justice Oyer and Terminer and General Goal delivery of North Carolina proposing the furtherance of Justice and making the Administration thereof more Speedy and Expeditious as well as less Expensive than heretofore hath been do desire his Excellency to Appoint and Ascertain proper Places for Erecting the said Courts at to the End that the Assembly may proceed to perfect and pass the said Bill.

Mr. Jones, Mr. Barker and Mr. Swann waited on his Excellency the Governor with the above Resolve who returned for Answer that he thought proper to appoint Newbern the place for holding the Supreme Court for the Counties of Craven, Carterett, Johnson, Beaufort, and

-------------------- page 260 --------------------
Hide. And Edenton for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Bertie and Tyrell. Endfield for the Counties of Northampton, Edgcomb and Granville. Salisbury for the Counties of Rowan, Orange and Anson. And Wilmington for the Counties of New Hanover, Bladen, Onslow Dupling and Cumberland.

Mr. Jones moved that the House would insert in the said Bill the above places for holding the several Supreme Courts of Justice in this province on which the question was put and carried in the affirmative.

Resolved the same be Inserted in the said Bill which was accordingly done and ordered That the said Bill with the said places inserted be sent to the Councill together with the Bill for Establishing County Courts &c for enlarging their Jurisdictions &c And the Amendments thereto.

Sent the said Two Bills with the amendments thereto to the Councill by Mr. Swann Junr and Mr. Raw.

On motion Ordered that the Bill to appoint an Agent to represent and sollicit the Affairs of this province at the several Boards in England be read a second time. Read the said Bill a second time.

Ordered the same pass and be sent to the Councill with the said Amendments.

Sent the said Bill to the Councill by Mr. Swann and Mr. Bell.

Then the House adjourned till 3 oClook Afternoon.

P. M. The House met according to adjournment.

Received from the Councill the Bill for granting an Aid to his Majesty for the Defence of the Frontier of this Province and other purposes. Endorsed the 30th of December 1754 In the upper House read the first time and passed with amendments.

On motion Ordered that the above Bill be read a second time—read the said Bill a second time

Then Mr. Barker moved that the House resolve into a Committee of the whole House tomorrow to take the said Bill into Consideration.

Resolved the House resolve into a Committee of the whole House tomorrow to take the said Bill into Consideration.

Mr. Jones moved for leave to bring in a Bill to restrain the Exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majestys Customs.

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

On motion Ordered that the Bill for removing the Court of Graville County and for other Purposes be read the second time, the same was accordingly read a second time.

Then the Motion was made and the Question put whether the said Bill pass or not and was carried by a Majority in the Negative.

-------------------- page 261 --------------------

Resolved the said Bill do not pass.

Then the House adjourned till tomorrow morning 9 oClock.

Tuesday the 31st of December 1754. The House met according to adjournment.

Agreeable to the Order of Yesterday that the House resolve into a Committee of the whole House to take into Consideration the Bill for granting an Aid to his Majesty &c The House Resolved into a Committee of the whole House and chose Mr. Barker Chairman—After some time spent therein several Amendments were proposed which Mr. Chairman was directed to report to the House.

Mr. Speaker resumed the Chair

Mr. Barker acquainted this House that the Committee had gone through the Bill paragraph by paragraph and proposed several Amendments thereto which he Offered to the House.

Resolved the House receive the said Bill with the proposed Amendment tomorrow.

Received from the Councill the following Bills (Vizt)

The Bill for Establishing the Supreme Courts of Justice Oyer and Terminer, &c.

The Bill for Establishing County Courts for enlarging their Jurisdiction &c.

Endorsed 31st December 1754. In the upper House read the second time and passed with Amendments.

The Bill for appointing Parishes and Vestries &c. Endorsed 30th December 1754. In the upper House read the second time and passed with Amendments.

On Motion ordered that the Bill for appointing Parishes and Vestries &c be read a third time The same was accordingly read a third time and after several Amendments made thereto

Ordered the same pass and be sent to the Councill with the said Amendments together with the following Message

Gentlemen of his Majestys Honble Councill—

On reading the Bill for appointing parishes and Vestrys &c We find several Amendments made by your House thereto—We agree to the following (to wit) the Enacting the style of The Certificate to be produced by the Minister to be presented to any Parish and the Method of Recovery of the five pounds for the Sheriff not summoning the Vestrymen. The other Amendments we cannot agree to and do Insist on our Amendments.

-------------------- page 262 --------------------

On motion Ordered the Bill to repeal an Act to prevent the Exportation of Raw Hides pieces of Hides &c. be read a second time

Read the said Bill a second time and passed and ordered to be sent to the Councill.

Sent the above Bill to the Councill by Mr. Caswell and Mr. Rew

Mr. Jones moved that the House would Excuse him from his Service on the Committee of publick Accompts he being appointed on several Committees to prepare sundry Bills therefore cannot attend the Committee of Accompts.

Ordered he be excused and that Mr. Heron be appointed in his stead and Mr. Heron is accordingly appointed.

Then the House adjourned till tomorrow Morning 9 oClock.

[For Lower House Journals of succeeding days of the session, see A. D. 1755.—Editor.]


———

1 Minot's continuation of the History of Massachusetts Bay, Vol. 1, p. 191.

2 MSS. Records in office of Secretary of State.



Additional Notes for Electronic Version: This document was enclosed with a letter from Arthur Dobbs - See Related Documents.