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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
January 01, 1755 - January 15, 1755
Volume 05, Pages 281-312

[Lower House of Assembly continued from page 262.]


Wednesday the 1st January 1755 The House met according to adjournment.

Mr Jones according to order brought in a Bill to restrain the Exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majestys Customs which he read in his place and the same was again read by the clerk and ordered the same pass and be sent to the Councill

Sent the said Bill to the Councill by Mr. Blount and Mr. Vail

Mr. Barker from the Committee for taking into Consideration the Bill for granting an Aid to his Majesty &c. Agreeable to the Order of yesterday Reported the several amendments proposed by the Committee to the said Bill which he read in his place and was again read by the Clerk to which said amendments the House agreed and that the Bill pass therewith and be sent to the Councill.

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Sent the said Bill to the Councill by Mr. Blount and Mr. Vail.

Mr. Barker according to Order brought 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 which he read in his place and was again read by the Clerk and ordered the said Bill pass and be sent to the Councill.

Sent the same to the Councill by Mr. Blount and Mr. Fonville.

Mr. Hutchins according to Order brought in a Bill to repeal an Act Intituled an Act for destroying Vermin in this province which he read in his place and was again read by the Clerk And ordered the said Bill pass and be sent to the Councill

Sent the same to the Council by Mr. Hutchings and Mr. Hamer.

Received from the Councill the Bill for appointing Parishes and Vestries &c. Endorsed 1st January 1755. In the upper House read the third time and passed

Ordered to be engrossed.

On motion Ordered that the Bill to repeal an Act Intituled an Act to prevent the Exportation of Raw Hides pieces of Hides &c. be read a third time, the same was accordingly read a third time and passed and ordered to be sent to the Councill.

Sent the same to the Councill by Mr. Ashe and Mr. Blount.

On motion ordered that the Bill for establishing the Supreme Courts of Justice &c, be read a third time, the same was accordingly read a third time and Amended and passed and ordered to be sent to the Council with the said Amendments.

Sent the said Bill to the Councill with said Amendments by Mr. Brown and Mr. Shergold

On motion ordered that the Bill for Establishing County Courts &c be read a third time

The same was accordingly read the third time amended and passed and Ordered to be sent to the Councill with the said Amendments

Sent the said Bill to the Councill by Mr. Harvey junr and Mr. Swann junr.

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


Thursday the 2nd January 1755. The House met according to Adjournment

Received from the Council the Bill to repeal the Vermin Act. Endorsed January 1st 1755. In the Upper House read the first time and passed.

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Mr. James Conner one of the Members for Tyrrell County appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his Seat in the House

Received from the Council the Bill for Establishing the Supreme Courts of Justice &c Endorsed the 2d of January 1755 In the upper House read the third time and passed Ordered to be Engrossed.

And the Bill to restrain the Exportation of bad and unmerchantable Tobacco &c Endorsed the 1st January 1755 In the Upper House read the second time and passed with amendments

The Bill for securing the payment of Quit Rents due to his Majesty and Earl Granville &c Endorsed the 1st January 1755 In the Upper House read the second time and passed with amendments

On motion ordered that the Bill for appointing the several Ferrys therein mentioned &c. be read a third time which was accordingly done and several Amendments added thereto,

Ordered the said Bill pass with the said Amendments and be sent to the Council

Sent the said Bill to the Council with the said Amendments by Mr. Harnett and Mr. Bartram.

On motion ordered that the Bill to repeal the Vermin Act be read a second time.

Read the said Bill a second time and then several amendments were proposed thereto On which the motion was made that the House resolve into a Committee of the whole House to Consider of the said Bill and amendments.

Resolved that the House resolve into a Committee of the whole House agreeable to the above motion.

The House resolved into a Committee of the whole House to Consider of the said Bill and Amendments proposed—After some time spent therein Mr. Speaker resumed the Chair—And Mr. Chairman reported that the Committee had had under their Consideration the Bill to repeal the Vermin Act and also the several Amendments thereto proposed and had resolved that the said Amendments be inserted in the said Bill on which the Motion was made and the Question was put whether the said Amendments proposed in the said Bill be Inserted or not which passed in the Negative—Then the Motion was made and the Question was put whether that the said Bill be rejected or not which passed by a Majority in the Affirmative. And the said Bill was accordingly rejected.

A Memorial of the Merchants and planters of this province to the right Honble the Lords Commissioners of Trade and plantations representing a state of the Trade and Commerce of this Country was presented

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to this House for Approbation which being read and maturely Considered,

Resolved that a Message be sent to his Excellency the Governor to acquaint him of the same and that this House is unanimously of Opinion that the said Memorial contains a true and Genuine State of the several Matters thereby represented and that Redress in the several particulars prayed thereby will be greatly to the Interest and Advantage of the Crown and the Merchants of Great Britain and be an Effectual means of making this a populous and flourishing Colony and would therefore beg leave to recommend it to his Excellencys Care and entreat that he would be pleased to transmit the same for their Lordships Consideration

On Motion Ordered that Mr. Swann Mr. Jones and Mr. Barker wait on his Excellency the Governor with the said Message and Resolve.

On Motion Ordered that the Bill for securing the payment of Quit Rent due to his Majesty and Earl Granville &c be read the second time the same was accordingly and several Amendments made thereto which with the said Amendments passed and is Ordered to be sent to the Council

Sent the said Bill to the Council with the said Amendments by Mr. Ashe and Mr. Conner

On Motion Ordered that the Bill to restrain the Exportation of bad and unmerchantable Tobacco &c be read a second time, the same was read a second time and on Motion ordered that the said Bill be committed to Mr. Jones, Mr. Kinchin, Mr. Wynns, Mr. Sumner, Mr. Washington, Mr. Harvey, Mr. Surry, Mr. Harris, Mr. Barker and Mr. Relf.

Then the House adjourned 'till tomorrow 10 oClock.


Friday the 3rd of January 1755 The House mett according to Adjournment.

Mr. Hariss moved for leave to bring in a Bill to prevent Malicious Mayheming and wounding.

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

Mr. Harris brought in the above mentioned Bill which he read [in] his place and was again read by the Clerk and ordered the same to be sent to the Councill.

Mr. Ashe moved for leave to bring in a Bill for the better regulating the Militia

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

Mr. Ashe brought in the above mentioned Bill which he read in his place and the same was again read by the Clerk.

Ordered the same pass and be sent to the Councill.

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Sent the above Two Bills to the Councill by Mr. Ashe and Mr. Conner

Mr. Barker moved for leave to bring in a Bill to provide Indifferent Jurymen in all Causes Criminal and Civill and for an Allowance for the Attendance of Jurors attending the Supreme Court of Justice.

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

Mr. Barker brought in the above mentioned Bill which he read in his place and the same was again read by the Clerk And Ordered the said Bill pass and be sent to the Councill.

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

Received from the Council the Bill for Establishing County Courts &c and the Bill to repeal the Act to prevent the Exportation of Raw Hides &c Endorsed the 2nd January 1755 In the upper House read the third time and passed. Ordered to be engrossed.

Received a written Message from the Council as follows

Mr. Speaker and Gentlemen of the Assembly,

On reading the Bill for appointing the several Ferrys therein mentioned and for obliging the Commissioners of the several Districts to make Roads to the same We find in your last Amendment you have left the direction of working on the said Roads and the granting of Certificates to the people working thereon to the Commissioners of the District or any two of them. We therefore propose that instead thereof should be Inserted the Commissioners of the District or the Majority of them if you approve thereof please to send two of your Members to see such Alterations made.

To which the House Concurred and Ordered that Mr. Ashe and Mr. Harnett go to the Council and see the said Alteration made.

Mr. Ashe and Mr. Harnett according to Order went to the Council to see the said alteration made.

Mr. Ashe and Mr. Harnett returned and acquainted the House that they had according to the Order of this House been with the Council and saw them Insert the above Alteration in the said Bill.

Received from the Council the Bill for appointing Ferrys &c Endorsed the 3rd January 1755 In the Upper House read a third time and passed.

Ordered to be Engrossed

The House adjourned till 3 o'Clock Afternoon.

P. M. The House met according to adjournment.

Mr. Spier moved for leave to bring in a Bill for asscertaining a proper place for Building a Court House prison and Stocks for the County of Beaufort.

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

Mr. Bell according to Order brought in a Bill to amend an Additional Act Intituled an Act concerning Roads and Ferrys which he read in his place and was again read by the Clerk and passed Ordered the same be sent to the Council

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

Mr. Jones reported that the Committee to whom the Bill to restrain the Exportation of bad and nnmerchantable Tobacco &c was Committed had made several Amendments thereto which he read in his place and were again read by the Clerk and agreed to by the House. Ordered the said Bill with the said Amendments be sent to the Council.

Sent the same to the Council with the said Amendments by Mr. Harris and Mr. Hamer.

Received from the Council the Bill to prevent Malicious Mayheming and wounding

The Bill for the better regulating the Militia.

And the Bill to provide Indiferent Jurymen in all Causes Criminal and Civil &c

Endorsed January 3rd 1755. In the Upper House read the first time and passed

Mr. Joseph Blount moved for leave to absent himself from the Service of the said House

Ordered he have leave accordingly.

Then the House adjourned till tomorrow morning 10 o'Clock.


Saturday the 4th January 1755. 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 the said Province. Endorsed the 3rd of January 1755 In the Upper House read the second time and passed with amendments

On Motion Ordered that the Bill for granting an Aid to his Majesty &c be read the third time the same was accordingly read a third time with the Amendments made by the Council. The Motion was made and the Question was put whether the House agree to the Amendments Inserted in the said Bill by the Council or not which passed Nem Con in the Negative.

On Motion Ordered Una Voce that the said Bill with the amendments made before and now by this House pass and be sent to the Council with the said Amendments.

Sent the said Bill to the Council with the said Amendments by Mr. Vail and Mr. Ashe

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Resolved Nem Con that the Councill in taking upon them to make several material Alterations to the said Bill whereby the manner of raising as well as Application of the Aid thereby Granted to his Majesty is directed in a different Manner than by that said Bill proposed have acted contrary to Custom and Usage of Parliament and that the same tends to Infringe the Right and Liberties of the Assembly who have always enjoyed uninterrupted the Priviledge of Framing and modelling all Bills by Virtue of which Money has been Levied on the Subject for an Aid for his Majesty so as to render the same most Effectually Conducive to the Interest of the Crown.

Mr. Jones presented to the House a Bill for Inspecting Beef Pork, Rice, Indigo, Tarr, Pitch, Turpentine and Lumber which he read in his place and was again read by the Clerk and ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Carter and Mr. Sumner.

On motion ordered the Bill to prevent Malicious Mayheming and wounding be read the second time. The same was accordingly read a second time passed and ordered to be sent to the Councill

Sent the same to the Council by Mr. Cade and Mr. Payne.

Received from the Council the Bill to restrain the Exportation of Bad and unmerchantable Tobacco Endorsed 4th January 1755. In the Upper House read the second time and passed with Amendments.

On motion Ordered that the Bill for the better regulating the Militia be read a second time. The same was accordingly read a second time and passed with Amendments and ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Caswell and Mr. Hamer.

On Motion made the Bill to restrain the Exportation of bad and Unmerchantable Tobacco &c was read a third time passed and ordered to be sent to the Council.

Sent the above mentioned Bill to the Council by Mr. Caswell and Mr. Hamer.

Then the House adjourned till 3 oClock in the Afternoon.

P. M. The House mett according to adjournment.

On Motion made, The Bill to provide Indifferent Jurymen &c was read a second time and ordered to be committed to a Committee of the Whole House.

On Motion made, Resolved that the House Resolve into a Committee of the Whole House on Monday morning to take under Consideration the said Bill

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Received from the Council the Bill to prevent malicious mayheming and wounding Endorsed 4th January 1755 In the Upper House read the second time and passed

The Bill for Inspecting Beef, Pork Rice Indigo &c. Endorsed the 4th January 1755 In the Upper House read the first time and passed.

Mr. Spier according to Order brought in a Bill for asscertaining a proper place for building thereat a Court House, prison and Stocks &c. for the County of Beaufort which he read in his place and was again read by the Clerk passed and ordered to be sent to the Councill.

Sent the said Bill to the Council by Mr. Hardy and Mr. Spier.

Received from the Council a written Message as follows.

Mr. Speaker and Gentlemen of the Assembly

On reading the third time the Bill for granting an Aid to his Majesty &c we find we cannot agree to pass the Bill in the manner you sent it to us therefore we propose the following Amendments Vizt That the Eight thousand pounds be made up out of the six thousand pounds for the founding and endowing a publick School And two Thousand pounds out of the moneys appropriated for Building a Fort at or near Ocacock called Fort Granville not hitherto applied—That the Governor may have the Disposal of the said eight thousand pounds as may be most Effectual for his Majestys Service—agreeable to the Intent of the said Bill if you agree to the said Admendments send two of your members to see the Bill altered accordingly

Saturday 4th January 1755.

Then the House adjourned till Monday morning 10 oClock.


Monday the 6th January 1755 The House met according to adjournment.

Mr. Swann presented to the House a Bill for granting to his Majesty a Duty upon the Tonage of Ships and other Vessells coming into this province and for other purposes therein mentioned which was read and passed and ordered to be sent to the Councill.

Sent the same to the Council by Mr. Hardy and Mr. Spier.

Mr. Barker presented to the House a Bill for raising a Fund for paying the Salaries of the Chief Justice and Attorney General and for other purposes which was read and passed and ordered to be sent to the Council.

Sent the said Bill to the Councill by Mr. Isaac Jones and Mr. Shergold.

On reading the Message from the Council of the 4th Instant Resolved the following Message be sent to the Council (Vizt).

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Gentlemen of his Majestys Honble Council,

By your Message of the 4th Instant we observe that you proposed Amendments to the Bill for granting an Aid to his Majesty &c (Vizt) that the eight thousand pounds to be made up out of the six thousand pounds for the founding and endowing a public School—and two thousand pounds out of the money appropriated for Building a Fort at or near Ocacock called Fort Granville not yet applied, And that the Governor have the Disposal of the Eight Thousand pounds in the most Effectual manner for his Majesty's Service according to the direction of the said Bill upon consideration of which the House have resolved that they do consent to the first Amendment by you proposed and disagree to the second That they cannot recede from their Amendment made to the said Bill whereby a Discretionary Power is given to the Governor either to raise Recruits with the five thousand pounds in the Bill mentioned for that purpose to be sent to Ohio or remitt the same in provisions for accom̄odating his Majestys Troops already Ordered to serve there as shall seem most Convenient for his Majestys Service

By Order
JNo CAMPBELL Speaker
Wm Heritage Clk

Sent the above message by Mr. Heron and Mr. Harvey.

On Motion Ordered that the Bill for Inspecting Beef, Pork, Rice, Indigo &c. be read a second time.

Read the said Bill a second time and on Motion Resolved the House resolve into a Committee of the whole House to take into Consideration the said Bill.

The Order of the Day being read the House resolved into a Committee of the whole House to take into Consideration the Bill to provide Indifferent Jurymen in all Causes Criminal and Civil &c. and also to take into Consideration the Bill for Inspecting Beef, pork, &c. and Chose Mr. Barker Chairman who was placed in the Chair accordingly after some time spent therein Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee had taken the said Bills under Consideration and had made several Amendments thereto which he presented to the House and read the same in his place and afterwards delivered the said Bills with the said Amendments in at the Table where they were again read and agreed to by the House.

Ordered the said Amendments be Inserted in the said Bill and therewith sent to the Council.

Received from the Council the Bill for ascertaining a proper Place for Building thereat a Court House &c. for the County of Beaufort, And

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the Bill for raising a Fund for paying the Salaries of the Chief Justice and Attorney General and for other purposes. Endorsed the 6th January 1755. In the Upper House read the first time and passed

The Bill for granting to his Majesty a Duty upon the Tonage of Ships and other Vessells coming into this province And also the Bill for securing the payment of Quit Rents due to his Majesty and Earl Granville &c. Endorsed the 6th January 1755. In the Upper House read the second time and passed with amendments.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment.

On motion Ordered that the Bill to prevent malicious mayheming and wounding be read a third time. The same was accordingly read a third time and passed and Ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Heron and Mr. Harnett.

Received from the Council a Written Message as follows.

Mr. Speaker and Gentlemen of the Assembly,

We agree to the Amendments proposed by your Message by Mr. Heron and Mr. Harvey and desire you to send two of your Members to see the same Inserted in the Bill for granting an Aid to his Majesty


Dated 6th January 1755.

Ordered that Mr. Heron and Mr. Harvey wait on the Council to see the Amendments Inserted in the Bill for granting an Aid to his Majesty &c who accordingly went and being returned acquainted the House that the Council had Inserted the said Amendment in the said Bill.

According to Order sent the two Bills which were Committed this Day to a Committee of the whole House with the Amendments by Mr. Relf and Mr. Houston

Received from the Councill the Bill to prevent Malicious Mayheming and wounding And the Bill for granting an Aid to his Majesty Endorsed 6th January 1755 In the Upper House read the third time and passed

Ordered to be engrossed.

On motion ordered that the Bill for better regulating the Militia of this province be read a third time

Read the said Bill a third time amended and passed.

Ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Ashe and Mr. Harnett.

Received from the Council the Bill to restrain the Exportation of bad and unmerchantable Tobacco Endorsed 6th January 1755 In the Upper House read the third time and passed

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Ordered to be engrossed.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday the 7th of January 1755. The House met according to Adjournment

Mr. Rew presented to the House a Bill to confirm an Agreement made by the present Church Wardens and Vestry of Christ Church parish in Craven County with the Reverend James Read which was read and passed.

Ordered the same be sent to the Councill.

Sent the same to the Councill by Mr. Rew and Mr. Fonville

Mr. Sutton moved for leave to bring in a bill to Establish a publick Ferry from Newby's point to Phelp's Point whereon the Court House now stands on Pequimons River.

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

On motion ordered that the Bill for securing the payment of the Quit Rent, due to his Majesty and Earl Granville &c be read a third time

Read the same a third time amended and passed.

Ordered the said Bill be sent to the Council

Sent the same to the Council by Mr. Rew and Mr. Fonville.

Mr. Jones presented to the House a Bill to facilitate the raising Recruits to serve his Majesty on the Intended Expedition against the French on the Ohio and guarding the Frontier of this province which was read and passed and ordered the same be sent to the Council.

Sent the said Bill to the Council by Mr. Vail and Mr. Heron.

Mr. Jones presented to the House a Bill to Appoint Commissioners to revise the Laws which was read and passed and Ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Vail and Mr. Heron.

Received from the Council a Written Message as follows

Mr. Speaker and Gentlemen of the Assembly,

We find on a third reading of the Militia Bill a Clause Inserted by you for exempting the people called Quakers from appearing at any Muster provided with Arms Ammunition and Accoutrements, That these people may be of some Service and deserve the Indulgence given them We propose that they shall be obliged to appear at every Muster as other persons with a good Ax, Spade, Shovel or Hoe to which Amendment we desire your Concurrence and that you'll be pleased to send two of your Members to see the same Inserted


7th January 1755
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Which was read and resolved the following Message be sent to the Council by Mr. Harvey and Mr. Relf, (Vizt)

Gentlemen of His Majestys Honble Council,

The House taking into Consideration your Message of this Day regarding the Amendment proposed by yours to the Bill for regulating the Militia have Resolved that they cannot agree to the Amendments proposed by your House nor Recede from their own.

Then the House adjourned 'till 3 oClock Afternoon.

P. M. The House met according to adjournment.

Mr. Harvey acquainted the House that Mr. Sinclaire one of the Members for Hyde County is dead—Therefore moved that the House would Address his Excellency the Governor to direct the Clerk of the Crown to Issue a Writ for Electing a Member for the said County in the Room of the said Samuel Sinclaire to sit and vote in this present Assembly

Resolved his Excellency be addressed Accordingly Mr. Ormond and Mr. Barker by Order waited on his Excellency the Governor and acquainted him Mr. Sinclaire one of the Members for Hyde County is dead and that this House desired his Excellency the Governor would be pleased to direct the Clerk of the Crown to issue a Writ for Electing a Member for the said County in the room of the said Samuel Sinclaire to sit and vote in this present Assembly who returned for Answer that he would Order the Clerk of the Crown so to do.

On motion Ordered that the Bill for assertaining a proper place for Building thereat a Court House prison, pillory and stocks for the County of Beaufort be read a second time.

The said Bill was accordingly read a second time.

Mr. Spier presented a petition from several of the Inhabitants of Beaufort County Thereby praying a Bill may pass into a Law to assertain a place proper for Building a Court House &c for the said County was also read and ordered that the aforesaid Bill with the said petition be sent to the Council.

Sent the above said Bill and petition to the Council by Mr. Spier and Mr. Sutton.

Received from the Councill the Bill for securing the Payment of Quit Rent due to his Majesty and Earl Granville &c Endorsed 7th January 1755 In the upper House read the third time and passed

Ordered to be engrossed.

The Bill to provide Indifferent Jurymen in all Causes Criminal and Civil &c Endorsed the 7th January 1755 In the Upper House read the second time and passed.

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The Bill to Confirm an Agreement made by the present Church wardens and Vestry of Christ Church parish in Craven County with the Reverend James Reed.

The Bill to facilitate the raising Recruits to serve his Majesty in the intended Expedition against &c

And the Bill for appointing Commissioners to revise the Laws &c

Endorsed 7th January 1755 In the Upper House read the first time and passed

Mr. Sutton according to order brought in a Bill to Establish a Publick Ferry from Newby's Point to Phelps point whereon the Court House now stands in Perquimons County which he read in his place and was again read by the Clerk.

Ordered the same pass and be sent to the Council

Sent the said Bill to the Council by Mr. Spier and Mr. Sutton

On motion Ordered that the Bill for raising a Fund for paying the Salaries of the Chief Justice and Attorney General &c be read a second time

The same was accordingly read Amended and passed And ordered the said Bill be sent to the Council.

Sent the same to the Councill with the Amendments by Mr. Brice and Mr. Conner.

On motion ordered that the Bill to confirm an Agreement made by the present Church Wardens and Vestry of Christ Church parish &c with the reverend James Reed be read a second time.

The same was read a second time accordingly.

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

On motion Ordered that the Bill for facilitating the raising Recruits to serve his Majesty in the Intended Expedition &c. be read a second time. The same was read a second time amended and passed and ordered to be sent to the Council.

Sent the above Bills to the Council by Mr. Brice and Mr. Conner.

Received from the Councill the Bill to Establish a publick Ferry from Newbys point to Phelps point whereon the Court House now stands on Perquimons River. Endorsed 7th January 1755 In the upper House read the first time and passed.

A message from His Excellency the Governor was read acquainting this house that in Order to Encourage the raising Mulberry Trees breeding Silk Worms and winding Silk he had advanced several sums of Money amounting to Four hundred and four pounds four Shillings and four pence Sterling to Mr. Barry and others to defray the Expence of Transporting several Families from Europe in Order that they might

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Carry on and Instruct the Inhabitants of this province in the several Branches of the said Business which he is of Opinion may be of great Service to the Colony if properly Conducted, Which together with a petition of Mr. Barry and Martin Stehelin submitted by his Excellency to the Consideration of this House. Whereupon the House took under Consideration the said Message and petition and Resolved that the said Sum of four hundred and four pounds four shillings and four pence sterling be reimbursed to his Excellency out of the Treasury and also that the further sum of Two hundred pounds proclamation Money be advanced by the Treasurer to such person as his Excellency shall Order to receive the same to be applyed to the Encouragement and carrying on the said several Branches of Business in such manner as he shall direct.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday the 8th January 1755 The House met according to adjournment.

On motion ordered the Bill to provide indifferent Jurymen in all Causes Criminal and Civil &c. be read a third time. The same was accordingly read a third time amended and passed and ordered to be sent to the Councill

Sent the said Bill to the Council by Mr. Hutchings and Mr. Houston.

Mr. Swann presented a Bill to amend an Act for destroying Vermin in this Province which was read and passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Hutchins and Mr. Houston.

On motion ordered that the Bill for granting to his Majesty a Duty upon the Tonage of Ships and other Vessells coming into this province be read a second time. Read the said Bill a second time amended and passed and ordered the same to be sent to the Council

Sent the said Bill to the Council by Mr. Houston and Mr. Rew.

Received from the Council a Bill to Confirm an agreement made by the present Church wardens and Vestry of Christ Church parish in Craven County with the Reverend James Reed. Endorsed the 8th January 1755 In the Upper House read the second time and passed

The Bill for raising a Fund for paying the Salaries of the Chief Justice and Attorney General &c. Endorsed 8th January 1755. In the upper House read the second time and passed with amendments.

On motion Ordered that the Bill for raising a Fund for paying the Salaries of the Chief Justice and Attorney General be read a third time. Read the said Bill a third time passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Houston and Mr. Rew.

-------------------- page 295 --------------------

On motion ordered that the Bill to Establish a Publick Ferry to Phelps point whereon the Court House now stands on Pequimons River be read a third time the same was accordingly read a third time and passed and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Fonville and Mr. Harvey.

On motion Ordered the Bill to confirm an Agreement made by the Church Wardens and Vestry of Christ Church parish in Craven County with the Reverend James Reed be read a third time. The same was accordingly read a third time passed and ordered to be sent to the Council.

On Motion Ordered the Bill for appointing Commissioners to revise the Laws &c be read a second time. The same was accordingly read a second time amended and passed and ordered to be sent to the Council.

Sent the said Two Bills to the Council by Mr. Fonville and Mr. Harvey

The Petition of James Davis Printer was presented to this house and read setting forth that the Business of the province increased, and praying that his Salary may be Augmented. On which the House Resolved that the Matters in the said petition set forth and contained are reasonable and ordered therefore that the said petition be referred to the Consideration of the next Session of Assembly

The petition of sundry Inhabitants of the Counties of Northampton, Edgcombe, and Granville was read setting forth that by the Laws now in force free negroes and Mulattoes Intermarrying with white women are obliged to pay Taxes for their Wives and Families Praying Relief &c on which the House Resolved that the Matters in the said petition contained are reasonable and that the Committee appointed to Revise the Laws receive a Clause or Clauses to be inserted in the said Laws for their Relief.

Sent the Resolve of Yesterday regarding the payment of the several sums therein mentioned to the Council for Concurrence

Then the House Adjourned till 3 o'Clock Afternoon

P. M. The House met according to adjournment

Received the Message from the Council which this House this Day sent with the Resolve of Yesterday for their Concurrence. Endorsed 8th January 1755 Concurred with

Received from the Council the Bill for Inspecting Beef, Pork &c. The Bill for ascertaining a proper Place for Building thereat a Court House, prison, pillory and stocks in Beaufort County. Endorsed 8th January 1755. In the Upper House read the second time and passed—and

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The Bill to amend an Act Intituled an Act for destroying Vermin. Endorsed 8th January 1755. In the upper House read the first time and passed.

On motion Ordered that the Bill to amend an Act Intituled an Act for destroying Vermin be read a second time the same was accordingly read a second time passed and ordered to be sent to the Council.

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

Received from the Council the Bill for granting to his Majesty a duty upon the Tonage of Ships and other Vessells coming into this province &c.

The Bill to facilitate the raising Recruits to serve his Majesty on the Intended Expedition &c. Endorsed 8th January 1755. In the Upper House read the second time and passed with amendments.

The Bill to Establish a Publick Ferry from Newby's Point to Phelps Point whereon the Court House now stands on Pequimons River. Endorsed 8th January 1755. In the Upper House read the second time and passed

The Bill to provide Indifferent Jurymen in all Causes Criminal and Civil &c. Endorsed the 8th January 1755. In the Upper House read the third time and passed

Ordered to be engrossed

On motion Ordered that the Bill for Inspecting Beef, Pork &c. be read a third time.

The same was accordingly read a third time amended passed and ordered to be sent to the Council.

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

Mr. Jones presented to the House a Bill to encourage the Importation of Gold, Silver, and Copper Coins into this province which was read passed and ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Williams and Mr. Harris

On motion Ordered that the Bill for asscertaining a proper Place for Building thereat a Court House pillory, prison and Stocks in Beaufort County be read a third time.

Read the said Bill a third time Amended passed and Ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Williams and Mr. Harris.

On motion Ordered that the Bill for facilitating the raising Recruits to serve his Majesty in the intended Expedition &c, be read a third time. The same was accordingly read a third time passed and Ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Caswell and Mr. Payne.

-------------------- page 297 --------------------

On motion Ordered that the Bill for granting to his Majesty a Duty on the Tonage of Ships and other Vessels coming into this Province &c be read a third time.

The same was accordingly read a third time amended passed and ordered to be sent to the Council.

On motion ordered that the Bill to Establish a publick Ferry from Newbys Point to Phelps point where the Court House now stands on Pequimons River be read a third time.

Read the said Bill a third time passed and ordered to be sent to the Council.

Sent the above two Bills to the Council by Mr. Caswell and Mr. Payne.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday the 9th of January 1755. The House met according to adjournment

Mr. Ashe moved for leave to absent himself from the Service of the House

Ordered he have leave accordingly.

The House being Informed that the right Honble the Lords Commissioners for Trade and plantations had proposed to his Majesty the repealing the several Acts of Assembly by which the Towns and Counties in this province were Erected and that the Governor should be Instructed to grant Charters to Confirm the Rights and Titles of the said Towns and Counties took the same under Consideration and unanimously—

Resolved, That an humble Address be presented to his Excellency the Governor desiring him to represent the many Inconveniences, disorders and confusion which would Inevitably happen if the said Laws should be repealed And in Case they should be repealed before such Application can be made to request that his Excellency would use his Endeavours to obtain his Majesty's Permission to pass other Laws to confirm the Rights and Titles of the said Towns and Counties—and from time to time to give his Assent to Bills for dividing Altering and Erecting Counties as may be necessary for the convenience of the Inhabitants.

Ordered That Mr. Jones and Mr. Barker prepare an Address to his Excellency the Governor accordingly.

On Motion Ordered, That the Report of the Committee of propositions and Grievances be read, Read the same and is as follows (Vizt)

The Committee of propositions and Grievances have had under their Consideration several propositions and Grievances to them referred and are come to Divers Resolutions thereupon 1st Proposed that immediate

-------------------- page 298 --------------------
provision be made for paying off Quit Rents and Taxes in the produce of the County under proper Regulations that Distresses be not made on Slaves working horses Cattle or utensils of Husbandry where other sufficient Distress can be had And that Goods distrained may remain a reasonable time before sold and then sold at publick Auction.

2 That the peoples properties in their Lands be secured and their possessions quieted And in Case any Surplus Land be found within the Bounds specifyed in their patents the patentees may have the preference on paying the accustomed Quit Rent.

3d That the Jurisdiction of County Courts and power of Majestrates be Enlarged saving the Right of Appeal.

4th That people be restrained from bringing Suits in the Supreme Courts for sums of less Value than Ten pounds, And that each Court of Assize be Constituted an Independant Jurisdiction and Invested with all the powers and Jurisdiction of the General Court.

5th That for the Encouragement of Trade and Commerce a Jurisdiction under proper Regulations be Erected in the Nature of a Court Merchant.

6th That Grand Jurys in the County Courts have Power to make Enquiry into the Abuse of Orphans and their Estates and that Relief in such Cases be had in a summary Way.

7th That no Trustee or Guardian be permitted to cutt timber box pine Trees or burn Lightwood upon Orphans Lands unless for Payment of Quit Rents or necessary Repairs and Improvements without the approbation of the County Court.

8th That Deceased persons Estates be sold at Vendue on reasonable Credit the Executors or Administrators being obliged to take Bond with sufficient Security.

9th That Care be taken to compell the Payment of all Taxes and Imposts already Imposed and hereafter to be imposed and that Imposts and Duties be laid on none of the Common Necessaries of Life but on such Things as are superfluous and administer to Luxury, And that rather than Burthen Trade Money for defraying the Contingencies of Government be raised by a Poll Tax.

10th That provision be made by the most expeditious and effectual method to Compell Receivers of Publick Money to Account for the same.

11th That under a Sence of the many Advantages that will arise to the province from giving our Youth a Liberal Education (whether considered in a Moral Religious or political Light) a publick School or Seminary of Learning be erected and properly Endowed—And that for

-------------------- page 299 --------------------
effecting the same the Sum of six thousand pounds already appropriated for that purpose be properly applied.

12th That suitable and ample provision be made for an Orthodox Clergy and that in passing a Law for that purpose care be taken to preserve the Right of presentation of Ministers to the Vestry and people the Founders and Endowers of the Churches.

13th That Vagrants be restrained from Strolling and wandering about, And that Children whose parents are unable or neglect to Educate and teach them some usefull Business may be bound out to proper Trades.

14th That the searching [or] patrolling for Negroes be made more frequent than heretofore.

15th That the time for proving Book Debts and Limited for bringing of Actions be Enlarged

16th That a general Regulation of the Commodities of this Province be made by Inspecting the same before Exported.

17th That all Wills be proved and Recorded in the Court of the County where the Testator dyed.

Also Resolved—that it is the Opinion of your Committee—That the Honble James Murray Esqr who was Deputed paymaster of the Forces sent to Ohio from this Province by Colonel James Innes their Paymaster his having deducted two and a half per cent out of the pay of the said Forces over and above one per cent by Law allowed the said James Innes for the same is a Grievance and greatly discourages others from Inlisting in his Majestys Service.

2d That the Secretary's refusing to deliver Wills to the Executors after they are properly Registered in his Office is a Grievance and tends to render the Estates of those Claiming under them precarious.

3d That the Clerk of the General Court (and Clerks of the County Courts from his Example) surreptitiously issuing Executions for Fees not warranted by Law whereby the Inhabitants have their Slaves and most valuable Effects Attached and sold to Answer their Exorbitant Demands is a Grievance.

4th That Lord Granvilles Agent by himself and his Substitutes inducing several persons to make Entries for the same piece of Land receiving a Fee from each and refusing to refund the same,

Declaring the Grants made by Edward Mosely and Robert Halton Esqrs his Lordships former Agents void receiving Entries for the same Lands granting them anew and Exacting Fees for so doing remitting the Quit Rents due to his Lordship on those Lands to such as will accept new Grants on them and his Exorbitant exacting Fees on all Grants for his Lordships Lands are great Grievances detrimental to his

-------------------- page 300 --------------------
Lordships Interest and do greatly retard the Settlement of that part of the Government of which his Lordship is proprietor.

5th That the growing Number of Attornies (Occasioned by want of a proper Method for Enquiring into their Probity good Demeanour and Abilities) And their Mismanagement of Causes either through Ignorance of Neglect whereby their Clients loose their Suits without any Remedy of recovering their Costs of such Attorneys is a Grievance

Received from the Council a Written Message as follows.

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for Inspecting Beef, pork &c. We think proper to reinsert in its Place the annexed Clause. We therefore advise you to send two of your Members to [see] the same done otherwise we cannot pass the Bill.


9th January 1755

The Clause.

Provided that every Inspector heretofore appointed who resides at the place of his Inspection and faithfully performs the Office of Inspector according to the Directions of this Act shall not be removed from his Office anything in this Act to the Contrary notwithstanding.

To which this House disagreed and ordered the following Message to be sent to the Council (Vizt)

Gentlemen of His Majesty's Honble Council

By your Message of this Day we find you propose a Clause therein mentioned to be added to the Bill for Inspecting Beef, pork &c which Amendment on the third reading of the Bill this House disagreed to from which disagreement they cannot recede.

By Order
J. CAMPBELL Speaker
Wm Heritage Clk

Received from the Councill the Bill for granting to his Majesty a Duty upon the Tonage of Ships and other Vessells coming into this province.

The Bill to Confirm an Agreement made by the present Church Wardens and Vestry of Christ Church parish of Craven County with the reverend James Reed.

The Bill for asscertaining a proper Place for Building thereat a Court House prison, pillory in Beaufort County.

The Bill to facilitate the raising Recruits to serve his Majesty And the Bill to Establish a public Ferry from Newbys point to Phelps point

-------------------- page 301 --------------------
whereon the Court House now stands on Pequimons River. Endorsed 9th January 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

The Bill to Encourage the Importation of Gold Silver and Copper Coins into this province Endorsed 9th January 1755 In the Upper House read the first time and passed

The Bill to amend an Act Intituled an Act for destroying Vermin. Endorsed 9th January 1755 In the Upper House read the second time and passed

On Motion Ordered that the Bill to Encourage the Importation of Gold, Silver and Copper Coins into this province be read a second time.

The same was accordingly read a second time passed and ordered to be sent to the Council.

On Motion ordered that the Bill to amend an Act Intituled an Act for destroying Vermin be read a third time The same was accordingly read a third time passed and ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Shergold and Mr. Bravard

Then the House adjourned 'till 4 oClock Afternoon.

P. M. The House met according to adjournment

Mr. Barker according to order presented an Address to his Excellency the Governor which he and Mr. Jones had prepared which was read and is as follows—

To his Excellency Arthur Dobbs Esq Captain General and Commander in Chief in Chief of the province of North Carolina

The humble Address of the Assembly of the said Province

We his Majestys most Dutiful and Loyal Subjects the Members of the Assembly of North Carolina in full Assembly beg leave to lay before your Excellency a State of the Towns and Counties heretofore Erected within this province and the great Injury the Inhabitants would sustain by the Repeal of the Laws whereby they are Erected and Established which we have lately heard has been proposed to his Majesty by the Right Honble the Lords Commissioners of Trade and plantations and that your Excellency should confirm the Rights of the several Towns and Counties by Charter

As we apprehend the repealing those Laws would in many Instances be attended with great Inconvenience from obvious Reasons not hitherto represented to their Lordships We presume with the greatest Deference to offer our Sentiments on whatsoever Essentially Concerns our Constituents and their Posterity.

-------------------- page 302 --------------------

In the year 1722 there were nine precincts only out of which as the province Encreased in Numbers and the people extended their settlements other precincts were by Acts of Assembly Erected by Dividing and Subdividing those which had before Existed in the most advantageous manner for the ease of the people

By an Act of Assembly passed in the year 1738 all the precincts in the province were denominated Countys and since that time by subsequent Acts have undergone many Divisions and Alterations and others have been Erected out of them and the Boundaries settled and altered from time to time as were most suitable to the Circumstances of the Inhabitants

By an Act passed in the Year 1722 the Justices of the respective precinct Courts were impowered and Directed to purchase an Acre of Land for the use of their respective Precincts, And in Virtue of that and several later Acts have purchased Lands whereon the Court Houses and prisons are Erected in the several and respective Counties.

In the Year 1705 sixty Acres of Land on Old Town Creek in Bath County was Erected into a Township by the name of Bath Town and by several Subsequent Acts other Quantities of Land in different parts of the province have been Erected into Townships and laid out in Lotts which have by Commissioners therein appointed been sold and Conveyed to purchasers who in Faith of the said Acts have purchased the same and laid out and Expended large Sums of Money in Buildings and other Improvements thereon.

From this State of the Case we humbly apprehend that if the said Laws should be repealed it would be greatly prejudicial and give Universal Dissatisfaction to the Inhabitants of this Province. The settling the Colony by the Accession of people from other places renders it necessary often to divide Countys and Erect a part of one into another and frequently to alter the Boundaries which could not be done were they Established by Charter inasmuch as every County Incorporated must remain intire unless the Charter were forfeited or surrendered by general Consent. Another great inconvenience from the repealing those Laws would be that the Lands whereon the Publick Buildings are Erected altho' Purchased and paid for would revert to the persons or their Heirs who had sold and received the Consideration Money for the same. The Inhabitants of the Towns in Case of a Repeal of the Laws by which they are Established would be wholly divested of their Tenements having no other Title than Deeds Executed by Commissioners Authorized by such Laws passed with the Consent and at the Request of the former Owners of the Land for Considerations long since paid and yet in Case

-------------------- page 303 --------------------
of such Repeals, as a Charter could not take away the Legal Title the Estates would revert in such former Owners and their Heirs And the fair Purchasers be dispossessed of their Lotts and Improvements

From the many Instances and undoubted proofs that we have had of your Excellency's Benevolence and Endeavours to promote the Welfare of this province, We hope Sir you will permit us to request that you will be pleased to cause these Matters to be properly represented to his Majesty in Order to prevent the Repeal of those Laws which would create the greatest Disorder and Confusion and induce many Troublesome and Litigious Suits in Law to the Impoverishment of many honest purchasers And in Case the said Laws should be Repealed before such Representation can be made That you will endeavour to obtain his Majestys permission to pass other Acts for the Re-establishing the said Towns and Countys and to confirm the Rights and Titles to the people as they now stand and from time to time pass Laws for Erecting new Countys and Towns and for altering, Dividing and new Modelling Counties in such manner as at any time hereafter from an Increase of Inhabitants and their extending their settlements the same may become necessary in such manner as has been heretofore accustomed which Method from many Years Experience as well in this as the Neighbouring Governments has been found greatly to conduce to the Advantage and Benefit of the Inhabitants And as after passing such Acts the power of Granting Charters Incorporating Towns Establishing Fairs and appointing Places for holding the Courts of Justice will still remain in the Crown

We most humbly hope that this Application will not be construed by his Majesty to proceed from the least desire of Encroaching on his Royal prerogative which we shall always with the greatest Ardour and Zeal endeavour to the utmost of our Abilities to maintain well knowing that he is Invested therewith for the Honour Dignity and Support of the Crown and for the Happiness and Safety of his people

Resolved that the same stand for the Address of this House and be sent to his Excellency the Governor

On motion ordered that Mr. Jones and Mr. Barker wait on his Excellency the Governor and acquaint him that this House had prepared an Address to him and desire to know when they shall attend him with the same.

Then the House adjourned till to morrow morning 10 oClock.


Friday the 10th January 1755. The House met according to adjournment
-------------------- page 304 --------------------

On motion ordered that Mr. Jones, Mr. Swann, Mr. Barker, Mr. Swann junr and Mr. Heron do compare the Engrossed Bills with those which passed both Houses this Session in Conjunction with such Members of his Majestys Honble Councill as shall be appointed for that purpose and that the following Message be sent to the Council to acquaint them therewith

Gentlemen of His Majestys Honble Council

This House have appointed Mr. Jones, Mr. Swann, Mr. Barker, Mr. Swann Jr and Mr. Heron to compare the Engrossed Bills with those which passed both Houses this Session in Conjunction with such Gentlemen of the Council as you shall think fit to Appoint

Sent the above Message to the Council by Mr. Vaile and Mr. Swann Junr.

Received a Written Message from the Council as follows—

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill for raising a Fund for paying the Salaries of the Chief Justice and Attorney General and for other purposes We think it necessary that the Tax therein mentioned be continued for four years instead of Two as the Bill now stands and that the annexed Clause be added to the Bill if you approve thereof send two of your Members to see the Amendments made accordingly


10th January 1755

The Clause referred to by the Message—

And whereas—the sum of two thousand eight hundred pounds was appropriated for and towards the Contingent Charges of Government by an Act passed in the year 1754 Intituled an Act for granting unto his Majesty the sum of forty thousand pounds Bills of Credit at the rate of proclamation Money to be applyed towards defraying the Expence of raising and subsisting the Forces for his Majestys Service in this province to be sent for the Assistance of his Majestys Colony of Virginia and for other purposes therein mentioned under certain Restrictions in the said Act mentioned And Whereas it is absolutely necessary for his Majestys Service and for the support of the Credit of this Province that the said sum of Two thousand eight hundred pounds should be immediately issued for the Contingent Charges of Government there being at present no Money in the publick Treasury for that purpose—Be it therefore Enacted by the Authority aforesaid that the said sum of Two thousand eight hundred pounds shall be immediately issued by the publick

-------------------- page 305 --------------------
Treasurers for the uses and purposes in this Act mentioned and shall be replaced by the Tax herein before imposed and reserved in the Hands of the publick Treasurer untill his Majestys Royal Approbation of the before recited Act shall be obtained

Which was read and Resolved that the said Message be taken into Consideration

After several Debates thereon the Motion was made and the Question was put whether the House agree to the Amendments or not and carried in the Affirmative

Ordered the following Message be sent to the Council

Gentlemen of his Majestys Honble Council—

This House taking into Consideration your Message of this Day with the Amendments therein proposed to the Bill for raising a Fund for paying the Salarys of the Chief Justice and Attorney General do Consent that you make the said Amendments thereto and herewith send Mr. Ormond and Mr. Heron to see the same done.

Mr. Ormond and Mr. Heron acquainted the House that they had waited on the Council and had soon [seen] Inserted the said Clause in the above said Bill

Received from the Council a Written Message as follows—

Mr. Speaker and Gentlemen of the Assembly—

This House have appointed the Honble James Murray and Francis Corbin Esqrs to compare the Engrossed Bills of this Session in Conjunction with the Members of your House appointed on that Service

Then the House adjourned 'till 4 oClock Afternoon

P. M. The House met according to adjournment

Received from the Council the Bill to amend an Act Intituled an Act for destroying Vermin &c. Endorsed 10th January 1755. In the Upper House read the third time and passed

Ordered to be engrossed.

According to Order Mr. Barker acquainted this House that himself with the other Gentlemen had waited on his Excellency the Governor and let him know that the House had prepared an Address to him and desired his Excellency to let them know when the House should wait on him with the said Address and that his Excellency was pleased to say he would receive them immediately.

-------------------- page 306 --------------------

Mr. Speaker with the House waited on his Excellency the Governor with the said Address and being returned Reported that he had presented the said Address to his Excellency And that his Excellency for Answer said that he would by the first Opportunity transmit the same and make true Representation thereof.

Received from the Council the Bill for raising a Fund for paying the Salarys of the Chief Justice and Attorney General Endorsed 10th January 1755. In the Upper House read the third time and passed

Ordered to be engrossed

Then the House adjourned till tomorrow morning 9 oClock.


Saturday 11th January 1755 The House met according to adjournment.

The House according to order taking under Consideration an Extract of a Letter to his Excellency from George Vaughan Esqr which his Excellency caused to be laid before them wherein he proposed a scheme for a Charitable Donation for the propogation of the Gospell and Establishing an Academy or Seminary of Learning in the said province,

Resolved that a Message be sent to his Excellency to desire that he would be pleased to acquaint Mr. Vaughan that they have a due sense of his Goodness in the Intended Donation and return him their Thanks for the same and shall at any time when necessary give all the Assistance in their power to Confirm and secure in the most Effectual manner the Fund he proposes to fix that the Charitable purposes he intends thereby may fully take Effect.

His Excellency the Governor caused to be laid before this House a Letter to him from Mr. McCulloch the Deputy Auditor in Relation to an Instruction from his Majesty directing that all publick Accounts should be Audited by the Auditor General or his Deputy in which the said Mr. McCulloch informs his Excellency that no Accounts of Publick Moneys have ever been produced to be audited by him except what has been produced by the Receiver of the Quit Rents all other Accompts having been passed in the Assembly—Whereupon the House Resolved that a Message be sent to his Excellency the Governor to acquaint him that all public Money raised by Tax on the people have ever heretofore been Accounted for by the persons appointed by Act of Assembly for receiving the same to a Committee nominated and appointed by the Council and Assembly for such purposes and on their Report such Accompts have been Examined in open Assembly and concurred with by the Council then entered in Books and lodged with the Clerk of the Assembly who never has refused Copys to any Person who applyed for the same to their knowledge.

-------------------- page 307 --------------------

Mr. Munden and Mr. Williams waited on his Excellency the Governor with the foregoing Resolves—

Mr. Chairman of the Committee of publick Claims acquainted this House that the Committee had settled and allowed several Claims which he reported to the House the same were read and agreed to by the House—and were sent to the Council by Mr. Herron and Mr. Houston for Concurrence

Resolved that the several Sums following be paid to the several Officers of the Assembly and other persons respectively—

£
s
d
To William Herritage Clk of the Assembly
30
0
0
John Nichols Clk. Committee of Claims &c
20
0
0
William Foster for
3
0
0
William Heritage per Transcript of Journal of last Sessions to the printer
5
0
0
To Ford for Services
15
0
0
To Lawrence Donaldson for House room per Committee
3
10
0
To Jasper Chareton for Services
12
0
0
To Wm Mouat for Services
7
10
0
To Mr. Powell for Do
15
0
0
To the Reverend James Reed Chaplain
10
0
0
To Wm Heritage for Stationary Ware
2
0
0
To the Reverend John Lappier
20
0
0

Mr. Swann Chairman of the publick Accompts acquainted the House that the Committee had Examined stated and settled the said Accompts which he reported to the House which were read On which the House Resolved That the several Accompts in the Report mentioned of the Southern Treasurer appear to be just and are approved of by the House and that the several Accompts produced by Mr. Thomas Barker mentioned in the said Report appear likewise to be just and are also approved of by the House and that the rest of the said Report Except what relates to the Sum of £958.1.4 delivered in by the said Committee to the House to be burnt be referred to the next Session of Assembly for Consideration

Resolved that the sum of £958.1.4 on the sinking Fund paid into the Committee of publick Accompts and the Sum of £2,034.10.3 old Bills produced to the Committee of Claims be Burnt and that the following Message be sent to the Council (Vizt)

Gentlemen of his Majestys Honble Council,

This House have resolved that the Sum of nine hundred and fifty Eight pounds one Shilling four pence paid on the Sinking Fund to the

-------------------- page 308 --------------------
Committee of publick Accompts And also the sum of Two thousand and thirty four pounds ten shillings and three pence old Bills delivered by several Claimants to the Committee of Claims this Sessions be burnt on Monday morning 11 oClock and have appointed a Committee of this House in Conjunction with such of your Honours as you shall think fit to see the same done.

Sent the above Message to the Council by Mr. Heron and Mr. Houston.

Resolved That the sum of Five pounds proclamation Money be paid the Speaker of this House for the time being and the Sum of Fifty shillings like money be paid the Clerk of this House for the time being on each private Bill the one Moiety or half of which said Sums shall be paid at the bringing in of each Bill to the said Speaker and Clerk respectively the other Moiety or half part at the passing the same by the Council and Assembly

Whereas it appears by Mr. Starkeys Accompt that there is the Sum of Twenty pounds seventeen shillings and Ten pence proclamation money due from the Commissioners for revising the Laws and this House taking into consideration that the said Commissioners will be great loosers by the said undertaking Therefore Resolved that the said sum of Twenty Pounds seventeen shillings and Ten pence be remitted them and that they from the payment of the said Sum be Discharged

Mr. Robert Jones and Mr. William Williams moved for leave to absent themselves from the Service of the House as did also Mr. William Kinchin

Ordered they have leave accordingly

Then the House adjourned 'till Monday Morning 9 oClock


Monday the 13th January 1755 The House met according to adjournment.

Received a written Message from the Council as follows

Mr. Speaker and Gentlemen of the Assembly

Your Message of the 11th signifying that you had appointed a Committee of your House to see the Sums of Old and new Bills burnt this Morning at 11 oClock not having been delivered 'till 4 oClock this Afternoon this House have appointed a Committee to join yours to see the said Bills burnt tomorrow morning 9 oClock.


13th January 1755.

Then the House adjourned 'till tomorrow morning 9 oClock.

-------------------- page 309 --------------------


Tuesday the 14th January 1755 The House met according to adjournment.

The Committee appointed to see the sum of £958.1.4 proclamation Bills and the sum of £2,034.10.3 old Bills Burnt Reported that they had burnt the above said two sums.

This House taking into Consideration the Necessity of providing a proper Store House for the secure keeping of the Arms sent by his Majesty for the Use of this Province Resolved that a Message be sent to his Excellency the Governor to desire he would be pleased to appoint some person to provide a sufficient Store House for the safe keeping the Arms sent by his Majesty for the Use of this province and keep the same clean and in good Order untill his Excellency shall cause them to be distributed for his Majesty's Service and that the person so appointed by his Excellency shall have a reasonable Allowance for his Expence and Trouble therein paid out of the Treasury.

Ordered that Mr. Barker and Mr. Ormond wait on his Excellency to acquaint him therewith and that the Clerk Transcribe the said Resolve and deliver it to his Excellency.

His Excellency the Governor sent a Message to the House commanding the Immediate Attendance thereof in the Council Chamber with what Bills were Engrossed

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber with the following Bills (Vizt)

1. The Act for granting an Aid to his Majesty for the Defence of the Frontier of this province and other purposes.

2d The Act 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 other purposes

3d The Act for granting to his Majesty a Duty on the Tonage of Ships and other Vessells coming into this province and other purposes.

4th The Act for Establishing the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery of North Carolina

5th The Act for Establishing County Courts for Enlarging their Jurisdiction and settling the Proceedings therein.

6th The Act to provide Indifferent Jurymen in all Causes Criminal and Civil and for an allowance for the Attendance of Jurors attending at the Supreme Courts.

7th An Act to facilitate the raising Recruits to serve his Majesty in the intended Expedition against the French on the Ohio and guarding the Frontier of this Province.

-------------------- page 310 --------------------

8th The Act 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.

9th The Act to restrain the Exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majestys Customs.

10th The Act for raising a Fund for paying the Salarys of the Chief Justice and Attorney General and for other purposes

11th The Act to repeal an Act to prevent the Exportation of Raw Hide pieces of Hides and Calf Skins out of this province.

12th The Act to prevent Malicious Mahming and wounding.

13th The Act to amend an Act Intituled an Act for destroying Vermin in this province.

14th The Act for appointing the several Ferrys therein mentioned and for obliging the Commissioners of the several Districts to make Roads to the same.

15th The Act to Establish a publick Ferry from Newbys point to Phelps point whereon the Court House now stands on Pequimons River.

16th The Act to Confirm an Agreement made by the present Church Wardens and Vestry of Christ Church parish in Craven County with the Reverend James Reed.

To which said sixteen Bills his Excellency was pleased to give his Assent.

Mr. Speaker with the House returned and Mr. Speaker reported that his Excellency the Governor had assented to the foregoing sixteen Bills and then made the following Speech (Vizt)

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

The steady zeal you have shown for his Majestys person and Royal Family and support of his Government and securing the payment of his Quit Rents and the Unanimity with which you have proceeded in doing everything necessary to your present Ability for the peace security and defence of this and the adjoining Colonies and in securing your Religion Rights and properties from French Encroachments and papal Tyranny requires my returning you sincere Thanks which I will faithfully represent to his Majesty.

Your Application and the Dispatch you have made in preparing and passing many necessary Laws for the Improvement of Trade easy distribution of Justice and for the maintenance of an Orthodox Clergy well deserve the thanks of your Constituents and of all who wish well to this Province.

-------------------- page 311 --------------------

I am particularly obliged to you for the favourable Sentiments which you have Expressed of my Endeavours to serve his Majesty and to promote the peace security and Improvement of this Colony according to the Trust his Majesty has reposed in me.

Mr. Speaker and Gentlemen of the Assembly,

I return you in particular my hearty thanks for the supplys you have granted for the Defence of this Colony and for the Assistance of Virginia and Contingencys of Government with which you have instructed me which I shall Endeavour to apply with the greatest Economy for his Majestys Service and Security of this Province.

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

As your Close Attendance and your Private Affairs will require your separating at this time and returning to your several Counties I most earnestly recommend to you the promoting peace and Harmony in your several Counties and that you will Exert yourselves in your several Districts in putting in Execution the several Laws formerly and now made for promoting true Religion and Virtue and due Execution of Justice and promoting the Trade and Improvement of this Province and to take Care that the Supplies you have so Chearfully granted be duly and carefully levied and paid in to answer the purposes for which they are granted, without which your Lives Religion, Liberties and properties cant be secured nor the Government be enabled to defend you as all Laws are a Dead Letter if not duly Enforced and put in Execution.

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to adjournment

Received a Written Message from his Excellency the Governor as follows

Mr. Speaker and Gentlemen of the Assembly

As there appears a Surplussage at present of the £12,000 Issued for the Assistance of the province of Virginia in Case Colonel Innes upon making up his Accompts has no Demand for that Overplus I should be glad to have your Sentiments how the remaining Overplus shall be laid out and who you will empower to dispose of the same pursuant to the Act appropriating the same.

ARTHUR DOBBS.

The House taking the above said Message into Consideration unanimously resolved in Case Colonel Innes on making up his Accompts

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shall have no Demands for the Surplus of the said £12,000 that so much thereof as shall remain unapplied shall be paid to such person or persons as his Excellency the Governor shall direct and be applyed in assisting the other Colonys in the Expedition against the French at Ohio in such manner as his Excellency shall at any time think fit for his Majestys Service.

Sent the following Message to his Majestys Honble Council (Vizt)

Gentlemen of his Majestys Honble Council

This House received a Message from his Excellency the Governor acquainting them that there appears a Surplus of the £12,000 Issued for the Assistance of Virginia therein desiring the Sentiments of this House how the same shall be laid out and by whom And having taken the said Message into Consideration have unanimously Resolved in Case Colonel Innes on making up his Accompts shall have no Demands for the Surplus of the said Twelve thousand pounds that so much thereof as shall remain unapplied shall be paid to such person or persons as his Excellency the Governor shall Direct and be applied in assisting the Colony of Virginia in the Expedition against the French at Ohio in such manner as his Excellency shall at any time think meet for his Majestys Service Which we desire your Honours Concurrence.

JNO CAMPBELL, Speaker.

Sent the above Message by Mr. Barker and Mr. Ormond.

Received the above Message from the Council Endorsed concurred with

Then the House adjourned till tomorrow morning 11 oClock.


Wednesday 15th January 1755. The House met according to adjournment.

His Excellency the Governor was pleased to prorogue this Assembly untill the Twenty fourth day of September next to be then held at Newbern.



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