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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
September 30, 1756 - October 25, 1756
Volume 05, Pages 658-688

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[B.P.R.O. North Carolina. B. T. Vol. 30.]
LEGISLATIVE JOURNALS.

North Carolina.

At an Assembly held at Newbern the Twelfth day of December in the year of our Lord One Thousand Seven Hundred and fifty Four, and in the Twenty Eighth Year of our Sovereign Lord George the Second by the Grace of God of Great Brittain, France and Ireland, King Defender of the Faith &c: and continued by Prorogation and Adjournment until this Thirtieth Day of September 1756.

In the Upper House Present.
The Honble Mathew Rowan
Francis Corbin
James Murray
John Dawson
James Hasell
Lewis De Rosset
and John Rieussett Esqr

His Excellency the Governor came to this House, and sent a Message to the Lower House and commanded immediate attendance.

Whereupon the Speaker attended by the Lower House waited on his Excellency in the Council Chamber, where he was pleased to make to both Houses the following Speech vizt

Gentlemen of His Majesty's Council, Mr. Speaker and Gentlemen of the Assembly.

Since your last Meeting the face of Affairs is much changed and become very critical, at that time the wise and resolute Measures his Majesty had taken to preserve the Rights and Possessions of his Colonies, and to oblige the French to give up and restore the Counties they had taken or withheld from Britain contrary to the Faith of the most solemn Treaties, by making reprisalls and repelling them from their unjust Encroachments in Novia Scotia and upon the Ohio gave no hopes that the French King would have listen'd to reason, and would have done Justice to his Majesty and to his British Subjects without engaging in a War.

But instead of doing Justice and relinquishing his ambitious Views of hemming in these Colonies, securing the Indian Trade, and making all the Indian Nations our Enemies and by their assistance to expell all the British Colonies from their Possessions on this Continent he persists in his ambitious Scheme, and has invaded without a Declaration of War, the British Possessions in Europe, and has threatened an Invasion, and the Total Destruction of the British Empire. This has obliged his Majesty to declare War against France, in support of our Religion and

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Liberties. The whole British Empire in Europe and America at Stake, our Holy Religion Liberties and Possessions are in the utmost danger unless we exert our whole united Force to repel those Faithless Neighbours in time of Peace, and merciless Enemies in time of War from this Continent or at least confine them to their primitive Colony of Canada.

The great weight of a War against the exorbitant power of France without the assistance of any ally under the great Debt, which affects Brittain, undertaken to secure the safety, liberty and Possessions of these Colonies requires that the Colonies should exert their utmost united Force and depend and call upon God our Saviour to defend his Protestant Church, and the cause of Liberty I am therefore fully assured that you will continue to exert the same Zeal and Spirit you have hitherto done in granting supplies to support these Colonies in defence of our Religion Liberty and Possessions.

Mr. Speaker and Gentlemen of the Assembly.

It is your immediate concern to see that the Taxes you laid on have been effectually raised, and to view and examine the Accounts, and see that they are regularly kept, in order to grant a sufficient supply when the Colonies are in such imminent Danger, to prevent the seat of War being brought into this Province, which we must soon expect if the French are not soon repelled out of the neighbouring Provinces. At this time a less sum will do more service, than a very large sum hereafter, which if delayed must necessarily be given to procure your future peace and safety.

Gentlemen of his Majesty's Council, Mr. Speaker and Gentlemen of the Assembly,

I have received his Majesties Instructions to recommend to you to prepare a Bill for preventing desertion and harbouring and concealing deserters and to encourage the raising Recruits for the public service of the Colonies, and to repay Masters for the remaining time of indented servants who shall inlist in his Majesties Service, and also to recommend that such Sums as you shall raise for the public service of the Colonies may be put under the direction of the Commander in Chief over all the Northern Colonies.

His Majesty has been pleased in compliance with the address of this Assembly to give me Instructions to re-enact the Twelve Laws which had been repealed by his Majesty in Council in 1754 for erecting Counties and Towns reserving his Majesty's Right to serve in the Assembly and also an Instruction to agree to the refusall of such subsequent Laws

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as had passed here, but had not been transmitted and laid before his Majesty in Council in April 1754 and an Instruction to re-enact them with the same reservation.

There are several other Laws which I must recommend to your consideration: An effectual Militia Law, to amend and make effectual the Law for fixing and maintaining a learned Clergy, and for building Churches and Glebe Houses, and purchasing Glebes, A Law to favour our Indian Allies and to prevent maiming and killing Negroe Slaves, as also to make more effectual the Inspecting Law, and to appoint a Committee to revise the Law.

I have faithfully represented to his Majesty your Zeal and Spirit in supporting his undoubted Right in America and his Majesty has greatly approved of your Zeal and Cheerfulness in granting the necessary supplies and is fully convinced that you will exert the same Zeal and Spirit in defence of your Religion Liberty and Possessions and you may be assured I shall always faithfully represent your Loyalty to his Majesty and Zeal for his Illustrious House and the public safety of Great Britain and its Colonies, and I shall heartily and sincerely co-operate with you in everything that will promote true Religion and Virtue and the Wealth, Peace, Trade and Happiness of this Province.

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


Friday 1st October 1756. The House met according to adjournment.
Present.
The Honble Matthew Rowan.Esqr
The Honble Francis Corbin Esqr
The Honble James Murray. Esqr
The Honble John Dawson Esqr
The Honble James Hasell. Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

John Smith produced his Commission from the Governor impowering him to act as Clerk of the Council as Upper House of Assembly and took the Oaths by Law directed for Public Officers, subscribed the Declaration and took the Oath of Office.

This House took under their consideration his Excellency's Speech and ordered the same to be read which was accordingly done—Then the Honble Francis Corbin Lewis De Rosset and John Rieussett Esqrs were appointed a Committee to prepare an address to his Excellency.

Mr. Shergold and Mr. Jo: Blount brought up the following Message from the Lower House of Assembly.

Gentn of his Majesty's Honble Council,

This House have appointed Mr. John Harvey, Mr. George Moore, Mr. Wyriot Ormond, Mr. James Paine, and Mr. James Davis a Committee

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thereof to examine, state and settle the Public Accounts of this Province, and Mr. John Starkey, Mr. William Mackay, Mr. John Ashe, Mr. Thomas Relf and Mr. William Bartram a Committee to settle and allow the Public Claims on this Province in conjunction with such of your Honrs as you shall think proper to appoint for those services.

By order
SAM: SWANN. Speaker.
Wm Herritage. Clk.

1st October 1756.

This House proceeded to chuse Committees to join Committees of the other House on the public accounts and claims. And the Honble James Hasell Lewis De Rosset and John Rieussett Esqrs were appointed on the Accounts and the Honble Francis Corbin and John Dawson Esqrs on the Claims, and a message was sent to the other House acquainting them therewith with the following Words vizt

Mr. Speaker and Gentlemen of the Assembly

This House taking under consideration your message signifying your appointment of Committees on the Public Accounts and Claims have appointed the following Members of this House Committees to join the Committees of your House on those services vizt The Honble James Hasell Lewis De Rosset and John Rieussett Esqrs on the Public Accounts and the Honble Francis Corbin and John Dawson Esqrs on the Claims.

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

Met according to adjournment. Present as above.

The House adjourned till To-morrow morning 10 o'clock.


Saturday. 2nd October 1756. Met according to adjournment
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Dawson Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

The House adjourned to 4 O'clock in the afternoon

Met according to adjournment Present as above.

The Committee appointed by this House to draw up an Address to his Excellency the Governor reported the same which was ordered to be read and being approved of was ordered to be engrossed.

The House waited on his Excellency at the Council Room and by the Honble Matthew Rowan Esqre presented him with the following address.

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May it please your Excellency

His Majesty's dutifull and loyal subjects the Members of his Council for this Province take leave to return your Excellency their thanks for your Speech at the Meeting of this Session of Assembly.

We have observed with manifest concern the great alteration in the Situation of Public Affairs since our last meeting and which your Excellency has so pathetically and justly remarked to us, and we are highly sensible of the danger that so nearly threatens us and the rest of his Majesties Colonies in America from the attacks of our faithless and merciless enemies, the French and their barbarous and cruel allies, and that without our being unanimous and exerting ourselves at present in the defence of our Religion Laws and Liberties we dont know how far their arbitrary and enslaving schemes may succeed.

We therefore assure your Excellency that for our parts we shall at all times cheerfully and freely contribute to the utmost of our fortunes and abilities and willingly risque our lives in support of his Majesty's just Rights and in Defence of that great blessing of liberty we so happily enjoy in Church and State, under his wise, just and gracious administration.

We shall also readily concurr with the other Branch of the Legislature in granting such supplies as the indigent and poor state of this Province will admit and in doing whatever else lies in our Power to contribute to the safety and happiness of it and to render your Excellencies administration easy and prosperous.

We are now to return your Excellency our sincere thanks for your just representation of the affairs of this Province to his Majesty for your assurance of co-operating with us, and for that steadiness and zeal you have shewn for his Majesty and his illustrious House. We assure you Sir, these motives will animate us with diligence and alacrity to enter upon public business and to bring this Session to an end agreable to your Excellencys generous views and the benefit of our Country.

To which his Excellency was pleased to return the following answer.

The expressions of our Zeal for his Majesty's Rights and safety of these Colonies and your sense of the blessings we enjoy under his Reign and the British Constitution, I shall faithfully represent to his Majesty and return you thanks for your acceptance of my zeal and endeavours to support his Majesty's Rights and the safety of this Province.

The House adjourned till Monday morning 10 o'clock.

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Monday 4th October, 1756. The House met according to adjournment.

Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Dawson Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

Mr. Moore and Mr. Harvey brought up the following message from the Lower House of Assembly.

Gentlemen of his Majestys Honble Council.

On perusing the report of the Committee of Accounts of last Sessions we find they have not yet been concurred to by your Honours. Therefore now send them to you herewith and desire your Honours concurrence to the same.

By order
SAM: SWANN, Speaker.
Willm Herritage Clk.

2nd Oct: 1756.

The House adjourned till 4 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

The House adjourned till To-morrow morning 9 o'clock.


Tuesday 5th October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Dawson Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

The message from the Assembly desiring the concurrence of this House to the report of the Committee of accounts of the last Session was considered and the question was put that the said report as it stands amended by the House of Assembly be concurred with. It passed in the affirmative. Against which the Honble James Murray Esqre protested and prayed leave and time to enter his Reasons for such Protest which was granted.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

The House adjourned till Thursday morning 9 o'clock.


Thursday, 7th October, 1756. Met pursuant to adjournment.
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Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Dawson Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

Mr. Blount and Mr. Ward brought up the following Bills, To witt

A Bill for altering the Times for holding the Supreme Courts of Justice and for other purposes. And a Bill to limit the Time for holding County Courts and other purposes—which Bills were endorsed in the following manner.

7th Octr 1756. In the Assembly read the first time and passed.

By order
Wm HERRITAGE Clk

The above Bills were read in this House the first time and passed.

Mr. Spier and Mr. Harvey brought up the following Bills To witt.

A Bill for the better regulation of the Militia and other purposes.

A Bill for adjourning the County Court of Beaufort and other purposes.

Both Bills were endorsed in the following manner.

7th Octr 1756. In the Assembly read the first time and passed.

By order
Wm HERRITAGE Clk

Which Bills were read in this House the first time and passed with amendments.

The House adjourned 'till 3 o'clock in the afternoon.

Met pursuant to adjournment.

Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
and Lewis De Rosset Esqr

The House adjourned till To-morrow morning 9 o'clock.

Friday 8th October 1756. Met pursuant to adjournment.

Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

Mr. Relph and Mr. Griffith Jones brought up a Bill for altering the Times for holding the supreme courts of Justice and for other purposes.

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Indorsed this 7th Octr 1756. In the Assembly read the second time and passed with amendments.

By order
WILLm HERRITAGE Clk

Which Bill was read in this House a second time and passed with amendments.

Mr. Kinchin and Mr. Murden brought up a Bill for dividing the Parish of Edgecombe in the County of Edgecombe into two distinct parishes. Indorsed thus vizt 8th Octr 1756. In the Assembly read the first time and passed.

By order
WILLm HERRITAGE Clk

Which Bill was read in this House the first time and passed.

Resolved that the thanks of this House be given to the Revnd Mr. Michael Smith for his sermon preached before his Excellency the Governor and both Houses of the General Assembly at Newbern on the sixth day of October instant being a day appointed for a solemn fast, and that he be desired to publish the same.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

The House adjourned till Tomorrow morning 10 o'clock.


Saturday 9th October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr
and John Rieussett Esqr

Mr. Harnett and Mr. Starkey brought up the following Bills vizt

A Bill for adjourning the County Court of Beaufort and other Purposes.

And a Bill for altering the Times for holding the Supreme Courts of Justice and for other purposes.

Mr. Davis and Mr. Cade brought up a Bill for establishing several Counties and Towns.

Mr. Speaker and Gentlemen of the Assembly.

On reading the third time the Bill for altering the Times for holding the Supreme Courts of Justice and for other purposes We observe that you have fixed them at such times as almost renders the Chief Justices attendance at some of them impracticable. We therefore desire your concurrence for holding the said Courts at the times mentioned in the

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paper herewith sent to which if you agree we desire you will send some of your members to see the said alterations made.

At Edenton on the first Tuesday in December and June.

At Enfield on the first Tuesday in January and July.

At Salisbury on the third Tuesday in February and August.

At Wilmington on the fourth Tuesday in March and September.

At Newbern on the third Tuesday in April and October.

Mr. Secretary brought from his Excellency the following message viz:

Mr. President and Gent: of his Majestie's Council,

As the Forts and Batteries, which are erecting at Cape Fear Core Banks and Topsail Inlet and will soon be in a state of defence and I have an account that Artillery and Ordnance stores will be soon ordered for Fort Johnston and as I have also applied for artillery and stores, for the other Batteries it will be necessary to have at least a company of 120 men to defend them, which I have also applied for to be fixed upon the British Establishment and it is expected that if the company should be established that this Colony should provide them with Provisions as is done in other Colonies. An address from you to his Majesty that you will supply them with Provisions will greatly forward and support my application for the Company, since it can't be expected in time of War this Province can defend its Western Frontier, assist the other colonies and also maintain an independant Company to defend the Forts and protect the navigation of the Colony. This I recommend to your consideration.


9th October 1756.
ARTHUR DOBBS.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment.

Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr
The Honble John Rutherford Esqr and
The Honble John Rieussett Esqr

Mr. Davis and Mr. Cade brought up the following Bills. vizt

A Bill to prevent the unlawfull killing and destroying of Slaves.

A Bill to erect a new Court House, Prison, Pillory and Stocks in Pasquotank County and other purposes. And a Bill for constituting a Court Merchant.

Which said three Bills were read in this House the first time and passed.

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Mr. Davis and Mr. Cade brought up the following message viz:

Gent: of his Majesties Honble Council.

We cannot concurr to your message of this day desiring our concurrence to the alteration you propose to the Bill for altering the Times for holding the supreme Courts of Justice and other purposes as we are of opinion the alteration you mention will render the attendance of the Chief Justice to hold those Courts much more inconvenient than those we incerted in the Bill.

By order.
SAM: SWANN Speaker.
Wm Herritage Clk.

9th Oct: 1756.

A Bill for altering the times for holding the supreme Courts of Justice and other purposes was read in this House a third time; and the question being put, shall the Bill pass or not pass, it was rejected.

The House adjourned till Monday Morning 10 o'clock.


Monday. 11th October 1756. Met pursuant to adjournment
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr
The Honble John Rutherford Esqr &
The Honble John Rieussett Esqr

Mr. Benj: Harvey and Mr. Relf brought up a Bill to limit the time for holding County Courts and other purposes.

His Excellency the Governor was pleased to lay before this House the following letter and state of the Cherokee's. viz.

[See duplicate “letter and state” to Governor of South Carolina, ante, page 612.—Editor.]

The House adjourned to 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

A Bill for establishing several Counties and Towns was read in this House the first time and passed.

A Bill for adjourning the County Court of Beaufort, and other purposes was read in this House the second time and passed with amendments.

A Bill to limit the time for holding Courts and other purposes was read in this House a second time and passed.

The House adjourned till Tomorrow morning 9 o'clock.

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Friday 12th October 1756. Met pursurant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr
The Honble John Rutherford Esqr
The Honble John Rieussett Esqr

Mr. Relf and Mr. Murden brought up the Two following Bills. Vizt A Bill for erecting a new Court House, Prison, Pillory & Stocks in Pasquotank County and other purposes. And a Bill for dividing the Parish of Edgecombe in the County of Edgecombe into Two distinct Parishes.

Mr. Fonville and Mr. Brown brought up a Bill for the better regulation of the Militia and other purposes.

A Bill for erecting a new Court House, Prison, Pillory and Stocks in Pasquotank County and other Purposes was read in this House a second time and passed with amendments.

A Bill for dividing the Parish of Edgecombe in the County of Edgecombe into Two distinct Parishes was read in this House a second time and passed with amendments.

A Bill to limit the Time for holding County Courts and other purposes was read in this House a third time and passed ordered to be engrossed.

A Bill for the better regulation of the Militia and other purposes was read in this House the second time and passed.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above (except the Honble Lewis De Rosset Esqre)

Mr. Starkey and Mr. Harnett brought up the three following Bills vizt

A Bill to prevent the unlawful killing and destroying of Slaves.

A Bill for ascertaining the method of proving Book Debts. And a Bill for consituting a Court Merchant.

Mr. Harris and Mr. Paine brought up a Bill to empower the Sheriff of Granville to collect Public, County and Parish Levies of the taxable Persons within the same. Which Bill was read in this House the first time and passed.

A Bill for ascertaining the method of proving Book Debts was read in this House the first time and passed.

A Bill for constituting a Court Merchant was read in this House the second time ordered to lie on the Table till To-morrow.

A Bill to amend an Act intituled a Act for establishing the supreme Courts of Justice of Oyer and Terminer and General Goal delivery of

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No Carolina was read in this House the first time and passed with amendments.

Mr. Caswell and Mr. Cade brought up a Bill for dividing the Parish of St Patrick in the County of Johnston [into] two Distinct Parishes.

Mr. Blount and Mr. Harvey brought up a Bill for confirming the Town Lands of Edenton &c:

Mr. Harvey and Coll: Mackey brought up a Bill for the better regulation of the Militia and other purposes.

The Bill for confirming the Town Lands of Edenton &c: In the upper House read the first time and passed.

The Bill for dividing the Parish of St Patrick in the County of Johnston into two distinct Parishes. In the upper House read the first time and passed.

Mr. Harris and Mr. Fonville brought up the Two following Bills vizt A Bill for dividing the Parish of Edgecombe in the County of Edgecombe into Two distinct Parishes And a Bill to impower the Sheriff of Granville and the Collector of Taxes of St Johns to collect Public County and Parish Levies of the Taxables persons within the same.

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


Wednesday 13th October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rutherford Esqr
The Honble John Rieussett Esqr

The Bill for dividing the Parishes of Edgecombe in the County of Edgecombe into Two distinct Parishes, was read in this House a third time and passed. Ordered to be engrossed.

The Bill for the better regulation of the Militia and other purposes was read in this House the third time and passed. Ordered to be engrossed.

Mr. Sutton and Mr. Cade brought up a Bill for the relief of such persons as have suffered or may suffer by not having had their Deeds and Mesne conveyances proved and registered within the time heretofore appointed for such purposes and to prevent disputes and Law suits concerning Lands.

Mr. Relf and Mr. Jones brought up a Bill for erecting a new Court House, Prison, Pillory and Stocks in Pasquotank County and other purposes.

The Bill for constituting a Court Merchant was resumed and passed.

The Bill for the relief of such persons as have suffered or may suffer by not having had their Deeds [and] Mesne conveyances proved and registered

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within the time heretofore appointed for such purposes and to prevent disputes and Law suits concerning Lands, was read in this House the first time and passed.

The Bill for erecting a new Court House, Prison, Pillory and Stocks in Pasquotank County and other Purposes was read in this House a third time and passed. Ordered to be engrossed.

Mr. Blount and Mr. Walton brought up the three following Bills, viz:

A Bill to amend an act entituled an act for establishing the Supreme Courts of Justice of Oyer & Terminer and General Goal delivery of No Carolina.

A Bill for confirming the Town Lands of Edenton &c:

And a Bill for establishing public roads and Ferries and for the better regulation of the same in several Counties.

The Bill to amend an act entituled an act for establishing the Supreme Court of Justice of Oyer and Terminer and General Goal delivery of North Carolina was read in this House a second time and passed.

Mr. Cade and Mr. Caswell brought up a Bill for dividing the Parish of St Patrick in the County of Johnston into Two distinct Parishes.

The Bills for establishing public roads and Ferries and for the better regulation of the same in several Counties, was read in this House the first time and passed.

Mr. Sutton and Mr. Bravard brought up a Bill for ascertaining the method of proving Book Debts.

The Bill to prevent the unlawfull Killing and destroying of Slaves was read in this House a second time and passed with amendments.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment.

Present as above.

The Bill for adjourning the County Court of Beaufort and other purposes, was read in this House a third time and passed. Ordered to be engrossed.

Mr. Relf and Mr. Brothers brought up a Bill for consolidating the Parishes of St John and St Peter in the County of Pasquotank, which Bill was read in this House the first time and passed.

Mr. Fonville and Mr. Bartram brought up a Bill for the relief of such persons as have suffered or may suffer by not having had their Deeds and Mesne conveyances proved and registered within the time heretofore appointed for such purposes and to present disputes and Law suits concerning Lands.

The Bill to impower the Sheriff of Granville and Collector of St Johns to collect Public, County and Parish Levies, was read in the upper House the second time and passed.

-------------------- page 671 --------------------

Mr. Davis and Mr. Hutchins brought up a Bill for constituting a Court Merchant.

The House adjourned till To-morrow morning 9 o'clock.


Thursday 10th October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rutherford Esqr
The Honble John Rieussett Esqr

The Bill for dividing the Parish of St Patrick in the County of Johnston into Two distinct Parishes was read in this House a second time and passed with Amendments.

Mr. Griffith Jones and Mr. Smith brought up the Three following Bills vizt

A Bill for the regulation of the Town of Wilmington.

A Bill to impower the Sheriff of Granville and the Collector of the Taxes of St John to collect Public County and Parish Levies &c:

And a Bill for consolidating the Parishes of St John and St Peter in the County of Pasquotank.

Mr. Leary and Mr. Jones brought up a Bill to amend an act intituled an act for establishing the Supreme Courts of Justice of Oyer and Terminer and General Goal Delivery of No Carolina.

The Bill for the regulation of the Town of Wilmington was read in this House the first Time and passed with amendments.

The Bill for ascertaining the method of proving Book Debts was read in this House a second time and passed.

The Bill for constituting a Court Merchant was read in this House a third time and rejected.

The Bill to amend an act intituled an act for establishing the Supreme Courts of Justice of Oyer and Terminer and General Goal Delivery of No Carolina was read in this House the third time and passed. Ordered to be engrossed.

The Bill for the relief of such persons as have suffered or may suffer by not having had their Deeds and Mesne conveyances proved and registered within the Time heretofore appointed for such purposes and to prevent disputes and Law suits concerning Lands, was read in this House the second time and ordered to lie on the Table 'till To morrow morning.

The Bill to impower the Sheriff of Granville and the Collector of the Taxes of St John to collect Public, County, and Parish Levies was read in this House the third time and passed. Ordered to be engrossed.

-------------------- page 672 --------------------

The Bill for consolidating the Parish of St John and St Peter in the County of Pasquotank was read in this House a second time and passed.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

Mr. Cade and Mr. Caswell brought up a Bill for dividing the Parish of St Patrick in the County of Johnston into two distinct Parishes.

Mr. Davis and Mr. Fonville brought up the two following Bills vizt

A Bill for the better regulation of the Town of Newbern for securing the Titles of Persons who hold lots in the said Town, and for other purposes therein mentioned.

And a Bill for the punishment of Mutiny and Desertion and preventing the harbouring and entertaining of deserted soldiers.

Which Bills were read in this House the first time and passed.

The Bill for confirming the Town Lands of Edenton &c: was read in this House a second time and passed with Amendments.

The House adjourned till To morrow morning 10 o'clock.


Friday 15th October, 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rutherford Esqr
The Honble John Rieussett Esqr

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

Met pursuant to adjournment. Present as above.

The Bill for dividing the Parish of St Patrick in the County of Johnston into Two distinct Parishes was read in this House a third time and passed, ordered to be engrossed

Mr. Brown and Mr. Surry brought up a Bill for laying an Imposition upon the several articles therein mentioned, which Bill was read in this House the first time and passed.

The Bill for the relief of such persons as have suffered or may suffer by not having their Deeds and Mesne Conveyances proved and registered within the time heretofore appointed for such purposes and to prevent disputes and Law Suits concerning Lands was resumed and passed.

Mr. Benj: Harvey and Mr. Mackay brought up a Bill for establishing Public Roads and Ferries and for the better regulation of the same in several Counties which Bill was read in this House the second time amended and passed.

-------------------- page 673 --------------------

Mr. Harnett and Mr. Ashe brought up a Bill for ascertaining the method of proving Book Debts.

The House adjourned till Tomorrow morning 9 o'clock.


Saturday 16th October 1756. Met pursuant to adjournment
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rutherford Esqr
The Honble John Rieussett Esqr

Mr. Barker and Mr. Blount brought up a Bill for confirming the Town Lands of Edenton &c:

The Bill for ascertaining the method of proving Book Debts, was read in this House the third time and passed. Ordered to be engrossed.

Mr. Harnett and Mr. Davis brought up a Bill to amend and continue an act intituled an act for granting to his Majesty a Duty upon the Tonage of Ships and other vessels coming into this Province for the purpose therein mentioned which Bill was read in this House the first time and passed with amendments.

The Bill for confirming the Town Lands of Edenton &c: was read in this House the third time and rejected.

Mr. Moore and Mr. Relf brought up the Two following Bills viz:

A Bill for the relief of such persons as have suffered or may suffer by not having had their Deeds and Mesne Conveyances proved and registered within the time heretofore appointed for such purposes and to prevent disputes and Law suits concerning Lands.

And a Bill for consolidating the Parishes of St John and St Peter in the County of Pasquotank. Which Bills were read in this House the third time and passed.

Ordered to be engrossed.

This House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

Mr. Benj: Harvey and Mr. Griffith Jones brought up the following Bills vizt

A Bill for the punishment of mutiny and desertion and preventing the harbouring of and entertaining deserted soldiers And a Bill for establishing Public Roads and Ferries and for the better regulation of the same in several Counties.

The Bill for reestablishing several Counties and Towns and for other purposes: was read in the House a second time, amended and passed.

-------------------- page 674 --------------------

The following message was brought from his Excellency the Governor by Mr. Secretary.

Mr. President and Gent of his Majesty's Council,

Having received Instructions from his Majesty to fix upon a proper situation for the seat of Government and the Lords Commissioners of Trade having represented to me that it should be laid out in a healthy situation the most central that may be for the benefit of the whole Province and that they think it proper to advise his Majesty that it should be somewhere upon the River Neuse. But as the Province must be at the expence of several public Buildings, his Majesty will not fix the place until the Council and Assembly of the Province view the several Situations on the River and represent by address to him which place they think will be most healthy and convenient for the several Inhabitants of the Province. Therefore desire that you may take it into consideration and after viewing the situations on the River you may choose the most convenient place, that I may lay your address before his Majesty.

ARTHUR DOBBS.

The Bill for establishing public roads and Ferries and for the better regulation of the same in several counties was read in this House the third time, and passed. Ordered to be engrossed.

The Bill for punishing of Mutiny and desertion and preventing the harbouring and entertaining deserted Soldiers was read in this House a second time and passed.

This House appointed the Honble Francis Corbin and the Honble Lewis De Rosset Esqrs a Committee to prepare an address to his Majesty.

The House adjourned till Monday morning 10 o'clock.


Monday. 18th October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rieussett Esqr

Mr. Whitmell and Mr. Walton brought up the two following Bills viz:

A Bill for the better regulation of the Town of Wilmington and a Bill for granting to his Majesty an aid of £3,400 to defray the expence of erecting a Fort, raising and paying two companies for the defence of the Western Frontier of this Province.

The Bill for the better regulation of the Town of Wilmington was read in this House a second time amended and passed.

-------------------- page 675 --------------------

Mr. Brown and Mr. Mackey brought up a Bill for establishing the Titles of the Freeholders in Edenton for laying a Tax for finishing the church begun in the said Town, and for the further improvement and better regulation thereof which Bill was read in this House the first time and passed.

The Bill for granting to his Majesty an aid of £3,400 to defray the expence of erecting a Fort raising and paying two companies for the defence of the Western Frontier of this Province, was read in this House the first time and passed.

Mr. Fonville and Mr. Bartram brought up the two following Bills viz:

A Bill to amend an act intituled an act for impowering the several Commissioners thereinafter named to make mend and repair all roads, cuts, bridges and water courses already laid out or hereafter to be laid out in the several counties and Districts thereinafter appointed in such manner as they judge most usefull to the Public and other purposes, which Bill was read in this House the first time and passed—And a Bill for reestablishing several Counties and Towns and for other purposes.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

Mr. Blount and Mr. Ashe brought up the three following Bills vizt

A Bill to amend an act intituled an act to restrain the exportation of bad and unmerchantable Tobacco and for preventing frauds in his Majesty's customs.

A Bill for the punishment of Mutiny and desertion and preventing the harbouring and entertaining of deserted soldiers, which Bill was read in this House the third time and passed. Ordered to be engrossed

And a Bill to prevent the depreciating of the Public Bills of Credit of this Province, which Bill was read in this House the first time and rejected.

Mr. Barker and Mr. Davis brought up a Bill for laying Tax for repairing the Court House in Edenton, which Bill was read in this House the first time and passed

The Bill to amend an act intituled an act to restrain the exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majesty's customs was read in this House the first time and passed.

The House adjourned till Tomorrow morning 9 o'clock.


Tuesday. 19th October 1756. Met pursuant to adjournment.
-------------------- page 676 --------------------
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rieussett Esqr

Mr. Cade and Mr. Davis brought up the following Bills vizt

A Bill to prevent the unlawfull Killing and destroying of Slaves which Bill was read in this House the third time and rejected.

A Bill for an act to impower James Hasell Esqre only acting Executor of the last Will and Testament of Nathaniel Rice Esqre deceased to make sale of certain Lands lately belonging to the said Nathaniel Rice, devised to his Grandchildren Nathaniel, John, Sarah and Mary Rice Minors—which Bill was read in this House the first time and ordered to lie on the Table till To-morrow.

Mr. Brown and Mr. Mackey brought up the following Bills viz:

A Bill for the better payment of Bills of Exchange and Promisory notes of Hand, which Bill was read in this House the first time and passed.

A Bill for establishing the Titles of the Freeholders in Edenton for laying a Tax for finishing the Church begun in the said Town and for the further improvement and better regulation thereof, which Bill was read in this House the second time amended and passed.

A Bill for an Act to re-establish the Countys of Rowan and Cumberland

Which Bill was read in this House the first time and passed.

Mr. Davis and Mr. Bryan brought up a Bill for the better regulation of the Town of Newbern, for securing the Titles of persons who hold lots in the said Town.

Which Bill was read in this House the second time amended and passed.

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

Met pursuant to adjournment. Present as above.

The House adjourned till Tomorrow morning 9 o'clock.


Wednesday 20th October, 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rieussett Esqr

Mr. Ashe and Mr. Moore brought up a Bill for re-establishing the Counties of Rowan Cumberland and Orange, which Bill was read in this House the second time and passed.

-------------------- page 677 --------------------

Mr. Blount and Mr. Mackey brought up a Bill for establishing the Titles of the Freeholders in Edenton for laying a Tax for finishing the church begun in the said Town and for the further improvement and better regulation thereof. Which Bill was read in this House the third time and passed.

Ordered to be engrossed.

Mr. Ormond and Mr. Hutchins brought up a Bill for granting to his Majesty an aid of £3,400 to defray the expence of erecting a Fort, raising and paying two companies for the defence of the Western part of this Province. Which Bill was read in this House a second time amended and passed.

Mr. Ward and Mr. Harvey brought up a Bill to amend an Act intituled an act to restrain the exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majesties Customs. Which Bill was read in this House a second time amended and passed.

Mr. Caswell and Mr. Cade brought up the following Bills viz:

A Bill for the regulation of the Town of Wilmington. Which Bill was read in this House the third time and passed.

Ordered to be engrossed.

A Bill for laying a Tax on the Inhabitants of the Parishes of St Patrick and St Stephen. Which Bill was read in this House the first time and passed.

This House reassumed the consideration of a Bill for an Act to impower James Hasell Esqre only acting Executor of the last Will and Testament of Nathaniel Rice Esqre deceased to make sale of certain Lands late belonging to the said Nathaniel Rice devised to his Grandchildren Nathaniel, John, Sarah and Mary Rice Minors.

Mr. Davis and [Mr.] Fonville brought up a bill for the better regulation of the Town of Newbern and for securing the Titles of persons who hold Lots in the said Town, which Bill was read in this House the third time and passed.

Ordered to be engrossed.

The House adjourned 'till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

Mr. Moore and Mr. Bartram brought up a Bill to amend an Act intituled an Act for impowering the several Commissioners thereafter named to make, mend repair all roads, bridges, cuts and water courses already laid out or hereafter to be laid out in the several Counties and Districts therein after appointed in such manner as they judge most usefull to the public and other purposes. Which Bill was read in this House a second time amended and passed.

-------------------- page 678 --------------------

Mr. Cade and Mr. Walton brought up the following Bills. viz:

A Bill for laying a Tax on the Inhabitants of the Parish of St Patrick and St Stephen. Which Bill was read in this House the second time and passed.

A Bill to amend an act intituled an act to restrain the exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majesty's customs. Which Bill was read in this House the third time and passed. Ordered to be engrossed.

Mr. Bartram and Mr. Isaac Jones brought up the following Bills vizt

A Bill for re-establishing the Counties of Rowan Cumberland and Orange. Which Bill was read in this House the Third time and passed.

Ordered to be engrossed.

A Bill for an act to impower James Hasell Esqre only acting Executor of the last Will and Testament of Nathaniel Rice Esqre deceased, to make sale of certain Lands lately belonging to the said Nathaniel Rice devised to his Grandchildren Nathaniel, John, Sarah and Mary Minors.

Mr. Kinchin and Mr. Smith brought up a Bill for the better payment of Bills of Exchange and Promisory Notes of Hand. In the upper [house] read the second time and rejected.

Mr. Ward and Mr. Surry brought up a Bill for laying a Tax for repairing the Court House in Edenton, which Bill was read in this House the second time and passed.

The Bill for the establishing several Counties and Towns and for other purposes was read in this House the third time and passed.

Ordered to be engrossed.

The House adjourned till To-morrow morning 9 o'clock.


Thursday 21st October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rieussett Esqr

Mr. Harnett and Mr. Ashe brought up a Bill to amend and continue an act intituled an act for granting to his Majesty a Duty upon the Tonnage of ships and other vessells coming into this Province for the purpose therein mentioned, which Bill was read in this House a second time amended and passed.

Mr. Vail and Mr. Ashe brought up a Bill for granting to his Majesty an aid of £3,400 to defray the expence of erecting a Fort raising and paying two companies for the defence of the Western Frontier of this

-------------------- page 679 --------------------
Province Which Bill was read in this House the third time and passed. Ordered to be engrossed.

The Bill to impower the Executors of the last Will and Testament of Nathaniel Rice Esqre deceased and the Executors of the last Will of the late Mary Rice deceased effectually to execute the said Wills, was read in this House the second time amended and passed.

Mr. Vail and Mr. Ashe brought up the following Bills. vizt

A Bill for laying a Tax for repairing the Court House in Edenton—which Bill was read in this House the third time and passed. Ordered to be engrossed.

A Bill for laying a Tax on the Inhabitants of the Parishes of St Patrick and St Stephen. Which Bill was read in this House the third time and passed. Ordered to be engrossed.

Mr. Vail and Mr. Ashe brought up the following message. viz:

Gent of his Majesty's Honble Council,

The Chairman of the Committee of Accounts having reported that the Treasurers have paid into the said Committee One Thousand Eight Hundred and nine Pounds and Five pence Proclamation Money on account of the sinking Fund and the Chairman of the Committee of Claims reported that the said Committee had received Five Hundred Thirty nine pounds, nineteen shillings and six pence late Current Bills which said several sums by Law are to be burnt, This House have therefore appointed a Committee of the whole House in conjuction with such of your Honours as you shall think proper to appoint to see the said sums burnt at Four o'clock this afternoon at the House of Richard Magraw.

By order
SAM: SWANN Speaker.
Willm Herritage Clk

21st October 1756.

This House proceeded to choose a Committee to join the Committee of the other House to see the Bills paid in on the sinking Fund, and the old Bills burnt and they appointed the Honble James Murray James Innes and John Swann Esqrs a Committee for that purpose and sent down the following message vizt

Mr. Speaker and Gentlemen,

This House have appointed the Honble James Murray, James Innes and John Swann Esqrs a Committee to join the Committee of your House for burning the Bills paid in on the sinking Fund and the old Bills mentioned in your message of this day.

The House adjourned till 3 o'clock in the afternoon.

-------------------- page 680 --------------------

Met pursuant to adjournment Present as above.

The House adjourned till Tomorrow morning nine o'clock.


Friday 22nd October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rieussett Esqr

Mr. Moore and Mr. Harnett brought up the following Bills.

A Bill to impower James Hasell Esqre only Executor of the last Will and Testament of Nathaniel Rice Esqre deceased to make sale of certain Lands belonging to the said Nathaniel Rice devised to his Grandchildren, Nathaniel John, Sarah and Mary Minors, which Bill was read in this House the third time and rejected.

Mr. Moore and Mr. Harnett brought up A Bill to amend an act intituled an act for impowering the several Commissioners therein after named to make, mend and repair all roads, bridges, cuts and water courses already laid out, or hereafter to be laid out, in the several Counties and Districts therein after appointed in such manner as they judge most usefull to the Public and other purposes. which Bill was read in this House the third time and ordered that the following message be sent to the Lower House

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill to amend an act, intituled an act for impowering the several Commissioners therein after named, to make, mend and repair all roads, bridges cuts and water courses already laid out or hereafter to be laid out in the several Counties and Districts therein after appointed in such manner as they shall judge most usefull to the public and other purposes.

This House proposed to leave out the whole clause relating to the Ferry between Bath Town and Core point to which we desire your concurrence and that you would be pleased to send two of your members to see that amendment made.

Mr. Fonville and Mr. Bartram brought up a Bill to amend and continue an act, intituled an act for granting to his Majesty a Duty upon the Tonage of Ships and other vessels coming into this Province for the purpose therein mentioned. Which Bill was read in this House the third time and ordered that the following message be sent to the Lower House vizt

-------------------- page 681 --------------------

Mr. Speaker and Gent of the Assembly

On reading the third time the Bill to amend and continue an act intituled an act for granting to his Majesty a Duty upon the Tonage of ships and other vessels coming into this province for the purpose therein mentioned, We find you have struck out the clause for appropriating the Powder and shot already received or that may hereafter be received at Cape Fear for the use of Fort Johnston. We propose to reinsert the said clause and for that purpose if you concurr we desire you would send up Two of your members to see the same done.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

Mr. Ashe and Mr. Blount brought up the Two following messages,

Gentlemen of his Majesty's Honble Council,

The House can't agree to the incerting the Clause you propose in the Bill to amend and continue an act intituled an act for granting to his Majesty a Duty upon the Tonage of ships and other vessels coming into this Province for the purposes therein mentioned as we are of opinion it ought to be in the power of the Governor or commander in chief of this Province to order from time to time the Powder received in the several Ports to such places within this Government where the same may be most wanted for the protection and defence thereof.

By order
SAM: SWANN. Speaker.
Willm Herritage Clk

22d October 1756.

Gentlemen of his Majesty's Honble Council,

In answer to your message of this day relating to the Bill to amend an act intituled an act for impowering the several Commissioners therein after named to make, mend and repair all Roads &c: This House do concurr to strike out the clause you mentioned and have sent Mr. Ashe and Mr. Blount to see the same done.

By order
SAM: SWANN. Speaker.
Willm Herritage Clk

22d October 1756.

This House reassumed the consideration of the following Bills,

A Bill to amend an act intituled an act for impowering the several Commissioners therein after named to make, mend and repair all roads, bridges &c:

-------------------- page 682 --------------------

And a Bill to amend and continue an act intituled an act for granting to his Majesty a Duty upon the Tonage of ships &c:

The question being put, the said Bills past Ordered to be engrossed.

This House taking into consideration his Excellency's message of the 9th Instant have come to the following resolves, vizt: That they will concurr with the other House in making such provision for the soldiers his Majesty shall be graciously pleased to send over for the garrisoning the Forts and Fortifications on the sea coast of this Province, as is made by the neighbouring Provinces. And sent the following address to his Excellency, vizt

Sir

We his Majesties most dutifull and loyal subjects the Council of this Province having taken into consideration your Excellency's message of the 9th instant relative to the supplying with Provisions a company of men to be sent by his Majesty for the garrisoning the several Forts and Batteries, erecting at Cape Fear, Core Banks and Topsail Inlet, have come to a resolve thereon, a copy of which together with an address to his Majesty, We herewith present to your Excellency, and beg you would be pleased to transmit the said address to his Majesty.

Then the Committee appointed to draw up an Address to his Majesty presented the same which being read was ordered with the above address to be delivered to his Excellency. And is as follows viz:

To the Kings most excellent Majesty

The Humble address of the Council of North Carolina

Most gracious Sovereign

We your Majesty's most dutifull and faithfull subjects the Members of your Council for this Province now met in General Assembly beg leave to return your Majesty our unfeigned thanks for your Paternal regard not only for this Province in particular But also for your Royal care and Bounty for the preservation of the other American Colonies.

We therefore humbly presume to represent to your Majesty the defenceless condition of this your Majesty's Province of North Carolina, and the danger to which our Frontiers are exposed which are liable to be attacked by the French and their Indian Allies and as we have been at considerable expences not only in sending assistance to Virginia and erecting Batteries on the sea Coasts which are conveniently situated for the Protection of our Trade yet will be rendered useless to us for want of Garrisons Artillery and proper ordnance Stores.

-------------------- page 683 --------------------

Your Majesty's Paternal Care and constant attention to the Prosperity and happiness of all your subjects encourage us in time of our real necessity to implore your Majesty's gracious Favour and Protection and that you will be pleased to order for our assistance such artillery, ordnance stores and men as may in your Majesty's great wisdom be thought convenient for us, which we humbly conceive will be a great means of securing not only our Trade and Commerce, but also of preventing a Province, remarkable for naval Stores and Provisions from being attacked by your Majesty's most perfidious Enemies the French, who have long had an Eye on this and the neighbouring Province of Virginia on account of the native produce of each Colony.

With the greatest deference to your Majesty's sacred person we beg leave to express our just abhorence of the unjustifiable encroachments, made on your Majestie's Territories not only in Europe but also in America, by the common disturbers of mankind and at the same time acknowledge with the warmest sentiments of gratitude your Majesty's wisdom and Fatherly care of these your American Colonies, and the prudent and wise measures entered into by your Majesty for their preservation, by which we have still the happiness of enjoying our civil and religious Liberties.

The sensibility of the many and great blessings we enjoy under the illustrious House of Hanover will animate us to exert our utmost abilities on all occasions at the hazard of our Lives and Fortunes in the defence of your most sacred person and family, your rights and possessions.

By order
MATT: ROWAN. P. C.
Jno Smith Clk

Council Chamber Newbern. 22nd October 1756.

The House adjourned till To-morrow morning 9 o'clock.


Saturday 23rd October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr and
The Honble John Rieussett Esqr

This House taking into their consideration his Excellency's Message of the 16th Instant relative to the fixing on a proper Situation for the seat of Government,

Resolved, that the Honble Matthew Rowan, James Murray, John Rutherford John Swann and John Dawson Esqrs be a Committee of this House to view the several situations on the River Neuse and such other

-------------------- page 684 --------------------
places as they think proper for that purpose and to report their proceedings to the next Session of Assembly.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment Present as above.

Received from the Lower House the following Message. viz:

Gentn of his Majesty's Honble Council

The time which Mr. James Davis undertook to convey all Letters, expresses and dispatches relating to this Province to any part thereof and from Newbern every fifteen days to send a Post Boy by way of Edenton to Suffolk in Virginia and from Newbern aforesaid to Wilmington on Cape Fear River for the Term of one year being expired This House is of opinion it will be for the service of the public to imploy the said James Davis one other year for the service aforesaid, he being willing to undertake the same for the same Salary paid him for the like service the last year.

This House have resolved that James Davis be employed for the said Service and that he be paid the sum of one Hundred and six Pounds, six Shillings and eight Pence Proclamation Money out of the surplus of the printing Tax Fund, at two payments half yearly, by a warrant from the Governor or Commander in Chief as the said salary becomes due, to which desire your Honours concurrence.

By order
SAM: SWANN Speaker.
Willm Herritage Clk

23rd October 1756.

To which the House concurred.

Received from the Lower House the Reports of the Committees of Accounts and Claims with the following message, viz:

Gentln of his Majesty's Honble Council

We send you herewith the report of the Committee of Accounts in which we have made some alterations, and the report of the Committee of Claims in which we have made some alterations and allowances, and to the said reports as they now stand desire your Honours concurrence.

By order
SAM: SWAN, Speaker.
Wm Herritage, Clk

23rd Octr 1756.

Concurred with. The ninety seven pounds Ten shillings borrowed from the money for Fort Johnston to be replaced. In the upper House 23 Octr 1756.

MATT: ROWAN, P. C.
-------------------- page 685 --------------------

Received from the Lower House the following message, vizt

Gentn of his Majesty's Honble Council,

We find by the Report of the Committee of Accounts that there is paid into the said Committee the sum of Three Hundred Sixty Two Pounds, Fifteen shillings and Ten Pence the Ballance of the Eleven Thousand Pounds received by Col: Innes out of the Twelve Thousand Pounds granted in the year One Thousand Seven Hundred and Fifty Four, and also one Hundred forty nine Pounds six shillings and nine pence surplus of the Printing Tax paid by Mr. Barker into the said Committee which sums amount to Five Hundred and Twelve Pounds Two shillings and seven Pence Proclamation Money this House have therefore resolved that the said Money be applyed towards paying the Members of his Majesty's Council Members of Assembly Clerks and Officers of both Houses this Session to which desire your Honrs concurrence.

By order
SAM: SWANN. Speaker.
Wm Herritage. Clk

23rd Octr

Concurred with as far as relates to the £149.6.0. the surplus of the Printers Tax. But this House cannot consent to alter the former appropriation of the £362.15.10, received of Col: Innes.

MATT: ROWAN, P. C.

Resolved that the following Message be sent to his Excellency the Governor.

Sir

In obedience to your Excellency's Message of the 16th Instant this House have appointed the Honble Matthew Rowan James Murray, John Rutherford John Swann and John Dawson Esqrs a Committee to view the several places that may be proposed as proper for the seat of Government and to make report to the next Session of Assembly.

The House adjourned till Monday morning 9 o'clock.


Monday 25th October 1756. Met pursuant to adjournment.
Present.
The Honble Matthew Rowan Esqr
The Honble Francis Corbin Esqr
The Honble James Murray Esqr
The Honble John Swann Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Rieussett Esqr

Received from the Lower House the following Resolve by Mr. Mackey and Mr. Harnett.

-------------------- page 686 --------------------

North Carolina—ss.

In the Assembly Resolved That the Treasurer pay unto the order of his Excellency the Governor seventy pounds five shillings and seven pence half penny Proclamation Money being for the like sum paid by his Excellency for the use and subsistance of the French Familys who have to instruct the Inhabitants of this Province in raising and winding silk and raising White Mulberry Trees which sum when paid will release all further or other demands on that account from those Families on the Public, to which desire your Honours concurrence.

By order
SAM SWANN Speaker.
Wm Herritage Clk

25th Octr 1756.

Mr. Relf and Mr. Vail brought up an estimate of the allowances due and payable to the several Members of the Lower House, also of the Clerk and other Officers thereunto belonging—which estimate was concurred to by this House.

His Excellency the Governor came to this House and ordered the immediate attendance of the Lower House.

Whereupon Mr. Speaker attended by the Lower House waited on his Excellency in the Council Chamber and presented to his Excellency the subsequent acts, vizt

1.> An Act to limit the time for holding County Courts and other purposes.

2. An Act for dividing the Parish of Edgecombe in the parish of Edgecombe into two distinct Parishes.

3. An Act for the better regulation of the Militia and other purposes.

4. An Act for erecting a new Court House, Prison, Pillory and Stocks in Pasquotank County.

5. An Act for adjourning the County Court of Beaufort.

6. An Act to amend an act intituled an act for establishing the Supreme Courts of Justice &c.

7. An Act to impower the Sheriff of Granville and collector of the Levies of the Taxes of St John's &c: to collect the Public County and Parish Levies on the Taxable persons within the same.

8. An Act for dividing the Parish of St Patrick in Johnston County.

9. An Act for ascertaining the method of proving Book Debts.

10. An Act for consolidating the Parishes of St John and St Peter in Pasquotank County.

11. An Act for the relief of such Persons as have suffered or may suffer by not having had their Deeds and Mesne conveyances proved and registered within the time heretofore appointed for such purposes &c.

-------------------- page 687 --------------------

12. An Act for the punishment of Mutiny and Desertion &c.

13. An Act for establishing public roads and Ferries &c.

14. An Act for establishing the Titles of the Freeholders in Edenton &c.

15. An Act for the better regulation of the Town of Newbern &c.

16. An Act for the better regulation of the Town of Wilmington.

17. An Act to amend an act intituled an act to restrain the exportation of bad and unmerchantable Tobacco and for preventing Frauds in his Majesty's customs.

18. An Act for re-establishing several Counties and Towns.

19. An Act for re-establishing the Counties of Rowan, Cumberland and Orange.

20. An Act for granting to his Majesty an aid of Three Thousand Four Hundred Pounds &c.

21. An Act for laying a Tax for repairing the Court House of Edenton.

22. An Act for laying a Tax on the Inhabitants of the Parishes of St Patrick and St Stephen.

23. An Act to amend an Act intituled an Act for impowering the several Commissioners thereinafter named to make, mend and repair all roads, bridges, cuts and water courses already laid out &c.

24. An Act to mend and continue an act intituled an act for granting to his Majesty a Duty upon the Tonage of Ships and other vessels coming into this Province &c.

To all which His Excellency assented.

The House adjourned till 3 o'clock in the afternoon.

Met pursuant to adjournment. Present as above.

Mr. Moore and Mr. Relf brought up the following message vizt

Gentlemen of his Majesty's Honble Council,

This House have resolved that his Excellency may and is hereby impowered to apply the surplus of the sum of Twelve Thousand Pounds appropriation by an act of Assembly passed at Wilmington the nineteenth day of February in the year of our Lord One Thousand Seven Hundred and Fifty Four towards defraying the expence of raising and subsisting the Forces for his Majestys Service in the Province to be sent to the assistance of Virginia (not yet apply'd) and the surplus of the sum of Eight Thousand Pounds granted to his Majesty by an act of Assembly passed the Twelfth day of December in the year of our Lord One Thousand Seven Hundred and Fifty Four for the defence of the Frontier of this Province and other Purposes, towards making up any deficiency that may happen to be in the sum of Ten Thousand Pounds

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granted as a further aid to his Majesty to repell the French and Indians in their alliance from their encroachments on his Majesty's Territories in America and other purposes by an act of Assembly passed at Newbern the Twenty Fifth day of September in the year of our Lord One Thousand, Seven Hundred and Fifty Five and in case the surplus of the said Twelve Thousand Pounds and Eight Thousand Pounds shall not make good such deficiency this House will further provide for the same next Session. To which desire your Honours concurrence.

By order
SAM: SWANN. Speaker.
Wm Herritage Clk

25th Octr 1756.

In the Upper House concurred with.

This House sent to the Assembly their estimate of Wages &c. amounting to one Hundred Eighty Five Pounds and four pence which was concurred to with the addition of Ten Pounds to the Rev: Mr. James Reed for his Services this Session.

His Excellency the Governor was pleased to prorogue the Assembly to Friday the 18th day of March 1757.

True Copy. Test:
JNo SMITH,
Clerk of the Upper House of Assembly.



Additional Notes for Electronic Version: This legislative journal was sent with a letter from Arthur Dobbs - See Related Documents.