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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
May 16, 1757 - May 28, 1757
Volume 05, Pages 843-868

[From MSS. Records in Office of Secretary of State.]

North Carolina—ss.

At an Assembly begun and Held at New Bern the Twelfth day of December in the Year of our Lord One Thousand seven Hundred and Fifty Four in the Twenty Eighth year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King (and so forth) and from thence Continued by several Prorogations to the Sixteenth day of May in the Year of our Lord One thousand Seven Hundred and Fifty Seven at New Bern, being the fourth Session of this Present Assembly.

Members Present
Samuel Swann Speaker
Mr. Robert Harris
Mr. Benja Wynns
Mr. Wm Spiers
Mr. Thomas Smith
Mr. George Moore
Mr. Frans Ward
Mr. Wm Mackey
Mr. Joseph Bell
Mr. John Harvey Sen
Mr. Saml Swann jr
Mr. James Conner
Mr. Willm Williams
Mr. John Fonville
Mr. Jacob Blount
Mr. Benja Harvey
Mr. James Paine
Mr. Jno Harvey Junr
Mr. Thos Relf
Mr. William Wyatt
Mr. John Ashe
Mr. John Starkey
Mr. John Surry
Mr. Wm Shergold
Mr. John Hardy
Mr. Thos Whitmell
Mr. Edwd Vail
Mr. Saml Spruel
Mr. Thos Lovick
Mr. Thos Weeks
Mr. James Davis

On motion Ordered that Mr. John Harvey and Mr. John Ashe wait on His Excellency the Governor and acquaint him this House is met and ready to Proceed on Business.

Mr. Harvey and Mr. Ashe returned and acquainted the House that His Excellency as soon as he had met the Council would send a Message to require the Attendance of this House

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

-------------------- page 844 --------------------

Mr. Speaker with the House waited on His Excellency the Governor in the Council Chamber where His Excellency made a Speech to His Majesty's Honorable Council and this House.

The House returned and Mr. Speaker Acquainted the House that His Excellency the Governor had made a Speech to His Majesty's Honble Council and this House a Copy of which to prevent Mistakes he had Obtained, which Mr. Speaker laid before the House.

On motion Ordered the same be read Read the same, and Ordered it be Entered on the Journal of the House. The same is Entered as follows Vizt

[For the Governor's Speech, see Journal of Upper House.—Editor.]

On motion Ordered that Mr. John Harvey Junr Mr. Starkey, Mr. Samuel Swann Junr Mr. George Moore and Mr. Benjamin Wynn Prepare an address in answer to His Excellency the Governors Speech.

Then the House adjourned till 4 o'clock Afternoon.

P. M. The House met according to adjournment.

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


Tuesday the 17th of May 1757. The House met according to adjournment.

Mr. Starkey from the Committee appointed to Prepare an Address in Answer to the Governors Speech acquainted the House that the said Committee had prepared the same which he Presented to the House and read the same in his Place.

Ordered the same stand the Address of this House and be Entered on the Journals thereof, as follows, to wit.

To His Excellency Arthur Dobbs Esqr Captain General Governor and Commander in Chief in and over His Majestys Province of North Carolina.

The Address of the Assembly of this Province.

Sir

With Grateful hearts we acknowledge this fresh Instance of His Majestys goodness (who is the Common father of His People) in placing a Nobleman of Lord Loudoun's known abilities and amiable Character at the head of the Military Affairs on this Continent. As the large supplies granted and Numerous Forces Imployed for Prosecuting this Just and Necessary War shew the sense the British Nation have of the Importance of her Colonies so we have great reason to expect thro' the Blessing of God (without which the best schemes of men must prove Abortive)

-------------------- page 845 --------------------
that the Prudent Measures taken and the Vigorous Operations of this Campaign will change the Face of things and remove those Evils which we have felt and others we had reason to fear from the near Neighbourhood of our formidable and restless Enemies the French and their Indian Allies and Secure to us and our latest Posterity those Invaluable Blessings Religious and Civil we Enjoy under the British Constitution.

We beg leave to Congratulate your Excellency on your safe return in health to your Government after that long Fatigueing Journey to the Congress at Philadelphia in such an Early Season of the year, It's not Unknown to your Excellency how chearfully and Largely we have contributed in support of the common cause against our Enemies and Thereby have contracted a large Debt and are burthened with heavy Taxes heretofore unknown in this Province Notwithstanding which we assure your Excellency we shall with the like Alacrity raise such supplies as will enable you to Execute so much of the concerted Plan of Operations as can be reasonably Expected and our needy circumstances will admit in such a manner as will be least burthensome and distressive to our Constituents.

We thankfully accept His Majestys Favour in his granting Artillery and Ordnance Stores for Fort Johnston and are greatly Obliged to your Excellency for the Pains you have taken in your solicitations to obtain it when they arrive here this House will make Proper Provision for the safe keeping of them.

The Public Concerns recommended by your Excellency are now before us and shall meet with no delay more than the usual forms and the Importance the matter may require.

Resolved that the Reverend James Reed be appointed Chaplain to this House.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

Mr. Caswell and Mr. Cade the two members for Johnston County appeared and took their Seats in the House.

Mr. Houston one of the members for Duplin County appeared, and Mr. Harnett the member for Wilmington appeared also and took their Seats in the House.

On motion Ordered That Mr. Ashe and Mr. Harvey wait on his Excellency the Governor and desire he would acquaint the House when they shall wait on him with the address thereof.

Mr. Ashe and Mr. Harvey returned and acquainted the House that His Excellency the Governor returned for Answer to the above message that he would receive them this afternoon.

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On motion made to the House by John Starkey Esqr Public Treasurer for the Southern District that Mr. James Carter one of the members thereof for Rowan County having been Intrusted together with one Mr. John Brandon with the Sum of Five Hundred Pounds Proclamation Money to be by them applyed in Purchasing arms and ammunition for the Defence of the Frontier County of Rowan and have neglected to Apply the said Money for the Purposes aforesaid and also have hitherto neglected to Account for the same and further moved That the said James Carter may be called by this House to answer for such his neglect.

Resolved, That the said James Carter have notice from the Speaker to attend this House next Session of Assembly to answer in that Behalf accordingly.

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

Mr. Speaker with the whole House waited on his Excellency the Governor in the Council Chamber when Mr. Speaker presented to His Excellency the Address of this House to which His Excellency was pleased to Answer as follows (to wit)

Gentn

The Zeal you have already shewn and now express for supporting his Majestys rights and Possessions and the Public good of the Colonies and your dependance on Divine Providence in supporting the necessary Measures to be executed for the Security of our Civil and religious rights gives me great Satisfaction

The true sense you have of His Majestys Paternal care of all the Colonies and Particularly for the safety of this Province and your Resolution to do the utmost in your present Circumstances that this Colony can do to raise the Quota Expected from you must be highly Agreeable to His Majesty.

I return you my best acknowledgements and thanks for the satisfaction you Express at my safe return and of my best endeavours to serve His Majesty and this Province.

The House returned

On motion Resolved that a Sum not exceeding Four Thousand Pounds be granted to His Majesty for the Defence of the Frontier of this Province and for the Assistance of South Carolina against the French and their Indian Allies.

Mr. Starkey moved that the House on Thursday morning next Resolve into a Committee of the whole House to consider of ways and means for raising a sum not exceeding Four Thousand Pounds for the Defence of

-------------------- page 847 --------------------
the Frontier of this Province and for the Assistance of South Carolina against the French and their Indian Allies.

Resolved That the House resolve into a Committee of the whole House on Thursday morning next to Consider of ways and means for raising a Sum not exceeding Four Tousand Pounds for the Defence of the Frontier of this Province and the Assistance of South Carolina against the French and their Indian Allies.

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


Wednesday the 18th of May 1757. The House met according to Adjournment.

Then the House Adjourned till 9 o'Clock tomorrow morning.


Thursday the 19th of May 1757. The House met according to Adjournment.

Mr Joseph Herron and Mr. Dempsy Sumner and Mr. Thomas Walton Three of the Members for Chowan County appeared and took their Seats in the House.

Mr. William Murphree the Member chosen and returned for the County of Northampton in the room of Mr. James Washington appeared took the Oaths appointed for his Qualification Subscribed the Test and took his Seat in the House.

Mr. Smith Produced a Certificate from the County Court of Hide therein recommending Joseph Parson of Hide County to be exempt from Paying Taxes and doing Public Duties.

Ordered he be exempt accordingly.

Mr. Harnett Presented the Petition of Daniel Dunbibin setting forth that he hath with Great Pains and Expence surveyed great part of the Coast of North and South Carolina and that the Expence which has attended the same is much larger than he expected and much more than he has Received from Subscriptions for that Purpose, praying this House would take the same into Consideration and grant him such a sum as shall be thought necessary to compleat the said survey and get the same Published.

Ordered the same lye on the Table for Consideration.

The Order of the day being read the House on motion Resolved into a Committee of the whole House to Consider of ways and means for raising a Sum not exceeding Four Thousand Pounds for the Defence of the Frontier of this Province and for the Assistance of South Carolina against the French and their Indian Allies

Mr. John Harvey Junr was unanimously Chosen Chairman of the said Committee and was placed in the Chair Accordingly

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After some time spent therein and several Propositions made the Committee came to several Resolutions which Mr. Chairman was directed to report to the House

Then on motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had come to the following resolutions for raising the sum of Four Thousand Pounds which he submitted to the House as follows (to wit)

That the most eligible way to raise the said sum of Four Thousand Pounds is by a Poll Tax on the Taxable Persons in this Province of one Shilling and six Pence for one year, and Two Shillings and eight Pence on each Hundred Acres of Land hereafter to be granted to any Person by Warrant Issuing out of the Secretarys Office and also the said Sum of Two Shillings and Eight pence for every Hundred Acres of Land granted by Warrant Issuing out of the Office of Earl Granville for two Years.

That Two Shillings and eight pence be paid for Two Years on each Transferr of Land from One Person to Another.

That seven Shillings and six pence shall be paid on each Action that shall hereafter be Commenced in any of the Supreme Courts of this Province

That five Shillings shall be paid on Each Action that shall hereafter be Commenced in each of the County Courts within this Province

That Twenty Shillings be paid on each Tavern Licence that shall hereafter be taken Out

That for the speedy Payment of the said Four Thousand Pounds Printed Notes of the following Denominations be Emitted (to wit) Ten Shillings, Twenty Shillings, Forty Shillings and Five Pounds at six cent Interest per annum and that the said notes be sunk by the said Taxes as they shall be paid in.

Resolved the House agree to the Report of the said Committee

On motion Ordered that Mr. John Starkey, Mr. John Harvey Junr, Mr. John Campbell, Mr. Swann, Junr, Mr. Caswell, Mr. Ashe, Mr. Brown, Mr. Harnett, Mr. Wynns, Mr. Herron and Mr. Davis do prepare and bring in a Bill for raising the sum of Four Thousand Pounds Pursuant to the above report.

Then the House adjourned till 4 o'Clock Afternoon

P. M. The House met according to Adjournment.

Then the House Adjourned till 4 o'Clock tomorrow Afternoon


Fryday the 20th of May 1757. The House met according to Adjournment
-------------------- page 849 --------------------

Mr. Starkey from the Committee appointed to prepare and bring in a Bill for granting a Further Aid to His Majesty for the Assistance of South Carolina and the Defence of the Frontier of this Province and other Purposes Reported that the said Committee had Prepared the Bill which he read in his Place and delivered in at the Table where the same was again read by the Clerk.

Ordered the same pass and be sent to the Council

Sent the same to the Council by Mr. Harvey and Mr. Harnett

Mr. Brown one of the Commissioners Appointed for Viewing the Western Settlements and report their present condition and at what part of the Frontier they think it will be most [suitable] for the safety of the Inhabitants that a Fort should be Built, And also to Inspect the present Condition of Fort Dobbs, Reported that he together with Mr. Richard Caswell one of the other Commissioners had viewed the Western Settlements and that the said Settlements were in a Defenceless Condition except that part near Fort Dobbs and that they recommended to this House a certain Place for Building a Fort near the Catawba Nation as by a Plan annexed to the said report Appears, And that they had likewise viewed the State of Fort Dobbs and found it to be a good and Substantial Building of the Dimentions following (that is to say) The Oblong Square fifty three feet by forty, the opposite Angles Twenty four feet and Twenty-Two In height Twenty four and a half feet as by the Plan annexed Appears, The Thickness of the Walls which are made of Oak Logs regularly Diminished from sixteen Inches to Six, it contains three floors and there may be discharged from each floor at one and the same time about one hundred Musketts the same is beautifully scituated in the fork of Fourth Creek a Branch of the Yadkin River. And that they also found under Command of Capt Hugh Waddel Forty six Effective men Officers and Soldiers as by the List to the said Report Annexed Appears the same being sworn to by the said Capt in their Presence the said Officers and Soldiers Appearing well and in good Spirits. Signed the 21st day of December 1756.

FRANCIS BROWN.
RICHARD CASWELL.

Which said Report the House Approved of.

Mr. Wynns laid before the House a Certificate from the County Court of Bertie, thereby Certifying that Thomas Hardy is Deaf and Dumb and recommending him to this House to be Exempt from paying Public Taxes and doing Public Duties.

Ordered he be exempt accordingly

-------------------- page 850 --------------------

Mr. Wynns laid before the House a Certificate from the County Court of Bertie thereby Certifying that Alexander Oliver is a very Poor man and recommended him to be Exempt from paying Public Taxes.

Ordered he be exempt accordingly.

Mr. Wynns laid before the House a Certificate from the County Court of Bertie thereby certifying That Thomas Asheley is very aged and Poor and recommended him to be exempt from paying Public Taxes.

Ordered he be exempt accordingly.

Mr. Wynns laid before the House a Certificate from the County Court of Bertie thereby certifying that Walter Drohon is very aged and afficted with many infirmities and recommending him to be exempt from paying Public Taxes.

Ordered he be exempt accordingly.

On motion Resolved that for the future any Member of this House being absent therefrom on the Third day after the time appointed by Prorogation for Meeting Inclusive shall be sent for in Custody at such absent Members Expence.

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


Saturday the 21st of May 1757. The House met according to adjournment.

Mr. Thomas Barker and Mr. Wyriot Ormond appeared and took their seats in the House.

Received from the Council the Bill for Granting a further aid to His Majesty for the Assistance of South Carolina and the Defence of the Frontier of this Province and other Purposes. Endorsed 20th May 1757 In the Upper House read the first time and passed.

On motion Ordered that the Bill for granting a further Aid to his Majesty for the Assistance of South Carolina &c be read.

Read the same, and on motion Resolved That the House Resolve into a Committee of the Whole House to Consider the Subject Matter of the said Bill and Chose Mr. Ormond Chairman who was placed in the chair accordingly.

After some time spent therein On motion Resolved That Mr. Speaker resume the chair.

Mr. Speaker resumed the chair.

Mr. Chairman Reported to the House that the Committee had taken the above Bill into consideration and had agreed to several Amendments which for want of time to reduce to form moved that the Committee sit again this Afternoon.

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Resolved that the House resolve into a Committee of the whole House his afternoon to reduce the Amendments to the said Bill into form and report the same.

Then the House adjourned till 5 o'clock Afternoon.

P. M. The House met according to adjournment.

Pursuant to the resolve of this morning the House on motion resolved into a Committee of the whole House to take under consideration the Bill for Granting a further Aid to His Majesty &c and to reduce the Amendments thereto Proposed this morning into form and Mr. Chairman took the Chair.

The Committee proceeded on the said Bill and reduced the several Amendments thereto proposed into form which Mr. Chairman was directed to Report to the House.

Then on motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had taken under consideration the said Bill and proposed several Amendments thereto which he read in his place and to several of them the House agreed and ordered they be Incerted in the Bill.

The same were accordingly Incerted.

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


Monday the 23rd of May 1757. The House met according to adjournment.

Read the petition of Michael Fitzgarrell setting forth that he enlisted in his Majestys Service in the year 1756 under the Command of Capt Thomas McManus, and that he is disabled by a shot in his right arm and Wrist which he received during his Campaign that Year Humbly Praying Relief.

Ordered the Petitioner attend the House and that the Petition lye for Consideration.

Mr. Bartram laid before the House a Petition from Several of the Inhabitants of Bladen County Setting forth their great want of Currency and praying Relief.

Ordered the said Petition lye for Consideration.

Mr. Ashe laid before the House the Petition of Several of the Inhabitants of this Province Setting forth that there is a want of Paper Currency Praying Relief.

Ordered the same lye for consideration.

The House taking into consideration the Bill for Granting a further Aid to his Majesty &c.

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Ordered the same to be read a second time, the same was read a second time amended and Passed and Ordered to be sent to the Council with the said amendments.

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

Mr. Barker moved for leave to bring in a Bill to obviate Doubts concerning fees due on Proceedings in the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery &c.

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

Mr. Barker brought in the above said Bill which he read in his place and Delivered in at the Table where the same 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. Ashe and Mr. Williams.

Mr. Harnett moved for leave to bring in a Bill for Finishing the Church at Wilmington.

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

Mr. Harnett brought in the above said Bill which he read in his place and Delivered in at the Table where the same 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. Ashe and Mr. Williams.

Mr. Barker moved for leave to bring in a Bill for further Continuing an Act Intituled an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer in this Province and for other Purposes therein mentioned.

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

Mr. Barker brought in the above Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk.

Ordered the same pass and be sent to the Council.

Sent the above said Bill to the Council by Mr. Relf and Mr. Wynns.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to Adjournment.

Michael Fitzgarrell appeared pursuant to the Order of the House of this day and the House taking into consideration the subject Matter of the Petition of the said Fitzgarrell

Resolved That the said Petitioner have and receive the sum of Twenty Pounds to be paid him by Warrant from the Governor to the Public Treasurer out of the Money paid for defraying the Contingent Charges of Government.

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Received from the Council the Bill for furnishing the Church at Wilmington Endorsed the 23rd of May 1757 In the Upper House read the second time and passed

Read the Petition of Andrew Hampton setting forth that he hath Accommodated One Hundred and sixty Indians with Provisions for one Day, Praying an Allowance for the same

Resolved the same lye for Consideration.

Mr. Moore moved for leave to bring in a Bill to Impower James Hasell Esqr Only acting Executor of the last Will and Testament of Nathaniel Rice Esq. Deceased to make sale of Certain Lands late belonging to the said Nathaniel Rice Esqr Devised to his Grandchildren Nathaniel, John, Sarah and Mary Rice, Minors

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

Mr. Moore brought in the above said Bill which he read in his Place and delivered in at the Table where the same was again read by the Clerk.

Ordered the same be sent to the Council.

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

Mr. John Campbell moved that Commissioners be Appointed in the Counties of Granville, Orange, Rowan and Anson to Provide necessaries for the Indians in Alliance with us on their March in the Service of the Public from their Several Nations to and from Virginia or any Part of this Province.

The House taking the same under Consideration, Resolved That Mr. Robert Harris be Appointed Commissary for Granville County, Mr. James Watson for Orange County, Mr. George Smith for Rowan County, Mr. Martin Phifer for Anson County, and that they be Allowed Eight pence per Diem for each Indian that shall be found with necessaries agreeable to the above motion

Received from the Council the Bill for Continuing an Act Intituled an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer in this Province and for other Purposes therein mentioned Endorsed the 23d of May 1757 In the Upper House read the first time and passed

Mr. Harvey moved for leave to bring in a Bill to revive an Act to Establish a Public Ferry from Newbys 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

Mr. Harvey brought in the above said Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council

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

On motion Ordered that the Bill for the furthur Continuing an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer in this Province and for other Purposes therein mentioned be read a second time.

Read the said Bill a second time and passed with Amendments

Ordered the same be sent to the Council

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

On motion Ordered the Bill for finishing the Church at Wilmington be read a second time.

Read the same the second time and passed with Amendments

Ordered the same be sent to the Council.

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

Resolved the following Message be sent to the Council.

Gentlemen of his Majestys Honble Council,

This House have Resolved that Mr. Robert Harris be appointed Commissary for Granville County to Provide necessaries for the Indians in Alliance with us in their March in the Service of the Public from their Several Nations to and from Virginia or any part of this Province, and Mr. James Watson for Orange County, Mr. George Smith for Rowan County and Mr. Martin Phifer for Anson County for the purposes aforesaid and that they be allowed Eight pence per Diem for each Indian they shall so find with Necessaries to which Desire your Honours concurrence.

By order
SAMUEL SWANN, Speaker.
Wm Herritage Clk

23rd May 1757.

Sent the above Message to the Council by Mr. Whitmell and Mr. Cade.

Mr. Shergold moved for leave to absent from the Service of the House on account of his Indisposition.

Ordered he have leave to absent accordingly.

Mr. Campbell moved for leave to bring in a Bill to Revive an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort.

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

Mr. Campbell brought in the above said Bill which he read in his Place and delivered in at the Table where the same was again read by the Clerk Passed and Ordered to be sent to the Council.

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

On motion Resolved that no Bill this Session be received in the House after this day.

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


Tuesday the 24th of May 1757. The House met according to adjournment.

Received from the Council the Bill for Granting a further Aid to His Majesty for the Assistance of South Carolina &c. Endorsed the 23d of May 1757 In the Upper House read a second time Amended and passed.

Received from the Council the Message of this House of yesterday relating to the Appointment of Commissaries &c Endorsed in the Upper House of Assembly Concurred with and further Endorsed Assented to.

ARTHUR DOBBS.

On motion Ordered that no person that is or shall be exempt from paying Taxes shall vote for a Representative or Representatives in Assembly for any County or Town in this Province.

On motion Ordered that the Bill for Granting a further Aid to his Majesty for the Assistance of South Carolina &c be read The same was read accordingly, and on motion Resolved that the same be read a third time in the Afternoon.

Received from the Council the Bill to revive an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort. Endorsed 24th May 1757 In the Upper House read the first time and passed.

The Bill to revive an Act to Establish a Public Ferry from Newbys Point to Phelps Point whereon the Court House now stands on Perquimons River. Endorsed 24th May 1757 In the Upper House read the first time and passed.

The Bill for further continuing an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer in this Province &c. Endorsed 24th May 1757 In the Upper House read the second time and passed.

And the Bill for finishing the Church at Wilmington. Endorsed 24th May 1757 In the Upper House read the second time Amended and passed.

Received from the Council the Petition of Lewis Barry setting forth that in Pursuance of an Agreement with his Excellency the Governor he had Cultivated and raised and now fit to be Transplanted about fifteen thousand White Mulberry Trees Praying the direction of the Governor Council and Assembly how he shall dispose of them being ready to Attend any Gentlemen at their Plantations and direct the method of raising leaves for feeding Silk Worms. Ordered the same lye on the Table.

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Received from the Council the Bill to obviate Doubts concerning fees due on Proceedings in the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery &c. Endorsed 24th May 1757 In the Upper House read the first time and passed with amendments.

Then the House Adjourned till 4 o'clock Afternoon.

P. M. The House met according to Adjournment.

The Order of the day being read the House resolved the Bill for granting a further Aid to his Majesty be read the third time. The same was read a third time Amended passed and Ordered to be sent to the Council with the said Amendments. Sent the same to the Council with the said Amendments by Mr. Ashe and Mr. Harvey Junr.

On motion Ordered the Bill to Obviate Doubts concerning fees due on Proceedings in the Supreme Courts of Justice, Oyer and Terminer and General Goal Delivery &c. be read a second time. Read the said Bill a second time and Resolved the same be Rejected.

On motion Ordered that the Bill for finishing the Church at Wilmington be read the third time. Read the said Bill a Third time and passed with Amendments. Ordered the same be sent to the Council with the said Amendments.

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


Wednesday the 25th of May 1757. The House met according to Adjournment.

Pursuant to the Order of yesterday sent the Bill for finishing the Church at Wilmington to the Council by Mr. Harnett and Mr. Wynns.

On motion Ordered the Bill for further Continuing an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer within this Province be read the third time.

Read the same a third time and passed.

Ordered the same be sent to the Council.

On motion Ordered the Bill to revive an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort be read a second time.

Read the same a second time and passed.

Ordered the same be sent to the Council.

On motion Ordered the Bill to revive an Act to Establish a Public Ferry from Newbys Point to Phelps Point &c be read a second time.

Read the same a second time and passed.

Ordered the same be sent to the Council.

Sent the above three Bills to the Council by Mr. Mackey and Mr. Ashe.

-------------------- page 857 --------------------

The Petition of Harding Jones and Fredrick Jones Grandsons of Fredrick Jones late of this Province Deceased was Presented to the House setting forth that the said Harding Jones one of the Petitioners is seized in Tail Male of and in Several Tracts of Land on Moratock River and in Hide County in Virtue of the Will of his said Grandfather Fredrick Jones Esqr Deceased which are Incumbered with large Arrears of Quit Rents &c.

Praying that a Bill may be brought into the House to Dock the Intail Pursuant to the Petition.

On motion Ordered That Mr. Barker bring in a Bill to Dock the Intail of Certain Lands in Possession of Harding Jones under a Devise in the last Will and Testament of Fredrick Jones Esqr his Grandfather Deceased by whom the same were Entailed.

Mr. Barker brought in the Above said Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mackey and Mr. Ashe.

Received from the Council the following Message (Vizt)

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for Granting a further Aid to His Majesty &c We find many things therein we Apprehend want Amending therefore we are under a Necessity of proposing a Conference of both Houses in Order to Amend the said Bill and desire if it is Agreeable to you to hold that Conference in the Council Chamber this Afternoon at five o'Clock and have Appointed the Honble James Hasell Lewis De Rossett and John Rieussett Esqrs a Committee to Manage that Conference on the Part of this House with such Members of your House as you shall think proper to Appoint.

The House taking the said Message into Consideration Resolved That the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council

We have received your Message of this day in which you give us to understand that the Bill for Granting a further Aid to His Masjesty in your Opinion Wants Amending and desire a Conference thereon but as you do not say what Amendments you think necessary in the Bill, This House, though they desire to preserve the Harmony which Ought to subsist between them and His Majestys Honorable Council Apprehend it would be Irregular and Inconvenient to enter on a Conference on such uncertainty unless you were to particularize the Alterations by which

-------------------- page 858 --------------------
you think the Bill might be made more Effectual for the Purposes thereby Intended.

By Order
SAMUEL SWANN Speaker
Willm Herritage Clk

25th May 1757

Sent the above message by Mr. Vail and Mr. Harnett.

A Petition of Charles Gordon in Behalf of Samuel Forman Mercht of New York to whom the said Gordon is Factor was Presented to the House and Read,

Setting forth that last Winter was Twelve months the said Forman had on Board a Brigantine whereof Samuel Broadhearst was Master Seventeen Hogsheads of Rum and Three Pipes of Maderia Wine legally cleared out at Saint Christophers and the Duties paid there which said Brigantine was by stress of Weather, put into the Port of Beaufort and the said rum and wine Actually reshipped from hence to New York, Notwithstanding he hath been obliged to pay the Impost duty thereon here, Praying relief in the Premises, On which the House Ordered that Mr. Starkey give Notice to the Petitioner to attend the House in the Afternoon to support the allegations in the said Petition mentioned.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

Mr. Herron moved the House to make Provision for the Wives and Children of the Indian Warriors of the Catawba and Tuscarora Nations who are gone to the Assistance of Virginia. Thereupon it is resolved that this House will allow the Catawba Indians Eighty Pounds Proclamation Money to be laid out by Mr. Brown in Purchasing Provisions for the said Indians out of the tax for defraying contingencys and that the sum of Forty Pounds Proclamation Money be paid to Mr. Williams and Mr. Whitmell out of the said Tax and be by them applyed for the use of the Tuscarora and Meherrin Indians in like manner.

Received the following message from the Council Vizt

Mr. Speaker and Gentlemen of the Assembly,

As by your message you desire to know what Amendments we think necessary on the Bill for granting a Further aid to His Majesty &c we Propose the Conferrence should be on the following heads Vizt

On the sum you have Granted which we think not sufficient even for the Purposes in the Bill.

The time you Limited for the forces to be in pay too short.

The poll tax ought of course to be higher more especially as the tax on Law suits seems to be so calculated as to be but of little Service

-------------------- page 859 --------------------

And lastly that the pay of the Officers and Soldiers is not properly ascertained. It was with an Intent to continue the Harmony which has hitherto Subsisted between both Houses that we proposed a Conferrence where the difference of Opinion on the Bill may be amicably composed.


25th May 1757.

The House taking the above message into consideration Resolved That the following message be sent to the Council Vizt

Gent. of His Majestys Honble Council,

On reading your message of this afternoon wherein you have mentioned the heads of the Matters by you proposed to be debated on at the Conferrence desired by your House with this, On the Bill for granting a further Aid to His Majesty &c. This House Acquaint your Honrs that they will attend at the Council Chamber this Afternoon at the time mentioned in your message of this morning desiring a Conferrence on the Subject Matter of the said Bill and have appointed Mr. John Ashe, Mr. John Harvey Jun: and Mr. Samuel Swann Junr to manage the said Conferrence on the part of this House.

By order
SAML SWANN Speaker.
Wm Herritage Clk

25th May 1757.

The House went to the Council Chamber to conferr with the Council on the matters proposed by them in their Message relating to the Amendments in the Bill for granting a further Aid to His Majesty &c. The House returned and the Conferrees Reported that they had debated the several matters referred to them by this House Vizt as follows.

That the sum granted by the House be Five Thousand Three hundred and six Pounds

That the forces be kept in pay Twelve Months.

That a proportionable Tax be laid Adequate to the Expence of Raising and subsisting Two Hundred Men.

That the tax on all law suits to be Commenced in the Supreme and County Courts be struck out.

The House taking the same under Consideration Resolved That the same lye on the Table till tomorrow morning

Then the House adjourned till 9 o'Clock tomorrow Morning


Thursday the 26th of May 1757. The House met according to Adjournment

Mr. Cade moved for leave to Absent himself from the Service of the House.

Ordered he have leave accordingly.

-------------------- page 860 --------------------

Pursuant to the Order of Yesterday Charles Gordon Attended the House and having made Appear that the facts contained in his Petition read in this House Yesterday are true thereupon the House resolved, That the said Charles Gordon do receive for the use of the said Samuel Forman mentioned in the Petition from Mr. Jeremiah Vail receiver of the Impost Duty on Wine rum and other Spirituous Liquors the sum of Thirty five Pounds thirteen shillings and four pence which he paid to the said Jeremiah Vail for the said Forman on Account and for the duties of Three pipes of Wine and Seventeen Hogsheads of rum Containing Two Thousand one Hundred and forty gallons which were reshipped from hence to New York.

On motion the House Pursuant to the resolve of Yesterday in the Afternoon took into Consideration the report of the Refferees from the Conferrence had yesterday with his Majesty's Council on the several Amendments reffered to be Conferred in the Bill for Granting a further Aid to his Majesty &c. and came to the following Resolutions (Vizt)

1st That the House Concurr with the first Amendment proposed by the Council (to wit) The sum of Five Thousand Three Hundred and six Pounds be Incerted to be granted by the said Bill

2dly That the House do not Concurr with the Continuing the forces any longer than in the Bill mentioned

3dly That the House agree that it should be Inserted in the Bill that a Tax of four Shillings and Six Pence per poll be laid on each Taxable Person in this Province for one year.

4thly That the House do not concurr with the Council to expunge the Clause laying a Tax on Actions to be commenced by Writ in the several Courts of Law in this Province.

Ordered the following Message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council

This House on considering the several Amendments proposed by your Honours at the Conferrence had Yesterday on the Bill for Granting a further Aid to His Majesty &c have come to the following Resolutions, Vizt

First we do concurr that the sum of Five Thousand Three Hundred and six pounds Proclamation Money be Inserted in the said Bill for Granting a Further Aid.

Secondly That it be also Inserted in the Bill that a Poll Tax of Four Shillings and six pence Proclamation Money be laid on each Taxable Person in this Province for one Year towards payment of the said sum.

We do not Concurr to the Continuing the forces otherwise than in the Bill mentioned.

-------------------- page 861 --------------------

And we do not Concurr to Expunge the Clause laying a Tax on Actions to be commenced in the several Courts of Law in this Province.

If your Honours Agree to pass the Bill Conformable to the Above resolves this House will send some of the Members thereof to see the Alterations made therein.

By order
SAMUEL SWANN Speaker.
Wm Herritage Clk

25th of May 1757.

Resolved the following Message be sent to the Council (Vizt)

Gentlemen of His Majestys Honble Council

This House have resolved that the sum of Eighty Pounds Proclamation Money be paid out of the Tax for Contingencies to Mr. Brown and by him to be Applyed in Purchasing Provisions for the Wives and Children of the Catawba Indians who are gone to the Assistance of Virginia and that the sum of Forty Pounds like money be paid to Mr. Williams and Mr. Whitmell Out of the said Tax to be applyed by them in purchasing Provisions for the Wives and Children of the Tuscarora and Meherrin Indians who are gone on the like Service to which Desire your Honours Concurrence.

By order
SAMUEL SWANN Speaker.
Wm Herritage Clk

25th of May 1757.

Received a Written Message from the Council, (Vizt)

Mr. Speaker and Gentlemen

On receiving your Message relative to the Amendments you Agree to have made in the Bill for granting a further Aid to his Majesty & c This House have Resolved to Concurr therewith therefore Desire you will send some of your Members this Afternoon at 5 o'clock to see the same made

In the Upper House May 25th 1757

On motion Resolved That Mr. Barker and Mr. Swann do wait on the Council at five o'clock this Afternoon to see the Alterations made in the Bill for granting a further Aid to His Majesty & c and report the same to the House, and that the following Message be sent to the Council (Viz)

-------------------- page 862 --------------------

Gentlemen of His Majestys Honble Council

Agreeable to your Message relating to the Altertations to be made in the Bill for granting a further Aid to His Majesty &c this House have Appointed Mr. Barker and Mr. Swann Junr to see the same made who will wait on your Honours at the time by you proposed for that purpose

By order
SAMUEL SWANN Speaker
Wm Herritage Clk

26th May 1757

Then the House adjourned till 4 o'clock Afternoon

P. M. The House met according to Adjournment.

Received from the Council the Bill to revive an Act to Establish a ferry across from Newbys Point to Phelps Point &c Endorsed 26th of May 1757 In the Upper House read the second time and passed

The Bill for further continuing an Act Intituled an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer in this Province

And the Bill for finishing the Church at Wilmington.

Endorsed 26th May 1757 In the Upper House read the third time and passed

Ordered to be Engrossed

The Bill to revive an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort Endorsed 26th May 1757 In the Upper House read the second time amended and passed

And the Bill to Dock the Intail of Certain Lands in Possession of Harding Jones under a Devise in the Will of Fredrick Jones his Grandfather Deceased by whom the same was Entailed Endorsed 26th May 1757 In the Upper House read the first time and passed

Mr. Barker and Mr. Swann Junr acquainted the House that they had waited on the Council According to the Direction of this House and seen the Alterations made in the Bill for Granting a further Aid to His Majesty &c Agreeable to the Resolutions of this House.

Received from the Council the Bill for Granting a further Aid to His Majesty &c Endorsed 26th May 1757 In the Upper House read the third time and passed Ordered to be engrossed

On motion ordered the Bill to revive an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort be read a third time.

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

-------------------- page 863 --------------------

On motion Ordered The Bill to revive an Act to Establish a Ferry from Newbys Point to Phelps Point be read a third time

Read the same a third time and Ordered to be sent to the Council

Sent the Above two Bills to the Council by Mr. Davis and Mr. Smith.

Received from the Council the Bill to revive an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort Endorsed the 26th May 1757 In the Upper House read the third time and passed Ordered to be engrossed

And a Bill to revive an Act to Establish a Public Ferry from Newbys Point to Phelphs Point &c. Endorsed 26th May 1757 In the Upper House read the third time and passed. Ordered to be engrossed.

On motion Ordered the Bill to dock the Entail of Certain Lands in possession of Harding Jones under a Devise in the Will of Frederick Jones his Grandfather Deceased by whom the same were entailed, be read a second time. Read the same a second time Amended passed and Ordered to be sent to the Council. Sent the same to the Council by Mr. Swann and Mr. Bell.

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


Fryday the 27th of May 1757. The House met according to Adjournment.

The House taking under Consideration the Message from the Governor sent to this House last Session therein recommending to this House that Capt Waddle might be allowed for his Services as a Commissioner from this Province in Conjunction with the Virginia Commissioners to treat with the Cherokee and Catawba Indians. Resolved that Capt Waddle be paid by the Public Treasurers out of the Tax for defraying the Contingent Charges of Government the sum of Thirty Pounds Proclamation Money, And that the following Message be sent to the Council vizt

Gentlemen of His Majestys Honble Council,

This House having had under their Consideration a Message from his Excellency the Governor which was sent to them last Session wherein he recommended to this House that Capt Hugh Waddle be allowed for his services as a Commissioner from this Province in Conjunction with the Virginia Commissioners to treat with the Cherokee and Catawba Indians, have Resolved that the said Hugh Waddle have and receive from the Public Treasurers out of the Tax for defraying the Contingent Charges of Government the sum of Thirty pounds Proclamation Money for his Expences on the said Treaty.

-------------------- page 864 --------------------

Sent the above Message and Resolve to the Council by Mr. Harnett and Mr. Moore.

Then the House adjourned for an hour.

The House met according to Adjournment.

Received from the Council the Message of this House of the 25th of May 1757 relative to the Allowances resolved by this House for the Catawba and Tuscarora Indians and Meherrin Indians. Endorsed 26th of May In the Upper House Concurred with.

Received from the Council the Bill to dock the Intail of Certain Lauds in Possession of Harding Jones under a Devise in the last Will and Testament of Frederick Jones by his Grandfather by whom the same were entailed. Endorsed 27th May 1757 In the Upper House read the second time and passed.

On motion Resolved the Bill to Dock the Entail of Certain Lands in Possession of Harding Jones under a Devise in the last will and Testament of Frederick Jones Esqr his Grandfather Deceased &c. be read a third time. Read the same a third time Amended and passed. Ordered to be sent to the Council. Sent the same to the Council by Mr. Wynns and Mr. Moore.

Received from the Council the Message of this House sent this day with the resolve thereof allowing Capt Waddel Thirty pounds Proclamation Money for his Expences on the Treaty in Conjunction with the Virginia Commissioners to the Cherokee and Catawba Nations Endorsed 27th of May 1757 In the Upper House Concurred with.

On motion Resolved that Mr. Brown and Mr. Caswell who were appointed by this House to View the Western Settlements and report to His Excellency their Present Condition and at what Part of the Frontier they should think will be most Proper for the Safety of the Inhabitants that a Fort should be built and also to Inspect the Present Condition of Fort Dobbs be allowed thirty Pounds Proclamation Money for their Service therein, and that this Resolve be sent to the Council for their Concurrence.

Sent the above Resolve to the Council for Concurrence by Mr. Ashe and Mr. Relf

Then the House adjourned till 4 o'Clock Afternoon

P. M. The House met according to Adjournment

Received from the Council the Bill to Dock the Entail of Certain Lands in Possession of Harding Jones under a Devise in the last Will and Testament of Fredrick Jones Esq his Grandfather Deceased &c. Endorsed 27th of May 1757 In the Upper House read the third time and passed Ordered to be engrossed

-------------------- page 865 --------------------

Received a Written Message from the Governor by Mr. Powell Vizt

Mr. Speaker and Gentlemen of the Assembly

I find by the Limitations in the Aid Bill the two Companies to be raised are destined solely for the Assistance of South Carolina and as I am Limited by the Bill formerly made to keep the Companys already raised for the Garrison of the Forts on the Frontier, in Case it should be necessary to send some assistance Immediately to South Carolina before these Companies can be raised Disciplined and ready to March whether I may not send the Companies already raised to their Assistance

And further Desire to know in case the Governor of South Carolina does not Immediately require our Assistance whether it may not be for the Interest of the Province to Imploy part of them in Garrisoning the Forts upon the Sea Coast until they are required to be sent for the Defence of South Carolina Otherwise the Militia must be employed at a much greater Expence

ARTHUR DOBBS.

Dated 27th May 1757.

Ordered the same lye for Consideration until tomorrow morning. Then the House Adjourned till 9 o'Clock tomorrow morning.


Saturday the 28th of May 1757. The House met according to Adjournment.

Pursuant to the Order of Yesterday the House took under Consideration the Message of yesterday from his Excellency the Governor and resolved the following Message be sent to His Excellency in Answer thereto Vizt

Sir,

On considering your Excellencys Message of Yesterday it is the Opinion of this House that the Companies to be raised by the aid Bill which has passed this Session are not in all events solely to be Employed in defence of South Carolina but their destination will depend on the Emergency of Affairs and a Discretionary Power being Lodged in your Excellency to recall them from that Province and cause them to be employed in his Majestys Service here is a strong Implication that in case it shall Appear to your Excellency to be more Necessary for his Majestys Service you may Order them into the Service for the defence of any part of this Province before they are sent on that Expedition.

Whether it would be more Expedient that the Companies already raised should in Case of Necessity be sent to the Assistance of South Carolina We apprehend must Depend on the Intelligence your Excellency

-------------------- page 866 --------------------
may receive hereafter from thence or from Advice of Lord Loudoun We can however perceive no reason why you may not send them there if on any Emergency it shall be Necessary for the Defence of our Frontier

SAMl SWANN Speaker

28th May 1757.

Sent the above Message to the Governor by Mr. Harnett.

Received from the Council the Resolve of this House of the 27th of May 1757 relative to the Allowance to Mr. Brown and Mr. Caswell two of the Commissioners Appointed to view the Western Settlements and Fort Dobbs. Endorsed In the Upper House May 28th 1757 Concurred with.

His Excellency the Governor sent a Message to this House requiring the immediate Attendance thereof in the Council Chamber with such Bills as are Engrossed.

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

1st The Bill for Granting a further aid to His Majesty for the Assistance of South Carolina and the Defence of the Frontier of this Province and other Purposes.

2ndly The Bill for finishing the Church at Wilmington.

3dly The Bill to revive an Act for Facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort.

4thly The Bill to continue an Act for the encouragement of James Davis to set up and carry on his Business of a Printer &c.

5thly The Bill to revive an Act to Establish a Ferry from Newbys Point to Phelps Point whereon the Court House now stands on Perquimons River.

To which said Bills his Excellency was pleased to Assent.

The Bill was also presented to his Excellency to Dock the Intail of Certain Lands in possession of Harding Jones under a Devise in the Will of Frederick Jones Esqre Deceased &c

To which his Excellency would not consent and gave for reason that His Majestys Instruction directing the Method of Passing Private Acts was not Complyed with a Copy of which he delivered to Mr. Speaker. The House returned and Mr. Speaker laid before the House the said Instruction which on motion was Ordered to be read the same was read accordingly and Ordered to be entered on the Journal of the House, and is as follows (Vizt)

You are also to take care that no private Act whereby the Property of any Private person may be affected be passed in which there is not a saving

-------------------- page 867 --------------------
of the Right of us our Heirs and Successors all bodies Politic and Corporate and of all other persons Except such as are mentioned in the said Act and those claiming from by or under them and farther you shall take care that no such Private Act be passed without a Clause suspending the Execution thereof until the same shall receive our Royal Approbation.

It is likewise our Will and Pleasure that you do not give your Assent to any private Act until Proof be made before you in Council (and Entered in the Council Books) that Public Notification was made of the Parties Intention to Apply for such Act in the several Parish Churches where the Premises in Question lye for three Sundays at least successively before such Act was brought into the Assembly and that a Certificate under your hand be Transmitted with and Annexed to every such Private Act signifying that the same has Passed through all the forms above mentioned.

Then the House adjourned till Monday morning 10 o'clock.

Wm HERRITAGE Clerk of the Assembly.


North Carolina—ss.

An estimate of Allowances due and payable to the Members of Assembly Clerk and Officers thereof this fourth Session of Assembly held at New Bern in May Anno Dom: 1757:

Samuel Swann Esqr Speaker
6
Mr. Robert Harris
8
Mr. Thomas Smith
6
Mr. William Mackey
6
Mr. Samuel Swann Junr
12
Mr. John Fonville
2
Mr. James Paine
8
Mr. William Wyatt
10
Mr. Thomas Whitmell
8
Mr. John Surry
14
Mr. Thomas Lovick
4
Mr. Benjamin Wynns
8
Mr. George Moore
8
Mr. John Harvey Junr
10
Mr. John Ashe
8
Mr. William Shergold
14
Mr. Edward Vail
8
Mr. Thomas Weeks
10
Mr. William Spiers
4
-------------------- page 868 --------------------
Mr. Francis Ward
6
Mr. John Harvey Senr
6
Mr. William Williams
6
Mr. Benjamin Hardy
10
Mr. Thomas Relf
12
Mr. John Starkey
6
Mr. Joseph Bell
4
Mr. James Conner
6
Mr. Jacob Blount
6
Mr. John Hardy
4
Mr. Samuel Spruel
6
Mr. James Davis
2
Mr. Richard Caswell
4
Mr. Stephen Cade
4
Mr. William Houston
6
Mr. Cornelius Harnett
8
Mr. Joseph Herron
8
Mr. Dempsey Sumner
8
Mr. Thomas Walton
8
Mr. William Murphree
8
Mr. John Campbell
8
Mr. Francis Brown
14
Mr. Thomas Barker
8
Mr. Wyriot Ormond
4
Mr. William Bartram
10