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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
November 21, 1757 - December 14, 1757
Volume 05, Pages 868-889

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

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, and in the twenty eighth year of the reign of our Sovereign Lord George the Second by the grace of God of Great Brittain France and Ireland King, defender of the Faith &c. &c. and continued from thence by several Prorogations and Adjournments to the twenty first day of November in the thirty first year of his said Majesty's reign and in the year of our Lord one thousand seven hundred and fifty seven being the fifth Session of this present Assembly.

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In the Upper House

Present
The honble Mathew Rowan 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 Richd Spaight. Esqr

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


Tuesday 22d November 1757. The House met according to Adjournment. Present as above

His Excellency the Governor came to this House, and sent a Messenger to the lower House and commanded their 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, to wit.

Gent. of his Majties Council, Mr. Speaker & Gent: of the Assembly

The Affairs of Europe, Great Brittain and these Colonies, are at present in a very critical situation by means of a most unnatural Alliance entered into between the Houses of Austria & France into which they have drawn the Empress of Russia against the only Protestant power of Germany who can support the civil and religious liberties of Germany, His Majesty has his Germanick Dominions overrun by a superior French army and consequently the Protestant interest of Germany and Europe is in the greatest danger, yet notwithstanding this diversion of the French troops, all the Forces that Great Britain could spare for the relief of these Colonies, have made no impression in dislodging the French from their unjust encroachments upon these Colonies God Almighty upon account of our sins having caused the elements to fight against us by contrary winds, detaining the forces from coming to our assistance.

Since his Majesty is at so extraordinary expence upon account of these Provinces and the British Parliament at his recommendation hath granted the sum of £50,000 to the Colonies of North and South Carolina and Virginia upon account of the difficulties we lie under in supporting our forces when sent out of the Province, I hope this instance of his Majesty's paternal goodness will make us contribute with zeal our Contingent towards the support of the Colonies and our own security, as well upon account of the security of our western Frontier, as to keep the Catawba Indians in our interest, and to secure the Forts upon the Sea coasts, which may enable us, to have Forces in readiness, and to spare when demanded for the security of South Carolina.

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Mr. Speaker & Gent: of the Assembly,

I have ordered the accounts of our expence to be laid before you, and hope you will think it very proper to keep up the same number of Troops you have now in pay, that we may secure the peace of this Province, and be ready to assist our neighbouring Colonies when required, and out of the Proportion we are to have of the sum granted to these Colonies by Parliament we shall be able to pay any debts we have contracted out of the Province above the supplies granted for that purpose, and to spare some to finish the Forts necessary to the security of our sea Coasts.

I acquainted you at your last meeting, that his Majesty had ordered us Artillery and Ordnance Stores for Fort Johnston and had ordered me to appoint a store-keeper and to apply to the Assembly to give him a proper allowance. I can now with pleasure acquaint you, that they are arrived, and I have pursuant to my orders appointed a Store keeper at £80 per annum this currency, and hope you will provide for the payment of it and a proper sum for Contingencies.

Gent: of his Majties Council, Mr. Speaker & Gent: of the Assembly,

There are several Bills necessary to be amended, the Bill for providing for an established Clergy has been evaded in some Counties by combining to elect only such Vestry men who they know will not act, by which means no money can be raised nor clergymen appointed, by keeping the nomination in their own power, and a new vestry will vary the sum given when they accept of a Clergyman to the lowest which the law allows, by which means no churches are erected; it wou'd seem more reasonable to lay a general sum upon all Taxables in the Province, and pay the Clergy out of that sum, and build churches out of the overplus until Clergymen can be procured to the several Counties.

The inspecting Act is most grossly abused in respect to Beef and Pork in the manner of killing and packing by putting in unmerchantable Beef and Pork, killed when it is hot, not bled properly, and rolled in the sand and dirt to add to the weight, for want of having houses to hang it up in, and Casks to contain the pickle, by which means it is blown upon in foreign markets and sold under half price.

I shall not mention any more to you at this time, when our thoughts should be turned to our defence, and future safety, and make no doubts but you will exert the same zeal for the support of our holy religion Liberties and Possessions against a most perfidious & cruel Enemy, that we may hereafter live in peace and safety and avoid a future great

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expence which must be unavoidable in case we don't exert ourselves at this critical juncture by forcing the French from our Frontiers, who make all the Indians our enemies.

This House took under their consideration his Excellency's Speech and ordered the same to be read, which was accordingly done.

Then the honourable Lewis De Rosset and Richd Spaight Esqrs were appointed a Committee to prepare an Address to his Excellency.

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

The House met according to Adjournment Present as above

Then the House adjourned till tomorrow morning 9 o'clock


Wednesday 23rd November 1757. The House met according to Adjournment
Present
The honble Mathew Rowan Esqr
The honble James Hasell Esqr
The honble James Innes Esqr
The honble John Swann Esqr
The honble John Dawson Esqr
The honble Lewis De Rosset Esqr
The honble John Rieussett Esqr
The honble Richd Spaight. Esqr

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.

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

The House met according to Adjournment Present as above

The House waited on his Excellency the Governor in the Council Chamber and by the honble Mathew Rowan Esqre presented him with the following Address

May it please your Excellency,

We his Majestie's dutiful and loyal subjects the Members of his Council for this Province Beg leave to return your Excellency our sincere and hearty thanks for your Speech at the opening of this Sessions.

The critical situation of affairs as remarked by your Excellency through the unnatural alliance of the three greatest powers in Europe against the King of Prussia not only threatens the liberties there, but must in their consequences extend to these remote parts. The unjust seizing of his Majestie's Germanick Dominions by the French in open violation of the most solemn Treaties plainly shews, that the scheme that Court has long formed of attaining universal Monarchy will be prosecuted whenever they have it in their Power. It was no doubt with that view they invaded his Majesty's Dominions in America, a view so well known to the British Ministry that no costs nor pains have been spared for the relief of the Colonies.

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And although our forces have not been able to make any impression in dislodging the Enemy from their unjust encroachments, yet we trust that the Almighty Power who has in a visible manner heretofore protected the cause of religion and Liberty will not (unless we be wanting to ourselves) suffer us to fall a sacrifice to Popery and Tyranny. But at all events we are fully satisfied the sons of freedom can never yield to crouch under the galling yoke of slavery, but will to the last man shed their blood in defence of the glorious cause of liberty and Property.

His Majesty's Paternal goodness so conspicuous in all cases warms our hearts with an inexpressible gratitude, the fresh instances of it, in sending over Artillery and Ordnance Stores for Fort Johnston, and procuring us a sum to relieve us from the difficulties we labour under for supporting our troops when out of the Province and to enable us to compleat the fortifications already begun, must animate us with the greatest cheerfulness to contribute all in our power to assist our Neighbours, as well as to defend our own Country.

We shall with all readiness join the other House in passing such Bills as may be necessary for the welfare of this Province, and not suffer any private or selfish views to be prevalent but to the utmost of our power study the common good.

Permit us Sir to say the sense we have of the inestimable Blessings we enjoy under his Majesty's just administration will encourage us to exert ourselves for the defence of our religious and civil rights against the attempts of any insolent Invader, and to drive from our Frontiers an Enemy no less cruel than perfidious.

Your Excellency's just regard for the trade of this Colony as well as for all other things relative to its welfare in pointing out the defectiveness of several laws made for those purposes demand our grateful acknowledgments; and your Excellency may depend that we shall use our utmost endeavours to render your administration easy and prosperous.

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

The just sense you have of our danger from the unnatural alliance formed in Europe against our Religion and Liberties and of his Majesty exerting himself in defending his Brittish Rights at the risk of his other Dominions, and of his care and bounty in giving us stores and a supply for the defence of this Colony must be very agreable to his Majesty, as it is a great satisfaction to me as well as the zeal you express for our religion, liberties and rights, and am very sensibly pleased at the satisfaction you express of my endeavours to improve and serve this Colony.

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Mr. Brice & Mr. Houston brought up the following Message, to wit

Gentn of his Majtie's honble Council

This House have appointed Mr. John Harvey, Mr. George Moore, Mr. James Paine, Mr. James Davis, Mr. Benjamin Harvey, Mr. Joseph Harron, and Mr. Maurice Moore a Committee thereof to examine, state and settle the Public Accounts of this Province and Mr. Starkey, Mr. Thomas Whitmell, Mr. John Ashe, Mr. William Bartram, Mr. James Conner, Mr. Richard Caswell and Mr. Francis Brown a Committee to settle and allow the public Claims in conjunction with such of your Honours as you shall think proper to appoint for those purposes.


23rd Novr 1757.
SAM. SWANN. Speaker.

This House proceeded to choose Committees to examine, state and settle the public Accounts of this Province and settle and allow the public Claims; and the honourable James Hasell, Lewis De Rosset and John Rieussett Esqrs were appointed on the Accounts, and the honble James Innes, John Swann and John Dawson Esqrs on the Claims. And the following message was sent to the Lower House to acquaint them therewith vizt

Mr. Speaker & Gentn of the Assembly,

On reading your Message relative to the Committees on the Public Accounts and Claims, we have appointed the honble James Hasell, Lewis De Rosset and John Rieussett Esqrs as a Committee of our House for the Public Accounts And the honble James Innes, John Swann and John Dawson Esqrs on the Claims.

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


Thursday 24th November 1757. The House met according to Adjournment. Present as above.

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

The House met according to Adjournment. Present as above.

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


Friday 25th November 1757. The House met according to Adjournment. Present as above.

Mr. Brown and Mr. Caswell brought up a Bill to prevent excessive and deceitful gaming And a Bill for the better establishing a Ferry on the N. E. side of the N. W. River of Cape Fear, being the place commonly called, or known by the name of Dawsons Ferry and for preventing

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any other Ferry within Miles of the said place and the opposite side of the said River.

On motion, ordered the said Bill be read.

The same was accordingly read the first time & passed.

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

The House met according to Adjournment. Present as above.

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


Saturday 26th Novr 1757. The House met according to Adjournment. Present as above.

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


Monday 28th Novr 1757. The House met according to Adjournment
Present
The Honble Math : Rowan 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
The Honble Richd Spaight Esqr

Mr. Ashe and Mr. Williams brought up a Bill for the better establishing a Ferry on the N. E. side of N. W. river of Cape Fear &c. And a Bill to impower the church wardens of the Parish of St Mary's in Edgcomb County to collect the arrears of the Tax laid by the Parish of Edgcomb for the year 1755.

The said Bills were read in this House, the former the second time and the latter the first and passed.

Mr. Bartram and Mr. Spier brought up a Bill for the better regulation of roads in the County of Orange &c.

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

The House met according to Adjournment. Present as above.

On motion, ordered the Bill for the better regulation of roads in the County of Orange &c. be read.

Read the same the first time and passed.

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


Tuesday 29th Novr 1757. The House met according to Adjournment. Present as above.

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

The House met according to Adjournment. Present as above.

Mr. Paine and Mr. Spier brought up a Bill for the better regulation of roads in the Counties of Orange &c. A Bill for further amending

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an Act intituled an Act for amending the staple of Tobacco and preventing frauds in his Majties customs. A Bill to alter the times for holding Courts in the Counties of Northampton, Granville & Orange and a Bill for establishing a Town on the land of James Leslie on Roanoke River.

Mr. Moore and Mr. Ashe brought from the Lower House the following Message

Gentlemen of his Majties Honble Council,

The Treasurers of this Province having paid into the Committee of Accounts the sum of £2540, in Treasurers notes £61 of which was not emitted and that Thomas Barker Esqre Treasurer of the Northern District hath paid into the said Committee the sum of £1051.15.11½ for the sinking Fund, and John Starkey Esqre hath paid into the said Committee the sum of £934.17.5½ for the same Fund and this House have resolved that the said several sums be burnt at four o'clock this afternoon at the House of Richard Cogdell in New Bern, therefore desire your Honours will appoint a Committee of your Board to join this House, to see the same done accordingly.

SAM. SWANN. Speaker.

29th Novr 1757.

On motion, Ordered the following Message be sent to the Lower House.

Mr. Speaker & Gentn of the Assembly,

On reading your message relative to the burning of the Treasurers notes, and the several sums for the sinking fund paid in by the Treasurers of the Northern and Southern districts to the Committee of Accounts, We have appointed the honourable John Swann and Lewis De Rosset Esqrs a Committee of this House to see the same burnt.

On motion Ordered; The Bill for further amending an Act intituled an Act for amending the staple of Tobacco &c. The Bill for altering the time for holding Courts in the Counties of Northampton, Granville and Orange And the Bill for establishing a town on the land of James Leslie on Roanoke river, be read.

Read the said Bills the first time and passed.

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


Wednesday 30th Novr 1757. The House met according to Adjournment. Present as before.

Received from the Lower House by Mr. Bartram and Mr. Haywood the following message,

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Gentn of his Majtie's Honble Council,

This House taking into consideration the Petition of Joseph Hennegan herewith sent you, have Resolved that the Treasurer of the Southern District out of the money arising by the tax for contingencies do pay to the said Joseph Hennegan forty pounds proc. money towards the payment of the debts contracted here, by the said Joseph, and for his passage from hence, home to his friends & desire your Honours concurrence thereto.

SAM. SWANN. Speaker.
In the Upper House Concurred with.

26th Novr 1757.
MATT. ROWAN P. C.

On motion Ordered, the Bill for the better regulation of roads in the Counties of Orange &c. be read.

Read the same a second time and was rejected.

Mr. Walton and Mr. Wyat, brought up a Bill for establishing a Town on the land of James Leslie &c. A Bill for altering the times for holding Courts in the Counties of Northampton &c. A Bill to impower the churchwardens of the Parish of St Mary in Edgcomb County to collect the arrears of the tax &c. And a Bill for better establishing a Ferry on the N. E. side of the N. W. river of Cape Fear &c.

On motion, Ordered the Bill for establishing a Town on the land of James Leslie &c. be read.

Read the same a second time and passed.

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

The House met according to adjournment. Present as above.

On motion, Ordered the Bill to impower the Churchwardens of the Parish of St Mary in Edgcomb County to collect the arrears of the tax, &c., be read.

Read the same a second time, amended & passed.

On motion, Ordered the Bill for the better establishing a Ferry on the N. E. side of the N. W. river of Cape Fear &c be read.

Read the same the third time and passed.

Ordered to be engrossed.

On motion, Ordered the Bill for altering the times for holding Courts in the Counties of Northampton, &c., be read.

Read the same a second time and was rejected.

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


Thursday 1st December 1757. The House met according to adjournment.
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Present
The Honble Math : Rowan 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
The Honble Francis Corbin Esqr
The Honble Richd Spaight Esqr

Mr. Gray and Mr. Churton brought up a Bill to repeal an Act intituled an Act for destroying Vermin in this Province, a Bill for establishing a Town on the land of James Leslie &c. and a Bill for further amending an Act, intituled an Act for amending the Staple of Tobacco, &c.

On motion, Ordered the Bill for further amending an Act intituled an Act for amending the Staple of Tobacco, &c., be read.

Read the same a second time and passed.

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

The House met according to adjournment. Present as above.

On motion, Ordered the Bill to repeal an Act, intituled an Act for destroying Vermin in this Province be read.

Read the same the first time and passed.

On motion, Ordered the Bill for establishing a Town on the land of James Leslie, &c., be read.

Read the same the third time and passed. Ordered to be engrossed.

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


Friday, 2nd December 1757. The House met according to adjournment. Present as above.

Mr. Conner and Mr. Waddle brought from the Lower House a Bill for the revisal of the Laws of this Province, A Bill for an Act to regulate Elections.

Received from the Lower House by Mr. Williams and Mr. B. Harvey, A Bill to dock the Intail of certain Lands now in possession of Harding Jones, &c.

And an additional Bill for an additional Act, to amend an Act, intituled an Act, to prevent stealing Cattle and Hogs, &c.

On motion, Ordered the last mentioned Bill be read.

Read the same the first time.

Ordered it lie on the Table for further consideration.

On motion Ordered, that the Bill for the revisal of the Laws of this Province be read.

Read the same the first time and passed.

On motion, Ordered the Bill for an Act to regulate Elections, be read.

Read the same the first time & passed.

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On motion, Ordered the Bill to dock the Intail of certain Lands now in possession of Harding Jones, &c., be read.

Read the same the first time & passed.

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

The House met according to adjournment. Present as above.

Received from the Lower House by Mr. Moore and Mr. Ashe, A Bill for granting a further aid to his Majesty for subsisting the forces necessary to be kept in the pay of this Province and for other purposes, And on motion, Ordered the said Bill be read.

Read the same the first time and passed.

Received from the Lower House, A Bill for an Act to impower the Justices of the Supreme Court to take the acknowledgement or proof of Deeds and for allowing them a salary.

On motion, ordered the same be read.

Read the same accordingly and passed the first time.

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


Saturday 3rd December 1757. The House met according to Adjournment Present as above

Received from the Lower House by Mr. Mau: Moore and Mr. Sutton, a Bill to dock the Intail of certain Lands now in possession of Harding Jones &c. And a Bill for further amending an Act intituled an Act for amending the Staple of Tobacco &c. On motion, ordered the last mentioned Bill be read.

Read the same the third time and passed. Ordered to be engrossed.

On motion, Ordered the Bill to dock the Intail of certain Lands now in possession of Harding Jones &c. be read.

Read the same a second time amended and passed.

Received from the Lower House by Mr. Harvey and Mr. Sutton, a Bill to enable the Commissioners of Fort Johnston and Fort Granville to finish the said Fort and to erect barracks for accommodating the troops in the same.

On motion, Ordered the said Bill be read.

Read the same the first time & passed.

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

The House met according to Adjournment. Present as above

Received from the Lower House by Mr. Davis and Mr. Fonville, A Bill for the revisal of the Laws of this Province.

A Bill to repeal an Act intituled an Act for destroying Vermin in this Province.

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A Bill to impower the Justices of the supreme Court to take the acknowledgment or proof of Deeds &c.

A Bill to amend an Act intituled an Act for the better regulation of the Town of New Bern and for securing the Titles of persons who hold lots in the said Town.

And a Bill for dividing the Parish of St James in New Hanover County into two distinct Parishes.

On motion, Ordered the Bill to amend an Act intituled an Act for the better regulation of the Town of New Bern &c. be read.

Read the same the first time and passed.

On motion, Ordered the Bill for dividing the Parish of St James in New Hanover County into two distinct Parishes be read.

Read the same the first time & passed.

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


Monday 5th December 1757. The House met according to Adjournment. Present as above.

Received from the Lower House by Mr. Ashe & Mr. G. Moore A Bill for an Act to regulate Elections.

On motion, Ordered the said Bill be read.

Read the same a second time, amended & passed.

Received from the Lower House by Mr. Caswell and Mr. Hamer A Bill to enable the Commissioners of the Church at Edenton to discharge the contracts by them made concerning the finishing the same.

A Bill to dock the Intail of certain Lands now in possession of Harding Jones &c.

And a Bill to appoint a receiver of the duties arising on wine, rum, and other spirituous liquors imported into Neuse river in the room of Jeremiah Vail and for the more effectually obliging the receivers of the said duties to account for and pay the same.

And a Bill to obviate doubts concerning Fees due on the Proceedings in the supreme Courts of Justice Oyer & Terminer and general Goal delivery.

On motion, ordered the Bill to obviate doubts concerning Fees due &c. be read.

Read the same the first time and passed.

On motion, Ordered the Bill to enable the Commissioners of the Church at Edenton &c. be read.

Read the same the first time & passed.

On motion, Ordered the Bill to appoint a receiver of the Duties arising on wine, rum &c. be read. Read the same the first time and passed

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On motion, Ordered the Bill to repeal an Act, intituled an Act for destroying Vermin in this Province be read. Read the same the second time & passed.

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

The House met according to adjournment. Present as above.

On motion, Ordered the Bill to dock the Intail of certain Lands now in Possession of Harding Jones &c. be read. Read the same a third time and passed. Ordered to be engrossed.

On motion, Ordered the Bill to enable the Commrs of Fort Johnston &c. be read. Read the same a second time & passed.

On motion, Ordered the Bill to impower the Justices of the Supreme Court to take the acknowledgment or Proof of Deeds &c. be read. Read the same a second time amended and passed.

On motion, Ordered the Bill for the revisal of the Laws of this Province be read. Read the same a second time and was rejected Nem. Con.

Received from the Lower House by Mr. Bartram & Mr. Jones a Bill for granting a further aid to his Majesty &c.

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


Tuesday 6th December 1757. The House met according to Adjournment.
Present
The Honble Math : Rowan Esqr
The Honble John Swann Esqr
The Honble James Murray Esqr
The Honble John Dawson Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rosset Esqr
The Honble John Rutherford Esqr
The Honble John Rieussett Esqr
The Honble Edwd Brice Dobbs Esqr
The Honble Francis Corbin Esqr
The Honble Richd Spaight Esqr

Received from the Lower House by Mr. Ashe and Mr. Moore a Bill to impower the Justices of the Supreme Court to take the acknowledgment or Proof of Deeds &c. and a Bill to enable the Commrs of Fort Johnston &c.

On motion, Ordered the said Bills be read.

Read the said Bills the third time.

Ordered to be engrossed.

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

The House met according to Adjournment. Present as above.

Received from the Lower House by Mr. Gray and Mr. Churton a Bill to enable the Commissioners of the Church at Edenton &c. A Bill to regulate the inspection of Pork and Beef. A Bill to repeal an Act in

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tituled an Act for destroying Vermin in this Province. A Bill to obviate doubts concerning Fees due on Proceedings in the Supreme Courts &c. A Bill for an Act to regulate Elections. And a Bill for dividing the Parish of St James in New Hanover County &c.

On motion, Ordered the Bill to regulate the inspection of Pork and Beef be read.

Read the same the first time and passed.

On motion, Ordered the Bill to repeal an Act intituled an Act for destroying Vermin &c. be read.

Read the same the third time and passed. Ordered to be engrossed.

On motion, Ordered the Bill for an Act to regulate Elections be read.

Read the same the third time, Ordered it lie on the Table till Thursday morning.

On motion, Ordered the Bill to obviate Doubts concerning Fees due &c. be read.

Read the same a second time & passed.

On motion, Ordered the Bill for dividing the Parish of St James's in New Hanover County &c. be read.

Read the same a second time, Ordered it to lie on the Table till Thursday morning.

On motion, Ordered the Bill for granting a further aid to his Majesty &c. be read.

Read the same a second time amended & passed.

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


Thursday 8th December 1757. The House met according to Adjournment. Present as before.

On motion, Ordered the Bill to enable the Commrs of the Church at Edenton &c. be read.

Read the same the second time & passed.

On motion, Ordered the Bill for dividing the Parish of St James's &c. be resumed.

The same was resumed and rejected.

On motion, Ordered the Bill to regulate Elections be resumed.

The same was resumed.

And ordered the following Message be sent the Lower House, vizt

Mr. Speaker & Gentn of the Assembly,

On reading a third time the Bill to regulate Elections we find the following Amendments necessary vizt That in the Proviso to prevent sundry Officers from being elected Members of Assembly it is the opinion of this House, That the Clerks of the Courts of Justice, and the Sur

-------------------- page 882 --------------------
veyor or Deputy Surveyor ought to be expung'd And from the oath to be taken by Electors, We are of opinion, that the following clause ought to be struck off vizt “And that you will not vote for no representative, but such as you think best qualified and most inclined to promote his Majtie's Interest and that of this County.” To which amendments we desire your concurrence and if you concurr that you will be pleased to send two of your Members to see the Amendments made.

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

The House met according to Adjournment. Present as above.

Received from the Lower House by Mr. Davis and Mr. Fonville A Bill for adding part of the County of Beaufort to Craven County and for ascertaining the dividing line between the said Counties, And a Bill to amend an Act, intituled an Act for the better regulation of the Town of New Bern &c.

On motion, Ordered the Bill for adding part of the County of Beaufort to Craven &c. be read.

Read the same the first time and passed.

On motion, Ordered the Bill to amend an Act intituled an Act for the better regulation of the Town of New Bern &c. be read.

Read the same the second time amended & passed.

Received from the Lower House by Mr. Haymer & Mr. Sutton the following Message vizt

Gentn of his Majesty's Honble Council,

On reading your Message of this day in regard to the amendments you mention in the Bill to regulate Elections, this House having considered the same are of opinion that the alterations you propose would render ineffectual the Provision made by the Assembly for securing the freedom & impartiality which ought to be observed in Elections, and therefore cannot agree to either of the said alterations.


8th Decr 1757.
SAM. SWANN. Speaker.

And on reading the aforesaid Message, the Bill for an Act to regulate Elections was put, and passed in the affirmative. Ordered to be Engrossed.

Received from the Lower House by Mr. Haymer & Mr. Sutton, a Bill to obviate doubts concerning Fees due on Proceedings in the Supreme Courts &c.

On motion, Ordered the said Bill be read.

Read the same the third time & passed. Ordered to be Engrossed.

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

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Friday 9th December 1757. The House met according to Adjournment. Present as before.

Received from the Lower House by Mr. Churton and Mr. Gray, A Bill for adding part of the County of Beaufort to Craven County &c. A Bill for granting a further aid to His Majesty &c. and a Bill to regulate the inspection of Pork and Beef.

On motion, Ordered the Bill to regulate the inspection of Pork & Beef be read.

Read the same the second time amended & passed.

Received from the Lower House by Mr. Fonville & Mr. Cade a Bill to amend an Act intituled an Act for the better regulation of the Town of New Bern &c.

On motion, Ordered the Bill for granting a further aid to his Majesty &c. be read.

Read the same the third time; and Ordered the following Message be sent to the Lower House vizt

Mr. Speaker & Gentn of the Assembly

On reading a third time the Bill for granting a further aid to his Majesty &c. we are of opinion the following amendment is necessary, vizt “And for the better supporting the credit of the said Notes, be it further enacted by the authority aforesaid That the Sheriffs of every County in this Province shall receive the notes of credit to be issued by virtue of this Act in discharge of all Public Taxes, and shall allow to every Person paying such notes the interest due thereupon to the time of such payment, for which interest the Person paying the said Notes shall thereupon endorse a receipt and every Sheriff having such Notes at making his payment to the Treasurer shall be allowed for the Principal and Interest thereupon endorsed.” To which if your House agrees, We desire you would send some of your Members to see the same inserted.

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

The House met according to Adjournment. Present as before.

On motion, Ordered the Bill to amend an Act intituled an Act for the better regulation of the Town of New Bern &c. be read.

Read the same the third time & passed.

Ordered to be engrossed.

Received from the Lower House by Mr. John Campbell and Mr. John Starkey the following Message, vizt

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Gentn of his Majtie's Honble Council

In answer to your Message of this afternoon relative to the amendment by you proposed to the Bill for granting a further aid to his Majesty &c. This House do agree to the said Amendment and have sent Mr. John Campbell and Mr. John Starkey two of the Members of this House to see the said Amendments inserted.

SAM. SWANN, Speaker.

Whereupon the Amendment proposed was inserted in the presence of Mr. John Campbell & Mr. John Starkey, and the Bill was put and passed.

Ordered to be engrossed.

On motion, ordered the Bill for adding part of the County of Beaufort to Craven County &c. be read.

Read the same the second time amended & passed.

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


Saturday 10th December 1757. The House met according to adjournment.
Present.
The Honble Math: Rowan Esqr
The Honble John SwannEsqr
The Honble James Murray Esqr
The Honble Lewis De Rosset Esqr
The Honble James Hasell Esqr
The Honble John Rieussett Esqr
The Honble James Innes Esqr
The Honble Edwd Brice Dobbs Esqr
and The Honble Francis Corbin Esqr
The Honble Richard Spaight Esqr

Received from the Lower House by Mr. Smith and Mr. Waddle a Bill to enable the Commrs of the Church at Edenton &c.

On motion, Ordered the said Bill be read.

Read the same a third time and passed.

Ordered to be engrossed.

Received from his Excellency the Governor the following Messages, vizt

Gentn of his Majtie's Honble Council,

I think it absolutely necessary for his Majesty's service, the future peace & safety of this and the neighbouring Provinces that a Bill should pass this Session to enable the honourable Edmund Atkins Esqre to regulate the Indian Trade, and by that means to collect all our Indian Allies in our interest in Conjunction with the other Provinces in which the Indians reside, His Majesty having made him Agent and superintendent of Indian affairs, which will support and give him weight in treating with the Indians, without which his Majtie's gracious intention will be defeated and the safety of the Colonies be endangered by losing the friendship of our Indian Allies.

ARTHUR DOBBS.
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Gentn of his Majtie's Honble Council,

I think it very necessary at this time of danger that a Post should be appointed to carry on a correspondence with the Northern Provinces to Suffolk, and with South Carolina to Wilmington. I don't find that you have taken notice of what I recommended from his Majesty to you, to give a proper allowance to a Store Keeper for the Military Stores, which he has been graciously pleased to give for the defence of this Province of at least £4,000 value for which I am to oblige the Store Keeper to give great security and to correspond twice a year with the Board of Ordnance to give them a state of the stores, and it would give me a great uneasiness to be obliged to acquaint his Majesty, that you refused to comply with his recommendation after receiving so gracious a bounty to secure the safety of this Province.

These several things I must recommend to your consideration before I can think of closing this Session.

ARTHUR DOBBS.

Received from the Lower House, a Bill for preserving Peace and keeping good correspondence with the Indians in alliance with his Majesty's subjects.

On motion; Ordered the said Bill to be read;

Read the same the first time and passed.

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

The House met according to adjournment. Present as before.

Received from the Lower House by Mr. Vail and Mr. Houston, the Bill for preserving Peace and keeping a good correspondence with the Indians &c.

On motion, Ordered the said Bill be read.

Read the same the second time and passed.

Received from the Lower House by Mr. Davis and Mr. Fonville the Bill for adding part of the County of Beaufort to Craven County &c.

On motion, Ordered the said Bill be read.

Read the same the third time and passed. Ordered to be engrossed.

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


Monday 12th December 1757. The House met according to Adjournment. Present as before.

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

The House met according to adjournment. Present as before.

Received from the Lower House by Mr. Davis and Mr. Houston, a Bill for preserving Peace and confirming a good correspondence with the Indians &c.

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On motion, Ordered the said Bill be read.

Read the same the third time and passed. Ordered to be engrossed.

Received at the same time the following message vizt

Gentn of his Majties Honble Council,

This House have resolved That the Post be kept up from Wilmington on Cape Fear river to Suffolk in Virginia once a fortnight for one year from the first day of January next; to be carried on from Lingfields Ferry, on Neuse river, and from thence to Wilmington aforesaid by Mr. James Davis, and from Lingfields Ferry aforesaid to Mackeys Ferry on Albemarle Sound and from thence to Lingfields Ferry by Mr. Robert Palmer; and from Mackey's Ferry to Suffolk in Virginia, and from thence to Mackeys Ferry by the way of Mr. Herrons, there to leave the western mail, by Mr. John Campbell, and that the Posts do meet at Lingfields Ferry on Mondays, at Mackeys on Thursdays, and the Northern Post to be in Suffolk on Sundays; and the Southern Post to be at Wilmington on Thursdays, and that for the service aforesaid the said Gentlemen be allowed and paid at the expiration of the said year, the salarys of forty pounds each, out of the contingent Tax, and in case that either of them shall fail having the Post, which he ought to send at such place where at the time appointed by this Resolve he ought to be, there shall be deducted out of his Salary, the expence of his and all the other Posts for that time and desire your Honours concurrence thereto.

SAM. SWANN. Speaker.
In the Upper House Concurred with.
MATT. ROWAN. P. C.
To which his Excellency assented to and signed
ARTHUR DOBBS.

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


Tuesday 13th December 1757. The House met according to Adjournment. Present as before

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

The House met according to Adjournment. Present as before

Received from the Committees of Public Accounts & Claims of this Province their reports of the same, which were concurred to.

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


Wednesday 14th December 1757. The House met according to Adjournment Present as before
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Received from the Lower House the following Resolve by Mr. Bartram and Mr. Houston

Gentn of his Majtie's honble Council,

This House have resolved that there be allowed a Commissary and a Surgeon to each of the three Companies directed by Law to be kept up, and that each Commissary be allowed five shillings and each Surgeon be allowed four shillings Proc: Money per diem during the time the said three Companies shall be kept in pay by the said Act, and desire your Honour's Concurrence thereto.

SAM. SWANN. Speaker.

13th Decr 1757.
Concurred with.
MATT. ROWAN. P. C.

Received from the Lower House by Mr. Waddle & Mr. Moore the following Resolve,

Gentn of his Majtie's honble Council

Resolved that the several Balances due to the several Officers and others for their Pay and Disbursements on Account of the Troops heretofore in the pay of this Province as reported by the Committee of Accounts be paid to them out of the one thousand eight hundred and seventy three pounds thirteen shillings and five pence half penny in the hands of Richard Spaight Esqre and that if there shall on the settlemt of the Accounts in New York be anything due for paying and subsisting the Troops late in the pay of this Province in that Colony, That this House will make effectual provision to discharge the same, if what shall remain in Mr. Spaight's hands after complying with this Resolve shall not be sufficient for that purpose.

SAM. SWANN. Speaker.
Concurred with.
MATT. ROWAN. P. C.

Received from the Lower House by Mr. Fonville and Mr. Brice the following Resolve

In the Assembly Resolved that the Notes of Credit which are now redeemable and remaining unredeemed be paid by Mr. Barker Treasurer of the Northern District out of the money in his hands on Account of the two shilling tax for Glebes and replaced as the tax laid for repayment of the said Notes shall be paid in.

Gentn of his Majtie's honble Council

To the above resolve desire your Honour's Concurrence.


14th December.
SAM. SWANN. Speaker.
-------------------- page 888 --------------------
Concurred with.
MATT. ROWAN. P. C.

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

The House met according to Adjournment.

Present
The honble Matt. Rowan Esqr
The honble John Swann Esqr
The honble James Hasell Esqr
The honble Lewis De Rosset Esqr
The honble James Innes Esqr
The honble John Rieussett Esqr
The honble Francis Corbin Esqr
The honble Edw: Brice Dobbs Esqr
The honble Richd Spaight Esqr

Received from the Lower House their Estimate of Allowances &c. amounting to £781.13.2. to which this House concurred.

M. ROWAN. P. C.

This House sent to the Assembly their Estimate of wages, &c., amounting to £228.2.4 which was concurred with.

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

Whereupon the Speaker attended by the Lower House waited on his Excellency in the Council Chamber and presented to him the subsequent Acts.

To wit. An Act for granting a further aid to his Majesty, &c.

2. An Act to enable the Commissioners of Fort Johnston & Fort Granville to finish the Forts, &c.

3. An Act, for further amending an Act, intituled an Act for amending the Staple of Tobacco, &c.

4. An Act, to impower the Justices of the Supreme Courts to take the acknowledgment or Proof of Deeds, and for allowing them a Salary.

5. An Act, for the better establishing a Ferry, on the North East side of the North West River of Cape Fear, &c.

6. An Act for establishing a Town on the Land of James Leslie on Roanoke River.

7. An Act, to obviate doubts concerning Fees due on the proceedings in the Supreme Courts, &c.

8. An Act for preserving peace and continuing a good correspondence with the Indians, &c.

9. An Act for adding part of Beaufort to Craven County, &c.

10. An Act to amend an Act intituled an Act for the better regulation of the Town of New Bern, &c.

11. An Act to enable the Commissioners at the Church at Edenton, to discharge the contracts by them made, concerning the finishing the same.

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12. An Act to repeal an Act, intituled an Act for destroying Vermin in this Province.

13. An Act to dock the intail of certain Lands now in possession of Harding Jones, &c.

14. An Act to regulate Elections.

To which said Acts his Excellency was pleased to assent (except the Act to regulate Elections).

Then his Excellency the Governor was pleased to Prorogue this Assembly to the sixteenth day of February next.

True Copy.

Jno Smith, Clk of the Upper House of Assembly.



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