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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 21, 1757 - December 14, 1757
Volume 05, Pages 889-925

[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 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 &c and in the Year of our Lord One Thousand Seven hundred and fifty four and from thence Continued by Several Prorogations and Adjournments to the Twenty first day of November in the Twenty first year of the Reign of our said Lord the King to be then held at Newbern being the fifth Session of this Present Assembly.


Monday the 21st November 1757. The House met according to Prorogation.
Members Present.
Saml Swann Esqr Speaker.
Mr. John Starkey
Mr. John Hardy
Mr. George Moore
Mr. Wm Bartram
Mr. John Haymer
Mr. Jos. Bell
Mr. Saml Spruell
Mr. Thomas Whitmell
Mr. Jno Fonville
Mr. Wm Spier
Mr. Jno Harvey
Mr. Isaac Jones
Mr. Richd Caswell
Mr. Wm Houston
Mr. Joseph Bryan
Mr. Timothy Walton
Mr. Jas Davis
Mr. Stephen Cade
Mr. Thomas Smith
Mr. Francis Brice
Mr. Benj. Harvey
Mr. James Paine
Mr. Jno Ashe
Mr. James Conner

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


Tuesday the 22d of November 1757. The House met according to Adjournment.

Mr. Thomas Barker the Member for Edenton, Mr. Wyat one of the Members for Pequimons County, Mr. Edward Vail one of the Members

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for Chowan County and Mr. Francis Brown one of the Members for Currituck County, Appeared and took their Seats in the House.

A Certificate of the return of the Writ for Electing a Member for the Town of Brunswick in New Hanover County to sit and vote in this present Assembly was laid before this House pursuant to which Mr. Maurice Moore appeared took the Oaths Appointed by Law for his Qualification subscribed the Test and took his seat in the House.

Ordered That Mr. Brown and Mr. Ashe wait on his Excellency the Governor and acquaint him that the House is met and ready to proceed on Business.

Pursuant thereto Mr. Brown and Mr. Ashe waited on His Excellency the Governor and being returned acquainted the House that His Excellency desired the Immediate attendance thereof in the Council Chamber.

The House waited on his Excellency the Governor in the Council Chamber where his Excellency was pleased to make a Speech to this House and the Council a copy of which to prevent mistakes Mr. Speaker obtained, which he laid before the House.

Ordered the same be read.

The same was read accordingly and Ordered to be entered in the Journal of this House as follows Vizt

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

On motion Ordered that Mr. Barker, Mr. Starkey, Mr. John Harvey, Mr. Maurice Moore and Mr. John Ashe prepare an address in answer to his Excellency the Governors Speech and lay the same before the House for approbation.

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


Wednesday the 23rd November 1757. The House met according to adjournment.

Mr. John Campbell one of the members for Bertie County and Mr. Joseph Herron one of the members for Chowan County appeared and took their seats in the House.

Mr. Francis Ward one of the Members for Tyrrell County appeared and took his seat in the House.

Mr. Barker reported from the Committee appointed to prepare an Address in answer to his Excellency the Governor that the Committee had prepared the same which he presented to the House.

Ordered the same be read.

The same was read accordingly, the House approves thereof and Ordered the same stand the Address of the House and be Entered on the Journal thereof as follows

-------------------- page 891 --------------------


North Carolina—ss.

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

The Address of the Assembly of the said Province.

Sir,

We his Majestys most dutyfull and loyal Subjects the Members of the Assembly of North Carolina return your Excellency our Thanks for your Speech at the opening of this Session. The Critical Situation of Affairs in Europe excites our anxiety for the welfare of Great Britain, Whilst we are under the Greatest Concern that a succession of disappointments should have rendered Ineffectual the several aids we have granted to his Majesty for the defence of the Colonies there is nothing more precarious than the Events of War, Thō ever so prudently conducted the best of scholars by unexpected Accidents are often frustrated, but their uncertainties can never diminish our duty to the best of Kings nor lessen our attachment to the interest of those we represent.

We are truly sensible of the obligations we owe to his Majesty and his Parliament for their bounty so seasonably bestowed on this Province at a Juncture when its Inhabitants are greatly Impoverished by frequent thō necessary Taxations Imposed for no less than the defence of the British Territories in America.

The Expediency of what you have been pleased to recommend in respect to securing our Forts and frontier is so apparent that we shall zealously exert ourselves to Effect those valuable purposes.

We hope the sums already raised will be sufficient for paying the debts contracted out of the Province and for finishing the Forts but if upon Inspecting the Accounts they should fall short We shall consult on Ways and Means by which the deficiency may be made good that our proportion of the moneys granted by his Majesty and the Parliament may be Transmitted to us without any deduction.

We shall make an adequate allowance for the Care which has been taken by the Storekeeper your Excellency has been pleased to appoint and beg leave to Express our Gratitude to His Majesty for the Artillery sent for Fort Johnston a part of which we hope may by your Excellencys direction be applyed to the use of Fort Granville it being a place of the greatest importance to the Trade of this Colony.

We shall take into consideration what you have so justly remarked in relation to the Clergy and your Excellency may be assured that due Attention should be given to every other Matter you have been pleased to recommend.

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Your Excellencys Assiduous application to public Business the Candour wherewith you have represented our Affairs to his Majesty and your steady adherence to everything that may advance the Welfare of those under your Government justly merit our warmest thanks and most sincere wishes for your long and happy Administration.

By Order
SAML SWANN Speaker.

Mr. James Carter one of the Members for Rowan County having been made acquainted with the Order of this House of last Session relating to his neglecting to apply the Sum of £500 put in his hands for the purchasing Arms for the Public and that he should attend the House this Session to Answer the said Charge, in obedience to the said Order

It is therefore Resolved Nem. Con. That the said James Carter be expelled his seat in this House as a Member for Rowan County &c.

On motion Ordered that a Message be sent to his Excellency the Governor to desire he would be pleased to direct the Clerk of the Crown to Issue a writ to the Sheriff of Rowan County to Cause to be Elected a person duly qualified to sit and vote in this present Assembly as a Member for the said County.

On motion Ordered that Mr. John Harvey, Mr. George Moore, Mr. James Paine, Mr. James Davis, Mr. Benj. Harvey, Mr. Joseph Herron, and Mr. Maurice Moore be appointed a Committee to Examine State and Settle the Public Accounts of this Province and that Mr. John Starkey, Mr. Thomas Whitmell, Mr. John Ashe Mr. Wm Bartram, Mr. James Conner and Mr. Richard Caswell and Mr. Francis Brown be appointed a Committee to Settle and allow Public Claims in Conjunction with such of his Majestys Council as they shall think proper to Appoint and that the following Message be sent to the Council (vizt)

Gentlemen of His Majestys Honble Council

This House have appointed Mr. John Harvey, Mr. George Moore, Mr. James Paine, Mr. James Davis, Mr. Benja Harvey, Mr. Joseph Herron and Mr. Maurice Moore a Committee thereof to Examine state and settle the Public Accounts of this Province and Mr. John Starkey, Mr. Thomas Whitmell, Mr. John Ashe, Mr. Wm Bartram, Mr. James Conner, Mr. Richard Caswell and Mr. Francis Brown a Committee to settle and allow the Public Claims on this Province in Conjunction with such of your Honours as you shall think proper to Appoint for those purposes.

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

Then the House adjourned till 4 o'Clock Afternoon

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P. M. The House met according to Adjournment

Sent the following Message to his Excellency the Governor Viz:

Sir,

Mr. James Carter one of the Members for Rowan County for reasons appearing to this House being expelled the same, Desire your Excellency would be pleased to direct the Clerk of the Crown to Issue a Writ to cause to be elected a Person duly qualified to sit and vote in this present Assembly for the said County in the room of the said James Carter.

By Order
S. S. S.
Sent by ——

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

Mr. Speaker with the House waited on His Excellency the Governor in the Council Chamber where Mr. Speaker presented to him the Address of this House to which his Excellency was pleased to return for Answer as follows Vizt

It is very agreeable to me to find you are justly sensible of his Majesty's Paternal Goodness and Care of this Province in giving so considerable a Bounty to enable this Province to Act in Defence of his just American Rights and a supply of Stores for our Defence and of your steady zeal in Exerting yourselves in Defence of our Rights and Possessions and it gives me a Sensible Pleasure that the Representations I have made of this Province to his Majesty and my Endeavours to serve this Colony are agreeable to you.

Then Mr. Speaker with the House returned

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


Thursday the 24th November 1757. The House met according to adjournment.

Mr. Joseph Sutton one of the Members for Perquimons County and Mr. Wm Mackey one of the Members for Tyrrell County appeared and took their seats in the House.

Mr. Ashe moved that a proper reward be given to the Indians now in town who have been in an Action against the Swanees and produced a Scalp.

Ordered that the sum of Ten pounds proclamation Money be paid to Mr. Thomas Whitmell and Mr. Brice by the Treasurers to be laid out in Presents for the said Indians and the said sum to be allowed the Treasurers in their Accounts with the Public.

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Mr. Vail moved that a Sufficient Sum be allowed and paid to the Neutral French in and about Chowan County towards their subsistance.

Resolved, That the sum of Twenty five pounds proclamation Money be laid out in provisions and other necessaries by the Treasurer of the Northern District and delivered the said Neutrals and that the said sum be allowed him in account with the Public.

On motion Ordered that Mr. Wm Mackey and Mr. Fonville be added to the Committee of Claims.

The House adjourned till 3 o'clock Afternoon.

P. M. The House met according to adjournment.

A certificate of the return of a Writ for electing two members for Orange County to sit and vote in this present Assembly was laid before this House Pursuant to which Mr. William Churton and Mr. John Gray appeared took the Oaths appointed by Law for their Qualification subscribed the Test and took their seats in the House.

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


Friday the 25th of November 1757. The House met according to adjournment.

Mr. Thomas Weeks one of the members for Perquimons County appeared and took his Seat in the House.

Mr. Barker moved for leave to bring in a Bill for granting an Aid to His Majesty for Payment of the Forces to be continued in the service of this Province.

Ordered That Mr. Barker, Mr. John Harvey, Mr. Maurice Moore, Mr. George Moore, Mr. John Ashe, Mr. John Starkey, Mr. John Campbell, Mr. John Herron and Mr. Thos. Whitmell do prepare and bring in the said Bill.

Mr. John Harvey presented to the House the Petn of Joseph Henegan setting forth that he Enlisted in his Majestys Service under the Command of Thos McManus and others by reason of several hardships which he endured whilst in the service he is rendered incapable to get his Livelihood, Praying Relief &c.

Ordered the same lye on the Table till to morrow for Consideration.

Mr. Caswell moved for leave to bring in a Bill for the better establishing a ferry on the North East side of the North West River of Cape Fear being the place commonly called Dawsons Ferry and for preventing any other ferry within miles of the said place and the opposite side of the River.

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

Mr. Caswell brought in the above said Bill which he read in his place

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and delivered in at the Table where the same was again read by the Clerk, passed and Ordered to be sent to the Council.

Mr. Brown moved for leave to bring in a Bill to prevent Excessive and deceitfull gaming.

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

Mr. Brown 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 two Bills to the Council by Mr. Brown and Mr. Caswell.

Mr. Caswell presented a Certificate from the County Court of Duplin thereby Certifying that Thomas Bales of Duplin County is aged and Infirm and recommending him to this House to be exempt from paying Public Taxes and doing Public Dutys.

Ordered he be exempt accordingly.

Mr. Hardy presented a Certificate from the County Court of Hyde thereby Certifying that Peter Seath of Hyde County is a proper object to be exempt from paying public Taxes and doing Public Duties.

Ordered he be exempt accordingly.

Mr. Hardy Presented a Certificate from the County Court of Beaufort thereby certifying that Edward Dowden of said County is poor and unable to do public Services and recommending him to be exempt therefrom.

Ordered he be exempt accordingly.

Mr. Ashe having made appear to this House that the County Court of New Hanover had Granted a Certificate to Wm Harvey of the said County therein Certifying that the said Wm Harvey is poor and infirm and recommending him to be exempt from paying Public Taxes and doing Public Duties,

Ordered he be exempt accordingly.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

Mr. Spier presented a Petition from several Inhabitants of Beaufort County setting forth that they labour under many Inconveniences in regard to the Law passed in the year 1745 Praying a Law may pass to put the Inhabitants of said County under the like regulations prescribed and directed by an Act Passed in the Year 1756 for Establishing public Roads and ferries and for the better regulation of the same in several Counties.

On motion Ordered that Mr. Spier do prepare and bring in a Bill for the Purpose in the said Petition Contained.

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Mr. Fonville presented a Petition from several of the Inhabitants on the South side of Bay River and lower Broad Creek.

Ordered the same lye for consideration.

Received from the Council the Bill for preventing Excessive and deceitful gaming

And the Bill for the better Establishing a ferry on the North East side of the North West Branch of Cape Fear River &c. Endorsed 25th November 1757 In the Upper House read the first time and passed.

Then the House adjourned till 10 o'clock to-morrow morning.


Saturday the 26th of November 1757. The House met according to Adjournment.

Mr Wm Williams one of the Members of Edgcomb County appeared and took his seat in the House.

On motion Ordered the Bill for Establishing a ferry on North East side of North West Branch of Cape Fear River be read a second time.

Read the same the second time.

Sent by Mr. Ashe and Mr. Williams.

Mr. Ashe moved that the absent Members who have not sent sufficient Reasons for their Absence be sent for in Custody at such Absent Members Expence.

Resolved the said Absent Members be sent for in Custody and that Mr. Speaker Issue his Warrant accordingly.

Mr. Bell presented to the House a Certificate from the County Court of Carteret thereby Certifying that John Oglesby of the said County is very poor aged and infirm and recommending him to be exempt from paying public Levys and doing Public Services.

Ordered he be exempt accordingly.

Mr. Ashe Presented a Petition of Several of the Inhabitants of St. Marys Parish in Edgcomb County setting forth That the Tax was laid on the parishioners of the said Parish of 4s 6d per poll in the year 1755 and that a law passed for dividing the Parish of Edgcomb into two distinct parishes &c Praying &c.

Mr. Ashe moved for leave to bring in a bill pursuant to the prayer of the said Petition.

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

Mr. Ashe 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. Ashe and Mr. Williams.

The Order of the day being read The House took under consideration the Petition of Joseph Henegan and Resolved that the Treasurer of the

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Southern District pay the said Joseph Henegan forty pounds Proclamation Money toward payment of his debts contracted here by the said Joseph Henegan and for his Passage from hence home.

Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council,

This house taking into Consideration the Petition of Joseph Henegan 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 Henegan forty Pounds proclamation money towards payment of the debts contracted here by the said Joseph and for his passage from hence home to his friends and desire your Honours Concurrence thereto.

By Order
S. S. S.
Wm Herritage Clk

Sent by Mr. Bartram and Mr. Haymer

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


Monday the 28th November 1757. The House met according to Adjournment.

Mr. Spier moved for leave to bring in a Bill for the better Regulation of the Roads in the Counties of Orange &c.

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

Mr. Spier 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. Bartram and Mr. Spier.

Mr. Vail moved that Commissioners be Appointed to examine the state and Condition of Fort Dobbs at Topsail Inlett

Resolved That Mr. Edward Vail Mr. Francis Brown and Mr. Richard Caswell do view the state and condition of the said Fort and Report the same to the House.

Received from the Council The Bill to Impower the Church Wardens of the Parish of St Marys in Edgcomb County to Collect the Arrears of the Tax laid in 1755.

And the Bill for the better Establishing the ferry on the North East side of the North West River of Cape Fear &c

Endorsed November 28th 1757 In the Upper House read the first time and passed

A Certificate from the Secretarys Office was laid before this House thereby Certifying that Hugh Waddell Esqr was returned by the Sheriff of Rowan County duly Elected member for the said County in the room

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of Mr. James Carter to sit and vote in the present Assembly Pursuant to which the said Hugh Waddell Esqr Appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his Seat in the House

Then the House adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment.

Mr. Bell presented to the House a Certificate from the County Court of Carteret thereby certifying that Job Prior of said County is a Cripple and very poor recommending him to be Exempt from paying public Taxes and doing Public Duties.

Ordered to be exempt accordingly

Mr. Davis presented a Memorial of Sundry Merchants Traders and others residing in this Province, Setting forth that the Memorialists are greatly grieved by the present Inspection Law so far as relates to Beef and Pork and pray that the same may be taken into Consideration and that a Bill may be brought in to Amend the said Inspection Act, and moved for leave to bring in a Bill to Amend the Act Intituled an Act for inspecting Pork Beef Rice Indigo, Tarr, Pitch, Turpentine staves headings shingles and lumber.

Ordered that Mr. Davis, Mr. Campbell, Mr. Jno. Harvey do prepare a Bill pursuant to the prayer in the said Memorial.

Then the House adjourned till 10 o'clock tomorrow Morning.


Tuesday the 29th of November 1757. The House met according to Adjournment.

Received from the Council the Bill for the better regulation of Roads in the Counties of Orange &c Endorsed 28th November 1757 In the Upper House read the first time and passed.

Mr. Harvey reported that Mr. Barker the Treasurer of the Northern District hath paid into the Committee of Accounts £1025 in Treasurers notes and Mr. Barker Treasurer of the Southern District hath paid into the said Committee the Sum of £1454 in Treasurers Notes and £61 not emitted of said notes and that Mr. Starkey Treasurer of the Northern District hath likewise paid into the said Committee the sum of £1051.15.11½ Proclamation Money on the Sinking fund, and that Mr. Starkey hath paid into said Committee the Sum of £934.17.5½ on the same fund and moved that the said several sums be burnt this Afternoon, and that a message be sent to the Council to Acquaint them thereof and also that they would appoint a Committee of their House to do so

The same done accordingly.

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Resolved, That the said several Sums be burnt at four o'clock this Afternoon at the House of Richard Cogdell and that the following message be sent to the Council (Vizt)

Gentlemen of His Majestys Honble Council

The Treasurers of this Province having paid into the Committee of Accounts the Sum of £2540 in Treasurers notes £61.0.0 of which not emitted, and that Thos Barker Esqr Treasurer of the Northern District hath paid into the said Committee the sum of £1051.15.11½ for the sinking fund, and John Starkey Esqr 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.

By order
S. S. S.
Wm Herritage Clk

On motion Ordered that the Bill for the better regulation of the roads in the Counties of Orange &c 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. Paine and Mr. Spier.

Mr. Barker moved for leave to bring in a Bill for altering the times for holding the Courts in the Counties of Northampton Granville and Orange.

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 and ordered to be sent to the Council.

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

Received from the Council the Bill for the better Establishing a ferry on the North East side of the North West River of Cape Fear &c. And the Bill to Impower the Church Wardens of the Parish of St. Marys in Edgcomb County &c. Endorsed November 28th 1757 In the Upper House read the first time and passed.

Mr. Barker moved for leave to bring in a Bill for Establishing a Town on the Land of James Leslie on Roanoke River.

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 passed and Ordered to be sent to the Council.

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

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Mr. Barker moved for leave to bring in a Bill for further amending an act Intituled an Act for amending the Staple of Tobacco to prevent frauds in his Majestys Customs.

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 passed and Ordered to be sent to the Council.

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

The House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council the following message (vizt)

Mr. Speaker and Gentlemen of the Assembly,

On reading your message relative to the burning the Treasurers Notes and the Sums for the Sinking funds paid in by the Treasurers of the Northern and Southern Districts to the Committee of Accounts

We have appointed the Honble John Swann and Lewis De Rossett Esqrs as a Committee of this House to join your House to see the same burnt.

In the Upper House 29th Nov 1757.

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


Wednesday the 30th November 1757 The House met according to Adjournment.

On motion Ordered the Bill for Establishing a Ferry on the North East side of the North West River of Cape Fear &c. be read the third time.

Read the same a third time and passed with Amendments and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Walton and Mr. Wyatt

Mr. Ashe moved for leave to bring in a Bill for regulating Elections, Members to serve in Assembly for the several Counties and Towns in this province

Received from the Council the Bill for further amending an Act Intituled an Act for amending the Staple of Tobacco and preventing frauds in his Majestys Customs.

The Bill for Establishing a Town on the Land of James Leslie on Roanoak River

And the Bill for Altering the times for holding Courts in the Counties of Northampton Granville and Orange.

-------------------- page 901 --------------------

Endorsed 29th November 1757 In the Upper House read the first time and passed

Mr. Thomas Lovick one of the members of Carteret County appeared and took his seat in the House.

On motion Ordered the Bill to impower the Church Wardens of the Parish of St Marys in Edgcomb County to Collect the Arrears of the Tax laid by the Parish of Edgcomb for the Year 1755 be read a second time.

Read the same a second time and passed with Amendment and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Walton and Mr. Wyatt.

On motion Ordered the Bill for Establishing a Town on the Land of James Leslie on Roanoak River, and the Bill for altering of time for holding Courts in the Counties of Northampton, Granville and Orange be read a second time.

Read the said two Bills a second time passed and Ordered to be sent to the Council

Sent the said two Bills to the Council by Mr. Walton and Mr. Wyatt.

Received from the Council the message sent them of Saturday last relative to the Allowance of Forty pounds to be paid by the Treasurer of the Southern District to Joseph Henegan &c Endorsed In the upper House 30th November 1757. Concurred with.

MATT ROWAN. P. C.

Then the House Adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment.

Received from the Council the Bill for Establishing a Town on the Land of James. Leslie on Roanoak River Endorsed 30th November 1757 In the Upper House read the second time and passed

Mr. Ashe moved for leave to bring in a Bill to repeal an Act Intituled an Act for destroying Vermin in this province

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

Mr. Ashe 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. Gray and Mr. Churton.

On motion Ordered the Bill for futher Amending an Act Intituled an Act for Amending the Staple of Tobacco &c. 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. Gray and Mr. Churton.

-------------------- page 902 --------------------

Received from the Council the Bill to Impower the Church Wardens of the parish of St. Marys in Edgcomb County to collect the arrears of the Tax laid by the Parish of Edgcomb for the year 1755. Endorsed 30th November 1757 In the Upper House read the second time Amended and passed.

Received from the Council the Bill for the better establishing a Ferry on the North East side of the North West River of Cape Fear. Endorsed 30th of November 1757 In the Upper House read the third time and passed. Ordered to be engrossed.

Received a Written Message from his Excellency the Governor by Mr. Powell as follows Vizt

Mr. Speaker and Gentlemen of the Assembly,

Mr. Brown having brought me down from the Catawba Nation some papers containing a strong talk from King Haglar and the Sachims desiring that we would finish the fort we have begun and make a Law to prevent Spiritous Liquors being sold to their young men I have sent the papers to you and desire you may take them into your Consideration and raise a sufficient supply to finish the Fort, but as there have been several contradictory papers sent to the North and South Provinces would not have the money issued until Mr. Atkins who has a Commission from his Majesty to transact all Indian Affairs in the Southern Provinces, Shall arrive in South Carolina and then proceed to the Catawba Towns and know from the Indians whether it is agreeable to them that we should finish the fort, And if they should appear to dislike it then the sum raised may be appropriated to other Public services in the Province.

Signed
ARTHUR DOBBS.

30th Nov 1757.

Resolved the said Message lye for Consideration.

Then the House Adjourned till to-morrow morning 10 o'Clock.


Thursday the 1st of December 1757. The House met according to Adjournment.

On motion Ordered that the Bill for Establishing a Town on the Land of James Leslie on Roanoak River be read the third time.

Read the said Bill the third time amended and passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Gray and Mr. Churton.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to Adjournment.

-------------------- page 903 --------------------

Mr. Williams moved for leave to bring in a Bill to dock the Entail of Certain Lands in the Possession of Harding Jones &c.

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

Mr. Williams brought in the 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. Williams and Mr. B. Harvey.

Mr. Sutton moved for leave to bring in a Bill for an Additional Act to an Act Intituled an Act to prevent stealing Cattle and Hogs &c.

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

Mr. Sutton 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. Williams and Mr. B. Harvey.

Then the House adjourned till 10 o'clock to-morrow morning.


Friday the 2nd of December 1757. The House met according to Adjournment.

Mr. Ward moved for leave to absent himself from the service of the House.

Ordered he have leave to be absent accordingly.

Mr. Barker moved for leave to bring in a Bill for Regulating Elections.

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 passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Conner and Mr. Waddle.

Mr. Davis moved for leave to bring in a Bill for the Revisal of the Laws of this Province.

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

Mr. Davis 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. Conner and Mr. Waddle.

Mr. Starkey acquainted the House that there was a quantity of rum imported in this Province and afterwards seized by the Collectors of his Majestys Customs for the port of Beaufort and the Country dutys refused to be paid. Therefore moved to have the opinion of the House If the said Dutys on the said Rum are due and payable or not.

The House took the same under consideration and Resolved That by virtue of the Act for granting to His Majesty the sum of £4,000, &c., the dutys on the said sum are due and payable notwithstanding the said

-------------------- page 904 --------------------
seizure to the Receiver of the said Dutys in Onslow County within the Port of Beaufort and that the seizing Officer do pay the same accordingly.

Received from the Council the Bill for Establishing a Town on the land of James Leslie on Roanoak River. Endorsed December 1st 1757 In the Upper House read the third time and passed. Ordered to be engrossed.

And the Bill to repeal an Act Intituled an Act for Destroying Vermin in this Province. Endorsed 1st December 1757 In the Upper House read the first time and passed.

The Order of the day being read the House took under consideration the Message his Excellency sent to this House by Mr. Powell and Resolved the following answer be sent to his Excellency (to wit)

Sir

The Assembly taking under consideration your Excellencys Message relative to the Fort begun near the Catawba Nation, We have had Several Reports from the Nation Altogether Repugnant to the Writing signed by several of them referred to by your Excellency which leaves us in great doubt whether the finishing the said Fort would not rather displease than oblige them therefore think it would be best to deferr applying any more of the money we have raised (and hope will be sufficient for that purpose) till we be more fully satisfied of the statements of these people by Mr. Atkins Report or some other Information than we have hitherto had.

By order
S. S. S.

Dec 2d 1757

Sent the above Message to his Excellency.

Mr. Barker moved that a Committee be Appointed to bring in a Bill to enable the Commissioners of Fort Johnston and Fort Granville to finish the said Forts and to erect Barracks for accommodating the Troops in the said Forts and the following persons were accordingly appointed (vizt) Mr. Barker, Mr. Starkey and Mr. Maurice Moore.

Then the House Adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

Received from the Council the Bill to regulate Elections.

The Bill to Dock the Intail of Certain Lands now in Possession of Harding Jones &c. And the Bill for the Revisal of the Laws of this Province.

Endorsed 2d December 1757 In the Upper House read the first time and passed.

-------------------- page 905 --------------------

Mr. Barker from the Committee appointed to bring in 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

Reported that the said Committee had prepared the same which he presented to the House and then read the same 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. Ashe and Mr. Moore.

Mr. Harvey moved for leave to bring in a Bill to impower the Justices of the Supreme Courts to take the acknowledgement or Proofs of Deeds and for allowing them a Salary. 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. Sent the same to the Council by Mr. Williams and Mr. B. Harvey.

On motion ordered the Bill to Dock the Entail of Certain Lands in possession of Harding Jones &c. be read the second time. Read the same a second time and passed with amendment and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mau. Moore and Mr. Sutton.

On motion Ordered that the Bill for further amending an Act for amending the Staple of Tobacco and preventing frauds in his Majestys Customs be read a third time. Read the same a third time passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mau. Moore and Mr. Sutton.

Received from the Council the Bill for granting a further Aid to his Majesty for subsisting the forces necessary to be kept in the pay of this province &c. And the Bill to Impower the Justices of the Supreme Courts to take the acknowledgment or proof of Deed &c. Endorsed 2d December 1757 In the Upper House read the first time and passed.

Then the House Adjourned till to-morrow morning 10 o'clock.


Saturday the 3d of December 1757. The House met according to Adjournment.

On motion Ordered the Bill to regulate the Elections be read.

Read the same and on motion Resolved that the House Resolve into a Committee of the whole House to consider and debate on the subject matter of the said [bill].

The House Resolved into a Committee of the whole House for the purposes aforesaid and made choice of a Chairman who was placed in

-------------------- page 906 --------------------
the Chair Accordingly and after some time spent therein and several amendments proposed to the said Bill, 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 proposed several amendments to the said Bills which he reported and submitted the same to the House.

The House taking the said amendments under consideration agreed thereto and Resolved that the said Amendments be inserted in the said Bill.

The same are inserted accordingly.

Read the said Bill a second time and passed with the said amendments and Ordered the same be sent to the Council

Sent the same to the Council by Mr. Ashe and Mr. G. Moore.

Received from the Council the Bill for further amending an Act intituled an Act for amending the Staple of Tobacco &c Endorsed 3d December 1757 In the Upper House read the third time and passed.

Ordered to be engrossed.

And the Bill to Dock the Entail of Certain Lands now in Possession of Harding Jones Endorsed 3d Dec 1757 In the Upper House read the second time amended and passed.

Mr. Barker from the Committee Appointed to prepare and bring in a Bill to enable the Commissioners of Fort Johnston and Fort Granville to finish the said forts and to erect barracks for accommodating the troops of the same reported that the Committee had prepared the said Bill which he presented to the House.

Read the same in his place and delivered it 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. Harvey and Mr. Sutton.

Mr. Ashe moved for leave to bring in 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 Lotts in the said Town.

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

Mr. Ashe 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. Davis and Mr. Fonville.

Received from the Council the Bill to enable the Commissioners of Fort Johnston and Fort Granville to finish the said Forts and to Erect Barracks Endorsed 3d December 1757 In the Upper House read the first time and passed.

-------------------- page 907 --------------------

Mr. Ashe moved for leave to bring in a Bill for dividing the Parish of St James in New Hanover County into two Distinct Parishes.

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

Mr. Ashe 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. Davis and Mr. Fonville.

On motion Ordered The Bill to impower the Justices of the Supreme Courts to take the acknowledgment or proof of Deeds and be read a second time.

Read the same a second time amended and passed.

Ordered to be sent to the Council.

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

On motion Resolved that no Bill shall be received in the House after Monday next.

On motion Ordered the Bill to Impower the Church Wardens of the Parish of St. Marys in Edgecomb County &c be read a third time.

Read the same a third time and on motion Rejected Nem. Con.

On motion Ordered the Bill to establish the Commissioners of Fort Johnston and Fort Granville to finish the said Forts and Erect Barracks &c 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. Davis and Mr. Fonville.

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

Read the same a second time and passed.

Ordered the same be sent to the Council.

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

On motion Ordered the Bill for Revisal of the Laws of this Province be read.

Read the same and then on motion Resolved the House Resolve into a Committee of the whole House to consider and debate on the Subject Matter of the said Bill.

The House Resolved into a Committee of the whole House for the purposes aforesaid and Chose Mr. John Harvey Chairman who was placed in the Chair accordingly and after some time spent therein and several amendments proposed thereto which Mr. Chairman was directed to report to the House,

Then on motion Mr. Speaker resumed the Chair.

-------------------- page 908 --------------------

Mr. Chairman reported that the Committee had proposed several Amendments to the said Bills which he laid before and submitted the same to the House.

The House taking under Consideration the said Amendments agreed thereto and Resolved that the said Amendments be inserted in the said Bill.

The same were inserted accordingly.

Then on motion Ordered the Bill with the said amendments be read a second time

Read the same a second time and passed with the said amendments and Ordered to be sent to the Council.

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

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


Monday the 5th of December 1757. The House met according to Adjournment.

Mr. Barker Moved for leave to bring in a Bill to Obviate Doubts concerning the fees on Proceedings in the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery.

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, passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Caswell and Mr. Haymer.

Mr. Barker moved for leave to bring in a Bill to enable the Commissioners of the Church of Edenton to discharge the Contracts by them made concerning the finishing the same.

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 passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Caswell and Mr. Haymer.

Received from the Council the Bill for dividing the parish of Saint James in New Hanover County into two Distinct parishes, and the Bill to amend an Act Intituled an Act for the better regulation of the Town of New Bern for securing the Titles of persons who hold Lotts in the said Town. Endorsed 3rd December 1757 In the Upper House read the first time and passed.

Mr. John Harvey moved for leave to bring in a Bill to appoint a Receiver of the Duties arising on Wine rum and other spiritous Liquors Imported in Neuse River in the room of Mr. Jeremiah Vail and for the

-------------------- page 909 --------------------
more Effectually obliging the receivers of the said Duties to account for and pay the same.

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.

Sent the same to the Council by Mr. Caswell and Mr. Haymer.

On motion Ordered the Bill to Dock the Entail of Certain Lands now in Possession of Harding Jones be read a third time.

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

Sent the same to the Council by Mr. Caswell and Mr. Haymer.

Mr. Brown, Mr. Caswell and Mr. Vail who were appointed to view the state and condition of Fort Dobbs and Topsail Inlet laid a state of the same before the House as follows, Vizt

That the Battery is built agreeable to the plan annexed to the same and that the said Fort is in no condition of defence being built in so slight a manner and having no guns powder and ball; That the House within the said Battery is well built and of the dimentions following (to wit) Forty feet in length, Thirty feet wide and twelve feet pitch, it has three floors, On the lower of which there are four Rooms and a fire place in each room.

Signed
FRANs BROWN
EDWd VAIL
RICHdCASWELL

Dated 5th day of Dec 1757

On motion Ordered the 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 be read.

Read the same and on motion Resolved the House resolve into a Committee of the whole House to Consider and Debate the Subject Matter of the said Bill the House Resolved into a Committee of the whole House to Consider and Debate on the Subject Matter of the said Bill Mr. Starkey Chairman who took the Chair accordingly After some time spent therein and several alterations and amendments proposed in and to the said Bill 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 proceeded on the several matters contained in the said Bill and had proposed several alterations and amendments thereto which he laid before the House.

Ordered the said alterations and amendments be read.

Read the same.

-------------------- page 910 --------------------

Then on motion the House Resolved to take the said amendments under consideration in the afternoon.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to Adjournment.

Received from the Council the Bill to appoint a Receiver of the Duties arising on Wine and Rum and other spiritous Liquors Imported into Neuse River in the room of Mr. Jeremiah Vail &c. Endorsed 5th December 1757 In the Upper House read the first time and passed.

And the Bill to Repeal an Act Intituled an Act for destroying Vermin in this Province. Endorsed 5th December 1757 In the Upper House read the second time and passed.

The Order of this morning being read the House took under Consideration the alterations and amendments proposed by the Committee of the whole House in and to the Aid Bill and Resolved the Alterations and Amendments proposed by the said Committee be Inserted in the said Bill.

The same are accordingly Inserted, and Ordered the said Bill pass with the said amendments and be sent to the Council.

Sent the same to the Council by Mr. Bartram and Mr. Jones.

Received from the Council the Bill to obviate doubts concerning fees due on proceedings in the Supreme Courts of Justice &c. and the Bill to Enable the Commissioners of the Church at Edenton to discharge the Contracts by them made concerning the finishing the Church. Endorsed 5th December 1757 In the Upper House read the first time and passed.

The Bill to Dock the Entail of Certain Lands now in Possession of Harding Jones &c. Endorsed 5th December 1757 In the Upper House read the third time and passed. Ordered to be engrossed.

The Bill to Enable the Commissioners of Fort Johnston and Fort Granville to finish the Forts &c. Endorsed 5th December 1757 In the Upper House read the second time and passed.

The Bill to regulate Elections Endorsed 5th Dec 1757 In the Upper House read the second time and passed with amendments.

The Bill to Impower the Justices of the Supreme Courts to take the Acknowledgment of Deeds. Endorsed 5th Dec 1757 In the Upper House read the second time amended and passed.

On motion Ordered that the Bill to enable the Commissioners of Fort Johnston and Fort Granville to finish the said Forts &c be read the third time.

Read the said Bill the third time and passed.

Ordered the same be sent to the Council.

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

-------------------- page 911 --------------------

On motion Ordered the Bill to impower the Justices of Supreme Courts to take the Acknowledgement of Deeds be read a third time.

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

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

Then the House Adjourned till tomorrow 10 o'clock.


Tuesday the 6th of December 1757. The House met according to Adjournment.

On motion Ordered the Bill to Obviate Doubts concerning fees due on proceedings in the Supreme Courts of Justice &c be read a second time.

Read the same a second time and passed.

Ordered the same be sent to the Council.

Sent the same to the Council by Mr. Gray and Mr. Churton.

On motion Ordered the Bill to regulate Elections be read a third time.

Read the same a third time and passed with amendments, and ordered to be sent to the Council.

Sent the same to the Council by Mr. Gray and Mr. Churton.

On motion Ordered the Bill to repeal an Act Intituled an Act for destroying Vermin in this Province be read a third time.

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

Sent the same to the Council by Mr. Gray and Mr. Churton.

On motion Ordered the Bill to enable the Commissioners of the Church at Edenton to Discharge the Contracts by them made concerning the finishing the said Church 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. Gray and Mr. Churton.

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

Read the same a second time.

Mr. Ashe moved the said Bill be proceeded on.

Mr. Maurice Moore objected thereto and moved That the said Bill be rejected and presented a Petition from several of the Inhabitants of the said Parish setting forth that it will be very injurious to the Petitioners if the same Parish should be divided After several Debates thereon the Question was put and Resolved the said Bill be proceeded on.

Mr. Barker moved that the House resolve into a Committee of the whole House to Consider the Subject matter of the said Bill.

Resolved the House Resolve into a Committee of the whole House for the purposes aforesaid.

-------------------- page 912 --------------------

The House Resolved into the Committee of the whole House and Chose Mr. Barker Chairman After some time spent therein and an amendment proposed 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 proposed an Amendment to the said Bill which he laid before and submitted to the House.

The House Resolved the said Amendments be Incerted in the said Bill

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

Sent the same to the Council by Mr. Gray and Mr. Churton.

Mr. Davis one of the Committee appointed to prepare and bring in a Bill to regulate the inspection of Pork and Beef reported that the Committee had prepared the same which he presented to the House and read the same 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. Gray and Mr. Churton.

Then the House Adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment

On motion Ordered the Bill to prevent Excessive and Deceitful Gaming be read a second time.

Read the same a second time, and on motion Rejected

Received from the Council the Bill to Enable the Commissioners of Fort Johnston and Fort Granville to Finish the said Forts and to Erect Barracks &c.

And the Bill to Impower the Justices of the Supreme Court to take the Acknowledgment or proof of Deeds &c

Endorsed 6th December 1757 In the upper House read the third time and passed Ordered to be engrossed

And the Bill to repeal an Act Intituled an Act for destroying Vermin in this province. Endorsed 6th December 1757 In the Upper House read the third time and passed Ordered to be engrossed

And the Bill to regulate the Inspection of Pork and Beef Endorsed 6th December 1757 In the Upper House read the first time and passed

Received a Written Message from his Excellency the Governor by Mr. Powell as follows


6th December 1757.

Having received from the Lords Commissioners for Trade and Plantations recommending Edmund Atkins Esqr to be Appointed by his Majestys Agent and Superintendant for Indian Affairs in the Provinces of Virginia North and South Carolina and Georgia, I herewith send you

-------------------- page 913 --------------------
a Copy of said Letter along with a letter from Mr. Atkins representing what he thinks very proper to be passed into a Law. To have a Law passed of the same nature through all the provinces that all may Act in Concert I think what is proposed with some Alterations will be of Great Service to His Majesty and the Colonies and therefore Recommend it to you for your Consideration in Order to have your thoughts in Case it should be too late to pass a Law this Session to show our Willingness to Act in Concert with the rest of the Colonies.

ARTHUR DOBBS
To Saml Swann Esqr Speaker of the House of Assembly.

And also the Letter and Copy of the Letter referred to in the said Message.

On motion Resolved the Consideration of the said Message be referred till Thursday next.

Then the House adjourned till to-morrow morning 10 o'clock.


Wednesday the 7th December 1757. The House met according to Adjournment.

Then the House adjourned till to-morrow morning 10 o'clock.


Thursday the 8th December 1757. The House met according to Adjournment.

Received from the Council the Bill for granting a further Aid to his Majesty &c. Endorsed 6th Dec 1757 In the Upper House read the second time Amended and passed.

And the Bill to Obviate Doubts concerning fees due on proceedings in the Supreme Courts &c. Endorsed 6th Dec 1757 In the Upper House read the second time and passed.

On motion Ordered the Bill for granting a further Aid to his Majesty &c be read a third time. Read the same a third time Amended passed and Ordered to be sent to the Council. Sent the same to the Council by Mr. Churton and Mr. Gray.

Received from the Council the Bill to Enable the Commissioners of the Church at Edenton to discharge the Contracts by them made concerning the finishing the same. Endorsed 8th December 1757 In the Upper House read the second time and passed.

And also the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to regulate Elections, We find the following Amendments necessary Vizt

-------------------- page 914 --------------------

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 Surveyor or Deputy Surveyor ought to be expunged and from the Oath taken by the Electors. We are of opinion that the following Clause ought to be struck off (Vizt) And that you will vote for no representative but such as you think best qualified and most inclined to promote his Majestys Interest and that of this Country to which Amendments desire your concurrence, and if you Concurr that you will be pleased to send two of your Members to see the Amendments made.


Dated 8th December 1757.

On reading and considering the above Message the House Resolved that the following Message be sent to the Council Vizt

Gentlemen of His Majestys 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 Alteration you propose would render Ineffectual the provision made by the Assembly for securing the freedom and impartiality which ought to be observed in Elections and therefore cannot agree to either of the said Alterations.

Sent by Mr. Haymer and Mr. Sutton.

On motion Ordered the Bill to amend an Act Intitled an Act for the better regulation of the Town of Newbern, &c., be read a second time.

Read the same a second time, amended and passed. Ordered to be sent to the Council.

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

Pursuant to order Mr. Davis brought in a Bill for adding part of the County of Beaufort to Craven County and for assertaining the Dividing line between the said Counties 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. Davis and Mr. Fonville.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for adding part of the County of Beaufort to Craven County. Endorsed 8th December 1757 In the Upper House read the first time and passed.

On motion Ordered that the Bill to obviate Doubts concerning fees due on proceedings in the Supreme Courts, &c., be read the third time.

-------------------- page 915 --------------------

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

Sent the same to the Council by Mr. Haymer and Mr. Sutton.

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

Read the same a second time amended and passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Churton and Mr. Gray.

Received from the Council the Bill to amend an Act Intitled an Act for the better regulation of the Town of New Bern. Endorsed 8th Dec 1757 In the Upper House read the second time amended and passed.

On motion Ordered the Bill to regulate the Inspection of Beef and Pork be read the second time.

Read the same a second time, amended and passed. Ordered to be sent to the Council.

Sent the same to the Council by Mr. Churton and Mr. Gray.

Received from the Council the Bill to regulate Elections, and the Bill to obviate doubts concerning fees due on proceedings in the Supreme Courts of Justice. Endorsed In the Upper House read the third time and passed.

Ordered to be engrossed.

The Order of the Day being read the House referred the consideration of the Message from His Excellency the Governor relating to the Indian Affairs therein recommended by him to this House till to-morrow morning.

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


Friday the 9th of December 1757. The House met according to adjournment.

On motion Ordered the Bill to amend an Act for the Better regulating the Town of Newbern &c be read the 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. Fonville and Mr. Cade.

Mr. Caswell presented a certificate from the County Court of Johnston setting forth that Thomas Banks through old age and other infirmities is rendered incapable of getting a livelihood &c and recommending him to be exempt from paying public Taxes and doing public duties

Ordered he be exempt accordingly

Mr. Caswell Presented a Certificate from the County Court of Johnston thereby certifying that John Fishpool through age and other infirmities is rendered incapable of getting a livelihood and recommending

-------------------- page 916 --------------------
him to be exempt from paying Public Taxes and doing Public Duties

Ordered to be exempt accordingly

Mr. John Campbell having made appear to the House that John Wilson of Bertie County obtained a Certificate from the County Court of Bertie whereby he was recommended to this Assembly to be exempt from paying Public Taxes and doing public Duties

Ordered he be exempt accordingly

The House Adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment

Received from the Council the Bill to regulate the Inspection of Pork and Beef Endorsed 9th Dec 1757 In the Upper House read the second time amended and passed

And also 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 are of opinion the following Amendment is necessary “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 indorse a receipt and every Sheriff paying such notes Shall at making payments to the Treasurer 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 Incerted


9th December 1757.

The House on Considering the said Message Resolved That the following Message be sent to the Council (Vizt)

Gentlemen of His Majestys Honble Council

In Answer to your Message this Afternoon relative to the Amendments by you proposed to the Bill for Granting an Aid to his Majesty &c this House do agree to the said Amendments and have sent Mr. Campbell and Mr. Starkey two of the Members of this House to see the said Amendments made.

By Order
S. S. S.
Wm Herritage Clk

9th Dec 1757.
-------------------- page 917 --------------------

The Order of the day being read the House took under consideration the Message from His Excellency the Governor of the 6th Instant relating to the Indian Affairs and Also the Letter from the Lords of Trade, and the Letter from Mr. Atkins to his Excellency which were recommended by the Governor to this House and Resolved That a Bill be brought in for preserving peace and keeping a good Correspondence with the Indians in Alliance with his Majestys Subjects.

And on motion Ordered that Mr. Barker, Mr. Campbell and Mr. Starkey do prepare and bring in the same.

Received from the Council the 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. Endorsed 9th December 1757 In the Upper House read the third time and passed. Ordered to be engrossed.

Then the House Adjourned till to-morrow morning 10 o'clock.


Saturday the 10th of December 1757. The House met according to Adjournment.

On motion Ordered the Bill to enable the Commissioners of the Church at Edenton to discharge the Contracts by them made concerning the finishing the Church at Edenton be read the third time. Read the same the third time and passed. Ordered to be sent to the Council.

Sent the same to the Council by Mr. Smith and Mr. Waddell.

Received from the Council the Bill for adding part of the County of Beaufort to Craven County &c. And the Bill to regulate the Inspection of Pork and Beef. Endorsed 9th December 1757 In the Upper House read the second time amended and passed.

Received a Written Message from his Excellency the Governor by Mr. Powell.

I think it absolutely necessary for his Majestys Service and the future peace and safety of this and the Neighbouring Provinces that a Bill should pass this Session to Enable the Honble Edmund Atkins to regulate the Indian Trade and by That means to connect 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 Majestys gracious Intention will be defeated and the safety of the Colonies be Endangered by losing the Friendship of our Indian Allies.

ARTHUR DOBBS.

10th Dec 1757.
-------------------- page 918 --------------------

Received a Written Message from his Excellency the Governor by Mr. Powell (Vizt)

I think it very necessary at this time of Danger that a post should be Appointed to carry on a Correspondence with the Northern Province to Suffolk and from South Carolina to Wilmington.

I dont 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 a Storekeeper 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 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.

10th Dec 1757.

Received from the Council the Bill for granting a further Aid to His Majesty for subsisting the forces necessary to be kept in the pay of this Province. Endorsed 9th Dec 1757 In the Upper House read the third time amended and passed. Ordered to be Engrossed.

Received from the Council the Bill to Enable the Commissioners of the Church at Edenton to discharge the Contracts by them made concerning the finishing the same. Endorsed 10th December 1757 In the Upper House read the third time and passed Ordered to be Engrossed.

Mr. Barker from the Committee Appointed to prepare and bring in a Bill for preserving peace and keeping a good correspondence with the Indians in Alliance with his Majestys Subjects Reported that the Committee had prepared the same which he presented to the House read the same 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. Moore and Mr. B. Harvey.

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

Ordered he have leave accordingly.

On motion Ordered the Bill for adding part of the County of Beaufort to Craven County be read a third time.

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

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

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On motion Ordered the Bill to regulate the Inspection of Beef and Pork be read a third time.

Read the same a third time and the Question being put whether the same pass or be rejected, Resolved the same be rejected.

Resolved the following message be sent to his Excellency the Governor in answer to the message from him of this day Sent by Mr. Powell Vizt

Sir,

The Assembly having received by Mr. Powell your Excellencys several messages of this day and have as your Excellency has recommended ordered a Bill to be brought in which we hope will answer all the purposes you have mentioned in regard to supporting Mr. Atkins his Majestys Superintendant of Indian Affairs in the discharge of his duty. The Claim of the Storekeeper your Excellency has appointed has been laid before the Committee of Claims who have not yet made their report, but before the Session is over the Assembly will make a reasonable allowance for his Expence and Trouble.

This House is fully convinced of the necessity of continuing the Post to the places your Excellency has been pleased to mention and will make suitable provision for defraying the Expence with which it will be attended.

By order
S. S. S.
Wm Herritage Clk

10th December 1757.

Mr. Barker moved that the House would take under consideration the provision suitable for continuing a Post from Wilmington at Cape Fear to Suffolk in Virginia.

Resolved that the House take the same under consideration.

The House took the same under consideration and Resolved to receive proposals on that head on Monday next.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

On motion Ordered that the Bill for preserving peace and keeping a good Correspondence with Indians in alliance with his Majestys Subjects be read the second time.

Read the same a second time amended and passed.

Ordered to be sent to the Council.

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

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


Monday the 12th of December 1757. The House met according to adjournment.
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Received from the Council the Bill for continuing peace and keeping a good correspondence with the Indians in Alliance with his Majestys Subjects Endorsed 10th December 1757 In the Upper House read the second time and passed.

The Order of the day being read the House took under Consideration the provision suitable for continuing a post from Wilmington on Cape Fear River to Suffolk in Virginia, and 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 Wilmington to 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 Mackeys 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 that for the Service aforesaid the said Gentlemen be allowed and paid at the Expiration of the said year the Salary 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.

On motion Resolved the above resolve be sent to the Council for their Concurrence.

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

Resolved that it is the sense of this House that all Letters and public dispatches that shall be carried or brought by the said Post to and for the several Inhabitants shall be in Consideration of the said Salary delivered them or any of them free from any charge of postage of this Province in or throughout this province.

On motion Ordered the Bill for continuing peace and keeping a good Correspondence with the Indians in Alliance with his Majestys Subjects 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. Davis and Mr. Houston.

Received from the Council the Bill for adding part of Beaufort County to Craven County. Endorsed 10th Dec 1757 In the Upper House read the third time and passed. Ordered to be engrossed.

Mr. Cade moved for leave to absent himself from the service of the House.

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Ordered he have leave accordingly.

Mr. Gray moved for leave to absent himself from the service of the House.

Ordered he have leave accordingly.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for continuing peace and continuing a good Correspondence with the Indians in Alliance with his Majestys Subjects Endorsed 12th December 1757 In the Upper House read the third time and passed

Ordered to be Engrossed

Then the House Adjourned till 10 o'Clock tomorrow morning


Tuesday the 13th December 1757. The House met according to Adjournment

Received from the Council the Resolve of this House sent to them regarding the Salary to the Persons who are to keep the several post Offices therein mentioned Endorsed 12th December 1757 In the Upper House Concurred with

Mr. Starkey Chairman of the Committee of Public Claims presented to the House the Report of the said Committee for Concurrence. The Report was Read several amendments made thereto then the House Resolved the said Report be sent to the Council for Concurrence

Sent the said Report to the Council by Mr. Fonville and Mr. Davis.

Mr. John Harvey Chairman of the Committee of Public Accounts, Reported That the said Committee had stated and Settled the Accounts of Sundry Persons with the Public which he presented to the House to which the House Agreed and Ordered the same be sent to the Council for Concurrence.

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

Then the House Adjourned till 3 o'Clock Afternoon.

P. M. The House met according to Adjournment

Bazil Smith and David Humphrys Messengers having returned the Warrants to them directed by Mr. Speaker to take the several Members therein mentioned into Custody &c. The House Resolved That the sum necessary to be paid to the said Bazill Smith and David Humphrys Mr. Murden, Mr. Relf, Mr. Griffin Jones, Mr. Stephen Williams, Mr. John Surry and Mr. Woodhouse, Mr. Sumner, Mr. Kinchin, Mr. Murphree, Amount to £18.15.

On motion Resolved That a Commissary and Surgeon be allowed to each of the three Companys Directed by Law to be kept up that each

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Commissary be allowed five shillings and each Surgeon four Shillings proclamation Money per diem during the time the said Companys shall be kept in pay by the said Act, And that a Message be sent to the Council for their Concurrence

Sent the following Message to the Council by Mr. Bartram and Mr. Houston

Gentlemen of His Majestys Honble Council

This House have resolved that there be Allowed a Commissary and Surgeon to each of the three Companys directed by Law to be kept up And that each commissary be allowed five shillings and each surgeon be allowed four Shillings proclamation money per diem during the time the said three Companys shall be kept in pay by the said Act and desire your Honours Concurrence thereto

By Order
S. S. Speakr
Wm Herritage Clk

13th Dec 1757.

Then the House adjourned till to-morrow morning 10 o'Clock


Wednesday the 14th of December 1757 The House met according to Adjournment

Received from the Council the Reports of the Committee of Accounts and of the Claims 13th Dec 1757 Endorsed Concurred with

MATT ROWAN. P. C.

On motion Resolved that Thomas Barker Esqr Treasurer of the Northern District do pay the messengers who went for the absent members (to wit) To Bazil Smith seven pounds fifteen shillings proclamation money and the sum of nine pounds like money to David Humphrys out of the Contingent Tax which said sums the said Treasurer shall be repaid by the absent members in the proportions following (to wit) Mr. Robert Murden £2.2.0 Mr. Griffith Jones £2.2.0 Mr. Thomas Refl £2.2.0 Mr. John Surry £2.2.0 Mr. John Woodhouse £2.2.0 Mr. Dempsey Sumner £2.2.0 Mr. Wm Kinchin £2.2.0 and Mr. Wm Murphree £2.2.0

Received from the Council the Resolve sent from this House to them relative to the allowing a Commissary and a Surgeon to Each of the three Companys to be kept in the pay of this province. Endorsed 14th December 1757 In the Upper House concurred with.

By order
MATT ROWAN P. C.

On motion Resolved that the several Balances due to the several Officers and others for their pay and disbursements on Acct of the Troops

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heretofore in the pay of this province as reported by the Committee of Accounts be paid to them out of the £1873.13.5½ in the hands of Richard Spaight Esqr and that if there shall on the settlement of 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.

On motion Ordered That the above Resolve be sent to the Council for concurrence.

Sent by Mr. Waddel and Mr. Moore.

On motion Resolved That the Notes of Credit which are now redeemable and remaining unredeemed, be paid off by Mr. Barker Treasurer for 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

Resolved That the above Resolve be sent to the Council for their concurrence.

Sent the above Resolve to the Council for concurrence by Mr. Brice and Mr. Fonville.

Then the House Adjourned till 3 o'Cclock Afternoon.

P. M. The House met according to Adjournment.

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

Mr. Speaker with the House waited on His Excellency in the Council Chamber where Mr. Speaker presented the following Bills,

An Act, for granting a further Aid to his Majesty, for subsisting the Forces necessary to be kept in the pay of the province, and for other purposes.

To enable the Commissioners of Fort Johnston and Fort Granville to finish the Forts; and to erect Barracks for accommodating the Troops in the same.

For further amending an Act intitled An Act for amending the Staple of Tobacco, and preventing Frauds in His Majestys Customs.

To impower the Justices of the Supreme Courts to take the acknowledgment or Proof of Deeds; and for allowing them a Salary.

For establishing a Town on the Lands of James Leslie on Roanoke River.

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For the better establishing a Ferry on the North East side of the North West river of Cape Fear, being the place commonly called or known by the name of Dawsons Ferry.

To obviate doubts concerning Fees due on Proceedings in the Supreme Courts of Justice Oyer and Terminer, and General Goal Delivery.

For preserving Peace and continuing a good Correspondence with the Indians in Alliance with his Majestys Subjects.

An Act for adding Part of Beaufort to Craven County; and for ascertaining the dividing line between the said Counties.

To amend an Act, intituled An Act for the better Regulation of the Town of Newbern; and for securing the Titles of persons who hold Lots in the said Town.

To enable the Commissioners of the Church of Edenton to discharge the contracts by them made, concerning the finishing the same.

To repeal an Act intituled, An Act for destroying Vermin in the Province.

To dock the Intail of Certain Lands, now in Possession of Harding Jones, under a Devise in the Will of Frederick Jones Esq his Grandfather deceased, by whom the same were entailed.

To all which Thirteen Bills His Excellency was pleased to assent and then made the following Speech, a Copy of which to prevent mistakes Mr. Speaker obtained.

Then the House returned, and Mr. Speaker laid the said Speech before the House; ordered the same be read. Read the same and on motion Ordered That the same be entered on the Journals of this House and is as follows Vizt

Gentlemen,

I thank you for the supply you have granted to his Majesty for the Support of three Companies to defend the Forts and Western Frontier of this Province but would have wished for the good of the Province, that you had kept up the two Companies stipulated as our Quota to assist our neighbouring Colonies if necessary, as they were raised by His Majestys Recommendation, for the Safety of all the Colonies I wish your Parsimony at this critical Time may not be the occasion of a much greater Expence and Trouble to you if those Companies should be wanted, for then I must assemble you soon to meet again, and it will be a much greater Expence to cloath and raise so many more men, and if it should not be agreed to, if found necessary for His Majesty's Service, I am under Apprehensions that our dividend of his Majestys Bounty to this Province of 15000 which I expect, will be employed for his Majestys Service out of the Province.

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I shall only recommend to you the support of the Laws and the Preservation of the Peace of the Province in your Several Counties, upon your Return Home, and particularly to suppress the Spirit of protecting and harbouring deserters contrary to Law, and so dangerous to the future safety of this Province.

Received from the Council the Resolve sent this day relating to the payment of the Balances due to the several Officers and others, &c., and also the Resolve of this day relating to redeeming the Notes of Credit by Mr. Barker. Endorsed December 14th 1757 In the Upper House and Concurred with

MATT ROWAN P. C.
Also further endorsed and assented to
ARTHUR DOBBS.

Sent to the Council the Estimate of allowance to the Members, Clerks and Officers of this House for concurrence.

Received from the Council the Estimate of this House, sent to them for concurrence.

MATTHEW ROWAN P. C.

Endorsed December 14th 1757 In the Upper House, and concurred with.



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