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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 28, 1758 - May 04, 1758
Volume 05, Pages 998-1012

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


North Carolina—ss.

At an Assembly begun and held at Newbern 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 Eighth Day of April in the Thirty first year of the Reign of our said Lord the King to be held at New Bern being the sixth Session of this Present Assembly.


Friday the 28th April 1758. The House met according to Prorogation.

On motion, Ordered, That Mr. John Harvey and Mr. John Ashe wait on his Excellency the Governor, and acquaint him the House is met, and desire to know when they shall wait on him, Who being returned acquainted the House that His Excellency desired the immediate attendance thereof in the Council Chamber.

Mr. Speaker with the Members waited on his Excellency the Governor in the Council Chamber, where his Excellency was pleased to make a Speech to his Majestys Council and this House a copy of which, to prevent mistakes, Mr. Speaker obtained, which he laid before the House; and on motion, Resolved the same be read.

The same was accordingly read, and ordered to be inserted in the Journal of the House, and is as follows, Vizt

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

The cause of my calling you so suddenly together, upon the shortest notice, is from his Majestys commands, signified to me by Mr. Secretary

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Pitt by his Letter of the 30th of December last, to consult with you immediately, at this most emergent and critical Juncture, whereon the future Safety and Happiness of all his American Colonies depends.

An Opportunity offers, if you will now exert yourselves, of getting rid forever of your perfidious, restless, and inveterate Enemies the French from this American Continent, and of securing, for the future, our most holy Protestant Religion Liberties and Possessions, which if now neglected or slighted, may never be recovered; but as the whole is so emphatically and specifically sett forth in Mr. Pitts Letter, I shall forthwith lay it before you, with a letter from the Earl of Loudoun, our late Commander in Chief, and one from Brigadier General Forbes, who now commands under General Abercrombie in these Southern Provinces which will fully open to you what you may expect from a vigorous Exertion of your Power immediately and the little Hopes of Safety hereafter, if you neglect the present critical moment, for if we fail now by your neglect, Britain, under its Load of Debts, cant continue the Expence.

God Almighty, in his Providence, has remarkably shewn His immediate Power and Protection of the Protestant Religion, and the cause of Liberty, by the glorious success of the Arms of the indefatigable magnanimous and victorious King of Prussia, against the greatest Popish powers, and their Allies, in Germany, which will fully employ the French Arms and Finances, and may prevent their sending great supplies to America; and I have reason to hope, after the correction we have received from Providence for our gross neglect of His Worship and our sensualities, and our Treatment of the Indians, that God will now return and head our Armies and Councils in this Continent, in Defence of the Protestant Religion, and the cause of British Liberties in America; but if we now neglect this critical time, we must be given up to our cruel Enemies, and submit to French Tyranny and Popish Idolatry and Superstition, which God avert.

Mr. Speaker and Gentlemen of the Assembly,

I shall but just mention to your ill judged Parsimony, in having lessened the few Forces we had in Pay; but upon this grand Attack, and Critical Juncture, I am confident you will give such supplies as may enable us to exert our Force with the utmost Dispatch, as no Time must be lost, since our all is at stake, if we fail in our present opperations; and that you will show the same zeal you have hitherto done, upon the great aid offered to us by his Majesty, and Expectation of reimbursement, to enable us to raise Troops; and hope you will make more effectual Laws against the harbouring deserters; and that you will enable me

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to send out immediately such Troops as we have in Readiness in Pay to assist and operate where commanded: I hope also that you will give some Aid to open the Navigation of Ocacock, where the Channel is almost filled up.

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

I have nothing further to recommend to you at present, but as you value your holy Religion, Liberties and Possessions, and the future Safety and Happiness of your Posterity, I hope and expect that you will not neglect this only opportunity that Divine Providence has given into your Power, and has put into the Hearts of his Majesty and the Parliament, and the People of Britain to give you so chearfully such extraordinary assistance, which, if secured by these Colonies, will not fail, by the Blessing of God, of having the desired success, and of putting an end to all future extraordinary Expences; And you may be assured that I shall with the utmost zeal and Economy, co-operate with you in all just and necessary Measures, for your future Safety and happiness

On motion Ordered, That Mr. Robert Jones, Mr. John Starkey and Mr. John Harvey, Mr. Maurice Moore and Mr. John Ashe, prepare an Address in Answer to his Excellency the Governors Speech

Resolved, That it is the Opinion of the Members present, that they cannot consistent with the ancient Customs and proceedings in this House, proceed to the Dispatch of farther Business, unless a Majority of the Representatives in the Province were attending; it is therefore further Resolved, That the absent Members be sent for in Custody of the Sergeant at Arms, at their own Expence, and that Mr. Speaker issue his Warrant to Compel the Attendance of those Members that the house may proceed to the Consideration of the several matters recommended by the Governor in his Speech

Then the House adjourned till tomorrow at 3 o'Clock in the Afternoon.


Saturday April 29th 1758. The House met according to adjournment.

Mr. Jones from the Committee appointed to prepare an Address in Answer to his Excellency the Governor's Speech reported That the said Committee had prepared the Address, which he read in his Place.

Ordered the same stand the Address of this House, and be entered on the Journal thereof as follows viz—

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

Sir,

We his Majesty's most dutiful and loyal Subjects, the Assembly of North Carolina, return you hearty Thanks for your Speech at the opening of this Session. We entertain a most Grateful sense of his Majestys Goodness in sending a large Armament, at an extraordinary expence, to repel our inveterate and perfidious Enemies from their unjustifiable Encroachments on this Continent; and to secure to us the peaceable possession of our Religion, Liberties and Properties; and we should be wanting in our duty to the best of Kings, to our Constituents, Selves and Posterity were we to neglect the present opportunity of exerting ourselves to the utmost in sending Forces to join in the regular Troops of his Majesty, and those of the other Colonies, in the Execution of a scheme, which if through the Favour of Providence, attended with success will be productive of the most happy Consequences to all his Majesty's American Dominions.

At the same time give us leave to assure your Excellency that it gives us inexpressible Concern, to find that the Inhabitants of this Government are so impoverished by the frequent Aids Granted to his Majesty during the present War to protect this Province and assist in the defence of Virginia, New York and South Carolina, which amount to above forty Shillings each Taxable, and are much more than the Currency at present circulating among us; that it is impossible for us to give such demonstrative Proofs of our Zeal and Ardour as we could wish! However, notwithstanding the Indigency of the Country, we shall with Dispatch and Alacrity, prepare a Bill for augmenting the number of Forces now in the Pay of this Province, and transporting and paying them when joined to his Majesty's other Forces, under the Command of Brigadier General Forbes.

The other Matters recommended to us by your Excellency we shall consider with what attention their Importance deserve, and pursue such Measures as may tend to secure the future Safety and Happiness of the Province.

Two Members waited on His Excellency the Governor and acquainted him that the Members were met, and desired to know when his Excellency would be pleased to receive them with the Address, being returned, acquainted the House that his Excellency would receive them on Monday Morning about nine or ten o'clock.

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

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Monday May 1st 1758. The House met according to adjournment.

Benjamin Fordham, the Doorkeeper to this House being sick and thereby rendered incapable of attending the House, it is therefore Resolved, That John Kennedy be appointed Doorkeeper in the room of the said Benjamin Fordham until he may recover his health, and the said John Kennedy is accordingly appointed Doorkeeper in the Room of the said Benjamin Fordham.

His Excellency the Governor sent a Message acquainting the House that he was ready to receive the Address thereof in the Council Chamber.

Mr. Speaker with the House waited on the Governor in the Council Chamber where Mr. Speaker presented the Address of the House to his Excellency, to which his Excellency was pleased to answer as follows, vizt

It gives me great pleasure to find your greatful Sense of the Armaments and Troops which his Majesty has sent, to secure the future Safety and Liberties of his American Colonies, and the Zeal you profess, for doing the utmost you can at this short notice, and of sending what Troops we have in pay, and what can be joined to them, in Time, not to delay the Opperations of this campaign, which by God's Blessing, I hope will secure your future Peace and Happiness

Mr. William Houston, one of the members for Duplin County, Mr. Edward Vail, one of the members of Chowan County, Mr. Isaac Jones, one of the members for Bladen County, Mr. Thomas Smith one of the members for Hyde County, Mr. Benjamin Wynns and Mr. Thomas Whitmell two of the members for Bertie County, Mr. Cornelius Harnett member for Wilmington, and Mr. Joseph Bell one of the members for Carteret County, appeared, and took their Seats in the House.

Mr. Jones moved that the House resolve into a Committee of the whole House, to consider the Governors Speech

Resolved, That the House resolve into a Committee of the whole House, for the Purposes in the aforesaid motion mentioned

The House resolved into a Committee of the whole House to consider the Governors Speech, and unanimously chose Mr. George Moore Chairman and the Committee having taken the same under Consideration, came to several Resolutions, which Mr. Chairman was directed to report to the House.

Then on motion Mr. Speaker resumed the Chair

Mr. Chairman reported, That the Committee had come to several Resolutions which he read in his place, and on motion, Resolved That the House concur therewith and that the same be entered on the Journal of the House as follows Vizt

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Resolved, That it is the Opinion of this Committee, That as a Proof of the Loyalty of the People of North Carolina, and for their zeal for the Common Cause of His Majestys American Dominious, the Troops now in the Pay of this Province be augmented to three hundred effective men, exclusive of officers; and that they be marched and joined with his Majestys Troops, under the Command of Brigadier General Forbes, and employed in the same service that the said Troops are appointed to perform

Resolved That an Aid of £7000 be granted to his Majesty for augmenting the said Forces, and subsisting and paying them when augmented, and for placing garrisons in the Forts on the Sea Coasts.

Mr. Jones moved that the House resolve into a Committee of the whole House to consider of ways and means for raising the sum of seven Thousand pounds, to be granted to his Majesty, for augmenting the Forces now in pay to Three Hundred effective men to be joined with His Majesty's Troops, under the Command of Brigadier General Forbes, and for subsisting and paying them when augmented, and placing Garrisons in the Forts on the Sea Coasts

Resolved that the House resolve into a Committee of the whole House to consider of ways and means for raising the sum of seven Thousand Pounds to be granted to his Majesty for the Purposes aforesaid.

The Committee having considered of Ways and Means for raising the said sum, came to several Resolutions, which Mr. Chairman was directed to report to the House.

Then on motion, Mr. Speaker resumed the Chair, Mr. Chairman reported—

That the Committee of the whole House, appointed to consider of ways and means for raising seven Thousand pounds, to be granted to his Majesty, for augmenting the Forces now in the pay of this province, &c., had considered of ways and means for raising the said sum; and had come to several Resolutions, which he reported to the House, to which the House agreed, and ordered the same be entered on the Journal of the House, as follows, to wit—

Resolved, That the most eligible means for raising the said Aid is by a Tax of 4s 6d per poll, to be levied in the year 1759, and an Additional Duty of 2d per Gallon, on all Wine and distilled liquors, imported into this province, for four years next ensuing.

Resolved, That for the more ready payment of the said Aid, as occasion may require, the Treasurers of this province shall sign and emit Public Notes of Credit to the Amount of £7,000 viz: 4,000 of the denomination of 20s, 1,000 of 40s and 2,000 of 10s each; to which the House agreed.

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On motion, Ordered That Mr. Jones, Mr. Maurice Moore and Mr. John Starkey Mr. Ashe and Mr. John Harvey, do prepare and bring in a Bill, For granting an Aid to his Majesty for augmenting the Troops now in pay of this province, to be joined with those under the Command of Brigadier General Forbes, paying them whilst employed in the said Service, and for placing garrisons in the Forts of the Sea Coast.

Then the House adjourned till 4 o'clock Afternoon.

P. M. The House met according to adjournment.

Mr. Maurice Moore laid before the House a Petition of the Commissioners of the Navigation of Port Roanoke setting forth, That by shifting of the Sands at the Swatch, and several other Places, the navigation from Portsmouth is much worse than it has been for several years Past, &c., and that it is not practicable to amend the same, but that it is practicable to make a good Channel to Roanoke Bar, whereby the Trade of the Northern Parts of this Province, &c., Humbly representing that it would facilitate their design if the Powder and Lead Duties, arising in the Port of Roanoke, were paid in Money and applied to the making a Channel to Roanoke Bar, &c., which was read, and on motion, Ordered That Mr. Maurice Moore prepare and bring in a Bill pursuant to the said Petition.

Mr. Maurice Moore according to order brought in a Bill to enable the Commissioners of Port Roanoke to amend the Navigation of the said Port; 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. Benj. Harvey and Mr. Williams.

Mr. William Williams presented a petition from the Commissioners of the Town of Halifax &c. setting forth That the removing of the public Warehouses into the said Town, would greatly encourage the Improvement and speedy settlement thereof; and praying that the said Commissioners, at their own Expense and Charge remove the Public Warehouses from Elbeck's Landing where they now stand, and rebuild them on Lots in the said Town, which was read, and on motion Ordered, That Mr. Williams prepare and bring in a Bill pursuant to the Prayer of the said Petition

Mr. Williams according to Order, brought in a Bill for discontinuing the Warehouses at Elbeck's Landing and erecting others in the Town of Halifax; which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council

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Sent the same to the Council by Mr. Benjn Harvey and Mr. Williams.

Mr. Williams moved for leave to bring in a Bill for altering the Times for holding Courts in Northampton, Edgcombe, Granville and Orange Counties.

Ordered That he have leave, and that he prepare and bring in a Bill accordingly.

Mr. Williams according to order brought in a Bill for altering the Times for holding Courts in Northampton, Edgcombe, Granville and Orange 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. Benj Harvey and Mr. Williams.

Then the House adjourned till Tomorrow morning nine o'clock.


Tuesday May 2nd 1758. The House met according to adjournment.

Mr. Richard Caswell, one of the Members for Johnston County appeared and moved for leave to take his Place in the House.

Resolved He take his Place and that he pay the Expence of the Messenger sent for him.

Mr. Caswell took his Place accordingly.

Mr. Robert Jones, one of the Committee appointed to prepare and bring in a Bill For granting an Aid to his Majesty, for augmenting the Troops now in the Pay of this Province, to be joined with those under the Command of Brigadier General Forbes paying them whilst employed in the said Service, and for placing garrisons in the Forts on the Sea-Coasts; reported, That the Committee pursuant to Order 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. Smith and Mr. Moore.

Received from the Council the Bill To enable the Commissioners of Port Roanoke to amend the navigation of the said Port.

Also the Bill for discontinuing the Warehouses at Elbecks Landing and erecting others in the Town of Halifax, &c.

And the Bill for altering the Times for holding Courts in Northampton, Edgcombe, Granville and Orange Counties. Endorsed May 2nd 1758 In the Upper House read the first time and passed.

Mr. John Harvey presented to the House a petition of several Merchants, Traders, Planters and others, Inhabitants of the County of Perquimons, setting forth their desire of having a Town erected at Phelps' Point in Perquimons County and that an Act may pass for that purpose.

Resolved that the said Petition is reasonable.

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Mr. Harvey moved for leave to bring in a Bill pursuant to the prayer of the said Petition.

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

Mr. Harvey pursuant to Order, 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. John Harvey and Mr. William Churton.

On motion Ordered the Bill to enable the Commissioners of Port Roanoke to amend the Navigation of the said Port be read a second time.

Read the same a second time amended and passed.

On motion, Ordered the Bill for discontinuing the Warehouses at Elbeck's Landing and erecting others in the Town of Halifax, be read a second time.

Read the same a second time amended and passed.

Ordered The said three Bills be sent to the Council.

Sent the above three Bills to the Council by Mr. Smith and Mr. Maurice Moore.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for granting an Aid to his Majesty &c. also the Bill For establishing a Town on the Land of Jonathan Phelps on Perquimons River. Endorsed May 2, 1758 Read In the Upper House the first time and passed.

Mr. Robert Jones moved for leave to bring in a Bill To confirm and establish several Vestries and other purposes.

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

Mr. Jones according to order 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. Waddell and Mr. Williams.

The House being acquainted that Mr. Wyriot Ormond, late member of Bath is dead, and that Mr. John Surry, one of the Members for Currituck County hath accepted the Office of Inspector within the said County whereby he by Law is disqualified to serve as a Member for the said County, to sit and vote in this Assembly; it is therefore Resolved, that his Excellency be addressed to direct the Clerk of the Crown to issue a Writ for electing a Member for Bath Town, to serve in this present Assembly in the room of the said Mr. Wyriot Ormond deceased;

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and also a Writ to elect a Member to serve in the said Assembly in the room of the said John Surry, who hath disqualified himself as aforesaid.

Sent the following Message to his Excellency the Governor,

Sir,

Mr. Wyriot Ormond, late Member of this House for Bath Town is dead, and Mr. John Surry, one of the Members for Currituck County, having disqualified himself to serve in this House as a Member for the said County by accepting the Office of Inspector in the said County, this House therefore desire your Excellency would be pleased to direct the Clerk of the Crown to Issue a Writ for electing a Member for the said Town in the room of the deceased Mr. Wyriot Ormond and also a Writ for electing a Member for the County of Currituck, in the room of the said Mr. John Surry, who hath disqualified himself as aforesaid.

On motion, Resolved That the Bill for granting an Aid to his Majesty &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. Brown and Mr. Davis.

Mr. Bravard, one of the Members for Rowan County, appeared and took his Place in the House.

Received from the Council the Bill to confirm and establish several Vestries and other Purposes. Endorsed May 2d 1758 In the Upper House read the first time and passed.

On motion, Ordered that the Bill for establishing a Town on the Land of Jonathan Phelps, on Perquimons River, 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. Relf and Mr. Jones.

On motion Ordered the Bill to confirm and establish Vestries and other purposes 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. Relf and Mr. Jones.

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


Wednesday, May 3rd 1758 The House met according to Adjournment.

Mr. Whitmell acquainted the House that there are in Town several of the Tuskarora Indians, and moved that the House would allow them a sum necessary to support them whilst here.

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Resolved, That Mr. Thomas Whitmell provide necessaries for the said Indians, and pay for the same; and that John Starkey Esq Treasurer for the Southern District, repay Mr. Whitmell such sums as he may expend and lay out for the support of the said Indians, and that the said Treasurer be allowed the same in his Account.

Mr. Murphree presented to the House a Certificate from the County Court of Northampton, thereby certifying that John Demaree of the said County is old and disabled, and thereby rendered incapable of maintaining himself and Family, recommending him to be exempt from paying public Taxes and Duties

Ordered he be exempt accordingly

Mr. Wynns presented to the House a Certificate from the County of Bertie, thereby recommending John Chamblee to be exempt from paying public Taxes.

Ordered That he be exempt accordingly

Mr. Smith presented a Certificate from the County Court of Hyde thereby recommending John Mac Williams of the said County to be exempt from paying public Taxes and doing public Duties.

Ordered That he be exempt accordingly

Mr. Smith presented a Certificate from the County Court of Hyde thereby recommending Thomas Peartree, of the said County, to be exempt from paying public Taxes and doing public Duties.

Ordered that he be exempt therefrom during his Incapacity.

Received from the Council the Bill For discontinuing the Warehouses at Elbeck's Landing, and erecting others in the Town of Halifax, and The Bill to enable the Commissioners of Port Roanoke to amend the Navigation of the said Port. Endorsed May 3d 1758 In the Upper House read the second time amended and passed

Also the Bill for Altering the Times for holding Courts in Northampton, Edgecomb, Granville and Orange Counties. Endorsed May 3rd 1758 In the Upper House read the first time and passed

On motion, Ordered That the Bill for altering the Times for holding Courts in Northampton, Edgcomb, Granville and Orange Counties 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. Mackey and Mr. Harnett

Received from the Council the Bill for granting an Aid to his Majesty &c Endorsed May 3d 1758 In the Upper House read the second time and passed

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On motion, Ordered the Bill for discontinuing the Warehouses at Elbeck's Landing, and erecting others in the Town of Halifax, be read a third Time.

Read the same a third Time and passed

Resolved the same be sent to the Council

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

On motion, Ordered the Bill to enable the Commissioners of Port Roanoke to amend the Navigation of the said Port, 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. Mackey and Mr. Harnett

Received from the Council the Bill to confirm and establish several Vestries and other Purposes. Endorsed May 2nd 1758 In the Upper House read the second time amended and passed

And the Bill for establishing a Town on the Land of Jonathan Phelps on Perquimons River Endorsed May 2, 1758 In the Upper House read the first time and passed

On motion, Ordered That the Bill for granting an 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. Mackey and Mr. Harnett.

On Motion, Ordered, The Bill to confirm and establish Vestries and other Purposes, be read a third time, passed and ordered to be sent to the Council.

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

On Motion, Ordered, The Bill for establishing a Town on the Land of Jonathan Phelps on Perquimons River 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. Mackey and Mr. Harnett.

Then the House adjourned till 4 o'clock Afternoon.

P. M. The House met according to adjournment.

Mr. Brown laid before the House the Accounts of Sundry Persons for Necessaries found for, and given to King Haiglar, and other Indians of the Catawba Nation, amounting to sixty five pounds, fourteen shillings, and three pence, Proclamation Money, including Ten pounds, one shilling, to Edward Carter, whose Account of Particulars could not yet be got, and moved that the House would allow of the same, and order payment thereof; which was objected to, and on Motion made, that the said

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Accounts lie until next Session of Assembly for consideration, On which the Question was put, and carried in Favour of the last motion.

Resolved, That the said Account lie for consideration until the next Session of Assembly.

Received from the Council the Bill for granting an Aid to his Majesty, &c.

The Bill for discontinuing the Warehouses at Elbecks Landing and erecting others in the Town of Halifax.

The Bill to enable the Commissioners of Port Roanoke to amend the navigation of the said Port, and for other Purposes.

The Bill for establishing a Town on the Land of Jonathan Phelps, on Perquimons River.

The Bill To confirm and establish Vestries and other Purposes.

And the Bill For altering the Times for holding Courts in Northampton, Edgcomb, Granville and Orange Counties.

Endorsed May 3d 1758 In the Upper House read the third time amended and passed. Ordered to be engrossed.

Mr. Vail presented a Petition of several of the Inhabitants of Rowan County, setting forth, That the Murthers lately committed on the Dann River hath occasioned the Inhabitants of the Forks of the Yadkin to leave their Settlements, &c., Praying the Continuance of Captain Bayley and his Company, or some other in his Room.

The House took the same under Consideration, and, on motion,

Resolved, that the said Petition lie for Consideration until the next Session of Assembly.

On Motion, Resolved, That the following Message be sent to his Excellency the Governor, viz—

Sir,

“The Council and Assembly having passed a Bill, For granting an Aid to His Majesty, for augmenting the Troops now in the Pay of this Province, to be joined with those under the Command of Brigadier General Forbes, paying them whilst employed in the said Service, and for placing Garrisons in the Forts on the Sea-Coasts; request your Excellency in order to render the said Troops as useful to his Majesty's Service as may be, that you will give orders for the Troops now in the pay of this Province to march and join the Forces under the Command of Brigadier General Forbes, without loss of time; And also direct the enlisting others, under an Encouragement of Ten pounds bounty, each Man, to augment the said Troops to three hundred effective Men, exclusive of Officers.”

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Sent the same to the Council by Mr. Maurice Moore and Mr. Vail.

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

Thursday, May 4th 1758. The House met according to adjournment.

Mr. Cade one of the Members for Johnston County was brought to the House by the Messenger, and appeared at the Barr thereof, and moved to take his Seat in the House. Ordered he take his seat, paying his proportion of the Wages due to the Messenger who went for him and Mr. Caswell, and then took his Place accordingly.

His Excellency the Governor sent a verbal Message to this House desiring the immediate attendance thereof in the Council Chamber, with what Bills were engrossed.

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

1. An Act for granting an Aid to his Majesty for augmenting the Troops now in the pay of this Province &c.

2. To confirm and establish several Vestries, and for other Purposes.

3. To enable the Commissioners of Port Roanoke, to amend the navigation of the said Port &c.

4. For altering the Times for holding Courts in Northampton, Edgcomb, Granville and Orange Counties.

5. For discontinuing the Warehouses at Elbeck's Landing and erecting others in the Town of Halifax.

6. For establishing a Town on the Lands of Jonathan Phelps, on Perquimons River.

To which Bills his Excellency was pleased to assent, and then made the following Speech, a Copy of which to prevent Mistakes, Mr. Speaker obtained, and laid the same before the House.

Ordered, that the same be read.

Read the same.

Resolved, that the same be entered on the Journal of the House, and is as follows,

I thank you for the Dispatch and unanimity you have shown in giving so necessary an Aid to his Majesty, in so critical a Juncture upon short Warning we had to prepare to join in the operations with his Majesty's Troops, it being all the Province could do, in proper time, to answer the great End, by the Blessing of God, we expect from it.

I shall loose no time in sending the Companies now on Foot to the place of Rendezvous, and in raising the Recruits to send after them, and must recommend to you, for your own Safety, to discountenance desertion and putting the Laws in Execution against harbouring deserters in your several Counties.

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Mr. Harvey presented to the House a Petition of Gideon Allen, setseting forth, That William Dawson obtained the Passing of a Law for establishing to himself a Ferry on the North East of the North West Branch of Cape Fear River, notwithstanding the Petitioner purchased the Land and said Ferry of the said Dawson for a valuable Consideration, and praying relief &c.

Resolved, That the said Petition be referred to the next Session of Assembly for Consideration, and the Petitioner give the said William Dawson Notice to appear.

On motion, Resolved, That the following Message be sent to his Excellency the Governor viz

Sir,

The Assembly request that your Excellency will endeavour to prevail with a number of the Tuscarora Indians to march with the Troops of this Province, and join his Majesty's Forces in Virginia, in the Operations intended against the Enemy, and that you will enduce them thereto by ordering a Bounty of Forty Shillings, out of the Public Treasury, to each Man, and assure them that the Assembly will consider of their Behaviour, and reward them according to their Merit at their Return at the End of the Campaign.

Sent to the Council the Estimate of Allowance to the Members, Clerks and Officers for Concurrence by Mr. Waddle and Mr. Maurice Moore.

Then the House adjourned till 4 o'clock Afternoon.

P. M. Received from the Council the estimate of allowance expences and Ferriages for them this present Session for Concurrence.

Sent the same to the Council Endorsed Concurred with.

SAMUEL SWANN Speaker

Then the House adjourned till tomorrow Morning, Ten o'clock.

His Excellency the Governor was pleased, by Proclamation, to prorogue this Assembly until the third Thursday in November next, to be then held at Edenton.