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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 23, 1758 - December 23, 1758
Volume 05, Pages 1039-1101

[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 (and so forth) 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 Third day of November in the Thirty second Year of the reign of our said Sovereign Lord George the Second by the Grace of God King and so forth and in the Year of our Lord One thousand seven hundred and fifty eight being the seventh Session of this present Assembly.


Thursday 23d November 1758. The Assembly met according to prorogation.

His Excellency the Governor in Council Chamber, when his Excellency was pleased to make a Speech to the Council and this House.

Then the House returned, and Mr. Speaker reported that the House had attended his Excellency the Governor in the Council Chamber, and that he was pleased to make a Speech to the Council and this House; of which he had to prevent mistakes obtained a Copy, which he delivered in at the Table, where the same was read by the Clerk, and is as follows Vizt

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

Mr. Williams moved that a Committee be appointed to prepare an Address in Answer to His Excellency the Governor's Speech and lay the same before the House for Approbation, and Mr. Barker, Mr. Starkey and Mr. John Harvey Mr. Moore and Mr. Ashe are accordingly appointed to prepare the said Address.

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


Friday the 24th of November 1758. The House met according to Adjournment.

Mr. Barker one of the Committee appointed to prepare an Address in Answer to his Excellency the Governor's Speech Reported that the Committee had prepared the same which he presented to the House and was ordered to be read. The same was read, Approved of and Resolved the same stand the Address of this House and be entered on the Journal thereof, as follows,

To His Excellency Arthur Dobbs Esqr, Captain General Governor and Commander in Chief in and over the province of North Carolina,

Sir,

We his Majestys most dutiful and loyal Subjects, the Members of the Assembly of North Carolina, beg leave to return your Excellency our Thanks for your Speech, at the opening of this Session.

We congratulate your Excellency on the Success of his Majestys Arms, and the Surprizing Progress made by the King of Prussia, by which we have the pleasure to perceive, that the King of Kings who directs the Events of Battles, has disconcerted the Schemes of our Enemies, and manifested his Favour of the Protestant Interest.

We are convinced of the Expediency of preserving a good understanding with our Indian Allies, and with a view of fixing them in our Interest, at a former Assembly appropriated a sum of money for building a Fort near the Catawbas, for the Defence of their Nation; but soon after the Fort had been begun, we learned that the Indians, from what reasons we cannot discover, were much displeased; and rather esteemed what we had done as an Incroachment on their Possessions, than thanked us for the money we had expended for their Preservation. However, as we know the Importance of their Friendship, shall use the best Endeavours by which it may be conciliated, and pursue the most effectual means in our Power to secure a good Correspondence with them, and confirm them in their Allegiance to his Majesty. The Importance of Fort Johnston to the Trade of Cape Fear is obvious and that of Fort Granville to three other the most considerable Ports in this Province, not less evident; that it would be inexcusable not to enquire into the State and Condition of these Fortresses. We shall also examine the Accounts of the Commissioners; and if the Money granted is not sufficient, raise such other Sums as may enable them to finish the Forts, and your Excellency to employ a proper force to defend them.

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It gives us Concern, that your Excellency has been under a necessity of applying to General Forbes to supply the Companies sent from this province to the Ohio; we hoped that the sum we had raised would have answered the whole Expence of our Troops on that Expedition; and still hope, that Remittances may be made out of that Fund to discharge what the General has Advanced; But in Case it should be deficient, we shall chearfully grant such other Sums as will supply the deficiency, and pay our Companies till their Return, that we may receive the Money granted to the Parliament in Specie, and therewith sink an equal Sum in our Bill Money, by which our Paper Currency will be secured from depreciating below the legal Exchange, and our Taxes for calling it in lessened.

The Defects in the Vestry Act are such as require Amendment, and we shall endeavour to remove the Inconvenience taken Notice of by your Excellency.

The regard your Excellency discovers for the rising Generation and future Ages, in recommending the establishing Schools, for the Education of Youth, is a fresh Instance of that Public Spirit, and Benevolent Disposition which has ever been decernable in all your Conduct; and we beg leave to assure your Excellency, that nothing shall be wanting to promote a Work of such interesting Consequence, tho' at present we are somewhat at a loss in what manner to accomplish it; the sum of six Thousand Pounds having been heretofore granted for that purpose, by an Act under a Suspending Clause, which has not yet had the Royal Assent.

The Assurances your Excellency has been pleased to give us of your desire to render the Taxes as little burthensome to our Constituents as the Circumstances of the War will admit, deserve our acknowledgments and your inviolable attachment to his Majesty's Interest, and the constant Endeavours you have used to secure his Subjects in your Government in the Enjoyment of their Rights and privileges, are Considerations which excite our most ardent Wishes for your long and happy Administration.

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


Saturday the 25th November 1758. The House met according to adjournment.

The Clerk of the Crown laid before the House a Certificate thereby certifying that the writ for Electing a Member for Bath Town in the room of Mr. Wyriot Ormond late Member for that Town Deceased is returned to him and thereby it appeared that Mr. Michael Coutanch is Elected a Member for the said Town to sit and vote in this present

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Assembly Pursuant thereto Mr. Michael Coutanch appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his Seat in the House.

Ordered, That Mr. Barker and Mr. Campbell wait on his Excellency the Governor and let him know the House is ready to wait on him with the Address thereof, and also to desire him to acquaint the House when he will receive it.

The above Gentlemen being returned Mr. Campbell Reported that in obedience to the Command of this House, he, with Mr. Barker, had waited on his Excellency the Governor, and acquainted him the House desire to know when he will receive the Address thereof and that his Excellency desired the immediate attendance of the House in the Council Chamber.

The House waited on his Excellency in the Council Chamber, when Mr. Speaker presented him with the Address of the House to which his Excellency was pleased to return an Answer a Copy of which to prevent mistakes Mr. Speaker obtained.

Then the House returned and Mr. Speaker laid before the House his Excellencys Answer which was Ordered to be read.

Read the same and ordered to be Entered on the Journal of the House as follows, Vizt

I thank you for this Dutiful and loyal Address, expressive of your Acknowledgment of the Divine favours, in support of his Majesty's arms for the Defence of our Holy Religion Liberties and Possessions, and your Regard for the Safety and Happiness of this province, in promoting Religion and the Education of Youth; which I shall faithfully represent to his Majesty.

It gives me great satisfaction, that my Endeavours to serve his Majesty by promoting the Safety, Wealth and safety of this province, is agreeable to you, which shall always be the Chief object of my Care.

Mr. William Williams laid before the House the Petition of Sundry Inhabitants and freeholders of that one Eighth part of the province of the Carolinas belonging to the Earl Granville, in Behalf of themselves and the whole Inhabitants of the said district.

Ordered the same be read.

Read the same, and on motion Resolved That a Committee be appointed to Examine into the Truth of the said Petition and that they have power to Cause to be brought before them persons and papers &c.

On motion, Ordered That Mr. Barker, Mr. Campbell, Mr. Starkey, Colo John Harvey, Mr. Samuel Swann Junr, Mr. George Moore, Mr.

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John Ashe, Mr. Robert Harris, Mr. William Williams, Mr. Robert Murden, Mr. Herron, Mr. Dempsey Sumner, Mr. Joseph Blount, Mr. Coutanch, Mr. Brown, Mr. Vail, Mr. James Conner be appointed a Committee to Examine into the Allegations in the said Petition Contained, and Resolved That they have power to Cause to be brought before them persons papers &c.

Mr. William Williams acquainted the House that as Several Tuscorora Indians were in Town and Burthensome to several private persons with whom the said Indians are acquainted, therefore moved that persons be Appointed to provide necessary provisions for the said Indians during their stay in Town.

Resolved, That Mr. Whitmell and Mr. Williams furnish the said Indians with necessary provisions the time they may remain in Town and that they be reimbursed the Expence thereof by the Treasurer

Mr. Starkey moved that a Committee be appointed to Examine State and Settle the Publick Accounts of this province and Mr. Jno. Harvey, Mr. George Moore, Mr. James Paine, Mr. Benjamin Harvey, Mr. Joseph Herron, Mr. Michael Coutanche and Mr. John Campbell are appointed accordingly

On motion, Ordered That Mr. John Starkey, Mr. Thomas Whitmell, Mr. John Ashe, Mr. James Connor, Mr. Joseph Sutton and Mr. Francis Brown, and Mr. Relf be a Committee to settle and allow Public Claims and the following message be sent to His Majestys Council Vizt

Gentlemen of His Majestys Council,

This House have appointed Mr. Jno Harvey, Mr. George Moore, Mr. James Paine, Mr. Benjamin Harvey, Mr. Joseph Herron, Mr. Michael Coutanche and Mr. John Campbell a Committee of this House to state and settle the Public Accounts and Mr. John Starkey, Mr. Thomas Whitmell, Mr. John Ashe, Mr. James Connor, Mr. Joseph Sutton, Mr. Francis Brown and Mr. Thomas Relf a Committee of this House to Examine Settle and allow the public Claims of this Province in Conjunction with such of your Honours as you shall think proper to appoint for these purposes

By order
WILLIAM HERRITAGE Clk

Sent the above message by Mr. John Starkey and Mr. John Harvey

Mr. Barker moved that a Committee of Propositions and Grievances be Appointed and Mr. Stephen Williams, Mr. Samuel Swann, Mr. Walton, Mr. Whitmell, Mr. Mackey, Mr. William Williams, Mr. Robert Harris, Mr. Hardy, Mr. Gray, Mr. Fonville, Mr. Bell, Mr. Starkey, Mr. G. Moore, were appointed Accordingly

Received from the Council the following Message Vizt

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Mr. Speaker and Gentlemen,

On reading the Petition of Sundry Inhabitants of that Part of this province belonging to the Right Honorable Earl Granville Setting forth many Grievances and Complaints against the Lordships Agent and in Answer to your Message by Mr. Barker and Mr. Campbell this House have Appointed the Honorable John Swann, Lewis De Rossett and Richard Spaight Esqr a Committee to join that of your House to Examine into the Allegations of the said Petition

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

On Reading your Message relating to the Appointing Committees on the Public Accounts and Claims, This House have appointed the Honble Francis Corbin Lewis De Rosset and John Rieussett Esqrs a Committee to inspect into the Public Accounts And the Honble James Innes John Swann and John Dawson Esqrs a Committee to Examine Settle and Allow the Public Claims of this Province to join those Appointed by your House.

The House Adjourned till Monday Morning 10 o'Clock.


Monday the 27th of November 1758. The House met According to Adjournment.

Mr. Wyat presented to the House a Certificate from the County Court of Perquimons thereby Certifying that William Stacy of Perquimons County is poor and recommending him to the Assembly to be Exempt from paying public taxes &c.

Ordered to be exempt Accordingly.

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


Tuesday the 28th November 1758 The House met according to Adjournment.

On motion, Resolved, That the Treasurers shall redeem the Notes of Credit issued by the Treasurers as they become Redeemable out of any Moneys in their Hands Except the Tax for sinking the Currency and Contingencies of Government.

A Certificate from the County Court of Currituck thereby Certifying that John Walker of said County is infirm and poor and that he is not able to pay publick Taxes Recommending him to be Exempt from paying publick Taxes.

Ordered he be exempt Accordingly.

A Certificate from the County Court of Currituck thereby certifying that Thomas Taylor is very poor and not able to pay public Taxes.

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Ordered he be exempt from paying Public Taxes.

A Certificate from the County Court of Orange was presented thereby Certifying that Wm McMath is poor and unable to pay Publick Taxes and Recommending he be Exempt from paying Public Taxes.

Ordered he be Exempt Accordingly.

A Certificate from the County Court of Chowan was presented thereby Certifying that Joseph Warren and Robert Vail be recommended to the Assembly as objects that are not Capable of paying their Taxes.

Ordered they be exempt accordingly.

A Certificate from the County Court of Bladen was presented to the House thereby certifying that John Orextine be represented to the House as a Person unable to pay Taxes.

Ordered, he be exempt from paying public Taxes.

Mr. John Harvey moved that James Foster of Perquimons County be Exempt from Paying Public Taxes and doing Public Duties. The said James Foster Appeared before the House and it appearing he is almost blind Ordered he be Exempt during the Continuance of his Infirmity.

A Certificate from the County Court of Johnston was presented to the House thereby Certifying that William Arundell is poor aged and unable to get his Livelihood and recommending he be Exempt from paying public Taxes.

Ordered he be Exempt Accordingly.

On motion, Ordered, That Mr. Campbell, Mr. Barker, Mr. Coutanch, Mr. Davis, Mr. Ashe, Mr. Geo. Moore, Mr. Merden, Mr. Starkey, and Colo John Harvey, do prepare and bring in a Bill to regulate the Inspection of Pork, Beef, Rice, Flower, Butter, Indigo, Tarr, Pitch, Turpentine, Staves, heading, Shingles and Lumber.

A Certificate from the County Court of Craven was presented to the House thereby Certifying that Thos Fulcher is poor and recommending he be Exempt from paying public Taxes.

Ordered he be exempt accordingly.

Then the House Adjourned till 3 o'Clock Afternoon.

The House met according to Adjournment.

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


Wednesday the 29th November 1758. The House met according to Adjournment.

Mr. Wynns presented a Certificate from the County Court of Bertie thereby recommending Michael Ward to this House to be Exempt thereby from paying public Taxes on Account of his Age and Poverty.

Ordered he be exempt accordingly.

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On motion, Ordered, That a Committee be appointed to bring a Bill in for regulating Elections of Members to serve in Assembly for the several Counties and Towns in this Province.

Ordered, Mr. Barker, Mr. Starkey, Colo Jno Harvey, Mr. Ashe, Mr. Campbell, Mr. Moore, Mr. Swann Jr., Mr. Herron, Mr. Benjn Harvey, Mr. Robert Jones, Mr. Coutanche be a Committee to prepare and bring in the same.

Then the House Adjourned till 3 o'clock Afternoon.

The House met according to Adjournment.

Mr. Williams Presented a Petition of the Inhabitants of the Parish of St. Mary in the County of Edgcomb thereby showing the great hardships and Inconveniencies attend the said Inhabitants in attending the County Court and General Musters, Praying that the said Parish be Erected into a Distinct and separate County from Edgecomb County that it remain as part of the District for the Supreme Court at Enfield and also that the place for holding the Court for the said County when Enacted be Appointed at Redman's Old Fields on Tyoncoca.

Ordered, the said Petition be Read.

Read the same and Ordered that Mr. Williams prepare and bring in a Bill pursuant to the Prayer of the said Petition.

Mr. Sumner presented a Petition of Divers the freeholders Inhabitants of Chowan County Setting forth the Petitioners labour under Great Inconveniencies by reason of the Great Distance they live from the Court House of the said county, Praying that so much of the Northern part of the said County as shall contain one half of the Taxables of the said County of Chowan may be Erected into a new County and Parish with such Immunities Priviledges Rights and Franchises as shall be thought proper.

On motion Resolved that Mr. Parker, Mr. Sumner, Mr. Blount, Mr. Walton, Mr. Vail and Mr. Herron do prepare and bring in a Bill pursuant to the prayer of the said Petition.

Mr. Campbell presented the Petition of Humphrey Bates thereby showing that he is possessed and Intitled to three Hundred Acres of Land under George Charlton son of William Charlton to whom six hundred Acres of Land (of which said Three Hundred Acres are part) were made over by King Thomas Blount and other of the Chieftains of the Tuscarora Indians in the year 1723 but is now disturbed by the said Indians in his Possessions, Praying Relief, &c., which was read.

Ordered, that a Bill be prepared and brought in for the Relief of the Petitioners and that Mr. Campbell prepare and bring in the same.

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Mr. Jones presented a petition from the Inhabitants of the Parish of North West in the County of Northampton thereby showing that the said Parish is of Large Extent which renders the service of the Minister in Performing the Duty of his Function at all Times Fatiguing and Troublesome and sometimes impossible, &c., Praying that the said Parish may be divided into two distinct parishes.

Ordered that a Bill be prepared pursuant to the prayer of the said Petition and that Mr. Robert Jones prepare and bring in the same.

Mr. Jones presented to the House a Certificate from the County Court of Northampton thereby certifying that Mozes Mossinall is very old a cripple and past his Labour and recommending him to be exempt from paying public Taxes and doing public Dutys.

Ordered, he be Exempt Accordingly.

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


Thursday, the 30th November, 1758. The House met according to Adjournment.

Pursuant to Order, Mr. Jones brought in a Bill for dividing the Parish of North West in Northampton County 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.

N. B. Sent to the Council by Mr. Jones.

Mr. Wm Williams According to Order brought in a Bill for dividing Edgecomb County 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. Conner.

Mr. Brown moved for leave to bring in a Bill for granting to his Majesty a Duty on the several Commodities that shall be carried or Converted into Virginia from this Province.

Ordered, That Mr. Brown, Mr. Wynns, Mr. B. Harvey, Mr. Caswell and Mr. John Gray, Mr. Campbell, and Mr. Harris do prepare and bring in the same.

Mr. Williams moved for leave to bring in a Bill for the encouragement of Building Public Mills.

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

Mr. Williams 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. Conner.

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Received from the Council the Bill for Dividing the Parish of North West. Endorsed the 30th November 1758 In the Upper House read the first time and passed.

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


Friday the 1st of December 1758. The House met according to adjournment.

Mr. Caswell presented the petition of Several of the Inhabitants of the parish of St. Stephen in Johnston County Setting forth that the Inhabitants of the said Parish are put to great Inconveniences and Hardships in being obliged to attend the County Court &c.

Praying that a Bill may be brought in for dividing the County of Johnston and Erecting that part of the said County called the parish of St. Stephen in a County by the Name of Dobbs County and for establishing roads and Ferries therein.

Ordered, That 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 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. Blount moved for leave to bring in a Bill to prevent the depreciating the proclamation money and Bills of Credit of this Province Emitted and made Current by several Acts of Assembly now in force.

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

Mr. Blount 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 and Ordered to be sent to the Council.

Sent the above two Bills to the Council by Mr. Brown and Mr. Bryan.

Mr. Harris moved for leave to bring in a Bill concerning the Western Indians in this Province.

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

Mr. Harris 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 and on motion Ordered the same lye on the Table.

Mr. Relf presented to the House a Petition from the owners of Lotts laid out in a certain Village known by the name of Nixonton in aforesaid County &c

Praying an Act may pass to Establish the said Town &c.

Ordered Mr. Relf bring in a Bill pursuant to the Prayer of the said Petition.

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Mr. Relf 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.

Mr. Brown moved for leave to bring in a Bill to enable the Chief Justice and the Justices of the Supreme or County Courts to take and admit as Evidence the Deposition and Depositions of any Transient Person or Persons on the Tryal of any cause now or hereafter depending in any of the said Courts.

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

Mr. Brown 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 above two Bills to the Council by Mr. Brown and Mr. Bryan.

Received from the Council the Bill for Building Public Mills and the Bill for Dividing Edgecombe County. Endorsed 30th November 1758 In the Upper House read the first time and passed.

Mr. Jones presented the Petition of Sundry Freeholders of the County of Edgecomb setting forth that Kekeeke Warehouse is very inconveniently situate and now become Ruinous

Praying the said Warehouse may be discontinued and others erected at Killingsworths, which was read and on motion Ordered the said Petition lye for Consideration.

On motion, Ordered, That the Bill for dividing the parish of North West be read a second time.

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

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

On motion, Ordered the Bill for Dividing Edgecomb County be read the second time.

Read the same a second time and, on motion,

Resolved that Mr. Barker and Mr. Harvey wait on His Excellency the Governor and let him know that this House, having under Consideration a Bill for dividing Edgecombe County, desire his Excellency to give a name to the County which by the Bill is to Include Saint Marys Parish and appoint in each of the said Counties after the division for holding Courts of Justice.

Sent a Message by Mr. Barker and Mr. Harvey to the Governor pursuant to the above Resolve.

Desire that your Excellency will give a name to the County which by the Bill is to include St Marys Parish and appoint places in each of the Countys after the division for holding Courts of Justice.

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On motion, the House took under consideration the Petition of Humphrey Bates and the Question being put whether said Bates be reimbursed the purchase money paid Geo: Charlton for said Land and other Expences he has been put to in settling the same or not, was carried in the Negative.

Received from the Council the Bill for dividing the County of Johnston, &c., The Bill to prevent the Depreciating the proclamation money, &c., The Bill to Enable the Chief Justice and the Justices of the Supreme Courts or County Courts to take and admit Depositions, &c., and the Bill for Establishing a Town on the Lands formerly belonging to Zach Nixon, &c.

Endorsed December 1st 1758 In the Upper House read the first time and passed.

Mr. Robert Jones informed the House that Joshua Bodley Esqr hath been guilty of a Breach of the Privileges of the same in charging Mr. Francis Brown a Member thereof with having forsworn himself before a Committee of this Assembly.

Resolved, That the said Joshua Bodley be taken into custody of the Sergeant at Arms and brought to the Barr of the House to answer the said charge.

Mr. Campbell from the Committee appointed to bring in a Bill to regulate the Inspection of Pork, Beef, Rice, Flower, Butter, Indigo, Tarr, Pitch, Turpentine, Staves, Heading, Shingles and Lumber, Reported the Committee had prepared the same 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. Harvey and Mr. Williams.

Pursuant to order the Sergeant at Arms brought in Custody to the Barr of the House Joshua Bodley Esqr when Mr. Speaker acquainted him that the House had sent for him in Custody to answer a Breach of the Privileges of this House which he had Committed by charging Mr. Francis Brown one of the Members thereof with forswearing himself before the Committee of this House appointed to Inquire into the misconduct of Francis Corbin and Joshua Bodley Esqr Agents of the Earl Granville as sett forth in a Petition to this House by Sundry of the Inhabitants of that Eighth part of the Carolinas belonging to the said Earl Granville.

To which the said Joshua Bodley Answered that true it was he had charged the said Francis Brown with forswearing himself before the Committee aforesaid which he said he was ready to make appear when he should be called thereto, but that he did not charge the said Francis

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Brown therewith with any design to Affront the House or infringe the Privileges thereof and humbly begged pardon for having uttered what might be construed in that sence

On motion, Resolved, That a Committee be appointed to examine into the Facts alledged by the said Joshua Bodley against the said Francis Brown and report their Opinion thereof to the House, and Mr. Barker, Mr. John Harvey, Mr. Starkey, Mr. Vail and Mr. Ashe are appointed a Committee for the purposes above said

And on motion Resolved That Mr. Barker, Mr. Harvey, Mr. Starkey, Mr. Vail, Mr. Ashe be a Committee to Examine into the facts Alleged by the parties and Report their Opinion to the House

Received from the Council the Bill for Building Public Mills. Endorsed 30th November 1758 In the Upper House read the first time and passed

Then the House adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment.

Mr. Samuel Swann moved for Leave to Bring in a Bill to Establish a Public Ferry from Solleys Point to Relfs Point whereon the Court House now stands on Pasquotank River.

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

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

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

On motion, Ordered That the Bill for Building Public Mills be Committed to Mr. Jones, Mr. Starkey, Mr. Moore, Mr. Samuel Swann Junr, Mr. Williams, Mr. Caswell, Benja Wynns, and that they report the Amendments necessary to be made in the same

Mr. Sumner moved for leave to Absent himself from the service of the House till Monday next.

Ordered he have leave accordingly

Mr. Campbell moved for leave to absent himself from the Service of the House till Monday next.

Ordered he have leave accordingly

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


Saturday the 2d December 1758 The House met according to Adjournment

Mr. Davis moved for leave to bring in a Bill for Altering the method of working on the Roads and Appointing Public Ferries within the Counties of Craven, Carteret, Johnston, Beaufort and Orange

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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 above Bill to the Council by Mr. Williams and Mr. Whitmell.

Received from the Council a remonstrance of the Grievances hardships and oppressions of Sundry of his Majestys Leige Subjects &c of North Carolina.

On motion, Ordered that the same be referred to the Committee of Grievances.

Received from the Council the Bill to regulate the Inspection of Pork Beef &c. Endorsed 1st December 1758 In the Upper House read the first time &c.

A Bill to Establish a Ferry from Solleys Point to Relfs Point. Endorsed December 2nd 1758 In the Upper House read the first time and passed.

The Bill for Dividing Edgcomb County and the Bill for Dividing the Parish of North West. Endorsed 2nd December 1758 In the Upper House read the second time and passed.

On motion, Ordered, That the Bill for Dividing the County of Johnston &c be read a second time.

Read the same a second time and on motion Ordered that Mr. Caswell and Mr. Cade wait on his Excellency and let him know that this House having under Consideration the Bill for dividing the County of Johnston and erecting that part of the said County called the Parish of St Stephen into a County by the Name of County &c desire his Excellency to name the County and appoint a proper place for erecting a Court House Prison and Stocks in the said County to the End the Assembly may proceed to perfect and pass the said Bill.

Mr. Williams moved for leave to bring a Bill for Establishing Warehouses for the Inspection of Tobacco on the Land of Thomas Barnes.

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

Mr. Williams presented to the House a Certificate from the County Court of Edgcomb thereby Certifying that Harrold Bly by Infirmities is not able to get his livelihood.

Ordered he be Exempt from paying Taxes and doing Public Duties.

Mr. Williams laid before the House a Certificate from the County Court of Edgcomb thereby Certifying that David Dixon is an Aged and decreped person and unable to support himself.

Ordered he be exempt from public Services and payment of Taxes.

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On motion, Ordered, that the Bill to Enable the Chief Justice and the Justices of the Supreme and County Courts to take and admit as Evidence depositions &c be read a second time.

Read the said Bill a second time, and on motion Ordered the same lye on the table for perusal of the Members.

Mr. Jones presented to the House a Petition from the Inhabitants of Northampton County, Setting forth That Endfield the place where Supreme Court of Justice Oyer and Terminer and General Goal Delivery for the Counties of Northampton, Edgcombe and Granville is now held is not Central to the said Counties but that the Town of Halifax is much more nearer to the Center of the said district than Endfield and also that there is now in the hands of Robert Jones Junr a sum of money belonging to the said Counties, which was Read and also presented a Petition from the Inhabitants of Granville County,

Setting forth That by Appointing the Supreme Court of Justice Oyer and Terminer and General Goal Delivery for the Counties of Northampton, Edgcomb, Granville to be held in the Town of Halifax the attendance of Jurors Suitors and Evidence from the said County of Granville will be rendered much more easy, and Agreeable than at present as the said Town is more Central to the Counties than Enfield, &c., which was also read.

And on motion, Ordered, That Mr. Robert Jones Junr prepare and bring in a Bill for Appointing a proper place for holding the Supreme Court of Oyer and Terminer and General Goal Delivery for the District of Northampton, Edgcomb and Granville.

Mr. Jones 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. Williams and Mr. Whitmell.

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

Ordered he have leave to be absent untill Thursday next.

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


Monday, the 4th of December, 1758. The House met According to Adjournment.

Mr. Jones presented the Petition of William Hurst and Mary Hurst showing that Barnaby McKinnie (Grandfather to the Petr Mary) was in his life time and at the time of his Death seized and possessed of Two Tracts or parcels of Land Situate in Edgcomb County (to wit) the one three hundred and twenty and the other two hundred and fifty Acres and by his last Will and Testament bequeathed the same to, and entailed

-------------------- page 1054 --------------------
on his Daughter your Petrs late Wife, and her Heirs, &c., who is since also dead, and left only one Child, to wit, your Petr Mary Hurst, and praying a Bill may pass into a Law to dock the said Intail, and settle other Lands, &c., to the same, which was read.

Mr. Jones 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.

Received a Written Message from his Excellency the Governor, Vizt

Gentlemen,

In answer to your Message sent me from your House touching the giving a Name to the County proposed to be divided from Edgcomb Including St Mary's Parish and to appoint places to hold Courts of Justice in each County, It will be agreeable to me to have the County Including St Mary's Parish Called Edgcomb County, And the Courts of Justice to be held at Redmonds Old Field on Tyoncoca for said County and that the other part Including Edgcomb Parish be called Halifax County and the Courts held at Enfield.

ARTHUR DOBBS.

On motion, Ordered that the Bill for Dividing Edgcomb County be read a third time.

Read the same a third time and on motion Ordered that the name of the County and places for holding Courts of Justice in each County Agreeable to the Governors Answer to the Message of this House of Friday last be incerted in the said Bill, the same was incerted Accordingly, and Ordered to be sent to the Council

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

On motion Resolved that it be an Instruction to the Committee of Accounts not to allow in the Account of any Recruiting Officer, any Article for Bounty Money paid on Inlisting a Soldier but such only as such Officer shall prove by his own Oath or the Testimony of One Credible Witness at least to have been Actually and Bona fide Advanced to such Soldier.

On motion, Ordered That the Bill for dividing the Parish of North West 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. Murden and Mr. Wyatt

On motion, Ordered that the Bill for Establishing a Public Ferry from Solleys Point to Relfs Point be read a second time passed and Ordered to be sent to the Council

-------------------- page 1055 --------------------

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

Mr. Wm Williams acquainted the House That Mr. Wm Kinchen one of the members for Edgcomb is dead therefore moves that his Excellency be Addressed to direct the Clerk of the Crown to Issue a Writ for Electing a member for the said County to sit and vote in the present Assembly in the room and stead of the said Wm Kinchen Deceased.

Ordered his Excellency be addressed accordingly, and that the following be sent to the Governor, to wit,

Sir,

This House having been informed that Mr. Wm Kinchen one of the members for Edgcomb County is dead therefore desire your Excellency will be pleased to direct the Clerk of the Crown to Issue a Writ for Electing a member for the said County to sitt and vote in this present Assembly in the room of the said Mr. Wm Kinchen

On motion, Ordered that the Bill for Establishing a Town on Lands formerly belonging to Zachariah Nixon &c be read a second Time.

Ordered the same lye for Consideration till to morrow and then on motion Ordered that Mr. Swann and Mr. Murden wait on his Excellency the Governor and let him know that the House having under Consideration the Bill for Establishing a Town on the Lands of Zachariah Nixon &c and desire his Excellency will be pleased to give a name to the said Town that they may proceed to perfect and pass the said Bill.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

Mr. Jones moved for leave to bring in a Bill for Erecting a City on Neuse River upon the Plantation called Tower Hill fixing the Seat of Government therein and building a Governors House and Public Offices in the same.

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

Mr. Jones 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. Cade and Mr. Caswell.

Received from the Council the Bill for dividing the Parish of North West. Endorsed 4th December, 1758 In the Upper House read the third time and passed. Ordered to be engrossed.

The Bill to establish a Ferry from Solleys Point to Relfs Point. Endorsed 4th December, 1758 In the Upper House read the second time and passed.

-------------------- page 1056 --------------------

The Bill for altering the Method of working On the Roads and Appointing Public Ferries in the Counties of Craven, &c.,

And the Bill for appointing a proper place for the holding the Supreme Court of Justice Oyer and Terminer and General Goal Delivery for the District of Northampton, Edgcomb and Granville. Endorsed 2nd December, 1758 In the Upper House read the second time and passed.

Mr. Williams moved for leave to bring in a Bill for Establishing a Warehouse for the Inspection of Tobacco on the Land of Thos Barnes in the County of Halifax and other Purposes.

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

Mr. Williams 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. Spier.

On motion Ordered, that the Bill for Altering the Method of Working on the Roads and appointing public Ferries within the Counties of Craven, &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. Caswell and Mr. Spier.

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


Tuesday, the 5th December, 1758. The House met according to Adjournment.

The Order of the day being read the House took under Consideration the Bill for Establishing a Town on the Lands formerly belonging to Zachariah Nixon, &c., and then Mr. Swann Junr Reported that he and Mr. Murden according to Order had Waited on his Excellency the Governor and acquainted his Excellency that the House had under Consideration the Bill for Establishing a Town on Lands formerly belonging to Zachariah Nixon his Excellency would be pleased to give a Name to the said Town that the House may proceed to perfect and pass the said Bill to which his Excellency was pleased to Answer that he named the said Town Nixonton, which Mr. Swann moved might be Incerted in the said Bill.

Ordered the Name Nixtonton be Incerted in the said Bill.

The same was done Accordingly, and on motion Ordered the same pass with the Amendments and be sent to the Council.

Sent the same to the Council by Mr. Vail and Mr. Swann Jr.

Mr. Brown moved for leave to bring in a Bill for regulating Attorneys fees and other Purposes.

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

-------------------- page 1057 --------------------

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 same to the Council by Mr. Vail and Mr. Swann Jr.

Mr. Swann Jr moved for leave to bring in a Bill for destroying of Squirrels in the several Counties within mentioned.

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

Mr. Swann 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. Vail and Mr. Swann Junr

Received from the Council the Bill for Establishing a Warehouse for the Inspection of Tobacco on the Lands of Thomas Barnes in Edgcomb County. Endorsed 5th December 1758 In the Upper House read the first time and passed.

On motion, Ordered the Bill for Establishing a Warehouse for the inspection of Tobacco on the Land of Thomas Barnes in the County of Halifax and other purposes be read a second time.

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

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

Mr. Barker from the Committee appointed to Examine into the Allegation of Mr. Bodley one of the Agents of Earl Granville in regard to Mr. Francis Brown having on his Oath deposed an untruth before the Committee to enquire into the truth of the matters Contained in a Petition setting forth divers Irregularitys and Oppressions Committed by Earl Granvilles Agents and others by their privity, reported as follows, vizt

Your Committee having taken the matter referred to them under consideration It appears to them that the said Francis Brown before the said former Committee on his Oath did depose and say that he paid thirty odd shillings in Gold to Mr. Corbin, on Account of the Back Quit rents of a piece of Land at the time of the Agents of Earl Granville making out the deed for the same to Corroborate which Mr. Corbin was called upon by Mr. Francis Brown, but on Examination of Mr. Corbin, and also on further enquiry into the matter, it appears, That the said Francis Brown, through Precipitation and Heat, had Sworn to an untruth in the matter above said.

To which Report the House agreed.

After several debates therein, the motion was made and the Question put whether Mr. Brown be Expelled this House or not for having sworn

-------------------- page 1058 --------------------
to an untruth as by the report set forth and was carried in the affirmative.

Resolved The said Francis Brown be Expelled this House as unworthy a seat therein and be rendered incapable to serve as a Member for any County or Town in this Province to Sit and Vote in this or any future Assembly thereof for the Reasons alleged in the above Report.

Received from the Council the Bill for erecting a City on Neuse River &c.

The Bill for destroying Squirells &c.

The Bill for regulating Attorneys fees and other purposes. Endorsed 5th December 1758 In the Upper House read the first time and passed.

And the Bill for Establishing a Town on Lands formerly belonging to Zachariah Nixon &c.

And also the Bill for altering the Method of Working on the Roads and Appointing Public Ferries within the Counties of Craven &c. Endorsed 5th December 1758 In the Upper House read the second time and passed.

Resolved, a Message be sent to his Excellency the Governor.

Sir,

Mr. Francis Brown one of the Members for Currituck County having been Expelled this House as a Member for Currituck County and Mr. John Surry another Member for the said County having accepted the Office of Inspector in the same and by Law he is rendered Incapable to sit and Vote in this Assembly

Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to Issue a Writ for Electing Two Members for the said County of Currituck to sit and vote in this present Assembly in the room and stead of Mr. Francis Brown and Mr. John Surry.

By order
S. S. S.
Wm Herritage Clk

5th December 1758.

Sent by Mr. Woodhouse.

Mr. Robert Jones moved for leave to bring in a Bill directing the application of the proportion of this Province in Fifty Thousand Pounds Sterling Granted by the Parliament of Great Britain to Virginia South and North Carolina and for other purposes.

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

Mr. Caswell from the Committee appointed to prepare amendments to the Bill for dividing the County of Johnston &c. Reported the said Committee had prepared several amendments to the said Bill which he read in his place and on motion Ordered they be Incerted in the Bill.

-------------------- page 1059 --------------------

The same are accordingly Incerted and on motion ordered that the said Bill be read a second time with the said amendments.

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

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

Mr. Bodley was sent for to the Barr of the House and was brought thereto by the Serjeant at Arms when Mr. Speaker acquainted him that he was in Custody on a Charge for Breach of privileges of this House but the house on Consideration had thought proper to discharge him out of Custody and that he was discharged accordingly without paying fees.

Mr. Murphree presented a Certificate from the County Court of Northampton thereby certifying that James Connell is a Crypel and thereby rendered Incapable to support himself and family recommending him to be exempt from paying public Taxes and doing Public Dutys.

Ordered he be exempt accordingly.

Mr. Murphree presented a Certificate from Northampton County thereby Certifying that John Turner is incapable of supporting his family recommending him to be exempt from paying public Taxes and doing Public Dutys.

Ordered he be exempt accordingly.

Mr. Murphree presented a Certificate from the County Court of Northampton thereby Certifying that John Rogers is incapable of paying public Taxes and doing Public Duties and Recommending him to be exempt from paying Public Taxes and doing Public Duties.

Ordered he be exempt accordingly.

Mr. Jones from the Committee appointed to prepare Amendments to the Bill for building Public Mills Reported that the Committee had prepared several Amendments thereto which he read in his place and, on motion, Ordered the said Amendments be Incerted in the said Bill.

Ordered the said Bill 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. Williams and Colo Harvey.

On motion Ordered, that the Bill to Establish a Ferry from Solleys Point to Relfs Point, &c., be read a third time Amended and passed Ordered to be sent to the Council.

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

On motion Ordered, That the Bill for appointing a proper place for holding the Supreme Court of Justice Oyer and Terminer and General Goal Delivery for the District of Northampton, &c., be read a second time.

-------------------- page 1060 --------------------

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

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

On motion, Ordered, that Mr. Jones and Mr. Williams wait on his Excellency the Governor and acquaint him this House have under Consideration the Bill for Appointing a place for holding the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery for the District of Northampton, &c., and desire his Excellency will be pleased to appoint a place for holding the said Courts of Justice that this House may proceed to perfect and pass the said Bill.

Then the House adjourned till 3 o'clock Afternoon.

P. M. Then the House met according to adjournment.

On motion, Ordered, that Mr. Wm Mackey be added to the Committee of Claims in the room of Mr. Francis Brown.

Mr. Starkey moved for leave to bring in a Bill for an additional Act Intituled an Act Concerning Servants and Slaves.

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

Mr. Starkey 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. Fonville and Mr. Churton.

Mr. Starkey presented a Petition of Sundry Inhabitants of New Hanover and Bladen Counties, setting forth that a road is opened from East End of the Causeway at the White Marsh towards Wilmington and Praying Commissioners be appointed or those already appointed be obliged to finish the said Road already begun, &c., which was read.

Mr. Starkey moved for leave to bring in a Bill pursuant to the Prayer of the said Petition, which was Objected to, and the Question put and Carried in the Negative.

Received from the Council the Bill for Regulating the Attorneys fees and other purposes, And the Bill for an Additional Act to an Act Intituled an Act Concerning Servants and Slaves. Endorsed 5th December 1758 In the Upper House read the first time & passed.

And also the Bill for dividing the County of Johnston &c. Endorsed 5th Dec 1758 in the Upper House Read the second time amended and passed.

On motion, Ordered, that the Bill to prevent the Depreciating the Procn money &c be read the second time.

-------------------- page 1061 --------------------

Read the same a second time And on motion Resolved that the House resolve into a Committee of the whole House to Consider and debate on the Subject matters in the said Bill Contained.

The House Resolved into a Committee of the whole House for the purposes aforesaid and Unanimously chose Mr. John Harvey Chairman, who took the Chair Accordingly.

Read the said Bill, And after Several Amendments proposed thereto which Mr. Chairman was directed to Report to the House Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had proceeded to Consider on the several Amendments Necessary to the said Bill and had come to the following Resolutions Vizt

That the word Lawful Inserted be in the Eighth line Instead of the word Real.

That the Blank near the End of the first Clause by filled up with the Word Twenty.

That the Blank in the last Clause be filled up with the word three.

To which amendments the House Concurred and Ordered to be Entered in the Bill and that the said Bill pass and be sent to the Council.

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

Mr. Jones moved, that the House Resolve into a Committee of the whole House on Thursday next to consider the Governors Speech.

Resolved, That the House Resolve into a Committee of the whole house on Thursday next for the purposes aforesaid.

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


Wednesday the 6th of December 1758. The House met according to Adjournment.

The House Adjourned till to morrow.


Thursday the 7th of December 1758. The House met according to Adjournment.

On motion, Ordered, that the Bill for Establishing a Town on the Lands formerly belonging to Zachariah Nixon &c 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. Cade and Mr. Caswell.

Received from the Council The Bill for Building Public Mills And the Bill for Appointing a proper place for holding the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery for the District of Northampton &c. Endorsed 7th December 1758 In the Upper House read the second time amended and passed.

-------------------- page 1062 --------------------

The Bill for establishing a Warehouse for Inspection of Tobacco at the Land of Thos Barnes. Endorsed 7th December, 1758 In the Upper House read the second time and passed.

And the Bill to Establish a ferry from Solleys Point to Relfs Point. Endorsed 7th December, 1758 In the Upper House read the third time and passed. Ordered to be Engrossed.

Received from the Council the Bill to prevent the Depreciating Proclamation Money, &c. Endorsed 7th December, 1758 In the Upper House read the second time and passed.

Mr. Jones Reported to the House that pursuant to Order together with Mr. Williams had waited on his Excellency the Governor and acquainted him that the House had under Consideration the Bill for appointing a proper place for holding the Supreme Courts of Justice, &c., for the District of Northampton, &c., Countys and desired his Excellency to appoint a place for holding the said Court at and that his Excellency was pleased to appoint the place for holding the said Court in at the Town of Halifax.

On motion, Ordered, The Town of Halifax be Incerted in the said Bill which is Incerted Accordingly.

On motion, the said Bill be read a third time with the said Amendments. Read the said Bill a third time with the said Amendments and passed and Ordered to be sent to the Council.

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

On motion Ordered, the Bill for Establishing a Warehouse for the Inspecting of Tobacco on the Land of Thomas Barnes, &c., 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. Cade and Mr. Caswell.

Mr. Jones presented to the House the Petition of the Clergy of this province setting forth that the Provision made for the Clergy by the Laws of this Province is not sufficient to support themselves and families decently—Praying this House would take the premises under Consideration and pass a Law for Effectually Remedying the inconveniences by Granting to the Clergy of this Province a Competent Independent Provision, and which was read.

Resolved, That the said Petition be referred to the Committee appointed to Consider the Governors Speech this Session.

Then the House Adjourned till 3 o'clock Afternoon.

P. M. The House met according to adjournment.

The Order of the day being read the House Resolved into a Committee of the whole House to Consider the Governors Speech and Chose

-------------------- page 1063 --------------------
Mr. John Ashe Chairman. After some time spent therein on motion Mr. Speaker Resumed the Chair.

Mr. Chairman Reported that the Committee had come to several Resolutions in relation to the Governors Speech but had not time to reduce them into form therefore moved that the said Committee sit to morrow.

Resolved, the Committee sit to morrow.

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


Friday, the 8th of December, 1758. The House met according to Adjournment.

The Order of the day being read on motion the House Resolved into a Committee of the whole House and Mr. Chairman took the Chair.

The Committee proceeded to consider the Governors Speech and came to several Resolutions which the Committee directed Mr. Chairman to report to the House.

On motion, Resolved, Mr. Speaker resume the Chair.

Mr. Chairman reported that the Committee had come to Several Resolutions which he Reported as follows, Vizt

1. Resolved, That it is the Opinion of the Committee that it will be a protection to the Trade and Navigation of this Province and a Security against Invasions from the Enemy by sea to keep proper Garrisons in the Forts Johnston and Granville.

2. Resolved, That the Companies now in Garrison in the said Forts Consist of Twenty five Effective men each exclusive of Officers.

3. Resolved, That an Aid of £2500 be granted to his Majesty for paying and subsisting the said Companies.

4. Resolved, That a Poll Tax is the only Method whereby the said sum can be raised.

5. Resolved, That a Tax of 2s per poll be levied on Each Taxable person in this Government for raising the said Aid.

6. Resolved, That Appointing Select Vestries under proper regulations will be a proper means of remedying the several Inconveniences at present attending the Electing and Appointing Vestrymen.

7. Resolved, That the provision at present by Law made for the Clergy is not sufficient.

8. Resolved, That the sum of five pounds proclamation Money be allowed each Soldier in the pay of this province under the Command of Brigadier General Forbes who shall serve out the Present Campaign according to the Terms of his Inlisting to be paid out of the Fund appropriated for raising and subsisting them by the Public Treasurers or one of them provided such Soldier return into this Province within Twelve

-------------------- page 1064 --------------------
Months and produce a Certificate from his Commanding Officer having served as aforesaid.

To which Resolves the House Concurred.

Received from the Council the Bill directing the Application of the Proportion of this Province in Fifty Thousand Pounds, &c. Endorsed 7th December 1758 In the Upper House read the second time Amended and passed.

And the Bill for establishing a Town on Lands formerly belonging to Zachariah Nixon, &c. Endorsed 7th December 1758 In the Upper House read the third time and passed.

Ordered to be engrossed.

On motion, Ordered, that the Bill for Altering the Method of Working on the Roads in Craven County, &c., be read the third time.

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

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

Mr. Caswell Reported to the House that he pursuant to Order together with Mr. Cade had waited on his Excellency the Governor and acquainted him that the House had under Consideration the Bill for dividing the County of Johnston, &c., and Desired his Excellency to give a name to the said County and appoint a place for holding the Court at and that his Excellency was pleased to direct that, that part of Johnston County which Includes St Stephens Parish retain the name of Johnston County and that the Court thereof be held at Hinton's Quarter and that, that part of the said County which Includes St Patrick's Parish be called Dobbs County and the Court be held at Walnut Creek.

Ordered the same be Incerted in the said Bill. The same was accordingly Incerted

Then the House adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment

On motion, Ordered That the Bill for dividing Johnston County be read a Third time.

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

Sent the same to the Council by Mr. Williams and Mr. Wynns.

On motion, Ordered that Mr. Jones and Mr. Barker prepare and bring in Bills pursuant to the Resolves of the Committee to Consider of the Govrs Speech

On motion, Ordered that the Bill for an Additional Act to an Act concerning Servants and Slaves be read the second time.

-------------------- page 1065 --------------------

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. Williams and Mr. Wynns.

Received from the Council the Bill for Appointing a proper place for holding the Supreme Court of Justice Oyer and Terminer and General Goal Delivery for the District of Northampton &c Endorsed 8th December 1758 In the Upper House read the third time and passed Ordered to be engrossed

Received from the Council the Bill for altering the Method of Working on the Roads and Appointing Public Ferries within the Counties of Craven, Carteret &c Endorsed 8th December 1758 In the Upper House read the third time and passed Ordered to be engrossed

On motion, Ordered the Bill for Building public mills be read the 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. Williams and Mr. Wynns.

Mr. Harvey moved for leave to bring in a Bill Concerning Estrays

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. Harvey and Mr. Swann.

On motion, Ordered the Bill for destroying Squirrells 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. Harvey and Mr. Swann.

Received from the Council the Bill for an Additional Act to an Act Intituled an Act concerning Servants and Slaves. Endorsed 8th December 1758 In the Upper House read the second time and passed.

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


Saturday the 9th of December 1758. The House met according to adjournment.

Received from the Council the following Bills Vizt

The Bill for Establishing a Warehouse for the Inspection of Tobacco on the Lands of Thomas Barnes in the County of Halifax and other Purposes.

The Bill for building Public Mills.

The Bill for Dividing the County of Johnston &c.

-------------------- page 1066 --------------------

The Bill for Dividing Edgcomb County. Endorsed 8th December 1758 In the Upper House read the third time and passed. Ordered to be engrossed.

On motion Ordered the Bill for an Additional Act to an Act Intitled an Act concerning Servants and Slaves be read a third time, Amended and passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Wynns and Mr. Harris.

On motion, Ordered, That the Bill to prevent the Depreciating the Proclamation Money be read a third time.

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

Sent the same to the Council by Mr. Wynns and Mr. Harris.

Received from the Council the Bill for destroying Squirrells. Endorsed 9th Dec. 1758 In the Upper House read the second time amended and passed.

The Bill Concerning Estrays. Endorsed 9th December 1758 In the Upper House read the first time and passed.

On motion, Ordered, the Bill Concerning Estrays 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. Wynns and Mr. Harris.

On motion, Ordered the Bill for destroying Squirrells 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. Wynns and Mr. Harris.

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


Monday the 11th of December 1758. The House met according to Adjournment.

Mr. Barker and Mr. Jones according to Order brought in a Bill for Granting an Aid of Two Thousand five hundred pounds to his Majesty for other purposes which Mr. Barker 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. Bartram.

Mr. Barker and Mr. Jones according to Order brought in a Bill for Appointing Vestries and providing for the Clergy 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.

-------------------- page 1067 --------------------

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

Received from the Council the Bill for an Additional Act to an Act Concerning Servants and Slaves And the Bill for Destroying Squirrells Endorsed 9th of December 1758 In the Upper House read the third time and passed Ordered to be Engrossed.

Mr. Williams moved for leave to bring in a Bill to discharge John Pope former Sheriff of Edgcomb County of a Judgment obtained Against him for the Parish Tax in the year 1753.

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

Mr. Williams 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. Bartram.

Mr. Barker presented a petition of Several Merchants and Traders which was Read Setting forth the Great Hardships losses and Inconveniences attending them by the large Import or duty on Liquors and Vessells, Praying relief.

Ordered the said Petition lye for Consideration.

Then the House adjourned till 3 o'Clock Afternoon.

P. M. The House met according to Adjournment.

On motion, Ordered, the Bill for Regulating the Inspection of Pork &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. Conner and Mr. Relf.

Received from the Council the Bill to discharge John Pope former Sheriff of Edgcomb of a Judgment &c.

The Bill for Granting an Aid of £2500 to his Majesty &c.

And the Bill for Appointing Vestries and providing for the Clergy.

Endorsed 11th December 1758 In the Upper House read the first time and passed.

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

Tuesday the 12th of December 1758 The House met according to Adjournment

On motion Ordered that the Bill to discharge John Pope former Sheriff of Edgcomb County of a Judgment obtained against him for the Parish Tax in the Year 1753, be read a second time.

Read the same a second time, and on motion Rejected

Mr. Barker according to Order brought in a Bill to Erect the Northern part of Chowan County into a County and Parish by the Name of

-------------------- page 1068 --------------------
—— County and —— Parish which he head 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. Blount and Mr. Conner.

Mr. Campbell presented a Petition of Sundry Inhabitants within the Counties of Chowan, Bertie and Northampton Setting forth that they have for a long time laboured under Great Difficulties and Hardships by attending the Courts of Justice in the Several Counties, Praying a new County may be Erected of the Extreme parts of the said Counties &c.

Ordered the Petition lye for Consideration.

Ordered the Bill for Granting an Aid of £2500 to his Majesty and for 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. Blount and Mr. Conner

Received from the Council the Bill to Regulate the Inspection of Pork, Beef, Rice Flower, Butter &c. Endorsed 12th Dec. 1758 In the Upper House Read the second time amended and passed

On motion Ordered the Bill Erecting a City on Neuse River &c. [be read].

Read the same and on motion Resolved that the House Resolve into a Committee of the whole House to Consider the subject matter of the said Bill.

The House Resolved into a Committee of the whole House for the Purposes aforesaid and unanimously chose Mr. George Moore Chairman who was placed in the Chair Accordingly after some time spent therein and several Amendments proposed Mr. Chairman was directed to Report the same.

Then on motion Mr. Speaker Resumed the Chair.

Mr. Chairman Reported that the Committee have come to Several Resolutions but not having time to reduce them to form moved that the Committee may Sit again

Received from the Council the Bill to Erect the Northern Part of Chowan County into a County and Parish &c. Endorsed 12th December 1758 In the Upper House read the first time and passed

Then the House Adjourned till to morrow morning 9 o'Clock


Wednesday the 13th of December 1758. The House met according to Adjournment

On motion Ordered that Mr. Barker prepare and bring in a Bill for Regulating Ordinarys and houses of Entertainment

-------------------- page 1069 --------------------

Mr. Barker 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. Gray and Mr. Bryan.

Received from the Council the Bill for Granting an Aid of £2500 to his Majesty &c. Endorsed 12th Dec 1758 In the Upper House read the second time amended and passed

Mr. Mackey presented to the House a Certificate from the County Court of Tyrrell thereby certifying that Edward Frisby is aged and infirm and recommending him to be Exempt from paying public and private taxes.

Ordered he be exempt accordingly.

Received from the Council the Bill for Regulating Ordinaries and houses of entertainment. Endorsed 13th December 1758 In the Upper House read the first time and passed.

The Order of the day being Read the House Resolved into a Committee of the whole House and Mr. Chairman acquainted the Committee that the Amendments proposed yesterday to the Bill for erecting a City on the River Neuse, &c., was drawn into form which was ordered to be read.

Was read and agreed to by the Committee and Mr. Chairman is Directed to Report the same to the House.

Then on motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had come to several Resolutions to Alter and amend the Bill for erecting a City on the River Nuse, &c., which was read To several of which the House agreed and ordered them to be Incerted in the said Bill.

The same was accordingly Incerted.

And Ordered the following Message be sent to his Excellency the Governor, Vizt

To his Excellency Arthur Dobbs Esqr Governor, &c.

Sir

The Assembly having under Consideration the Bill for fixing the seat of Government are of Opinion that a Plantation containing Eight Hundred and fifty Acres of Land called Tower Hill the Property of your Excellency is the most convenient place and would gladly know if it be agreeable to your Excellency that it should be applyed to that purpose and what sum would be an adequate satisfaction for your Interest in the said Land and plantation.

By order
S. S. S.
W. H., Clk

13th Dec 1758.
-------------------- page 1070 --------------------

Sent the above Message to the Governor by Mr. Barker and Mr. Ashe Mr. Campbell and Mr. Harvey.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

His Excellency the Governor sent the following Message in Writing

Mr. Speaker and Gentlemen of the Assembly,

In answer to your Message whither it would be agreeable to me to part with my Interest in the Plantation of Tower Hill upon Neuse and what would be an Adequate satisfaction for it in Order to fix the Seat of Government therein,

As you have thought it the properest place for the Seat of Government from its healthy Situation and being most Central for the Ease of the Inhabitants (though I should have been glad that it had been fixed on any other convenient Situation) I shall desire no more than the Original Sum which it cost me.

ART. DOBBS.

13th December, 1758.

On motion ordered the bill for erecting a city on the Neuse River, &c., be read a second time with the amendments, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Caswell, Mr. Cade, Mr. Harvey, Mr. Moore, Mr. Hardy, Mr. Spier, Mr. Starkey, Mr. Harris, Mr. Ashe and Mr. Swann, Jr.

On motion, Ordered the Bill directing the application of the Proportion of this province to £50,000 &c be read.

Read the same.

The Order of the day being read the House resolved into a Committee of the whole House to Consider of Amendments Necessary to the said Bill and Chose Mr. John Harvey Chairman who was placed in the Chair Accordingly.

Ordered, the said Bill be Read.

Read the same and several Amendments were proposed by the said Committee to the said Bill then on motion Resolved Mr. Speaker Resume the Chair. Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had proposed several Amendments to the said Bill but not having time to reduce them to form desired leave to sit again to morrow.

Resolved, the said Committee sit again to morrow.

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

-------------------- page 1071 --------------------


Thursday the 14th of December 1758. The House met according to Adjournment.

Two Petitions of Several of the Inhabitants of the Parish of Saint John in the County of Granville were presented to the House Setting forth That the Vestrymen chosen for the said Parish in 1758 were Illegal, Praying relief &c.

And on motion, Resolved, that the Petitions be Referred to the Committee appointed to prepare and bring in Bills pursuant to the Resolves of the Committee appointed to Consider the Governors Speech.

Mr. Jones according to Order brought in a Bill for Docking the Intail of Certain Lands devised by the last Will and Testament of Barnaby McKinnie Deceased to his Daughter Christian and for settling other Lands and Slaves of greater Value to the same uses, 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. Sumner and Mr. Walton.

The Order of the day being read the House again Resolved into a Committee of the whole House, Mr. Chairman acquainted the Committee that the several Amendments agreed on by the Committee to the Bill for directing the Application of the proportion of £50,000 Granted by Parliament to the Carolinas, Virginia &c. were reduced into form then the Committee directed Mr. Chairman to Report the same to the House. Then On motion Mr. Speaker Resumed the Chair.

Mr. Chairman Reported that the Committee had agreed to several Amendments to the Bill for directing the Application of the proportion of £50,000 Granted by Parliament to the Carolinas and Virginia which he Read, to which the House agreed and ordered they be Incerted in the said Bill.

The same are accordingly Incerted, And on motion the Bill was Read the second time with the said Amendments passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Caswell, Mr. Cade, Mr. Harvey, Mr. Ashe and Mr. Swann Jun.

Mr. Barker according to Order brought in a Bill for repealing several Acts therein mentioned, 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. Sumner and Mr. Walton.

Mr. Barker moved for leave to bring in a Bill to make provision for paying the Chief Justice and Attorney Generals Salary and defraying the Contingent Charges of Government which he read in his place and

-------------------- page 1072 --------------------
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. Conner.

Received from the Council the Bill for Docking the Intail of Certain Lands Devised by the last Will and Testament of Barnaby McKinnie Deceased to his Daughter Christian &c.

The Bill for Repealing the several Acts therein mentioned.

And the Bill to make provision for paying the Chief Justice and Attorney Generals Salary &c.

Endorsed 14th December 1758 In the Upper House read the first time and passed.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

On motion Ordered the Bill to regulate the Inspection of Pork, Beef, &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. Harvey and Mr. Relf.

Mr. Barker moved for leave to bring in a Bill for Amending the Breed of Horses and other Purposes.

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

Mr. Barker brought in the aforementioned 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. B. Harvey and Mr. Relf.

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


Friday the 15th of December 1758. The House met according to adjournment.

On motion, Ordered the Bill for Docking the Intail of Certain Lands devised by the last Will and Testament of Barnaby McKinnie Deceased to his Daughter Christain &c be read the second time.

Read the same a second time, and on motion Resolved that a Committee be appointed to Inquire into the truth of the Allegations in the Bill set forth and the following Gentlemen were accordingly appointed, to wit, Mr. Wynns, Mr. Williams, Mr. Swann Jun.

On motion, Ordered the Committee appointed to take into Consideration the Petitions of the Inhabitants of Granville County be discharged and Mr. Harris moved for leave to bring in a Bill for dividing the Parish of St John in Granville County.

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

-------------------- page 1073 --------------------

Mr. Harris 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. Harris and Mr. Paine.

Received from the Council the Bill for Erecting a City on Neuse River &c. And the Bill directing the Application of the proportion of fifty Thousand Pounds Sterling Granted by the Parliament of Great Britain &c. Endorsed 14th December 1758 In the Upper House read the second time amended and passed.

On motion Ordered, the Bill for Granting an Aid to His Majesty for placing proper Garrisons in Fort Granville and Fort Johnston &c. be Read a third time.

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

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

Received from the Council the Bill for Dividing the Parish of St. John in Granville County &c. Endorsed 15th December 1758 In the Upper House read the first time and passed.

On motion, Ordered the Bill for regulating Ordinaries and Houses of Entertainment be read the 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. Churton and Mr. Paine.

On motion Ordered, that Mr. Wynns be added to the Committee of Accounts and that Mr. Starkey Attend the said Committee to explain some matters relative to other Accounts than his own.

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


Saturday the 16th of December 1758. The House met according to Adjournment.

Mr. Samuel Swann junr moved for leave to absent himself from the service of the House.

Ordered he havd leave accordingly.

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

Ordered he have leave accordingly.

On motion, Ordered, the Bill to Erect the Northern part of Chowan County into a County and Parish &c be read.

Mr. Sumner moved the same be Rejected.

Resolved the same be Rejected accordingly.

-------------------- page 1074 --------------------

Mr. Jones moved for leave to bring in a Bill to relieve John Pope from a Judgment Obtained against him in favour of the Parishes of Edgcomb and St. Marys.

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

Mr. Jones 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. Sutton and Mr. Ward.

On motion, Ordered that the Bill for Dividing the parish of St. John in Granville County be read a second time Amended and passed. Ordered to be sent to the Council.

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

On motion Ordered the Bill for repealing Several Acts therein mentioned be read a second time.

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

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

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

Ordered he have leave accordingly.

On motion, Ordered the Bill to make Provision for paying the Chief Justice and Attorney Generals Salarys &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. Sutton and Mr. Paine.

Received from the Council the following Message Vizt

Mr. Speaker and Gentn of the Assembly,

On Reading a Third time the Bill to Regulate the Inspection of pork Beef, Rice, Flower, &c, We observe you have directed the Expence of Inspection to be paid by the Owner of the Effects As we Imagine it may Occasion many disputes between the Buyer and Seller; We propose the Word Exporter be incerted instead of the word Owner to which if you agree desire you'l send two of your Members to see the same Incerted.


15th December 1758.

Received from the Council the Bill for regulating Ordinaries and Houses of Entertainment. Endorsed 15th December 1758 In the Upper House read the second time and passed.

Resolved the following Message be sent to the Council Vizt

-------------------- page 1075 --------------------

Gentlemen of His Majestys Honble Council,

On reading your Message of this Day proposing an Amendment in the Bills for Regulating the Inspection of Beef, Pork, Rice, Flower &c. by Inserting the Word Exporter instead of Owner this House is of Opinion that such an Alteration would Introduce great Inconveniences by rendering it uncertain in many Instances that may happen whether the Inspector shall ever be paid for his Service, Since if he is not paid by the owner he may not know who is the Exporter before the Commodity Inspected is Exported and the Exporter left the Province, Therefore the Assembly Cannot agree to the Amendment your House have proposed.

By Order
S. S. S.
Wm Herritage Clk

16th Dec 1758.

On motion, Ordered, the Bill for Erecting a City on Neuse River 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. Gray, Mr. Williams, Mr. Vail, Mr. Mackey, Mr. Hardy, Mr. Conner, Mr. Swann, Mr. Whitmell, Mr. Harris, Mr. Caswell,

On motion Ordered, the Bill directing the Application of the proportion of this Province to £50,000 Sterling, Granted by the Parliament of Great Britain &c be read the third time.

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

Sent the same to the Council by Mr. Gray, Mr. Williams, Mr. Vail, Mr. Mackey, Mr. Hardy, Mr. Conner, Mr. Swann, Mr. Whitmell, Mr. Harris and Mr. Caswell.

Received from the Council the following Message in Writing

Mr. Speaker and Gentlemen of the Assembly,

On Reading the third time The Bill for Granting an Aid to his Majesty &c we have the following objections (to wit)

First. That Two Companies of Twenty five men each are not sufficient for Garrisoning the Forts.

Secondly. That the Denomination of the Treasurers notes are not Expressed.

We therefore before we can pass the said Bill propose the following Amendments which if agreed to by you be pleased to send some of your Members to see done as follows,

-------------------- page 1076 --------------------

That the Two Companies Consist Each of One Captain, One Lieutenant, One Ensign, One Serjeant, One Corporal, One Drummer and forty seven private men. The Ensign Five shillings per day, and the Serjeant one Shilling and four pence per day, This of course will Encrease the sum to be granted to four thousand pounds, And therefore That and the Tax be altered.

That the Notes to be Emitted by the Treasurers be from ten to forty shillings, and of no higher Denomination and so to be Expressed in the Bill.


16th December, 1758.

Received the following Message, Vizt,

Mr. Speaker and Gentlemen of the Assembly,

On Reading your Message of this day in answer to ours relative to the payment of Inspectors, We must observe to you that the Manner of Delivering Effects at Port Brunswick differs much from that in any of the Northern Ports of this Province, as you think it necessary to insist on the Word Owner standing in the Bill, We Propose that it may not extend to Port Brunswick, And that the word Exporter be Inserted with regard to goods shipped at that Port to which alteration if you agree we desire you will send such of your Members as you shall think proper to see the same made.


16th December, 1758.

Mr. Wm Williams moved for leave to absent himself from the Service of the House after this day.

Ordered he have leave accordingly.

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

Ordered he have leave accordingly.

Mr. Sumner moved for leave to absent himself from the service of the House till Tuesday next.

Ordered he have leave accordingly.

Resolved the following Message be sent to the Council

Gentlemen of His Majestys Honble Council,

On Reading your Message proposing Several Amendments in the Bill for Granting an Aid to his Majesty, &c., This House is of Opinion that the Number of Men appointed for Garrisoning the forts are sufficient for the Purpose intended by the Bill and therefore Cannot agree to the Alteration proposed of Increasing the Number of Men or the Sum to be raised

-------------------- page 1077 --------------------
the other Amendment proposed of Increasing the Denomination of the Notes as proposed by your House this House agrees to and have sent Mr. Barker and Mr. Starkey Two of the Members of this House to see the same Incerted.

The Committee appointed to inquire into the truth of the Allegations Mentioned in the Bill for docking the Intail of Certain Lands devised by the last Will and Testament of Barnaby McKennie Deceased to his daughter Christian, &c., Reported that they had Inquired into the truth of the said Allegations and found them in every respect true.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

On motion, Resolved that the following Message be sent to the Council, Vizt

Gentlemen of His Majestys Honble Council,

On Consideration of your second Message of this day relating to the Bill for Inspecting Pork, Beef, Rice, Flower, Butter, &c., the Assembly doth not adhere to their disagreement to that part of your Message proposing to have the word (owner) struck out of the Bill nor can they Concurr altogether with the alteration you propose but would propose the said Bill should be so amended as not to Express in particular by whom the Inspector to be paid for his Services, to which if you Concurr they will send two of their Members to see the Alteration made.

By Order
S. S. S.
Wm H., Clk

16th Dec., 1758.

Sent by Mr. Moore and Mr. Harvey.

On motion Ordered, The Bill for Regulating Ordinaries and Houses of Entertainment and for other purposes be read a Third time. Read the same a Third time amended and passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Blount and Mr. Williams

On motion, Ordered the Bill for Docking the Entail of Certain Lands Devised by the last Will and Testament of Barnaby McKennie Deceased to his daughter Christain &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. Caswell and Mr. Bartram

Received from the Council the Bill for Dividing the parish of St John in Granville County. And the Bill to make provision for paying

-------------------- page 1078 --------------------
the Chief Justice and Attorney Generals Salary &c. Endorsed 16th December 1758 In the Upper House read the second time and passed

And also the Bill to release John Pope from a Judgment obtained against him &c Endorsed 16th December 1758 In the Upper House read the first time and passed

Received from the Council the following Message in Writing,

Mr. Speaker and Gentlemen of the Assembly,

On Reading your Message relative to the Amendments we proposed to the Bill for Inspecting Beef, Pork, Butter, Rice, Flower, &c. This house have agreed to the Amendments you propose to the said Bill and desire you would send some of your members to see the same done

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Council

In Answer to your third Message in relation to the Bill for Inspecting Pork, Beef, &c. we have sent Mr. John Ashe and Mr. George Moore to see the Alterations made in the same according to the proposal of the Assembly as agreed to by your House

Received from the Council the Bill to regulate the Inspection of Pork, Beef, Rice, Flower, Butter, Indigo, Tarr, Pitch, Turpentine, Staves, Heading &c. Endorsed 16th December 1758 In the Upper House read the third time and passed Ordered to be engrossed

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


Monday the 18th December 1758 The House met according to Adjournment

On motion, Ordered the Bill for dividing the Parish of Saint John in Granville County 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. Harris and Mr. Fonville

The Commissioners Impowered by an Act of Assembly 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 passed at Newbern in the Year of our Lord 1756 to make a plan of the said Town in pursuance thereof laid before this house a plan thereof the Truth and Exactness of which being Examined the same was approved of.

Resolved that the said plan be forever hereafter deemed the true plan of the said Town and be lodged with the Clerk of the Assembly and be deposed amongst the Rolls of the Assembly

-------------------- page 1079 --------------------

Received from the Council the Bill for dividing the Parish of St John in Granville County. Endorsed 18th December 1758 In the Upper House read the third time and passed Ordered to be engrossed.

Received from the Council the following Message in Writing

Mr. Speaker and Gentlemen of the Assembly,

On reading your Message of Saturday in Answer to ours of the same day we are sorry to find your disagreement thereto. As we are of Opinion that Twenty five Men for Each Fort will by no means answer the Purposes Intended by the Bill We therefore hope you will recede from the purport of your said Message and agree to our amendment and also that you will stet the Clause giving power to the Governor or Commander in Chief to send the forces to be raised by this Bill to Joyn any other of his Majesty's forces out of this Province.


18th December 1758

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

Gentlemen of his Majestys Honble Council,

In answer to your Message of this day relative to the Bill for granting an Aid to his Majesty, &c., This House do recede from their Disagreement to the purport of your Message of Saturday last and Agree that the Companies [to] be put in Garrison in the Forts Johnston and Granville consist of the Number of Forces you purpose, The Aid Granted to his Majesty for that purpose be altered to four Thousand pounds and the Tax to raise the same be three shillings and one penny, and that the Clause you mentioned shall stand as part of the Bill, and have sent Mr. Jones Mr. Barker and Mr. Starkey to see the said Amendments made.

By order
S. S. S.
Wm Herritage Clk

18th Dec 1758.

Mr. Coutanche presented to the House a Certificate from the County Court of Beaufort thereby certifying that Thomas Garrett of said County has lost his left hand and is very poor and thereby not able to pay Public Taxes.

Ordered he be exempt accordingly.

On motion, Ordered, the Bill to make provision for paying the Chief Justice & Attorney General's Salary, &c., be read a third time.

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

On motion, Ordered the Bill to relieve John Pope from a judgment, obtained against him, &c., be read a second time.

-------------------- page 1080 --------------------

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

Sent the above two Bills to the Countil by Mr. Bartram and Mr. Relf.

Received from the Council the Bill for Granting an Aid to his Majesty, &c. Endorsed 18th December 1758 In the Upper House read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

Mr. Jones moved for leave to bring in a Bill for repealing an Act therein mentioned.

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

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

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

Received from the Council the following Message in Writing, Vizt

Mr. Speaker and Gentlemen of the Assembly

On Reading a Bill for erecting a City on Neuse River, &c., we find you have not reserved any Land for a pasture for the Governor or Commander in Chief for the time being, We therefore propose as an Amendment to the said Bill That Twenty five Acres out of the Common the most Convenient to this House be by the Committee laid out for the said use to which if your House agree please to send some of your Members to see the said Amendments made.


18th December, 1758.

The Order of the Day being read the House resolved into a Committee of the whole House to Consider the Bill for appointing Vestries and providing for the Clergy and appointed Mr. John Starkey Chairman who took the Chair Accordingly. After some time spent therein the Committee came to several Resolutions which Mr. Chairman was directed to Report to the House and then on motion Mr. Speaker Resumed the Chair.

Mr. Chairman Reported that the Committee had proceeded on the said Bill and proposed that all the Clauses relating to select Vestries be Expunged, That the Bill be amended by Incerting a Clause to Except the Rev. James Read Minister of Christ Church parish in Craven County To which the House Concurred And Ordered the said Amendments be Incerted in the Bill they are accordingly Incerted. Ordered the said Bill be read a second time. Read the same a second time with the said Amendments, passed and Ordered to be sent to the Council.

-------------------- page 1081 --------------------

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

Received from the Council the Bill to relieve John Pope from a Judgment obtained against him, &c. Endorsed 18th December, 1758 In the Upper House read the second time and passed.

And the Bill for repealing an Act therein mentioned. Endorsed 18th December, 1758 In the Upper House read the first time and passed.

Ordered the following Message be sent to the Council

Gentlemen of His Majestys Honble Council,

In answer to your Message relating to the Bill for Erecting a City, &c., We Concurr with your House that it will be necessary to have the number of Acres set apart for a pasture for the Governor or Commander in Chief for the time being by you mentioned and that the same be done by the Committee for designing and laying out the said City or any five of them to which if you agree the House will send two of their Members to see the Amendments Inserted in the Bill.

Sent the above message by Mr. Starkey and Mr. Harvey.

Received a verbal Message from the Council by Mr. Starkey and Mr. Harvey, That the Council do agree to the above Message and desire this House to send two of their Members to see the same Incerted in the said Bill.

Ordered, That Mr. Jones and Mr. Starkey go to the Council and see the Amendments above proposed Inserted.

Mr. Jones and Mr. Starkey went to the Council for the purposes above said and being returned Reported that they had seen the above mentioned amendments Inserted in the said Bill.

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


Tuesday the 19th of December 1758. The House met according to Adjournment.

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

Ordered he have leave to absent himself accordingly.

Received from the Council the Bill for erecting a City on Neuse River upon the Plantation called Tower Hill &c. Endorsed 18th December 1758 In the Upper House read the third time and passed. Ordered to be Engrossed.

Received from the Council the Bill to make provision for the Chief Justice and Attorney Generals Sallaries &c. Endorsed 19th Dec 1758 In the Upper House Read the second time Amended and passed.

-------------------- page 1082 --------------------

Mr. Barker presented the Petition of George Charleton Grandson of Wm Charleton Setting forth amongst other things that Wm the Grandfather of the said George [obtained a warrant] by order of Council (and with the Consent and desire of King Thomas Blount and others Chieftains of the Tuscarora Indians) Dated 7th Nov. 1723 for 600 Acres of Land that the said Indians are displeased that the said Charleton should settle any one on the said Land for that the said Indians had sold the said Land to the said Charleton and his sons and heirs &c and not to any one else, praying Relief &c.

On motion, Resolved the said Petition be rejected.

On motion, Ordered the Bill for making a Better provision for the Clergy 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. Starkey and Mr. Harvey.

Received from the Council the Bill for making a better Provision for the Clergy. Endorsed 19th December 1758 In the Upper House read the third time and passed. Ordered to be engrossed.

Mr. Jones laid before the House the following Report Vizt

To His Excellency Arthur Dobbs Esqr Capt Genl Govr and Commander in Chief in and over the province of North Carolina, the Honble Members of his Majesty's Council for the same, and the Worshipful Speaker and Assembly thereof,

Robert Jones Junr Attorney General for the said Province doth report and Certify That in Obedience to a Resolve of the General Assembly made October the 14th 1755 this Informant hath Endeavoured to recover money from several Persons Indebted to the Public and to that purpose Commenced the following Suits (to wit)

In Salisbury Supreme Court.

An Action of Debt against John Brandon, John Nisbet and others on a Bond for applying £250 proclamation Money Granted by an Act of Assembly for supplying the Frontier of this province with Arms and Ammunition. In which Suit Judgment hath been recovered for £159.7.7 Proclamation Money, part of the said £250 having been applyed to the purposes for which it was Granted. Execution was Issued on the said Judgment returnable to November Term last.

An Action of Debt against James Carter, Edward Hughes and others on a Bond for the said purposes and for the same sum as that given by Brandon in which Judgment hath been recovered against them for £233.8.9 Sterling last the said Judgment being Joynt and the said Hughes having been Appointed Sheriff of the County of Rowan upon

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Recommendation of the Court of the said County about the time of Judgment being Rendered against him no Execution can Issue thereon till he is out of Office And as the said Carter and Several of his Securities are Insolvent his Informant apprehends the same will be lost.

An Action of Debt against Caleb Howell and others on a Bond to the same purposes and sum as those above mentioned On which Judgment hath been recovered for £297.10.0 proclamation Money and a Ca. Sa. issued thereon by virtue of which the Sheriff of Anson County returned that he had taken Wm Little and Burlingham Rudd &c and that they had escaped out of his Custody.

A Scire Facias issued likewise against the said Little and others and their Securities returnable to November Term last also another Action of Debt is Commenced against William Little in Wilmington Supreme Court.

An Action of Debt against Caleb Howell one of the Securities of Charles Robinson Deceased on a Bond of the same sum and to the same purpose of those above mentioned. In which Judgment has been recovered for £250 proclamation Money with Interest from the 15th day of October 1754 till paid.

Soon after obtaining this Judgment Howell disposed of his Lands and Effects and Absconded to Georgia since which I have Commenced Suits against Charles Robinson's Executrix and others that were his Securities. Which Suits are Depending in Salisbury Supreme Court.

A Suit against Townsend Robinson Sheriff of the County of Anson for the Year 1754 & 1755 for a Ballance of £277.2.0 due for Public Taxes to be collected those years. But the said Robinson having Absconded to Georgia Notice could not be served on him so that he illuded a Recovery.

A Suit against James Picket Sheriff of the County of Anson for Public Taxes collected in the said County for the Year 1756. On which the said Pickett paid this Informant £45.1.11 Proclamation Money as a Ballance of the said Taxes for the said Year, and thereupon the said Suit was Continued to November Term last for the said Picket to produce a Settlement of his Accounts with Anson County Court to prove the said sum was all that he stood Chargeable for in the said year Which said £45 1s 11d this Informant hath paid to John Starkey Esqr public Treasurer for the Southern District of this province.

A Suit against David Jones Sheriff of Rowan for £1355 8s 7d proclamation money due for ballance of Public Taxes from the said County for the Years 1753, 1754, 1755, 1756 and 1757 on which the said David Jones paid this Informant £150 proclamation money in part thereof and

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Judgment was rendered against him for the Ballance being £1205 8s 7d Proclamation Money unless the said David Jones should produce at last November Term Authenticated Settlement with the County Court of Rowan to Intitle himself to a Discount for Insolvents the said £150 this Informant hath paid to the said Treasurer.

In Enfield Supreme Court.

A Suit against John Pope late Sheriff of Edgcomb County for the years 1754 and 1755 on which Judgment hath been recovered and £533 6s 8d procn money Levied by Execution and paid to Thomas Barker Esquire public Treasurer for the Northern District of this Province the balance still remains to be levied. All which is humbly Submitted to the General Assembly by their most obliged

Most Obedient and Most humble Servant,

ROBERT JONES, Junior.

Then the House adjourned till 4 o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for regulating Ordinaries and houses of Entertainment. Endorsed 16th December 1758 In the Upper House read the third time and passed. Ordered to be engrossed.

On motion, the House took under consideration the Report of Robert Jones, Junr Esqr Attorney General.

Resolved, that the House approve thereof and that Mr. Speaker return him the thanks of this House for his Services rendered the Public as therein mentioned.

Mr. Speaker in the name of the House returned Mr. Jones the thanks thereof for his said Services.

Ordered, the said report be sent to the Council for their Approbation.

Sent the same by Mr. Gray and Mr. Bell.

It having been intimated to this Assembly that the Forts Granville and Johnston notwithstanding the large sums which have been levied on the Indigent Inhabitants of this Government to Erect and put them in fit condition to protect the Trade and Navigation of the country by the Inattention of those who have been Intrusted to build those Fortresses, and the Misapplication of the Money granted for that purpose, are in such ruinous condition that they are not defensible against the most inconsiderable Force of an Enemy: It is therefore

Resolved, That Samuel Swann, Esq., Mr. Cornelius Harnett and Mr. John Starkey, or a majority of them, be appointed to view Fort Johnston and Mr. John Harvey Junr Mr. Wm Mackey and Joseph Herron,

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or the majority of them, be appointed to view Fort Granville; and report to the Assembly whether the Money appropriated to building the same hath been properly applied, the Conveniency or Inconveniency of their Scituation, the condition in which they respectively are, and whether it will be for his Majestys Service to continue Garrisons in them, or either of them, that the same may be a rule for the future conduct of the Assembly, as well in Regard to granting more money for finishing the said Forts as placing Garrisons in them.

Resolved, That a Message be sent to the Council Acquainting them with the above Resolve, And to desire them to appoint some of their Members to join the Committee Appointed by this House.

Gentlemen of his Majestys Honble Council,

This House having made the above Resolves desire your Concurrence And that you will Appoint some of your Members to join the Committees Appointed by the Assembly.

By Order
S. S. S.
Wm Herritage Clk

19th Dec 1758.

Sent by Mr. Herron and Mr. Mackey.

Henry Delon Clerk of the Committee of Accounts laid before the Assembly an Order of the Court of Chancery of the Following Tenor, to wit.


In Chancery—October Term 1758

Robert Rowan vs. John Starkey An Injunction.

Ordered, the Clerk of the Committee of Accounts do deliver the Accounts and Papers of Robert Rowan the Complainant with the Public in the Custody to the Clerk of Chancery in Order that the said Complainant may be enabled to file his Bill.

RICHARD SPAIGHT Cd Car. Can.

And desired the directions of this House whether he ought to deliver any of the Original papers referred to by said Order.

The Assembly taking the Matter into Consideration, Resolved that the said Order of the Court of Chancery is unseasonable and Altogether Unpresedental and that the papers referred to thereby have been Lodged with the Assembly papers Several Sessions past and ought to remain in the hands of the Clerk of the Assembly who may on proper Application Deliver Copies of them but not part with the Originals out of his Custody.

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


Wednesday the 20th December 1758. The House met according to Adjournment.

On motion Ordered, that the Bill to release John Pope from a Judgment obtained against him in favour of the Parishes of Edgcomb and St. Marys be read a third time.

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

On motion Ordered, that the Bill for repealing an Act therein Mentioned be read a second time.

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

Sent the above two Bills to the Council by Mr. Gray and Mr. Blount.

Mr. Starkey Chairman of the Committee of Public Claims laid before the House the Report thereof which on motion was Read some alterations made therein and then allowed of and sent to the Council for Concurrence by Mr. Starkey and Mr. Mackey.

Received from the Council the Bill for Repealing an Act therein mentioned Endorsed 20th December 1758 In the Upper House read the second time and passed.

Received from the Council a Bill to relieve John Pope from a Judgment obtained against him in favour of the Parishes of Edgcombe and St. Marys Endorsed 20th December 1758 In the Upper House read the third time and passed Ordered to be engrossed.

Mr. Bryan moved for leave to absent himself from the service of the House till tomorrow

Ordered he have leave to absent himself accordingly

Received from the Council the following Message in Writing Vizt

Mr. Speaker and Gentlemen,

In Answer to your Message relating to sending a Committee to View and Inspect the Scituation and Condition of Forts Granville and Johnston, We are of Opinion that the sending of the members of this House as most of them are Commissioners of the said Fort would be Improper. We therefore decline appointing them for the purposes you mention but are satisfied with the persons you have appointed


20th December 1758.

Then the House adjourned till 3 o'Clock Afternoon

P. M. The House met according to Adjournment

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On motion Ordered that the Bill for repealing an Act therein mentioned 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. Churton and Mr. Paine.

On motion, sent the following Resolve to the Council Viz,


20th Dec 1758

In the Assembly Resolved, That James Abercrombie of London Esqr be paid out of the proportion which shall be Allotted to this Province of the Grant of his Majesty and Parliament to North and South Carolina and Virginia the sum of £332 9s 7d Sterling being due to the said James Abercombie for his Expences Care and faithful Service in the Affairs of this Government during the Time of his Agency.

The Assembly taking into Consideration the Necessity of having some person of known Ability and Integrity, to represent their faithful Services and steady attachment to his Majestys Service and to make known the Circumstances of this Province at the Public Boards in England Resolved that James Abercrombie of London Esqr be appointed Agent for this Province for the purposes aforesaid and that he for his Services and Expences be allowed and paid with his Majestys Approbation One hundred and fifty pounds per Annum out of the fifty Thousand pounds Granted by his Majesty and Parliament to North and South Carolina and Virginia towards reimbursing the said province a part of the Expence they have been at in defending his Majestys rights and Possessions in North America, And that the Agency of the said James Abercrombie Commence on the first day of March next and Continue for the space of two years

Resolved That Samuel Swann, Thomas Barker, John Starkey, George Moore and John Ashe Esqrs be appointed a Committee of Correspondence with this James Abercrombie and that they from time to time as required do lay before the Assembly all such letters Dispatches and advices as they shall transmitt to receive from him.

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


Thursday the 21st of December 1758 The House met according to Adjournment

Received from the Council the Bill for repealing an Act therein mentioned Endorsed December 20th 1758 In the Upper House read the third time and passed Ordered to be engrossed

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

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Friday the 22d of December 1758. The House met according to Adjournment.

Mr. John Harvey from the Committee of Accounts Reported that the Committee had Stated and Settled several Public Accounts which he was ready to report when the House would receive it.

Resolved the said Report be received which was accordingly received, Read, Amended, agreed to and Ordered to be sent to the Council for Concurrence.

Sent the said report to the Council for Concurrence by Mr. Harvey and Mr. Smith.

Resolved the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

It appears to this House by the Report of the Committee of Public Accounts That Thomas Barker Esqr the Treasurer of the Northern District hath paid into the Committee of Accounts £1095.11.11 of the Sinking fund, and £465 Notes of the first Emission £3093 of the second Emission and £470 of the third Emission Amounting to £4,028 to be sunk by the several Taxes laid for that purpose and in Notes £3,815 not Issued, and that Mr. Starkey has paid into the Committee £605.19 on the same fund this House therefore have appointed a Committee of the whole House to see the several sums burnt at the house of Robert Wallace in Edenton at 5 o'clock this Evening and desire you'l please to appoint a Committee of your Members to see the same done accordingly.

By order
S. S. S.
Wm Herritage.

Sent by Mr. Harvey and Mr. Relf.

Mr. Barker Chairman of the Committee appointed to Inquire into the misconduct of Francis Corbin and Joshua Bodley Esqr Agents of the Earl Granville acquainted the House that the Committee had set and Examined the Witnesses produced to them as well by the said Agents as by the Inhabitants of One Eighth part of the Provinces of North and South Carolina Petrs and Reported as follows,

The Report of the Committee appointed to enquire into the matter alleged in a Petition of Sundry Inhabitants of that One Eighth Part of the Carolinas belonging to the Right Honorable the Earl Granville, &c.

Your Committee, previous to the Examination of the matters contained in the said Petition, gave notice to the Agents of the Right Honorable the Earl Granville, and others concerned, of the Time and Place

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at which they would meet for that purpose, and required their attendance. Mr. Corbin and Mr. Bodley, the present Agents, several others who had been employed by them, appeared before your Committee Accordingly, and they having examined into the Cause of Complaint, came to the following Resolutions to wit,

Resolved, That it is the Opinion of this Committee, That the manner of Issuring Grants by the Agents, and the Fees taken thereon, was agreeable to the Earl Granvilles Instructions, which, as to the Fees, had been varied several Times, and that the Fees taken had always been agreeable thereto, and produced such Instructions as convinced your Committee that they had acted agreeable to the said Instructions in the above Particulars, with respect to the Terms of Deeds by them executed; nor does it appear to your Committee that they have taken higher fees themselves than directed by the said Instructions, unless where the same Price of Land has been entered by more than one Person, as has sometimes happened, in which case the Entry Fee has not been refunded to either of them; but that some Persons employed by Mr. Corbin to receive Entries, and others to make Surveys, have received sums from several persons who have applied for lands not warranted by the said Instructions.

Resolved, That it appears to your Committee, That Mr. John Haywood, who had been appointed to receive Entries on Lands, and at whose house the said Earl's Agents have frequently given their Attendance for Issuing Grants, had taken thirty nine Shillings Virginia money, for an Entry, thō by the said Earls Instructions none more than thirty three shillings ought to have been received.

Resolved, That it appears to this Committee likewise, That one Cooper applied to said John Haywood, to secure a Title to a Piece of Land the Entry of which he had bought of Jacob Lockernan: That Haywood for Three pounds for which Cooper gave him his Note of hand, engaged to put him in a way to get his Title and gave him a Letter to Mr. Corbin which he delivered him at Edenton, on which Mr. Corbin promised that he should have his Deed at the next Edgcomb Supreme Court; at which Time he applied to Mr. Corbin for the Deed, but could get no Answer from him, but Col. Haywood, in Mr. Corbins Presence, told him he could not have it unless he would enter it again: Whereupon he went home, and returned to Court after and renewed his Application to Mr. Corbin, but could get no Satisfactory Answer, but Haywood told me he must enter the Land again or he could not have it; and that finding he could not get his Deed otherwise, notwithstanding Haywood's Engagement and Mr. Corbins Promise, he then was at the Expence of entering it again.

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Resolved, That it appears also to your Committee, That Nicholas Baucam, who had made an Entry with Colo Mosely, and had it surveyed, not having had his Deed in Mr. Moseley's lifetime, sent the Plan of the Survey by one Terrel to Mr. Corbin, after his coming into the Agency, and paid for the Entry; that the Surveyor came afterwards, but surveyed it in a different place than where the Entry was made, and at the said Time surveyed the Land which Baucam had entered for one Anderson; That Baucam applied to Mr. Corbin and acquainted him with these Transactions, and was directed to send Terrel with the Plans to the next Supreme Court, and promised that he should have Justice; That Baucam Attended afterwards, according to the Directions with Terrel at John Haywood's and acquainted Mr. Corbin Terrel was there; that John Haywood being then present told Baucam, that Terrel was a great Rogue and not a fit person to swear there; and being answered by Baucam that there was as great Rogues in this province as he, Haywood, in Corbin's presence, took him by the Collar and turned him out of Doors; that he could not have opportunity of speaking again on the Business, and never has had Redress.

Resolved, That it appears to your Committee further, That Arthur Moore had entered a piece of Land with Col. Halton, in the time of his being Earl Granville's Agent; that he could not get the Land surveyed till Col. Halton and Moseley both died, after which he applied to Col. Corbin, entered the Land with him and paid him for the Entry; that Mr. Corbin then told him to get it surveyed within Twelve Months, and he should have a Deed for the Land; that he had it surveyed and applied for his Deed within the Time, on which application, Mr. Corbin was informed by James Campbell a Clerk in the Office that there had been a deed for the same Land to one Becton; to which Mr. Corbin replied that Becton's Deed was a different Piece of Land: however, would not make out a Deed for Moore, who was afterwards sued in Ejectment by Becton, and Judgment was had against him on Becton's producing a Deed executed by Mr. Corbin for the same Land, and Moore turned out of Possession and imprisoned for near two Months, till he could pay the Costs of the Suit.

Resolved, That it appears likewise, That Richard Caswell surveyed the Land for Becton where Moore was in Possession, and after his Entry with Mr. Corbin, and on making return, made no mention of that Circumstance which by the duty of his Office he ought to have done, It appears also that Moore paid for entering and surveying the said Land, Three pounds Nineteen Shillings and ten pence Virginia Money, no Part of which was ever paid back to him.

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Resolved, that it further appears to this Committee, That Montford Elbeck entered a Piece of Land with Mr. Corbin, and paid him a Pistole for the Entry; sometime after which a Warrant was sent to the Surveyor in Elbeck's Name, but for a different piece of Land than that which he had entered, and for that Land the Surveyor had a Warrant in the Name of one Gee for whom it was surveyed, and a Deed afterwards made out for Gee for the same Land, thō Elbeck appeared before Mr. Corbin and contested his Right in consequence of his Entry. It appears further that the Pistole was not paid to Elbeck.

Resolved, That it appears to this Committee That John Lawrence had a piece of Land Surveyed, and returned into the Office, in Col. Halton and Moseley's lifetime, but before he could get out his Deed they died; that he afterwards applied to Mr. Corbin for a Deed, which he told him he should have and John Haywood undertook to get it out for him; that some time after being informed that Samuel Carter was going to get the Land, he applied to John Haywood to enter it again, but was refused an Entry and the Land was granted to Carter.

Resolved, That it appears to this Committee that Wm Williams tendered the payment to John Haywood (who was impowered to receive quit rents as well as to take Entries) of the Arrears due on a Tract of Land granted by Col Halton and Moseley the Earl's former Agents; and that the said Haywood refused to take the Arrears, saying he was so instructed by the Agent on Account of some Informality in executing the Deed, they having Signed their own Names, and not subscribed his Lordship's Title and that Mr. Corbin was present at the same time.

Resolved, That it appears that Mr. James Conner see a person offer payment of Quit rents due on several Deeds executed by Col. Moseley and Halton to Col. Innes and Col. Corbin, and that they refused to take the Rents, because the Deeds were not properly executed as they said.

Resolved, That it appears to this Committee that John Green, about five years ago, entered a Piece of Land in one of Mr. McCulloch's Tracts in the Earls District, and that Mr. Corbin then said he would grant any of the said Tract to any Person that would apply for the same.

Resolved, That it appears to this Committee That William Churton, a Surveyor in the Earls Office, was ordered by Mr. Corbin and Mr. Bodley to resurvey some of the Land of Mr. Henry McCulloch, which he accordingly did, and by Mr. Corbins Direction, given in Mr. Bodley's Presence, made a Line of marked Trees through the said Land, supposing that there was a surplusage, though it does not appear that the said Churton, at the time of the Survey, had Mr. McCulloch's Patents, or a Copy of them or any Plats signed by the Secretary or any other Public Officer, but a Plan in Col. Moseley's Hand Writing Signed, (Copy)

-------------------- page 1092 --------------------

Resolved, That it appears to this Committee by Col. Innes' Evidence That five Entries were taken on the Land of the said McCulloch some years ago by him and Mr. Corbin, in Consequence of Instructions given to Col. Moseley, which he the said Mr. Innes and Corbin were directed by his Lordship to follow. It appears further, that by Instructions since, different Directions have been given by the Earl to his Agents in Respect to the said Lands

Resolved, That it appears to this Committee That upon Proposal made by Henry McCulloch Esq. to the right Honorable the Earl Granville on the 27th of September, 1755, concerning Lands granted to the said Henry McCulloch by the late Govr Johnston, and scituate in his Lordship's District, the Earl made several Concessions in Favour of the said Henry McCulloch, which Proposals and Concessions, under the respective hands and Seals of the said Earl Granville and the said Henry McCulloch, were by a Notary Public, at the request of John Campbell Esqr, Agent of the said Henry McCulloch, produced to Francis Corbin, Esq., while he and Mr. Wheatley were his Lordships Agents, and the said Notary requested that the same might be recorded in the Earl's Office, and that the said Francis Corbin refused to record the same, saying that he never had any Orders from his Lordship for so doing; and that after Mr. Bodley being joined in the Agency with Mr. Corbin, the said Notary made the same Request to them both, to which they answered that they could not record them with any kind of Legality, because his Lordship's Office was not an Office of Record.

Resolved, That it appears to this Committee, That Joseph Herron, Esq., made two entries for Resurveys on Col Moseley's Land, and paid the entry fees to Col Halton; and since Mr. Corbin has been the Earl Granville's Agent frequent applications hath been made to him to direct the said surveys to be made, but that he would not order the same to be surveyed, though other lands have been resurveyed by his Order.

Resolved, That it appears to this Committee, That John Terrel paid to Mr. Corbin on the 30th of April 1753 six pounds ten shillings and ten pence for eight hundred and Five Acres of Land granted the same day, but entered the office some years before.

Resolved, That James Carter a Surveyor in the Earl's Office, under Pretence of receiving Entries and making Surveys, has at different times, exacted and extorted considerable sums of Money from several Persons, without returning the same into the Office; by which they have been prevented getting their Deeds.

Resolved, That it appears to this Committee, That George Platt, about two years ago entered a piece of Land with James Paine, impowered to

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receive Entries in Granville County; that Paine then told him no other Person had entered the same; that Benjamin Ward afterwards applied to Sherwood Haywood, a Surveyor in the Earl's Office, who agreed for four pistoles, to get the Land from Platt; that Haywood, in Pursuance of the said Agreement, prevailed on Paine to let him have his Entry book, and that Haywood erased Platt's name and put in Ward's; by which Fraud Platt has been hitherto defeated of getting a Deed for the Land.

Resolved, That it appears, That Wm Haywood, a Surveyor in Earl Granville's Office, took five pounds five shillings Virginia Money, for two Surveys, besides the Entry fee, though it does not appear by the Earl's instructions that more than four pounds sixteen shillings ought to have been taken for the said Services.

Resolved, That it appears to this Committee, That William Wiley, some considerable time ago, had a piece of Land Surveyed, and returned into the Earl's Office; that no application having been made for the same for about the space of four years, Mr. Bodley for that reason refused to grant a Deed for the Land until Fifty Shillings was paid him, on account of back Quit Rents of the same, which was paid for Wiley by Wm Churton to whom Mr. Bodley refused to give a Receipt for the same, but gave him a Memorandum in his the said Bodleys Handwriting, and told him that would do as well.

Resolved, That it appears to this Committee, That Wm Churton who has been intrusted by Mr. Bodley to deliver Several Deeds to people in the Western Countries, for Lands which had several years before been surveyed and returned into the Office, without any Application having been made for Deeds in due Time; and that the said Mr. Bodley gave the said Churton Instructions to demand back Quit Rents on the said Lands, and gave him a Memorandum, by which he was directed to receive on that account from the several Grantees, several sums of money, amounting in the whole to about Thirty pounds; but that Mr. Bodley at the same time gave discretionary Instructions to the said Churton, in case it should appear to him that the Entries laying so long in the Office had been owing to any Neglect in those concerned in the same, or from the Poverty of the Parties, that he might forgive any Part, or the whole of the said Quit Rents; and that in consequence of that discretionary Power the said Churton did deliver the Deeds to the respective Grantees without taking any Back Quit Rents or any of them.

Resolved, That it appears to this Committee That one Evan Ellis about five or six years ago, had an Entry Surveyed and returned into the Earls Office, and that no Application having been made for the same till June last, Mr. Bodley then refused to Grant a Deed for the same

-------------------- page 1094 --------------------
unless back Quit Rents were paid as no Reason appeared to him why an Application should not have sooner been made, and that the Deed for the said Land had not been made out.

Your Committee observe, That William Bryant and Robert Cade delivered into your Committee a Paper purporting their request in behalf of themselves and the other Petitioners, that no Enquiry should be made into that Part of the Petition which relating to the taking of back Quit Rents; for that on further Consideration they had been satisfied with Mr. Bodleys Conduct therein, and esteemed it rather an Indulgence than an Injury, as they were admitted by that means to take out their Deeds when by the Rules of the Office the Time for so doing had been elapsed.

THOMAS BARKER
MICHAEL COUTANCHE
ROBERT HARRIS
ROBERT MURDEN
JOSEPH HERRON
GEORGE MOORE
JAMES CONNER
JOHN ASHE
JOHN STARKEY
EDWARD VAIL
JOHN HARVEY
JOSEPH BLOUNT

The House agreed to the above Report, and ordered the same to be entered on the Journal thereof.

Mr. Ashe, according to Order laid before the House an Address to his Majesty, which he read in his Place, and was again read by the Clerk.

Resolved the same stand the Address of this House, and be entered on the Journal as follows,

To the Kings most Excellent Majesty,

The Humble Address of the Assembly of North Carolina,

Most Gracious Sovereign,

We your Majesty's most dutiful and loyal Subjects, the Assembly of North Carolina, embrace this first Opportunity of being convened in Assembly to congratulate your Majesty upon the Success of your Arms, in taking of Cape Breton the Island of St John, and the Dependencies, Reduction of Fort Fontenac, and the regaining of Fort Du Quesne.

These Acquisitions, truly glorious to your Majesty, tend to the Security and Protection of your Colonies, confirm the Indians in their Allegiance and increase the Trade and Navigation of Great Britain, and affords us the pleasing Hopes, that through the Wisdom of your Majesty's Council and Conduct, the Rights and Possessions of the Crown of North America will be entirely regained and effectually secured.

We humbly beg leave to assure your Majesty, that as we hitherto have, so we will, to the utmost of our Power, chearfully contribute towards

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defending this Province against Invasions of the Enemy or joining your other Colonies on this Continent in vigorously carrying into Execution such wise Resolutions as your Majesty shall take for making a Conquest of that Part of North America yet possessed by the Subjects of the French King.

Permit us, Sir, to return you our most grateful and sincere Thanks for the singular Favour done this Province in the Grant made by your Majesty and Parliament of Fifty Thousand pounds to North and South Carolina and Virginia towards reimbursing a Part of the Expences they have been at in prosecuting the present War, which cannot fail being of the most essential Service to every Individual here, if the Proportion thereof which shall be allotted to this Government is duly applied.

We observe with unfeigned Concern, great Immorality and Profaneness in the Lives and Manners of many of your Subjects in this Province, as well as gross Ignorance; the Cause of which we must ascribe to the Want of an orthodox and pious Clergy and regular and proper Schools and Seminaries of Learning.

In this present Session of Assembly we have passed a Bill whereby better provision is made for the Clergy than has been at any Time heretofore in this Government and more we should have gladly done; but alas, Sr, the Country is so impoverished in its circumstances through granting repeated Aids to your Majesty for making the same defensible, and in carrying on Expeditions in Conjunction with your other Colonies against the French and their Indian Allies, that we cannot give sufficient Encouragement to the Clergy, nor Erect proper Schools for the Education of our Youth.

Permit us therefore, most earnestly to intreat your Majesty, to order and direct, that the proportion of the said sum which shall be allotted to this Country, be laid out and applied under such Rules and Regulations as to you, in your great Wisdom, may seem expedient, in purchasing a Glebe for each parish in this province and making suitable improvements thereon, and erecting and establishing a free School in every County. This application we humbly apprehend, will tend to promote the Honour and Glory of God, true Religion, Piety, and Useful Learning, as well as root out Profaneness and Immorality; and cause the rising Generation to add their grateful Prayers and Wishes to those of your loyal Assembly, that your Majesty may long possess and enjoy the Crown of Great Britain and the Dominions thereto belonging; together with the Acquisitions lately made by your Majesty's Arms; and that the same may thereafter be transmitted, through a succesion of illustrious Princes, descended from you, until the latest Period of Time.

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Resolved, That the said Address be transmitted and laid before his Majesty.

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

I am not a little surprised, that in perusing the Report of the Committee of Claims I find a Claim rejected, issued by my Secretary by my Order, for his Majesty's Service; and though a Paragraph in one of the Articles of the Claims was disagreed to by the House, yet, as it was reported from the Committee, I take it to be an Affront against me, and in it I have been treated with the greatest Indignity; I do not lay it to the Charge of this Committee, but to the Chairman, who by aiming at a false Popularity, pretends not only to lead the Committee, but to govern the House; Had I pretended to order it to be paid out of any improper Fund otherwise appropriated, I think he, as his Majesty's Servant and Treasurer, ought in duty to have applied to me to have cleared up the Point before he had the Committee to brand me with acting illegally with opprobrious Words. The Fact was this, I was obliged, out of my own money, to hire Expresses upon account of his Majesty's Service; no Fund was allowed to me for those Services; I sent an Order to the Treasurer to pay it out of the Contingenees, he refused payment, and said he had no money in his hands; upon which I ordered my Secretary to pay it out of what Money was in his Hands for Payment of Troops sent to New York, that was lying dead, until we could know what Debt was due there, and it should be replaced from the Contingencies, and this Claim was brought to replace it to that Fund as the Chairman knew, but would not inform the Committee with the Facts as it was, in Order to bring in the Committee to that injurious Reflection. But I must let the Treasurer know, that he must Answer my Orders when he has Money in his hands; and if I order it illegally, let him impeach me upon the Order; for I find, by his Accounts, that he can advance Money to his Favourites when he has no Money in his Hands; witness the printing Fund, which he has over paid, to oblige his Friends.

I therefore believe you will think my Claim just, and not Support a Member who is endeavouring to make himself Popular by making a Breach between the Assembly and me; otherwise I shall be at Liberty to disapprove of the Claims or Accounts, and then no Payment can be made without my Order.

I shall conclude with observing that it appears to me highly improper that those who are to account for Public monies should be appointed of the Committee of Accounts, or that of Claims.

ARTHUR DOBBS.
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Then the House adjourned till 4 o'clock in the Afternoon.

P. M. The House met according to Adjournment.

His Excellency the Governor sent a Message to the House, requiring the attendance thereof with such Bills that have passed this Session of Assembly and are Engrossed.

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber, and there presented him the following Bills, Vizt

The Act for granting an Aid to His Majesty.

For erecting a City on Neuse River, at a Plantation called Tower Hill.

For inspecting Beef, Pork &c.

For making better Provision for the Clergy.

For altering the method of working on the Roads in Craven, Carteret &c.

For Building Public mills, &c.

For Appointing a Place for holding the Supreme Court of Justice Oyer and Terminer, and Genl Goal Delivery for the Counties of Northampton, Edgcomb &c.

The Additional Act to an Act intituled an Act concerning Servants and Slaves.

The Act for regulating Ordinaries.

To make Provision for the Payment of the Chief Justice and Attorney Generals Salary.

For the Dividing the County of Johnston, &c.

For establishing a Town on the Land formerly belonging to Zachariah Nixon &c.

For establishing a Warehouse on the Land of Thomas Barnes, &c.

For dividing the Parish of North West.

For establishing a Ferry from Solleys Point to Relf's Point.

For dividing Edgcomb County.

For destroying Squirrels.

To which his Excellency was pleased to assent.

The House returned.

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


Saturday December 23d 1758. The House met according to adjournment.

Received a written Message from the Governor, Vizt

Mr. Speaker,

Being informed that you intend to discontinue the Post through this Province, whether you wont think it necessary to allow a Sum, to be paid

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out of the Contingencies, to pay Expresses for Carriage of all Letters and Dispatches from his Majestys, or by his Orders, and for his Service, and as you have not allowed any Aid to finish Fort Johnston, upon the Account of the Commissioners not having sent in their Accounts, whether the Sum of One Hundred and Ninety two pounds Three Shillings and Three pence, lying in the Treasurers Hands these Ten Years, upon Account of the Bear Inlet Fort may not be applied towards the Contingencies, and what may be expended in paying the Carriage of such Dispatches thrō this Province.

ARTHUR DOBBS.

Received from the Council a written Message as follows, to wit

Mr. Speaker and Gentlemen of the Assembly

On reading the Reports of the Committee of Claims, we find that for Reasons there mentioned you have not allowed the Honorable Richard Spaight, Esq., a claim for eleven pounds two Shillings and Eight pence Proclamation Money, paid him by the Governor's Order, Three years past, for Expresses. As this House is of Opinion your Reasons are not sufficient they cannot concur with you in disallowing the said Claim; We hope you will reconsider thereof; for as there was not at that time no Fund provided for payment of Expresses, it would be unjust that the Governor should be obliged to pay, out of his own Pocket, a Charge that was heretofore always paid by the Government.

Our Opinion is, that the same may be paid out of the Funds appropriated for the payment of the Contingent Charges of Government; and if you will, for that Purpose, make a Resolve of your House, we shall concurr with it.

Resolved, That the Estimate of Allowances to the Members, Clerk and Officers of this House be sent to the Council for concurrence.

Sent the same by Col Harvey and Mr. Williams.

Resolved that the following Message be sent to His Excellency the Governor, Vizt

Sir,

In answer to your Excellency's Message in Relation to a Matter reported by the Committee of Claims, it gives us great concern that a Transaction, in which your name did not appear, should be construed a design to cast a slur on your conduct; we believe that nothing could be further from the Intention of the Committee, and are certain, that nothing could be more remote from the Design of the House. The Claim mentioned by your Excellency, was introduced by Mr. Spaight at a former Assembly,

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and rejected, for what Reason cannot at present appear, the Claim and Report being lodged with the Assembly Papers at Newbern, this Claim was renewed before the Committee the present Session, but no particulars offered to them on which the same was founded; so that it could not appear what sum was due or out of what Fund it ought to be paid; and the bringing it a second Time without any account of the Services for which it was pretended to be due, was such a Procedure, as in cases of the like kind, always has been deemed by the Assembly a Contempt, Notwithstanding which the House upon receiving the Report, and being informed that the matter had some relation to your Excellency, struck out that part of the Report of the Committee in complaisance to you.

From the state of the case, we hope your Excellency will be satisfied, that nothing happened either in the House or in the Committee, that might reasonably be construed an intended Indignity to you.

As to any undue influence of the Chairman in the Committee, we are Strangers to it, and apprehend, your Ear must have been abused in this Particular, as he never attempted anything of the kind in the House, thō from his long Experience in Business, and his diligent attention to the Public Concerns, he has merited the esteem of all who wish well to the Province.

We cannot concur in Opinion with your Excellency, that your Warrant to a Treasurer to apply money to a different use than that to which it is by Law appropriated, will justify him. It is what we never yet knew; and, as it would be giving up the Rights of the People we represent, to make such a concession, hope your Excellency will not insist on a power which, if permitted to be exercised, would be subversive of all Government.

As to what your Excellency has been pleased to observe in Regard to the Appointment of our Committees the Treasurers have not been put on that of the Public Accounts as you suppose, but our Committees have always consisted of such Gentlemen as were unexceptionable, and have been appointed by the direction of the House; and, permit us to say, Sir, that since the Establishment of this Government that Power has been enjoyed uninterrupted till the present Instance.

Resolved, That the following Message be sent to the Council, Vizt,

Gentlemen of His Majestys Honble Council,

On Considering your Message of this Day, relative to the Claim of the Hon. Richard Spaight for Money advanced by him for Expresses, we are of Opinion that the Method you propose of allowing it is not proper, however, we have no Objections to his being paid out of the

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Fund for contingent Charges, and would propose that the Book of Claims shall be altered to that Purpose; to which if you agree, the Assembly will send two Members to see such Alterations made.

The above Message was sent back, Endorsed Mr. Speaker and Gentlemen of the Assembly Agreed to in the Upper House 23d Decr 1758.

By Order
J. SMITH, Clk

Ordered, That Mr. Barker and Mr. Starkey attend the Council to see the Alterations made agreeable to the above Message.

Mr. Barker reported that he, with Mr. Starkey, had attended the Council according to order and had seen the Alterations made in the Book of Claims pursuant to the above Message.

Received from the Council the following Message in Writing, Vizt,

Mr. Speaker and Gentlemen of the Assembly,

The House having taken your Resolve relative to Mr. Abercrombie into their Consideration are of Opinion that before they concurr in the said Resolve your House should agree that the Monies in the Hands of Samuel Swann Esqr should (on the Monies being secured to be paid Mr. Abercrombie in England) be applied towards the contingent Charges of Government, if you will make a Resolve to that Purpose, we will concurr with you in both Resolves.


23rd Dec. 1758.

Resolved, That the following Message be sent to the Council, Viz

Gentlemen of His Majesty's Honble Council,

On considering your Message concerning the Resolve of this House relative to paying James Abercrombie, Esq., the Ballance to him from the Government, we are of Opinion That the Money in the Hands of Samuel Swann Esqr must of Course be applied towards defraying Contingencies of Government, if not paid to the said Abercrombie; however, for greater Certainty, we would agree that the Report of the Committee of Accounts should be altered to that Effect; in which, if you concurr, the Assembly will send two Members to see such Alterations made.

The above Message was sent back, Endorsed Dec. 23rd 1758 in the Upper House Agreed to.

Ordered, That Mr. Harvey and Mr. Barker attend the Council to see the alterations made agreeable to the above Message.

Mr. Barker reported, That he, with Mr. Harvey, had attended the Council, accordingly to Order, and had seen the alterations made in the Report of the Committee of Accounts, pursuant to the above message.

-------------------- page 1101 --------------------

Resolved, That a Post be kept from Wilmington, on Cape Fear, to Suffolk in Virginia, once a Fortnight, for one year, from the Twentieth day of January next; and that Mr. James Davis have the Direction thereof; That the Post be at Wilmington on Tuesdays, at Newbern on Fridays, at Bath Town on Mondays, at Edenton on Thursdays, at Mr. Herron's on Chowan River, on Fridays, and at Suffolk on Saturdays, once a Fortnight during the said Term: And in case of failure of being at any one of these places at the time hereby appointed, there shall be a Deduction out of his Salary for the Expence of the Post the whole Journey from Wilmington to Suffolk; unless he shall make it appear to the Assembly, that by unavoidable accidents the Post was prevented: And that he be paid as a Salary for his said Service the Sum of One Hundred and thirty pounds, at half yearly payments, out of the contingent Tax.

Sent the above Resolve to the Council for their Concurrence; which was returned back, Endorsed, Concurred with.

Received from the Council the Report of the Committee of Accounts; also the Report of the Committee of Claims; Endorsed, Concurred with 22nd December 1758.

Received from the Council the following Message, Viz

Mr. Speaker and Gentlemen,

This House having taken under Consideration your Message of yesterday, relative to the appointing a Committee of this House to join your House to see the several Sums, paid into the Committee of Accounts by the Treasurers of this province, burnt, have appointed the Honorable John Rieusset, and Richard Spaight, Esqrs a Committee of this House to see the same done.

Resolved That the following message be sent to the Governor, Vizt

Sir,

In answer to your Message of this Day, the Assembly have agreed with Mr. James Davis to continue the Post for One Year longer; and have made a Resolve to that Purpose, which is sent to the Council for their Concurrence.

As to applying the Remainder of the Money appropriated to building a Fort at Bear Inlet, towards defraying Contingencies of Government the Assembly are of Opinion it cannot be done otherwise than by passing a Law, and that it is too late in the Session to bring in a bill for that purpose.

Then the House adjourned till Monday the First Day of January next.

[Prorogued by the Governor to the first Tuesday in March next.]



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