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Bill by the North Carolina General Assembly concerning aid for British troops
North Carolina. General Assembly
May 1759
Volume 06, Pages 34-40

A Bill for granting an Aid to his Majesty to augment the Troops now in the pay of this Province etc.

Whereas the Inhabitants of this Government are willing to exert themselves to the utmost of their ability in promoting His Majesty's Service, and improving the Advantages gained over the Common Enemy on this Continent by his Arms the last Campaign.

Be it therefore enacted by the Governor Council and Assembly, and by the Authority of the same, that the sum of Six Thousand Pounds be granted to His Majesty for augmenting the Troops now in the pay of this Province to three hundred effective Men, exclusive of Officers, and clothing, paying and subsisting the said Troops when so augmented. Which said men shall be formed into three Companies, and each Company have one Captain two Lieutenants one Ensign, one Surgeon, four Sergeants, four Corporals and two Drummers, and shall be paid the following pay to wit, a Captn Ten Shillings & Eight pence, a Lieutenant Six Shillings, an Ensign five shillings, a Surgeon Five Shillings, a Sergeant two Shillings, a Corporal & Drummer one shilling each, a private man eight pence per Diem, and each non commissioned officer, and private man eight pence per Diem for subsistance until they shall be joined by His Majesty's regular forces or Troops of the other Colonies under the Command of General Amherst, and the said Companies shall be employed in any Expedition in North America, as shall be directed by the said General or the Commander in Chief of His Majesty's Forces on this Continent, and continue in pay until the 10th day of December next if necessary for His Majesty's Service and no longer.

Provided nevertheless that if the Campaign shall be ended sooner or the said Forces shall not be ordered on any Expedition, it shall and may be lawful for the Governor or Commander in Chief for the time being to cause all or any part of the said Forces to be sooner discharged, anything herein contained to the contrary notwithstanding. And be it further enacted by the Authority aforesd that each able bodied man, inlisting voluntarily into the said service shall as

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soon as may be after inlisting be clothed, for which Expence & providing him with a striped Blanket The Captain shall have an allowance of six Pounds per man, and a further sum of Twenty shillings per man for recruiting Expences.

And for expediting the said service be it further enacted by the authority aforesaid, that the sum of Five Pounds shall be paid and given as a Bounty to each able bodied man now inlisted or who shall voluntarily inlist to serve his Majesty in either of the said Companies. And be it further enacted by the authority aforesaid, that each Captain of the said Companies shall pay to each respective non commissioned officer and soldier in his Company their respective pay by this Act allowed, and each recruiting officer & person enlisting any soldier shall pay and satisfy to the soldier whom he shall enlist the sum of five pounds And every Captain recruiting officer and other person neglecting so to do, shall and is hereby declared to be incapable thereafter of having any Command or serving in either of the said Companies.

And in Case he shall be continued longer in the said service shall not be allowed any pay for the same, nor have any Demand or Claim on the Public on that Account.

And be it further enacted by the Authority aforesaid, That no person in the said service shall hold or enjoy two Commissions or Posts, and if any person contrary to the intent and meaning of this Act shall have several Commisns or Posts or be appointed to Act in several Capacities or discharge two or more Duties in the same he shall have an allowance from the Public for one Post or Service only, any custom or usuage to the contrary notwithstanding. And whereas there is not money in the Treasury to answer the purpose by this Act intended. Be it further enacted by the Authority aforesaid that Samuel Swann and John Starkey Esquires be and are hereby empowered and required to sign Public Notes of Credit to the Amount of the said Sum of Six Thousand Pounds (to wit) of the following Denominations to wit (not exceeding forty) Twenty Shillings (nor less than) Ten Shillings and Five Shillings (each) which notes by their Tenor shall intitle the possessors thereof to the Sum specified in each of them to be paid out of the Public Treasury on the tenth day of December in the year of our Lord one Thousand seven hundred and sixty three. And the said Samuel Swann and John Starkey shall receive and be allowed for their trouble and expence in printing and signing and emitting the said notes, two per cent, and no more.

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And be it further enacted by the Authority aforesaid that the said John Starkey, Treasurer of the Southern District of this Province when directed until the said sum of Six Thousand Pounds be fully paid, shall make payment in the said notes, or in Proclamation Money, for which he may exchange the same, to such person or persons as the Governor or Commander in Chief for the time being shall order or appoint to receive the same, and every person so empowered to receive any sum or sums shall when required by the Assembly Account for the same.

Provided nevertheless that the Captain of each of the said Companies before receiving payment of any sum or sums by virtue of any such order as aforesaid shall enter into Bond with good and sufficient security to his Majesty his Heirs and successors in the sum of (Two stet) Thousand Pounds Proclamation Money with condition that he will account with the Govr Council and Assembly, when he shall be thereto required for all such sum and sums as he shall receive from the said Treasurer by virtue of any such Warrant or Order of the Governor or Commander in Chief for the time being; which Bond shall be lodged with the said Treasurer, and in case of a breach of the condition thereof be put in Suit, in which no Imparlance, Essoin or Injunction shall be granted or allowed. And on a Judgment being obtained thereon the money recovered shall be applied towards defraying the contingent Charges of Government or to such other uses as the Governor, Council & Assembly shall appoint and no other Purposes whatsoever.

And be it further enacted by the Authority aforesaid, That the Sum by this Act granted, shall by the Direction of the Governor or Commander in Chief for the time being be applied to the particular Services by this Act intended, if necessary, but if a less sum shall be found sufficient for the said service the surplus shall be applied towards defraying the Contingencies of Government in such manner as the Governor Council and Assembly shall direct and not otherwise.

And be it further enacted by the Authority aforesaid, That if any Person shall forge or counterfeit any of the said Notes of Credit or shall pass or utter the same in Payment or Exchange knowing the same to be forged or Counterfeited, the offender being thereof Lawfully convicted shall be adjudged a Felon and suffer as in Cases of Felony without benefit of Clergy.

And be it further enacted by the Authority aforesaid that the Notes of Credit by this Act directed to be signed and emitted shall and

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are hereby declared to be current, and a lawful Tender in all Payments whatsoever at Par with Proclamation Money.

An whereas an Additional Poll Tax will be greatly burthensome to the Inhabitants of this Governmt in their present impoverished condition, Be it therefore enacted by the Authority aforesaid, that the proportion of this Province in the Fifty thousand Pounds Sterling granted by His Majesty and Parliament to North and South Carolina & Virginia after deducting the sum of Four Thousand Five Hundred Pounds thereof appropriated for erecting a Governor's House, State House and Secretary's office by one Act of Assembly Intituled, “An Act for erecting a City on Neus River upon the Plantation called Tower Hill fixing the Seat of Government therein and building a Governor's House and Public offices in the same.” And the Sum of Three Hundred and Thirty two Pounds Nine Shillings and seven pence due to James Abercromby Esquire of London for services formerly done as Agent of this Province, be and is hereby appointed and substituted a Fund for paying & redeeming the said Notes of Credit in manner hereinafter directed, Unless His Majesty has ordered or shall direct the same to be applied, agreeable to the request made to him by the Address of this Assembly in the last Session.

And whereas it is highly necessary that some person of Integrity and ability residing in London should be authorized as well to represent to His Majesty, the Loyalty of his Subjects in this Province and their zeal for his Service as to apply for, receive and remit the said proportion of the said Fifty Thousand Pounds. And this Assembly already having had satisfactory proofs of the Capacity, Probity and Address of the said James Abercromby Be it therefore enacted by the authority aforesaid that the said James Abercromby be and is hereby appointed Agent for this Province for two years from and after the passing of this Act and from thence to the end of the next Session of Assembly to lay before his Majesty and his Ministers proper documents of the Expences incurred by this Province in the present war, and to solicit and transact all business and affairs of this Government necessary to be represented and made known to his Majesty or any of the Boards in England, according as he shall from time to time find it necessary, or be advised or instructed by the Committee of Correspondence hereinafter named.

And be it further enacted, that the said James Abercromby shall in full consideration for his said Services and Expences attending the same be allowed the Sum of two hundred pounds Sterling per

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Annum to be computed from the first day of March last past until the Expiration of his said Agency. And there shall be paid to the said Committee of Correspondence out of the Public Treasury by a Warrant from the Governor or Commander in Chief for the time being so much Proclamation money as shall be sufficient to enable them to remit the said Consideration in Sterling moneys as aforesd which they from time to time are hereby impowered and required to do as the same becomes due.

And be it further enacted by the Authority aforesaid, that the said James Abercromby be and is hereby authorized & impowered to ask take and receive from the Right Honourable the Lords of the Treasury or such other Person or Persons as have or ought to pay the proportion of the said Sum of Fifty Thousand Pounds which shall be allotted to this Province, and also such other sum or sums as are or shall by the Parliament of Great Britain be granted to this Province, and to remit the same to the Public Treasurers of this Government according to such advice and Instructions as he shall receive from the said Committee for that Purpose.

Provided nevertheless that the said James Abercromby before receiving the said money shall enter into Bond with sufficient security to his Majesty his Heirs & Successors in the Sum of Twenty Thousand Pounds Sterling with condition that he shall & will remit the same agreeable to the Directions of this Act, and such Instructions as he shall receive from the said Committee which Bond shall be lodged with such Person in London as the said Committee shall appoint to receive the same. And in case of the breach of the condition of the said Bond the same shall by direction of the said Committee be put in suit, and the damages recovered thereon be applied towards sinking the said notes of Credit or in defraying the Contingent Charges of Government in such manner as the Governor Council & Assembly shall direct, and to no other use or purpose. Provided also that the said James Abercromby shall and may and is hereby impowered to retain in his hands out of the said money the sum of Three Hundred and Thirty two Pounds Nine shillings and seven pence sterling in satisfaction of the Arrears due to him from this Province for his former Agency and also such other part thereof as shall be sufficient to defray the Expence of Insuring and Freight, that shall accrue upon remitting the said money to the Public Treasurers of this Province in manner aforementioned which Insurance the said James Abercromby is hereby impowered and required to

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make before the same be shipped or remitted to the said Treasurers and also to agree and contract for the Freight thereof.

And be it further enacted that Samuel Swann, Thomas Barker John Starkey, George Moore, and John Ashe Esquires or the Majority of them, or the Survivors of them be and hereby appointed and constituted a Committee of Correspondence during the Continuance of the Agency of the said James Abercrombie, and they from time to time shall advise and instruct him in all such matters relating to this Province as shall be necessary to be represented moved or solicited before his Majesty in Council or any of the Boards in England, and the said Committee shall from time to time as often as required lay before the Assembly such advices as they shall receive from the said Agent, and also Copies of such Dispatches and Instructions as they shall send to him. And be it further Enacted by the Authority aforesaid, That the said Public Treasurers, shall and are hereby directed out of the Monies which they shall receive as aforesaid to pay all such Sums as shall be due on the said Notes of Credit to the Possessors of the same and to take in the said Notes so soon as they shall become redeemable that they may be produced to the Assembly to be burnt But least any disappointment should happen in getting the said money and thereby the said Notes of Credit remain unredeemed. (And for redeeming the said Notes of Credit.) Be it therefore Enacted by the Authority aforesaid that a Poll Tax of two shillings & six pence & Poll be levied on each taxable person in this Province to be collected for the years One Thousand seven hundred and sixty one & sixty two, by the Sheriffs of the respective Counties and accounted for and paid to the Public Treasurers of the respective Districts, at such time in the same manner and under the like Penalties as is by Law directed for the Collecting, Accounting for and paying other Public Taxes.

(Provided nevertheless that if the said proportion of the said Fifty Thousand Pounds or other money sufficient to redeem the said Notes shall be received and remitted to the Public Treasurers before the said Tax for the year One Thousand Seven Hundred and Sixty One shall be due and payable, the Sheriffs shall not take receive or levy the said Taxes or either of them anything herein contained to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid that (in Case) the said Taxes shall be levied (that) the Public Treasurers shall and hereby required out of the money they shall receive on account of the same pay all such sums as shall be due on the said Notes of Credit to the Possessors of the same and

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take in the said Notes as they become payable and produce them to the Assembly to be burnt.

And be it further Enacted by the Authority aforesaid that John Starkey & Thomas Barker Esqrs Public Treasurers of this Province shall each of them on or before the Tenth day of January next give Bond with good and sufficient securitys to our Sovereign Lord the King his Heirs and Successors in the Sum of Ten Thousand Pounds Sterling for the faithful discharge of their respective Offices, which Bond shall be lodged in the Secretary's Office And in Case either of the said Treasurers shall fail to comply with the Directions of this Act in giving such Bond and Security he shall thereafter be incapable of being or Acting as a Treasurer of this Province any Law to the contrary notwithstanding. And in Case of a breach of the condition of the said Bond the same shall be put in Suit and the Damages recovered thereon be applied towards defraying the Contingent Charges of Government or to such other uses as the Governor Council and Assembly shall direct and to no other purpose whatsoever.)

These may certify that the above is a true Copy of the Bill, which was read three times in the Assembly & Passed, and was likewise read and passed twice in the Upper House of Assembly, and on reading it a third time it was put and Rejected.

No. Carolina—ss.

Test. Jno Smith Clk of the Upper House of Assembly.



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