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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
May 08, 1759 - May 18, 1759
Volume 06, Pages 85-95

LEGISLATIVE JOURNALS.
[B. P. R. O. North Carolina. B. T. Vol. 30.]
North Carolina—ss.

At an Assembly begun & held at New Bern the Twelfth day of December in the Year of Our Lord One Thousand seven Hundred & Fifty Four, and in the Twenty Eight Year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain, France, & Ireland King Defender of the Faith etc. and continued from thence by several Prorogations & Adjournments to Tuesday the Eight day of May in the Year of Our Lord One Thousand seven Hundred and Fifty Nine at New Bern being the Eight Session of this present Assembly.

In the Upper House
Present
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr &
The Honble Richd Spaight Esqr

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


Wednesday 9th of May 1759. The House met according to Adjournment.
-------------------- page 86 --------------------
Present
The Honble James Innes Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr &
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr

His Excellency the Governor came to House & sent a Messenger to the Assembly & commanded their Immediate Attendance. Whereupon the Speaker attended by the Assembly waited on His Excellency in the Council Chamber where he was pleased to make to both Houses the following Speech.

Gentn of His Majesty's Council, Mr. Speaker & Gent of the Assembly.

I have by His Majesty's Express & repeated Orders communicated to me by Mr. Secretary Pitt, called you together at the shortest notice possible to lay His Orders before you, that you would exert your utmost force at this Critical Period, when the Divine Providence has so manifestly appeared in favour of the true Protestant Christian Church, & Cause of Liberty.

The Critical and I hope I may say the happy moment is arrived which is to determine the fate of the British Empire in America, and the future Peace, safety, Liberty's and Possessions of all the British Colonies on this Contint

Our great God and Saviour by the surprising success of His Majesty's Arms has open'd to us a Passage, to expel our inveterate & insatiable Enemies from this Northern Continent, provided we follow the Stroke, and with suitable Zeal, alacrity and dispatch, exert our force in Conjunction with the regular Troops. His Majesty having by his wise Councils & Vigorous measures exerted the whole power of Britain an immense Expence to finish the War this Campaign by driving the French from this Continent which can only prevent our having any further trouble or Expence from such Hereditary & inveterate Enemies.

Gentm—You have it now in your Power by raising a suitable Force, to join in the present Operations wherever called for at an expence which will scarcely be felt by the Community, to be eased of all future extraordinary Taxes to secure your future peace, Religion, Liberties & Possessions & secure the friendship of all the Indians & enjoy the Trade of this Northern Continent without a Rival

I am therefore fully convinced of your Prudence & Judgment, from the zeal you have hitherto shown for the Rights of His Majesty

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on this Continent, that you will exert your force at this Critical moment, which if delayed is never to be retrieved.

I shall therefore lay Mr. Secretary Pitt's Letters to me before you in his most streneous words to be the spring of your movement, by which you will find his Majesty's Goodness, in promising to recommend to his Parliament next Session, a Compensation for the Expence we shall be at, as well as what we have been at last Campaign in proportion to our Zeal for his Service.

I shall only add, that I shall always concurr with you in every measure, which will support His Majesty's Rights & true British Liberty, and promote the Peace safety Trade & happiness of this and all the British Colonies.

This House took under their Consideration His Excellency's Speech, and ordered the same to be read, which was accordingly done, and the Honble John Rieussett and Richard Spaight Esqrs were appointed a Committee to prepare an Address to His Excellency.

His Excellency the Governor laid before this House, the Right Honble Mr. Secretary Pitt's Letters of the Ninth and Twenty Ninth of December last which were ordered to be read; Read the same accordingly, Ordered that the Clerk make Copy's thereof & file them in his office.

Then the House adjourned till 3 o'Clock P. M.

The House met according to adjournment.

Present as before

Then the House Adjourn'd till to morrow morning 9 o'Clock.


Thursday 10th of May 1759. The House met according to Adjournment.
Present
The Honble James Innes Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr &
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr

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

P. M. The House met according to adjournment.

Present
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr
-------------------- page 88 --------------------

The Committee appointed by this House to draw up an Address in Answer to His Excellency the Governor's Speech reported they had prepared the same which was Ordered to be Read, the same was read, approved of, and resolved that the same stand the Address of this House, and be entered on the Journal thereof as follows. vizt

Sir,

Please to accept the thanks of His Majesty's ever Dutiful and Loyal Subjects the Members of His Council for your Excellency's Speech at the commencement of this Session.

We are highly sensible of the Divine favour so eminently manifested by the great success of His Majesty's Arms during the last Campaign, which we hope will be furthur extended to us, so as to be soon productive of that greatest of Blessings a safe and Honourable Peace, securing to us & our Posterity, our Holy Religion, Liberties & Properties. His Majestys wise and Paternal Care of his American Dominions, & the Prodigious exertions of the Power of our Mother Country in their Defence appears in a very conspicuous light to us. We should therefore make but an ungrateful return, did we not at this Important Period, do all that lay in our Power to cooperate with those measures calculated to secure our future safety & happiness. We shall therefore cheerfully join with the other House in doing whatever we are able to procure those desirable Ends.

His Majestys gracious Assurances signified by his great and wise Minister the Honble Mr. Secretary Pitt of recommending to His Parliament a compensation for the Expences we were at last and shall be this Campaign is a further Instance of His Royal goodness, & claims our gratefullest acknowledgements.

As well know your Excellency's sentiments regarding his Majestys Rights, and the invaluable Blessings of British Liberty, we shall only say that to the extent of our Abilities we shall ever endeavour to procure those Advantage we are sensible you so ardently wish to this, and all the other British Colonies.

Then the House adjourn'd till to-morrow morning 9 o'clock.


Friday 11th of May 1759. The House met according to Adjournment.
-------------------- page 89 --------------------
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr

Ordered that the Honble Lewis DeRossett & Richd Spaight Esqrs wait on His Excellency the Governor, & 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 Gentn returned, and the Honble Lewis De Rossett reported, that in obedience to the Command of the House he with the Honble Richard Spaight Esqre 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 their Attendance at 4 o'clock this afternoon.

Then the House adjourn'd till 4 o'clock in the Afternoon.

The House met according to Adjournment. Present as before

The House waited upon His Excellency the Governor, & by the Honble Mathew Rowan Esqre presented him with the Address thereof, to which His Excellency was pleased to make the following Answer.

The grateful sense you express of His Majesty's Paternal Care of these Provinces by the great Expence he has been at in defending and securing the future peace of these Provinces, and for the favours so manifestly testified to us by the kind hand of Providence, and your steady zeal in concurring in all proper Measures for co-operating with His Majesty's Troops is Very Acceptable to me, and a proof of your Duty to the best of Kings and Constant Care for the future peace and safety of this Province, and His Majesty's Rights in America.

Then the House adjourn'd till to-morrow morning 9 o'clock.


Saturday 12th of May 1759.

The House met according to Adjournment.

Present
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr &
The Honble John Swann Esqr
The Honble Richard Spaight Esqr

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment. Present as before.

Received from the Assembly by Mr. John Ashe & Major Waddle the following Message & Resolve.

-------------------- page 90 --------------------

Gentn of His Majesty's Honble Council,

It being Certified to this House that the Tuscorora Indians who went on the Expedition against Fort Du Quesne under the command of General Forbes, behaved well on that Expedition, This House therefore have resolved that the sum of One Hundred & Five Pounds be laid out in Presents by Mr. John Campbell and given to the said Indians as and for a Bounty & Reward for their Services, on the said Expedition, Persuant to a Message of this House to the Governor at the close of April Session 1758. And that the said John Campbell be repaid the said sum out of the surplus of the aid granted to his Majesty by an Act for granting an aid to his Majesty for augmenting the Troops now in the pay of this Province etc (passed the fourth day of May 1758) by a warrant for that purpose from His Excellency the Governor, on the Treasurer of the Northern District.

SAM SWANN Speaker

12th of May 1759.

On Motion, Ordered the above resolve be read, read the same accordingly, & was concurred to. Then the House adjourned till Monday morning 9 o'clock.


Monday 14th of May 1759.

The House met according to Adjournment.

Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr &
The Honble John Swann Esqr
The Honble Richd Spaight Esqr

Received from the Assembly by Mr. Waddle & Mr. Ashe a Bill for granting an Aid to His Majesty to augment the Troops now in the pay of this Province, And to appoint an Agent to lay before His Majesty proper Documents of the Service rendered by this Government in the present War. A Bill for raising Money for finishing the Church of St James and St Philip in New Hanover County by a Lottery. And a Bill to impower the Justices of Dobbs County to hear and determine all Causes commenced and undetermined in Johnston County Court, before the division of the said County.

On Motion, Ordered the said Bill be read, read the said Bill the first time and passed.

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

-------------------- page 91 --------------------

Tuesday 15th of May 1759.

The House met according to Adjournment.

Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr &
The Honble John Swann Esqr
The Honble Richd Spaight Esqr

The House adjourned till 3 o'clock in the Afternoon.

The House met according to Adjournment.

Present as before

Received from the Assembly a Bill for granting an Aid to His Majesty etc.

A Bill for raising money for finishing the Church of St James and St Philips etc. and

A Bill to impower the Justices of Dobbs County to hear & determine all Causes etc by Mr. Vail & Mr. Murphey.

On motion Ordered the Bill for granting an Aid to His Majesty be read.

Read the same the second time, Amended & passed.

On motion: Ordered the Bill for raising money for finishing the Churches of St James & St Philips etc be read.

Read the same the second time and passed.

On motion Ordered the Bill to impower the Justices of Dobbs County to hear & determine all Causes etc be read.

Read the same the second time and passed.

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


Wednesday 16th of May 1759. The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr &
The Honble John Swann Esqr
The Honble Richd Spaight Esqr

Received from the Assembly by Mr. Caswell & Mr. Wynne, A Bill for raising money for finishing the Churches of St James and St Philips etc. And a bill to impower the Justices of Dobbs County to hear and determine all Causes etc

On motion Ordered the said Bills be read, Read both the said Bills the third time and passed, Ordered to be Engrossed.

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

-------------------- page 92 --------------------

The House met according to adjournment.

Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr

Received from the Assembly by

A Bill for granting an Aid to His Majesty etc. On motion Ordered the said Bill be read. Read the same the third time. Ordered the following Message be sent to the Assembly

Mr. Speaker and Gentn of the Assembly.

On reading a third time the Bill “for granting an Aid to His Majesty, to augment the Troops now in the pay of this Province, and appointing an Agent to lay before his Majesty, proper Documents of the service rendered by this Government.” We observe you have Stet ed all those Clauses which we yesterday Dele d We therefore propose that the Bill be put upon the same footing we sent it last down to you, to which if your House agree please to send such of your Members as you shall think proper to see the Alterations made accordingly. For in the present situation of the Bill, we do not think it consistant with His Majesty's Service to pass it.

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


Thursday 17th May 1759. The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr

Received from the Assembly the following Message. Vizt

Gentm of His Majesties Honble Council.

Upon reading of your Message of this Day relative to the Bill for granting an Aid to His Majesty etc We observe that you propose to strike out all that part of the Bill which constitutes an Agent to represent the Zeal & Loyalty of the Subjects of North Carolina to his Majesty, and to lay before him and his Ministers proper Documents of the service rendered by this Country in the present War, and say, that you do not think it will be for His Majesty's Service to pass the Bill unless that is done.

-------------------- page 93 --------------------

In answer to which we must observe, that part of the Bill consists of several Substantial Clauses quite independent of the other parts which grant an Aid to his Majesty and therefore cannot either retard or Expedite his Service, and we can't conceive why you should insist on Expunging that part of the Bill more especially as the same is incerted in conformity to the advice contained in the Letters of the Right Honble Mr. Secretary Pitt laid before the Assembly by His Excellency the Governor, nor can we agree to the Alterations you propose as we conceive should we so do, we should be wanting in the discharge of the Trust reposed in us by our Constituents, And hope you will pass the Bill as it was sent to you, this House being of Opinion His Majesty's Service will be most effectually promoted thereby

SAM SWANN Speaker.

16th of May 1759.

On reading the above said Message, it was Ordered, that the Bill for granting an Aid to His Majesty etc be reassumed. The same was reassumed and put, and was rejected.

Then the House adjourned till 3 o'clock in the Afternoon

The House met according to Adjournment.

Present as before

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


Friday 18th of May 1759.
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr and
The Honble John Swann Esqr
The Honble Richard Spaight Esqr

Received from the Assembly the following Resolve. Vizt

Gentn of His Majesty's Honble Council.

Resolved, That the Officers and men who were kept in Garrison in the Forts Johnston and Granville after the Expiration of the Act for granting an Aid to His Majesty for augmenting the Troops of this Province to serve the last Campaign be paid the same Allowance per Diem for the time they were so kept in Garrison as they were intituled to for their service under the said Act of £4000 granted to His Majesty the last Session of Assembly five Pounds Proc: Money to each able bodied man who hath inlisted or who shall voluntarily

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inlist to serve his Majesty in either of the Companies by Law now directed to be employed in Garrisoning the said Forts, and that the said surplus or so much thereof as shall be necessary for the purposes aforesaid be paid out of the publick Treasuries to the proper Officers by a Warrant from his Excellency the Governor, and be allowed to the said Officers in their accounts on their producing receipts thereof from the Men To which desire your Honours Concurrence

SAM SWANN Speaker.

18th May 1759.

On Motion. Ordered the above Resolve be Read.

The same was accordingly read and concurred with.

Received from the Assembly the following Resolve Vizt

Gentn of His Majesties Honble Council

This House have resolved that a reward of Twenty Five Pounds be paid out of the Publick Treasury by a Warrant from His Excellency the Governor to each of the two Persons, who shall first make a full discovery on Oath to the Chief Justice or the Attorney General of the Principal Persons who have been concerned in the late Riots, Combinations, and Traiterous Conspiracies in that part of this Province within the Right Honble Earle Granville's Proprietory, on the condition of any of the said offenders. To which desire your Honor's Concurrence.

SAM SWANN Speaker

18th May 1759.

On Motion, Ordered the above Resolve be read. Read the same accordingly and was concurred with.

Received from the Assembly the Estimate of Allowances Expences and Ferriages of that House (for this Session of Assembly) for Concurrence, to which this House concurred.

Sent to the Assembly the Estimate of the Allowances to the Members of this House, Clerk, Officers, etc for Concurrence.

Received the said Estimate from the Assembly, Endorsed 18th May 1759. In the Assembly concurred with.

SAMl SWANN Speaker

His Excellency the Governor came to this House and commanded the immediate Attendance of the Assembly Whereupon the Speaker

-------------------- page 95 --------------------
Attended by the Assembly waited on His Excellency in the Council Chamber and presented him the following Bill for his Assent, to wit. The Bill for raising of money for finishing the Churches of St James and St Philips in New Hanover County, by a Lottery.

The Bill to impower the Justices of Dobbs County to hear and determine all Causes commenced and undetermined in Johnston County Court before the Division of the said County.

To which His Excellency was pleased to assent and then made a Speech to the Assembly, and prorogued them to the First Tuesday in October next.

True Copy

Jno SMITH
Clk of the Upper House of Assembly.



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