powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
May 08, 1759 - May 18, 1759
Volume 06, Pages 95-114

[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 Eight Year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King defender of the faith and so forth and in the Year of our Lord One Thousand seven Hundred and fifty four from thence Continued by Several Prorogations and Adjournments to the Eighth day of May in the Thirty Second year of the Reign of our said Sovereign Lord the King to be held at New Bern being the Eighth Session of this Present Assembly—


Tuesday the 8th of May 1759—
Members present
Mr Speaker
Mr. John Fonville
Mr. John Starkey
Mr. Benjn Harvey
Mr. Joseph Sutton
Mr. Fras Ward
Mr. Isaac Jones
Mr. Benjn Wynns
Mr. James Davis
Mr. Richard Caswell
Mr. Joseph Bell
Mr. Thomas Smith
Mr. Jacob Blunt
Mr. Stephen Cade
Mr. Hugle Waddle
Mr. John Hardy
Mr. Wm Bartram
Mr. Wm Wyat
Mr. Michl Coutanche and
Mr. Wm Spier

Then the House adjourned till 9 o'clock tomorrow morning

-------------------- page 96 --------------------

Wednesday the 9th of May 1759— The House met according to Adjournment

Mr. William Houston one of the Members for Duplin County Appeared and took his Seat in the House

His Excellency the Governor sent a Message to the House, requiring the Immediate Attendance thereof in the Council Chamber.

The House waited on his Excellency in the Council Chamber, when his Excellency was pleased to make a Speech to this House and His Majesty's Council

The House returned and Mr. Speaker Acquainted the House that His Excellency had made a Speech to the Council and this House, a Copy of which to prevent mistakes he had obtained, which he laid before the House, together with the Copies of two letters from Mr. Secretary Pitt to his Excellency—

Ordered the said Speech be read, Read the same, and on Motion Ordered the same be Entered on the Journal of the House, and is as follows Vizt

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

I have by his Majesty's express and 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 and 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, Liberties and Possessions, of all the British Colonies on this Continent.

Our great God and Saviour; by the surprising Success of his Majesty's Arms, has opened to us a Passage to expell 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 and vigorous Measures, exerted the whole Power of Britain, at an immense Expence, to finish the War this Campaign, by driving the French from this Continent; which can only prevent our having any future Trouble or Expence from such hereditary and inveterate Enemies.

-------------------- page 97 --------------------

Gentlemen—You have it now in your Power, by raising a suitable Force to join in the present Operations whenever called for, at an Expence which will scarcely be felt by the Community, to be eased of all future extraordinary Taxes, and to secure your future Peace, Religion, Liberties, and Possessions: and secure the Friendship of all the Indians, and enjoy the Trade of this Northern Continent without a Rival

I am therefore fully convinced of your Prudence and Judgment, from the Zeal you have hitherto shown for the Rights of his Majesty 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 strenuous 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 have been at last Campaigne, in Proportion to our zeal for his Service.

I shall only add, that I shall always concur with you in every Measure which will support his Majesty's Rights and true British Liberty; and promote the Peace, Safety, Trade, and Happiness of this and all the British Colonies.

Then the House Adjourned till 9 o'clock Tomorrow morning


Thursday the 10th of May 1759 The House met acccording to Adjournment

Mr. John Campbell, one of the Members for Bertie County, Appeared, Mr. Joseph Herron, and Mr. Edward Vail, two of the Members for Chowan County, appeared, Mr. John Ashe, one of the Members for Craven County appeared, and took their Seats in the House.

Received a written Message from his Excellency the Governor by Mr. Powell, Vizt

Mr. Speaker

Having received Advice by Express from the Western Frontiers of Several Murders committed by the Indians, supposed to be Cherokees, I desire to have the Advice and Assistance of the Assembly, in what manner to protect the intimidated Inhabitants with least expence to the Province, by fixing a sufficient Patrole there immediately

-------------------- page 98 --------------------

There being a Necessity of putting such Arms as are in Store in Order, and no Fund to pay the Workmen, it will be proper to order a Payment for that Purpose, out of some particular Fund—

ARTHUR DOBBS.

10th May 1759.

Resolved—the following Message be sent to his Excellency the Governor Vizt.

Sir—In answer to your Excellencys Message in regard to the Murders Committed by the Indians on the Western Frontiers and requiring the Advice and Assistance of the Assembly, in what manner to protect the intimidated Inhabitants with least Expence to the Public; and also, regarding a Provision for the payment of Workmen, to be employed in putting such Arms as are in Store in proper Order. The House are of Opinion, that by the Act of Assembly, intituled An Act for the better regulating the Militia of this Province; and other Purposes; your Excellency is authorized to order the Militia to march against the Enemy in Case they invade or distress the Inhabitants of this Province, and hath settled the Pay of the Officers and Men, which shall be so employed and think it more for the Benefit of the Public on this Occasion, that your Excellency will please to order the Militia of the Country and those next adjoining, where the Murders were committed, to be ready and marched for the Defence of the Frontier Inhabitants, as directed by the before mentioned Act—

The House further acquaint your Excellency, they will endeavour to make Provision for the payment of Workmen to be employed to put the Arms in Store in proper Order for Service

S. S. S.

10th May 1759—By Order Wm H. Clk—

Then the House adjourned till to-morrow Morning 9 oClock—


Friday the 11th of May 1759.

The House met according to Adjournment

Mr. Wm Murfree, one of the Members for Northampton County appeared, and took his Seat in the House

On Motion, Ordered That Mr. Starkey, Mr. Ashe, Mr. Campbell, Mr. Waddle, Mr. Wynn Mr. Caswell. and Mr. Vail prepare an Address in Answer to his Excellency the Governor's Speech, and lay the same before the House for Approbation—

Mr. Fonville presented a Certificate from the County Court of Craven, recommending Richard Johnston of said County to be exempt from paying public Dues and doing public Services—

-------------------- page 99 --------------------

Ordered he be exempt accordingly

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

The House met according to Adjournment

Mr. Starkey from the Committee appointed to prepare an Address in Answer to His Excellency the Governors Speech reported that the Committee had prepared the same which he presented to the House

Ordered the same be read—The same was read And Approved of—

Resolved the same stand the Address of the House and be Entered on the Journal thereof as follows Vizt

To His Excellency Arthur Dobbs Esq, Capt General, Governor and Commander in Chief in and over the Province of North Carolina

Sir—We his Majesty's 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. The great Advantages gained last Campaign over the common Enemy in America, opens to us a prospect of future Peace and Safety, the Enjoyment of our Rights and Possessions, and getting rid of the Encroachments of the French forever hereafter on this Continent

And although we are most sensibly affected with the distressed Circumstances of many of our Constituents, who, by the unreasonable Weather last Summer, now suffer for want of Bread, and are scarcely able to pay the Burthensome Taxes, already laid on them, to raise the former Aids by us granted for his Majestys Service in prosecuting this just and necessary War: Yet willing to demonstrate our duty to the best of Kings, and Zeal for the Common Cause, we will on this critical Event, raise such further Supplies as the impoverished Circumstances of the Public will bear; trusting that the Goodness of the British Parliament, upon his Majesty's Recommendation, will induce them, in Compassion to the Indigency of our Circumstances, to make us a suitable Compensation for the Expences and Disbursements we have been at, in prosecuting the present War, in Vindication of His Majesty's just Rights and Possessions on this Continent, as we shall take care to authorize an Agent faithfully to represent the same, and produce necessary Documents thereof—

We are sensible of your Excellency's steady Regard for the Service of His Majesty, the Welfare and Prosperity of the People under your Government, and the Trade and Happiness of all his Majesty's

-------------------- page 100 --------------------
Subjects; and ardently wish that your Administration may be long and happy—

His Excellency the Governor sent a Written Message as follows—

Sir,—The Tuscarora Indians have made a Complaint to me, that one Humphrey Bates has settled on their Lands against their Will which I desire you will inquire into, That Justice may be done them I also recommend the Indians to the Consideration of your House for what Provisions and Necessaries they shall want during their stay here

ARTHUR DOBBS
To Mr. Speaker.

11th May 1759.

On Motion, Resolved, That Mr. John Fonville provide necessary Provisions for the Indians during their stay in Town and that he be reimbursed the Expence thereof by the Treasurer—

Then the House Adjourned till to Morrow Morning 8 O'clock-


Saturday the 12th of May 1759—The House met according to Adjournment

Mr. Robt Jones junr Appeared and took his seat in the House—

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

The above Gentlemen being returned Mr. Campbell reported that in obedience to the Command of the House he with Mr. Waddle had waited on his Excellency the Governor and Acquainted him the House desire to know when he will please to receive the Address thereof—

That his Excellency returned for Answer he would receive them in half an Hour in the Council Chamber

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber where 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—

The same was read, and Ordered to be Entered on the Journal of the House and is as follows Vizt

-------------------- page 101 --------------------

The just sense you have of his Majesty's Goodness and resolution of defending his just rights in America and securing the further peace and Safety and Happiness of this and the other Colonies from our Inveterate Enemies and the Hardy Zeal you have always shown in doing your utmost in the Impoverished State of this Province and readiness in doing your utmost to co-operate in the Cause of Religion and Liberty I shall faithfully lay before his Majesty and are very gratefull to me I return you thanks for your kind Acceptance of my Endeavours to serve his Majesty and to increase the Trade and Happiness of this province and all his Majestys Subjects which shall be my Constant Care—

It being Certyfyed to the House that Eighteen of the Tuscarora Indians behaved well on the Expedition against Fort Du Quesne under General Forbes Therefore On Motion—Resolved That the sum of One Hundred and five pounds proclamation Money be laid out in presents by Mr. John Campbell and given to the said eighteen Indians as and for the Bounty and reward for their Services on the said Expedition pursuant to a Message of this House to the Governor at the Close of April Session 1758—

Resolved—That the said John Campbell be repaid the said Sum out of the Surpluss 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 &c past the fourth day of May 1758 by a warrant for that purpose from his Excellency the Governor on the Treasurer of the Northern District

Resolved, the following Message be sent to the Council (Viz)

Gentlemen of His Majestys Honble Council

It being Certified to this House That the Tuscaroro 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 and five pounds be laid out in presents by Mr. John Campbell and given to the said Indians as and for a Bounty and reward for their Services on the said Expedition pursuant to a Message of this House to the Governor at the Close of April Session 1758 And that the said Mr. John Campbell be repaid the said sum out of the Surpluss 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 &c, pass the 4th day of May 1758 by a Warrant for that

-------------------- page 102 --------------------
purpose from his Excellency the Governor on the Treasurer of the Northern District

S. S. Speaker
By order
W. H. Clk

12th May 1759.

Sent the above Message to the Council by Mr. Waddle and Mr. Ashe—

Then the House adjourned till 4 oClock Afternoon.

P. M. The House met according to Adjournment

On Motion, Resolved the House Resolve into a Committee of the whole house to take into Consideration his Excellency the Governors Speech and the two letters from Mr. Secretary Pitt to his Excellency the Governor and which his Excellency was pleased to lay before this House.

The House resolved into a Committee of the whole House to Consider on the Subject matter of His Excellencys Speech and the two letters from Mr. Secretary Pitt to his Excellency and Unanimously Chose Mr. John Starkey Chairman who was placed in the Chair Accordingly.

The Committee having taken the same into Consideration came to several Resolutions which Mr. Chairman was directed to Report to the House for Approbation. Then on motion Mr. Chairman Resumed the Chair

Mr. Chairman Reported that the Committee of the whole House Appointed to Consider the Governors Speech and Mr. Secretary Pitt's two Letters to his Excellency the Governor and of ways and means for raising £6,000 to be granted to his Majesty, for augmenting the forces now in the pay of this Province; had Considered the same and came to several resolutions, as follows, Viz

Resolved—That it will be for His Majesty's Service and the Good of the Common Cause to Augment the forces now in the pay of this Province to 300 Effective men Exclusive of Officers.

Resolved—That an Aid of £6,000 be Granted to his Majesty for Augmenting the said Forces and Subsisting and paying them when Augmented.

Resolved, That the Treasurers of this Province Sign and Emitt Public Notes of Credit to the Amount of £6,000 the better to Expedite the said Service and that the Proportion of this province in the Grant of £50,000 made by his Majesty and Parliament to North and

-------------------- page 103 --------------------
South Carolina and Virginia be substituted a fund for redemption of the said Notes unless his Majesty shall be pleased to apply the same agreeable to the Address of this Assembly to his Majesty in their last Session

Resolved, That in Case the said Proportion shall be applyed Agreeable to the said Address that the said Notes be sunk by a Tax of Two Shillings and six pence p poll, to be levied for the Years 1761 and 1762 respectively.

Resolved, That an Agent be Appointed and Authorized to lay before his Majesty's Ministers, necessary Documents of the Expences this province hath been at in the Support of the Common Cause against the French and their Indian Allies.

To which Resolves the House Agreed—and on Motion ordered Mr. Robert Jones, Mr. Starkey and Mr. Campbell do prepare and bring in a Bill agreeable to the above resolves.

Received from the Council the Message sent to them this day regarding the Allowance of the Sum of One Hundred and five pounds to the Tuscarora Indians.

Endorsed In the Upper House Concurred with

Jno Smith Clk.
MATT ROWAN P. C.

12th May 1759—

Then the House Adjourned till Monday Morning 9 o'Clock.


Monday the 14th of May 1759—The House met according to Adjournment

Mr. Robert Jones from the Committee appointed to prepare and bring in a 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 in the present War—Reported that in Obedience to the order of the House of Saturday last the Committee had prepared the said Bill which he laid before the House for the Approbation thereof.

Ordered the same be read—Read the same the House Approved thereof and Ordered the same be sent to the Council

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

Mr. Ashe moved for leave to present a Bill, For raising of Money for finishing the Churches of St. James and St. Phillips in New Hanover County by a Lottery.

Ordered he have leave accordingly

Mr. Ashe presented the said Bill; and on Motion

-------------------- page 104 --------------------

Ordered, That the same be read, Read the same passed and Ordered to be sent to the Council.

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

Mr. Caswell moved for leave to bring in 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.

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

Mr. Caswell brought in the above mentioned 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. Houston.

Mr. Wynns presented a Certificate from the County Court of Bertie recommending John Ronddit of the said County to be Exempt from paying Public Duties and Taxes.

Ordered to be exempt accordingly

Mr. Bryan presented a Certificate from the County Court of Craven recommending Martin Hagan of said County to be Exempt from paying public Taxes and doing public Duties.

Ordered he be exempt accordingly

Then the House adjourned till to-morrow Morning 9 oClock


Tuesday the 15th of May 1759.

The House met according to Adjournment

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

Endorsed 14th May 1759.

In the Upper House read the first time and passed

Received from the Council 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.

And the Bill for raising Money for the finishing the Churches of St James and St Phillips in New Hanover County by a Lottery

Endorsed 14th May 1759.

In the upper House read the first time and passed

On Motion, Ordered, the Bill for raising Money for finishing the Churches of St James and St Phillips in New Hanover County by a Lottery be read the second time. Read the same a second time amended and passed.

-------------------- page 105 --------------------

On Motion, Ordered 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—be read the 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. Vail and Mr. Murphree.

On Motion, Ordered, the Bill for Granting an Aid to his Majesty &c. be read Read the same and on Motion Resolved 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. John Starkey Chairman who was placed in the Chair Accordingly.

Then the Committee ordered the said Bill be read the same was read and several Amendments were proposed thereto which Mr. Chairman was directed to report to the House.

Then on Motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had Considered the said Bill and proposed Several Amendments thereto which he was Directed to lay before the House for the Approbation thereof which said Amendments proposed by Mr. Chairman were approved of by the House and Ordered they be Incerted in the Bill. The same are Incerted accordingly and on Motion Ordered the 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.

Sent the same by [to] the Council.

On Motion, Ordered, That Mr. Campbell, Mr. Jones Junr and Mr. Vail prepare an Address to his Excellency the Governor requesting him to issue a Proclamation to discover and punish the Authors of Several Riots, Routs and unlawful Assemblies in that part of this Government within the Lord Granvills District and give a Sutiable reward out of the public Treasury to such persons as shall make a full discovery of them. And also to displace every person Concerned therein as have any Commission under his Majesty either civil or Military and render them incapable of bearing any office whatever.

Then the Housed Adjourned till 4 oClock Afternoon

P. M. The House met according to adjournment.

Mr. Campbell from the Committee appointed to prepare an Address

-------------------- page 106 --------------------
to his Excellency the Governor regarding the Riots, Routs and Unlawful Assembling of sundry Persons in this Government within the Earl Granvilles district Reported That the Committee had prepared an Address which he Presented to the House and on Motion ordered to be read, the same was read and the House approved thereof and Ordered the same be Entered on the Journal of the House, as follows—viz

To His Excellency Arthur Dobbs, Esq Captain General Governor and Commander in and over the Province of North Carolina

Sir—We his Majesty's dutiful and loyal Subjects, the Assembly of North Carolina beg leave to represent to your Excellency

That sundry Persons inhabiting in that part of this Government within Lord Granvilles Proprietary, have combined together in traitorous Conspiracies, and committed several Riots and Routs; and particularly that a number of the said Inhabitants, about the Twenty-fourth of January last, did enter the House of the Honble Francis Corbin Esq; one of the Members of his Majesty's Honourable Council, in the Night Season, and with Force, carried him about 70 or 80 miles from his Home, and held him in Duress, until he, by giving them a Bond of a most unusual Nature, procured his Releasement.

That no Measures hitherto have been taken or used to suppress the said Disorders or apprehend or punish the Authors thereof; and as this Assembly are truly sensible, that suffering such Outrages and Violations of the Laws to pass with Impunity, must tend to subvert all Rule, Order and Goverment; they request that your Excellency would be pleased immediately to issue a Proclamation, thereby requiring the Chief Justice, and others, Justices of the Supreme Courts—Justices of the County Courts, and others intrusted with the executive Power of the Law, as also, all Sheriffs, Constables, and Ministers of Justice, to exert themselves in their respective Stations, in apprehending and bringing to Justice the said Offenders, agreeable to Law, and their Demerit.

And that all and every of the said Offenders, who enjoy any Commission under his Majesty, either civil or Military, may be displaced and declared incapable thereof.

And that the said Offenders may not escape being discovered and punished; we beg leave to recommend it to your Excellency, to offer a free and gracious Pardon to any two of the said Offenders who

-------------------- page 107 --------------------
shall first make a full discovery, on Oath, to the Chief Justice, any other Justice or the Attorney General, of the Principal Persons who have been concerned in perpetrating, advising, or committing the said Crimes; and also a Reward of Twenty five pounds to each Person making such discovery; to be paid out of the Public Treasury, upon Conviction of the Offenders, or any of them.

And that the Endeavours to apprehend and bring the Authors of the said Crimes to condign Punishment may be rendered effectual, this Assembly would further humbly request, that in Case it shall be any ways needful the Officers of the respective Regiments of Militia within this province, upon Notice, may be enjoined to raise the Troops within their respective Counties or such of them as will be sufficient to assist the civil Powers Cause obedience to the Laws, and restore Peace and good Order.

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

Received from the Council the Bill for granting an Aid to his Majesty &c. Endorsed 15th May 1759—In the Upper house read the second time Amended and passed.

The Bill to Impower the Justices of Dobbs County to hear and Determine all Causes Commenced and Undetermined in Johnston County Court &c.

And the Bill for Raising Money for finishing the Churches of St. James and St. Phillips in New Hanover County by a Lottery.

Endorsed 15th May 1759. In the upper house read the second time and passed.

Then the House Adjourned till to-morrow morning Eight oClock


Wednesday the 16th of May 1759. The House met according to Adjournment.

Mr. Joseph Bell acquainted the House that Mr. Thos Lovick one of the Members for Carteret County is Dead and moved that his Excellency be desired to direct the Clerk of the Crown to Issue a Writ for Electing a Member for the said County in the room and stead of the said Mr. Thomas Lovick to sit and Vote in this present Assembly.

Resolved, a Message be sent accordingly

Sent the following Message to His Excellency the Governor Vizt

Sir—This House being informed that Mr. Thos Lovick one of the Members for Carteret County is dead—Therefore desire your

-------------------- page 108 --------------------
Excellency will be pleased to direct the Clerk of the Crown to Issue a Writ Electing a Member for the said County in the Room and stead of the said Thos Lovick Deceased to sit and vote in the present Assembly.

S. S. S.
By Order
W. H. Clk

16th May 1759

On Motion, Ordered, that the Bill to Impower the Justices of Dobbs County to hear and determine all Causes Commenced and Undetermined in Johnston County &c. be read a third time. Read the same a third time passed and Ordered to be sent to the Council

On Motion Ordered, That the Bill for raising of Money for finishing the Churches in the Parishes of St James and St Phillips in New Hanover County by a Lottery, be read the third time—Read the same a third time Amended and passed. Ordered to be sent to the Council

Sent the above Two Bills [to] the Council by Mr. Caswell and Mr. Wynn.

On motion, Ordered, that Colo Robert Murden and Mr. Edward Vail be added to Mr. John Harvey, Mr. Wm Mackay and Mr. Joseph Herron who last Session were appointed a Committee to View Fort Granville and that the said Mr. John Harvey junr, Mr. Wm Mackey, Mr. Joseph Herron, Mr. Robert Murden and Mr. Edward Vail or the Majority of them do report to the Assembly whether the Money appropriated to building the same hath been properly applyed the conveniency or inconveniency of their Scituation the Condition in which the said Forts is in and whether it will be for his Majestys Service to Continue a Garrison therein 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 Fort as placing a Garrison therein

Resolved the following Message be sent to his Excellency the Governor Vizt

Sir. In answer to your Excellencys Message relating to Humphrey Bates his keeping possession of, and Cultivating Land of the Tuscarora Indians The Assembly are to acquaint your Excellency that the Attorney General has informed that he has already Exhibited an Information against the said Bates for the said offence

And also that they have accommodated the Indians with Provisions and Necessaries agreeable to the other part of your Message.

S. S. S
By Order.
W. H. Clk.

16th May 1759
-------------------- page 109 --------------------

Sent the above Message by Mr. Harvey & Mr. Smith

On Motion, Ordered, 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 in the present War 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. Waddle and Mr. Harvey.

Received from the Council the Bill to Impower the Justices of Dobbs County to hear and determine all Causes Commenced and Undetermined in Johnston County &c. And the Bill for raising of Money for finishing the Churches of the parishes of St. James and St. Phillip in New Hanover County by a Lottery.

Endorsed 15th of May 1759. In the Upper House read the third time and passed. Ordered to be Engrossed.

Mr. Benj Harvey Informed the House that Mr. John Harvey one of the Members for Hyde County is dead and moved that a Message be sent to his Excellency the Governor to desire him to direct the Clerk of the Crown &c for electing a Member.

Sir: The House having been informed that Mr. John Harvey late Member for Hyde County is dead, that Mr. Joseph Blount and Mr. Timothy Walton two of the Members for Chowan County, Mr. Jno Brothers one of the Members for Pasquotank County Mr Wm Shergold and Mr. John Woodhouse two of the Members for Currituck County have Accepted the Office of Inspectors in the several Counties which they represent whereby by Law their Several Seats in this House are become Vacant—Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to Issue Writs to the Several Counties for Electing Members to represent the same in this present Assembly.

S. S. S.
By Order
W. H. Clk.

16th May 1759.

Then the House Adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment.

Mr. Speaker and Gentlemen 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

-------------------- page 110 --------------------
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 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 Scituation of the Bill We do not think it Consistent with his Majestys Service to pass it

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

Gentlemen of his Majestys Honble Council.

Upon reading your Message of this day relative to the Bill for Granting an Aid to his Majesty we observe that you propose to strike out all that part of the Bill which Constitutes an Agent to represent the Zeal and 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 County 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 In Answer to which we must observe That part of the Bill Consists of Several Substantial Clauses quite Independent of the other parts which grants an Aid to his Majesty and therefore Cannot either retard or Expedite his Service and we Cant Conceive why you should insist on Expunging that part of the Bill, more Especially as the same is inserted in Conformity to the Advice contained in the Letters of the Right Honble Mr. Secretary Pitt layed before the Assembly by his Excellency the Governor nor can we agree to the alteration your 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 you this House being of Opinion his Majesty's Service will be most Effectually promoted thereby

S. S. S.
By Order
Wm Herritage Clk

16th May 1759.

The above Message sent by Mr. Ashe and Mr. Smith

The House Adjourned till 9 oClock tomorrow morning


Thursday the 17th of May 1759. The House met according to Adjournment.

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

-------------------- page 111 --------------------

Mr. Speaker and Gentlemen of the Assembly.

The Companies which served upon the Ohio last year having been disbanded by Act of Assembly Upon their return into this Province and a Gratuity of £5 having been allowed to all such as should return into the province and as the most part of them upon their return through Virginia dispersed and carried off their Arms, and a very small number returned to receive that Gratuity—And as the Two small Companies in the Forts were also disbanded except a few with a Serjeant or Corporal to stay in the Forts untill they were relieved by the Two Companies to be raised for that Purpose an no Allowance being given by the Act for a Bounty to such Soldiers who should Enlist the Officers could not Compleat their Companies And as I found it for his Majestys Service to have the Companies immediately compleated upon this Pressing Emergency that they might be ready to march where Ordered—I gave Orders to the Captains to give £5 advance money out of the Pay in their Hands until the Assembly should meet, And the Assembly have granted no further supply, or Money to the Officers for such Advance Money as was and will be necessary to Compleat the Companies—I believe you will think it reasonable to allow such Soldiers who have Continued in the Service and to those who have or shall Inlist to Compleat the Companies the £5 Advance Money which I have Ordered the Captains to pay. And that I may Issue the Warrants upon the Treasurers to pay it to the Officers who have or shall Inlist them out of the Saving allowed to such Soldiers who were disbanded and out of the pay the deficient members in the Two Companies since the passing of the last Act and also to pay such men who had been kept in pay in the Forts and not disbanded Until after the passing the last Act or until relived, As I have no Power to Draw upon Money appropriated to other purposes.

ARTHUR DOBBS.

17th May 1759.

Resolved—the following Message be sent to His Excellency the Governor (Vizt)

Sir—In Answer to your Excellencys Message this day by Mr. Powell this House beg leave to acquaint your Excellency that they already have by 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

-------------------- page 112 --------------------
this Government in the present War, Allowed a Bounty of five pounds Proclamation Money as an Encouragement to each able bodied man as well already Inlisted as that shall enlist till the forces now in pay in this Province be Augmented to three Hundred Effective men Exclusive of Officers, and also allowed Twenty Shillings proclamation Money to the Officers for each man they shall enlist to Compleat the said Number, And till we know whether the said Bill will pass into a Law by the other parts of the Legislature we can only Assure you that in Case it should not, yet that nothing may be wanting on our parts to promote his Majestys Service we will agree the surplus of the Money you Mention shall be applied to the purposes you propose And at the same time we request your Excellency will direct that the Accounts of the Application of the Several Aids Granted to his Majesty by this province During the Present War be laid before the Assembly at their next Sessions that the same may be Examined and Settled and the Surplussages or deficiencys in them or any of them may appear.

S. S. S.
W. H. Clk.

17th May 1759.

Sent the above message to the Governor by Mr. Harvey and Mr. Murphree.

Then the House Adjourned till 3 oClock Afternoon.

P. M. The House met According to Adjournment

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

Mr. Speaker—The Aid Bill being laid aside in the Upper House, I must recommend to you to have a resolve passed in Concurrence with the Upper House that the Savings on the Bounty to the disbanded Soldiers be Applied towards the Bounty which I have Directed to be given to such as have or shall Inlist in the Two Companies now in pay that I may be Enabled to Issue Warrants for the same

ARTHUR DOBBS

Then the House adjourned until to-morrow Morning 7 oClock


Friday the 18th of May 1759. The House met according to Adjournment
-------------------- page 113 --------------------

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 in the last Campaign be paid the same Allowance per Diem for the Time they were so kept in Garrison as they were so Intitled to for their Service under the said Act and that there be paid out of the Surplus of the Aid of £4,000 granted to his Majesty the last Session of Assembly five pounds Proclamation Money to each able bodied Man who hath uplifted or who shall voluntarily 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 Surpluss or so much thereof as shall be necessary for the purposes aforesaid be paid out of the Public Treasury's to the proper Officer by a Warrant from his Excellency the Governor and be allowed to the said Officers in their Accounts their Producing receipts thereof from the Men.

18th May 1759.

Sent the above resolve to the Council by Mr. Caswell and Mr. Harvey for Concurrence

By Order

Wm Herritage

Received from the Council the above Resolve Endorsed 18th May 1759. In the Upper House Concurred with

MATT ROWAN P. C.

Resolved, That a Reward of £25 Proclamation Money be paid out of the Public 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 any other Justice or the Attorney General of the Principal Persons who have been concerned in the late Riots, Routs, Combinations and Traterous Conspiracies, in that Part of this province within the Right Honorable Earl Granvilles Proprietary, on the Conviction of any of the said Offenders

Resolved the above Resolve be sent to the Council for Concurrence.

Sent the above Resolve to the Council by Mr. Spier and Mr Wyatt

Received the above Resolve from the Council. Endorsed 18th May 1759. Concurred with.

MATT ROWAN, P. C.
-------------------- page 114 --------------------

Sent the Estimate of the Allowances to the Members of the Assembly, Clerk and Officers &c, of the Assembly and other Persons to the Council for Concurrence.

Received, the Estimate from the Council. Endorsed May 18th 1759. In the Upper House Concurred with

MATT ROWAN, P. C.

Received from the Council the Estimate of Allowances, Expences and Ferriages of that Board, Clerk and Officers thereof for this Session of Assembly

Resolved, this House concurr thereto.

Sent the above mentioned Estimate to the Council.

Endorsed, In the Assembly—Concurred with

His Excellency the Governor Sent a Message by Mr. Smith thereby requiring the Attendance of the House with the Engrossed Bills

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber and Mr. Speaker presented the following Bills for his Excellency 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 &c.

To which two Bills his Excellency was pleased to Assent and then made a Speech to the Assembly and Prorogued the said Assembly to the first Tuesday in October next.

Then the Members returned, and Mr. Speaker acquainted them—That he had together with the House waited on his Excellency the Governor in the Council Chamber, and presented him the Engrossed Bill for raising of Money to finish the Churches of St James and St Philips &c

And the Bill to impower the Justices of Dobbs County to hear and determine all Causes Commenced and undetermined in Johnston County Court &c to which his Excellency did Assent and made a Speech to the House in Writing a Copy whereof he requested but his Excellency was pleased to refuse the same; and further that his Excellency had prorogued this Assembly till the first Tuesday in October next and that this House is prorogued accordingly.



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