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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
November 23, 1759 - December 31, 1759
Volume 06, Pages 115-132

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

At an Assembly begun and 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 etc. King Defender of the Faith etc, and continued from thence by several Prorogations & Adjuornments to the Twenty third day of November in the Thirty Third Year of the reign of our said Lord the King to be then held at Wilmington being the ninth Session of this present Assembly.

In the Upper House
Present.
The Honble Mathew Rowan Esqr
The Honble John Swann Esqr
The Honble Lewis DeRossett Esqr
The Honble John Rieussett Esqr &
The Honble Richard Spaight Esqr

His Excellency the Governor came to this House, & sent a Messenger to the Assembly commanding 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 & Gentn of the Assembly.

The surprising and glorious success of his Majesty's Arms by the merciful Dispensation of Divine Providence, by inspiring his Majesty & his Council with Wisdom, Unanimity & Intrepidity & his Allies, Fleets & Armies with Courage in Defence of our Holy Religion & Cause of Liberty, has so manifestly appeared these two Years in delivering Europe & these Provinces in particular from a dreadful and cruel Enemy; that the supplies required for the Aid of the Northern Provinces are no longer necessary, but as the war may probably continue until we have a safe & honourable peace by driving the French from this Continent, receiving their Marine & as a dangerous War may break out with the Cherokees which by our late success, & the vigorous measures entered into by this the Neighbouring Provinces will I hope be prevented. I must still recommend to you the keeping on foot the Two Companies now on pay to defend the Forts on the Sea Coast & back Settlements, & to provide for the necessary Expence already incurred for raising & marching the frontier Militia to join the forces of South Carolina to procure

-------------------- page 116 --------------------
satisfaction for the Depradations & Murders committed by the Indians & for future Contingencies.

His Majesty in Council having repealed seven Acts passed in this Province which I shall lay before you, particularly the Acts for Establishing the Supreme & County Courts & for the appointing Parishes & Vestries it will be necessary for you to enact new Laws without the Clauses objected to, in such a manner as may be for the General benefit of this Province, & the Establishment of our Holy Religion against prevailing Sectaries, & as I hope the great Expences this Province has been at will be over in another Campaign, I must also recommend to you the making a Provision for schools to educate the youth and rising Generation of this Province, I am also instructed to lay before you the state of our Paper Currency & the great discount it is now under, & how much the Trade & Credit of this Province suffers by the Injustice to Creditors in Brittain & this Province by paying off English Debts, & Bills in our Paper Currency at 33⅓ when the real discount is now from 70 to 90 per: cent: to sterling money, this if not rectified must end in the loss of the credit of this Province, & the ruin of Trade. You will also consider the loss which the poor must suffer by the torn and worn out Bills which should be called in & exchanged for others of equal value which should be issued for that purpose only.

Gentn of the Assembly

I have nothing further to ask from you at present, but what you will judge necessary for your own Defence & future safety, & whatever sum you think proper to raise for the benefit of Trade & Improvement of the Province.

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

As the future peace & Welfare of this Province will depend upon the Union & Harmony of the several parts of this Province, & branches of the Legislature, I therefore recommend to you, that in these Bills now necessary to be enacted & amended, that you will consider the future general good of this increasing Colony that a perfect harmony may be preserved, Which I shall to the utmost of my Power and Capacity promote by uniting His Majesties just Prorogative with the Rights and Liberties of the People.

The House took under Consideration His Excellency's Speech, & ordered the same to be read, which was accordingly done.

-------------------- page 117 --------------------

And the Honble Lewis De Rossett and John Rieussett Esqrs were appointed a Committee to prepare an Address to His Excellency.

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 9 o'clock to-morrow morning.

Saturday 24th November 1759. The House met according to Adjournment.

Present as before.

Then the House adjourned till Monday 3 o'clock in the Aftern


Monday 26th November 1759. The House met according to Adjournment.
Present.
The Honble James Hasell 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 laid before this House the 11th Article of His Majesty's Instructions to him, which on motion was ordered to be read, the same being read was ordered to be entered on the Journal as follows.

And whereas we are sensible that effectual Care ought to be taken to oblige the Members of our said Council to a due Attendance therein in order to prevent the many inconveniences that may happen for want of a Quorum of the Council to transact business as occasion may require. It is our Will & Pleasure that if any of the Members of our said Council residing in the Province shall hereafter absent themselves from our Province & continue absent for above the space of Twelve months together without leave from you or from our Governor or Commander in Chief of our said Province for the time being first obtained under your or his hand & seal, or shall remain absent for the space of two Years successively without our leave given them under our Royal sign Manual their Place or Places in our said Council shall immediately thereupon become void, and that if any of the Members of our said Council residing in our said Province shall wilfully absent themselves hereafter from the Council Board when duly summoned without a just & lawfull Cause, & shall persist therein after Admonition you suspend the said Councillors so absenting themselves till our further pleasure be known

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giving timely notice thereof to our Commissioners for Trade & Plantations in order to be laid before us. And we do hereby Will & require you that this our Royal Pleasure be signified to the several Members of our said Council; And that it be entered in the Council Books of our said Province as a Standing Rule.

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


Tuesday 27th November 1759. The House met according to Adjournment.

Present as before.

The Committee appointed by this House to draw up an Address in Answer to His Excellency'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, & be entered on the Journal thereof, as follows, Vizt

Sir—We the Members of his Majesty's Council now met in General Assembly return your Excellency our thanks for your Speech at the Commencement of this Session.

We are highly sensible of the gracious interposition of Providence in directing his Majesty's Council's supporting his Allies, and conducting his Fleets & Armies in the glorious Conquests they have made during the Course of these two last years. Those successes with the prudent Measures that have been taken by this & the adjoining Provinces, we hope will prevent a rupture with the Cherokee Indians, and that in due time a lasting and Honourable Peace may Crown all those Blessings.

We however assure your Excellency, that we will willingly concurr with the other House in granting whatever supplies shall be judged expedient for the protection of the Province in its present situation.

We will also contribute our part to Enact such Laws in lieu of those repealed by His Majesty, as will be for the advantage of the Province & not liable to the objections made to the former ones, & in all other matters recommended by your Excellency or that may occur for the good of the Province will cheerfully join with the other Branches of the Legislature, & to the utmost of our Power endeavour to preserve that Union & Harmony which your Excellency's Example so much recommends & which is so essential to the happiness & prosperity of the Province.

Received from the Assembly by Mr. Harnett & Mr. Ashe the following Message:

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Gentn of His Majesty's Honble Council.

This House have appointed Mr. John Harvey, Mr. George Moore, Mr. Benjamin Harvey, Mr. Joseph Harrow, Mr. Michael Coutanch, Mr. Cornelius Harnett & Mr. Maurice Moore a Committee of this House to state and settle the Public Accounts; and Mr. Starkey, Mr. Ash, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. Mackay, Mr. Wynns, a Committee of this House to settle & allow Public Claims in conjunction with such of your Honrs as you shall think proper to appoint for those purposes.

SAMl SWANN Speaker.

On motion. Ordered the following Message be sent to the Assembly, Vizt

Mr. Speaker & Gentn of the Assembly

In Answer to your Message relative to the Committees, we have appointed the Honble James Hasell & John Rieussett Esqrs a Committee of this House to state and settle the Public Accounts, and the Honble John Swann & Richard Spaight Esqrs a Committee of this House to settle & allow Public Claims.

Received from His Excellency the Governor the following Message, Vizt

Gentn of His Majesty's Council

Having received by an Express from Col. Waddel a Letter sent to him by Governor Littleton & a letter acquainting me that the Militia refuse to march against the Cherokee's under pretence that it is out of this Province, & by the Law they are not obliged to march out of their Province. I therefore send you the several letters & Papers sent to me, & as there is no time to be lost hope you will immediately pass some resolutions thereupon & pass a short Bill to explain & enforce the Militia Law & to oblige the Militia to Act when ordered for the Publick good & defence of the Province & to procure satisfaction for the depradations of hostile Indians.

ARTHUR DOBBS.

26th November 1759.

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.

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Wednesday 28th November 1759. The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Hasell Esqr
The Honble John Rieussett Esqr
The Honble John Swann Esqr
The Honble Richard Spaight Esqr

Received from the Assembly by Mr. Vail, Mr. Churton, a Bill to Amend & Continue an Act entituled An Act for the better Regulation of the Militia & for other Purposes.

On motion, Ordered the said Bill be read. Read the same the first time & passed.

Ordered that the Honble Richard Spaight Esqr 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 & where he will receive it.

The above Gentn returned & reported. That in Obedience to the Command of the House, he had waited on his Excellency & acquainted him the House desire to know, when he will receive the Address of the House [His Excellency was pleased to reply] in the Council Chamber at 11 o'clock this forenoon.

The House waited on His Excellency & 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 have of the Merciful Interpositions of Divine Providence in favour of His Majesty's Arms & the Assurances you give in concurring in all Measures for the future safety of this Province, & in re-enacting & amending such Laws as have been objected to, & repealed by His Majesty, and also in promoting Unity & Harmony in the Province, are what your zeal for His Majesty and Public service have always testified and are very agreable to me.

Received from the Assembly by Mr. Ashe & Mr. Johnston, A Bill to amend and continue an Act intituled An Act for the better regulation of the Militia and for other purposes.

On motion. Ordered the said Bill be read. Read the same the second time & passed.

Received from the Assembly by Mr. Harvey & Mr. Harnett A Bill to amend and continue an Act, intituled An Act for the better regulation of the Militia & for other purposes.

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On motion. Ordered the said Bill be read Read the same the third time & passed, ordered to be Engrossed.

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

The House met according to Adjournment.

Present as before.

His Excellency the Governor came to this House, & sent a Messenger to the Assembly commanding the immediate attendance in the Council Chamber. Whereupon the Speaker attended by the House waited on his Excellency & presented him with the following Bill. Vizt

A Bill to amend and continue an Act intituled an Act for the better Regulation of the Military & other Purposes. To which he was pleased to Assent.

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


Thursday 29th November 1759. The House met according to Adjournment.

Present as before.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Major Harold & Col. Taylor the following resolve.

Gentn of His Majesty's Honble Council.

This House have resolved That the several Sums following to wit £192.3.3 (being the Ballance of £500 appropriated for building a Fort at Bear Inlet) in the hands of John Starkey Esqre & £186.6.8 being the Ballance of £1873.13.5½ in the hands of the Honble Richard Spaight Esqre as by the report of the Committee of Accounts at November Session of Assembly in Edenton appears, On this present emergency be borrowed & deposited in the hands of Col. Hugh Waddle towards payment of the Militia of this Province under his Command, And that the same be replaced out of the neat [next] aid that shall be granted to His Majesty for payment of the Militia of this Province to be raised for the service thereof. To which desire your Honor's Concurrence.

SAMl SWANN Speaker.

29th November 1759.
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Which resolve on Motion was read, & concurred with.

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


Friday 30th November 1759. The House met according to Adjournment.

Present as before.

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


Saturday 1st December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Churton & Mr. Harris, A Bill for establishing a Town on the Land formerly granted to Mr. Churton Gentn lying on the North side of the River Enae in the County of Orange.

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


Monday 3d December 1759. The House met according to Adjournment.

Present as before.

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


Tuesday 4th December 1759. The House met according to Adjournment.

Present as before.

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


Wednesday 5th December 1759. The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble John Dawson Esqr
The Honble Lewis DeRossett Esqr
The Honble John Rieussett Esqr &
The Honble Richd Spaight Esqr

Received from the Assembly by Col. Harvey & Mr. Gray A Bill for the better management & Security of Orphans & their Eestates.

Received from the Assembly by Major Harvey & Col. Taylor, A Bill to establish inferior Courts of Pleas & Quarter Sessions in the several Counties in this Province; And a Bill for establishing Superior Courts of Pleas, and grand Sessions & regulating the proceedings therein.

On motion. Ordered the said Bills be read The said Bills [were read] the first time & passed.

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Received from the Assembly by Mr. Houston & Mr. Fonvielle a Bill directing the Method of appointing Jurymen in all Causes Criminal & Civil.

On motion. Ordered the Bill for Establishing a Town on the Land formerly granted to Mr. Churton Gentn etc be read, Read the same the first time & Passed.

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


Thursday 6th December 1759. The House met according to adjournment.

Present as before.

On Motion. Ordered the Bill for the better Management and Security of Orphans and their Estates. And a Bill directing the Method of appointing Jury-Men in all Causes Criminal & Civil be read. Read the same Bills the first time & passed.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Bartram & Mr. Wynne A Bill to establish the Vestry of the several Parishes of this Province last chosen agreable to a late Act of Assembly & to direct the method of electing future Vestries to provide for an Orthodox Clergy & for settling Parish Accounts.

On Motion. Ordered the said bill be read. Read the same the first time & Passed.

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


Friday 7th December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Caswell & Mr. Davis, A Bill to establish Warehouses for the Inspection of Tobacco in the County of Dobbs.

On Motion. Ordered the said Bill be read, Read the same the first time & passed.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Ashe & Mr. Mackay the folfollowing Resolve.

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Gentn of His Majestys Honble Council.

This House on reading the Petition of Elizabeth Chapel herewith sent you, have Resolved, That the sum of Twenty Pounds Proc. Money be paid by the Public Treasurer into the hands of the Honble Mathew Rowan Esqre for the use of the said Elizabeth Chapel out of the Money paid into the Treasury for defraying the Charges of Government. To which desire your Honors Concurrence.

SAMl SWANN Speaker.

7th December 1759.

Received from the Assembly by Mr. Moore & Mr. Ashe A Bill to enable Mr. Dry Esqre to finish Fort Johnston at the mouth of Cape Fear River.

On Motion. Ordered the said Bill be read. Read the same the first time, & Ordered it lie on the Table till Wednesday next, and that Mr. Dry have notice thereof in order to lay his Accounts before this House.

Received from the Assembly by Mr. Smith & Mr. Ward A Bill directing the Method to be taken with Strays etc. On motion, Ordered the said Bill be read. Read the same the first time & passed.

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


Saturday 8th December 1759. The House met according to Adjournment.

Present as before.

Then the House Adjourned till Monday 3 o'Clock in the Afternoon.


Monday 10th December 1759. The House met according to Adjournment.
Present
The Honble Mathew Rowan Esqr
The Honble Dewis DeRossett Esqr
The Honble James Hasell Esqr
The Honble John Rieussett Esqr &
The Honble John Dawson Esqr
The Honble Richd Spaight Esqr

Received from the Assembly by Mr. Harris & Mr. Jones, A Bill for dividing Granville County & other Purposes. And the following resolve.

Gentn of His Majesty's Honble Council.

This House having resolved that the Forces now in pay of this Province, and the Militia thereof not exceeding Five Hundred to be raised

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by order of the Governor & Council in Virtue of the Assembly of this Province passed the 28th day of November last to join the Forces of South Carolina now under the Command of Governor Littleton be kept in pay until the 10th day of Febry next if his Majesty's Service so long require it, Desire your Honor's Concurrence thereto.

SAMl SWANN Speaker

10th December 1759.

On Motion, Ordered the said Resolve be concurred with.

On Motion.—Ordered the Bill for dividing Granville County etc be read. Read the same the First time & Passed.

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


Tuesday 11th December 1759. The House met according to Adjournment.

Present as before.

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


Wednesday 12thth December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Harvey & Mr. Vail, a Bill for dividing Granville County & other Purposes, & a Bill for granting an aid to his Majesty for paying & subsisting the Forces and Militia now in the pay of this Province & for other Purposes.

On Motion.—Ordered the Bill to Enable Mr. Dry Esqre to finish Fort Johnston etc be read. Read the same the first time. Amended & passed.

On Motion. Ordered the Bill for granting an Aid to his Majesty etc be read, Read the same the first time & Passed.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Harris & Mr. Jones, a Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs. Also by Mr. Mackay & Mr. Bell a Bill for establishing superior Courts of Common Pleas & Grand Sessions & regulating the Proceedings therein.

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

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Thursday 13th December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Mackay & Mr. Wynne, a Bill to enable Mr. Dry Esqre to finish Fort Johnston etc

On Motion. Ordered the Bill for Establishing Superior Courts of Pleas and Grand Sessions etc be read. Read the same the second time and Rejected.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Gray and Mr. Churton, a Bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, and a Bill to impower Lawrence Thompson his Heirs etc to collect the 2 shillings tax etc.

On Motion. Ordered the bill to impower Lawrence Thompson his Heirs etc. to Collect the two shillings Tax etc be read. Read the same the first time & passed.

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


Friday 14th December 1759. The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis DeRossett Esqr
The Honble James Hasell Esqr &
The Honble John Dawson Esqr
The Honble Richard Spaight Esqr

Received from the Assembly by Mr. Gray & Mr. Churton. a Bill for establishing a Town on the Land formerly granted to Mr. Churton Gentn lying on the North side of the River Enoe etc.

On motion. Ordered the said Bill be read. Read the same the second time amended & Passed.

On motion. Ordered the Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs, be read. Read the same the second time & passed.

On motion. Ordered the Bill for dividing Granville County etc be read. Read the same the second time & rejected.

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

The House met according to adjournment.

Present as Above.

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

-------------------- page 127 --------------------

Saturday 15th December 1759. The House met according to Adjournment.

Present as before.

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


Monday 17th December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Churton & Mr. Gray a Bill for Establishing a Town on the Land formerly granted to Mr. Churton Gentn etc and a Bill to impower Lawrence Thompson his Heirs etc to collect the two shillings Tax.

Received from the Assembly by Mr. Wyal & Mr. Spruel a Bill to Establish the Vestry of the several Parishes of this Province etc and by Mr. Caswell & Mr. Vail a Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs etc. And by Mr. Fonvielle & Mr. Barrow the following Resolve.

Gentn of His Majesty's Honble Council.

This House have resolved that Mr. Cornelius Harnett provide necessary Provisions & Drink for the Tuscarora Indians now in Town during their stay, and that the Publick Treasurer repay him such money he shall so advance, and be allowed the same on passing his Accts with the Public. To which desire your Honor's Concurrence.

SAMl SWANN Speaker.

On motion. Ordered the above resolve be concurred with.

On motion. Ordered the Bill to impower Lawrence Thompson his Heirs etc to collect the two shillings Tax etc be read. Read the same the second time & passed.

On motion. Ordered the Bill for Establishing a Town on the Land formerly granted to Wm Churton Gentn etc be read. Read the same the third time & passed. Ordered to be Engrossed.

On motion. Ordered the Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs etc be read. Read the same the third time & passed. Ordered to be Engrossed.

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


Tuesday 18th December 1759. The House met according to Adjournment.
-------------------- page 128 --------------------

Present as before.

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


Wednesday 19th December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Coutanch & Mr. Harvey a Bill for erecting part of Chowan, Bertie & Northampton into a County & Parish and a Bill to enable the Commissionrs of Port Bath & Port Beaufort to amend the Navigation & for other Purposes.

On motion. Ordered the said Bills be read. Read the said Bills the first time & Passed.

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 9 o'Clock to-morrow morning.


Thursday 20th December 1759. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Coutanch & Mr. Gray, a Bill to impower Lawrence Thompson his Heirs etc to collect the two shillings Tax etc. A Bill to enable the Commissioners of Port Bath & Port Beaufort to amend the Navigation etc. And a Bill directing the Method to be taken with Strays etc. And by Mr. Caswell & Mr. Johnston a Bill for Establishing a Court of Kings Bench, Court of Common Pleas, & Courts of Oyer & Terminer & General Goal Delivery for the Province of North Carolina.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Wynne and Mr. Vail, a Bill for enlarging the time allowed for saving Lots in the Town of Halifax preventing the Building of Wooden Chimneys therein & other purposes. And a Bill for Erecting part of the Counties of Chowan, Bertie & Northampton into a County and Parish. Also by Mr. Churton & Mr. Johnston, a Bill for adjourning the County Court of Edgecombe and other Purposes.

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

-------------------- page 129 --------------------

Friday 21st December 1759. The House met according to Adjournment.

Present as before.

On motion. Ordered the Bill for Establishing a Court of Kings Bench, Courts of Comon Pleas, etc be read; Read the same the first time, amended & Passed.

On motion. Ordered the Bill to impower Lawrence Thompson his Heirs etc to collect the two shillings Tax etc be read. Read the same the third time & Passed. Ordered to be Engrossed.

On Motion. Ordered the Bill to enable the Commissioners of Port Bath etc be read. Read the same the second time and Passed.

On motion. Ordered the Bill for enlarging the time allowed for saving Lots in the Town of Halifax etc be read; Read the same the first time & passed.

On motion. Ordered the Bill for erecting part of the Counties of Chowan, Bertie & Northampton into a County and Parish etc be read. Read the same the second time. Amended and passed.

On Motion. Ordered the Bill directing the Method to be taken with Strays be read. Read the same the second time Ordered it lie on the Table for further Consideration.

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 9 o'clock to-morrow morning.


Saturday 22nd December 1759. The House met according to Adjournment.

Present as before.

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

Monday 24th December 1759. The Honble Lewis De Rossett Esqre appeared & adjourned the House till 9 o'clock to-morrow morning.

Tuesday 25th December 1759. The Honble Lewis De Rossett Esqre appeared & adjourned the House till 9 o'clock to-morrow morning.


Wednesday 26th December 1759. The House met according to Adjournment.
-------------------- page 130 --------------------
Present.
The Honble Mathew Rowan Esqr
The Honble Lewis De Rossett Esqr
The Honble James Hasell Esqr and
The Honble John Dawson Esqr
The Honble Richd Spaight Esqr

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


Thursday 27th December 1759. The House met according to Adjournment.

Received from the Assembly by Mr. Wyat and Mr. Spruel, a Bill for altering the Method of working on the Roads & appointing Publick Ferries in the Counties of Duplin, Bladen, Cumberland, Anson & Rowan; Which Bill being taken into Consideration was ordered to lie on the Table till this day Month.

On Motion; Ordered the Bill to Establish the Vestry of the several Parishes in this Province etc was taken into Consideration & rejected.

Received from the Assembly the following Resolve.

Gentn of His Majesty's Honble Council.

This House have resolved that the Committee who Viewed Fort Granville (by order) in July last be allowed the sum of Thirty Eight Pounds for Sloop hire & expence in that service, And that the Committee who Viewed Fort Dobbs by order of this House be allowed Nine Pounds for their Expences on that Service, and that the said sum be paid by the Commissioners out of the money appropriated for the use of the said Forts, to which desire your Honor's Concurrence.

SAMl SWANN Speaker.

22 December 1759.

Which resolve being taken into Consideration was concurred with.

On Motion. The Bill for adjourning the County Court of Edgcomb etc was taken into Consideration; Ordered that the said Bill lie on the Table until this day Month.

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


Friday 28th December 1759. The House met according to Adjournment.

Present as before.

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

The House met according to Adjournment.

-------------------- page 131 --------------------

Present as before.

Received from the Assembly by Mr. Wynne & Mr. Smith A Bill for establishing a Court of Kings Bench, Courts of Common Pleas etc.

Received from the Assembly by Mr. Ward & Mr. Isaac Jones

A Bill for appointing Commissioners for finishing the Court House already begun in the Town of New Bern & for other Purposes.

A Bill to enable the Commissioners of Port Bath & Port Beaufort to amend the Navigation etc.

A Bill for enlarging the time allowed for saving Lots in the Town of Halifax etc &

A Bill for granting Aid to his Majesty etc also by

Mr. Johnston & Major Harvey, A Bill for the appointment of Vestries.

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


Saturday 29th December 1759. The House met according to Adjournment.

Present as before.

On Motion. Ordered the Bill for Establishing a Court of Kings Bench, Courts of Common Pleas etc be Read. Read the same the second time amended & Passed.

On Motion. Ordered the Bill to enable Wm Dry Esqre to finish Fort Johnston etc be read. Read the same the second time, amended & Passed.

Received from the Assembly by Mr. Wynne & Mr. Caswell A Bill for erecting part of the Counties of Chowan, Bertie Northampton into a County & Parish.

On Motion the resolve relative to Elizabeth Chappel was taken into Consideration & concurred with.

On Motion; Ordered the Bill to establish Inferior Courts of Pleas & Quarter Sessions etc be read Read the same the second time amended & Passed.

On motion, Ordered the Bill for Erecting part of the Counties of Chowan Bertie & Northampton into a County & Parish; And a Bill to enable the Commissioners of Port Bath & Port Beaufort to amend the Navigation etc be read; Read the said Bills the third Time & passed; Ordered to be Engrossed.

On motion. Ordered the Bill for the appointment of Vestries be read; Read the same the first time & passed.

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

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The House met according to Adjournment.

Present as before.

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


Monday 31st December 1759. The House met according to Adjournment.

Present as before.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Gray & Mr. Bravard,

A Bill for Establishing a Court of Kings Bench, Courts of Common Pleas etc.

A Bill to Establish Inferior Courts of Pleas & Quarter Sessions etc, and,

A Bill to amend an Act entituled, An Act for Building & maintaining of Court Houses, Prisons & Stocks in every County within this Province & appointing Rules for each County, Prison & Debtors.

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

[For Journals of the subsequent days of the Session see A. D. 1760.—Editor.]



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