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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 23, 1759 - December 31, 1759
Volume 06, Pages 132-171

[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 from thence Continued by several Prorogations and Adjournments 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 Asssmbly


Tuesday the 23d of November 1759
Members present
Samuel Swann Esq—Speaker
Mr. George Moore
Mr. Wm Bartram
Mr. John Ashe
Mr. Jno Bravard
Mr. Joseph Bell
Mr. John Starkey
Mr. Samuel Spruell
Mr. John Fonville
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Mr. John Harvey
Mr. Wm Wyatt
Mr. Francis Ward
Mr. Corns Harnett
Mr. Wm Mackay
Mr. Michl Coutanch
Mr. Thos Smith
Mr. Benj Harvey
Mr. Stephen Cade
Mr. Joseph Herron
Mr. Maurice Moore
Mr. Isaac Jones
Mr. Richard Caswell
Mr. Edward Vail

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

Mr. Speaker with the Members waited on his Excellency the Governor in the Council Chamber and afterwards returned and Mr. Speaker Acquainted the House That His Excellency made a Speech to His Majesty's Council and this House and to prevent mistakes he had obtained a Copy thereof which on Motion is Ordered to be read. The same was read accordingly—and on Motion ordered to be Entered on the Journal of this House and is as follows (vizt)

Gentlemen of His Majesty's Council, Mr Speaker and Gentlemen of the Assembly.

The Surprising and Glorious Success of His Majesty's Arms by the Mercifull Dispensation of Divine Providence by Inspiring His Majesty and his Council with Wisdom unanimity and Intrepidity and his Allies, Fleets and Arms with Courage in Defence of our Holy Religion and Cause of Liberty has so Manifestly Appeared these Two Years in Delivering Europe and these Provinces in particular from a Dreadfull and Cruel Enemy, That the supplies required for the Aid of the Northern Colonies are no longer Necessary but as the War may Probably Continue until we have a safe and Honble Peace, by driving the French from this Continent and ruining their Marine, and as a dangerous War may break out with the Cherokees, which by our late success and the vigorous Measures entered into by this and the Neighboring 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 and back Settlements, and to Provide for the Necessary Expence already incurred for raising and Marching the Frontier Militia to join the Forces of South Carolina to Procure Satisfaction for the depredations and Murders Committed by the Indians and for future Contingencies—

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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 and County Courts and for the Appointing parishes and 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 and the Establishment of our holy religion against prevailing Sectaries And as I hope the Great Expence this Province has been at will be over in another Campaign, I must also recommend to you in 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 your paper Currency and the Great Discount it is now under, and how much the Trade and Credit of this Province Suffers by the Injustice to Creditors in Britain and this province by Paying of English Debts and Bills in our Paper Currency at 33⅓ when the real Discount is now from 70 to 90 p Cent to Sterling Money. This if not rectified must end in the loss of the Credit of this Province and the ruin of your Trade.

You will also Consider the loss which the poor must suffer by the torn and worn out Bills which should be Called in and Exchanged for others of Equal Value which should be Issued for that purpose only.

Gentlemen of the Assembly—

I have nothing further to ask of you at Present but what you will Judge necessary for your own defence and future Safety and whatever Sums you may think proper to raise for the Benefit of Trade and Improvement of the Province.

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

As the future peace and Welfare of this Province will depend upon the Union and Harmony of the Several Parts of this Province and Branches of the Legislature I therefore recommend to you that in those Bills now necessary to be re-inacted and 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 Majesty's just Prorogative with the Rights and Liberties of the People.

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The Clerk of the Crown returned a Certificate of the return of a Writ for Electing a Member for Pasquotank County to sit and vote in this present Assembly in the room of Mr. John Brothers who disqualified himself to sit and vote in this House as a Member for said County by Accepting the Office of an Inspector in the said County whereby it appears Mr. Thomas Taylor is Elected a Member for Pasquotank County aforesaid in the room and stead of the said Mr. John Brothers.

The Clerk of the Crown also returned a Certificate of the return of a Writ for Electing a Member for Hyde County to sit and vote in this Present Assembly in the room and stead of Mr. John Harvey who is deceased whereby it Appears that Mr. Thomas Barron is Elected a Member for Hyde County in the room and stead of the said John Harvey Deceased

The House adjourned till 4 oClock Afternoon.

P. M. The House met according to adjournment

The Clerk of the Crown returned a Certificate of the return of a Writ for Electing a Member for Carteret County to sit and vote in this present Assembly in the room and stead of Colo Thos Lovick who is deceased, Therefore it Appears That Mr. Mozes Houston is Elected a Member for said County in the room and stead of the said Col: Lovick Deceased.

Pursuant thereto and also in Pursuance of the above Two other returns—Mr. Mozes Houston Mr. Thos Taylor and Mr. Thos Barron Appeared and took the Oaths Appointed for their Qualification Subscribed the Test and took their Seats in the House Accordingly.

Mr. Jno Harvey moved that a Committee be Appointed [to] prepare an address in Answer to his Excellency the Governors Speech and lay the same before the House for Approbation—And Mr. Starkey, Mr. John Harvey, Mr. Mau: Moore Mr. Cornelius Harnett, Mr. John Ashe, Mr. Benjn Harvey and Mr. Geo: Moore are accordingly Appointed to prepare the same

Resolved, That the Absent Members be sent for in Custody by a Warrant from Mr. Speaker at the Expence of such absent Members, to wit,

Mr. Dempsey Sumner of Chowan County, Mr. James Davis of New Bern, Mr. Joseph Bryan of Craven County, Mr. Wm Murphree of Northampton County, Mr. Thos Relf and Mr. Griffin Jones of Pasquotank County, Mr. Anthony Hutchins of Anson County Mr. Robert Harris and Mr. James Paine of Granville County and Mr. Wm Churton of Orange County.

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Then the House Adjourned till to Morrow 10 oClock.


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

Mr. Benjn Wynns one of the Members for Bertie County Appeared and took his Seat in the House

Mr. John Gray one of the Members for Orange County appeared and took his seat in the House

Mr. Starkey moved That a Committee be appointed to Examine State and Settle the Public Accounts of this Province And Mr. John Harvey, Mr. Geo. Moore, Mr. Benjn Harvey, Mr. Joseph Herron, Mr. Michael Coutanch, Mr. Cornelius Harnett and Mr. Maurice Moore were Accordingly Appointed

On motion, Ordered that Mr. Starkey, Mr. John Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. Mackay and Mr. Wynns be a Committee to Settle and allow Public Claims—And that the following Message be sent to the Council Viz

Gentlemen of His Majesty's Honble Council

This House have appointed Mr. Jno Harvey, Mr. Geo. Moore, Mr. Benjn Harvey, Mr. Jos. Herron, Mr. Michael Coutanch Mr. Cornelius Harnett and Mr. Maurice Moore a Committee of this House to State and Settle the Public Accounts And Mr. Starkey, Mr. Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. Mackay and Mr. Wynns a Committee of this House to settle and Allow Public Claims in Conjunction with such of your Honrs as you shall think proper to appoint for those Purposes.

SAMUEL SWANN, Speaker
By Order
Wm Herritage, Clk.

Sent the above Message by Mr. Harnett and Mr. Ashe.

Then the House Adjourned till 9 oclock to morrow Morning.


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

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

Mr. Speaker and Gentlemen of the Assembly—

Having received by an Express from Col. Waddell a Letter sent to him by Govr Lyttleton and a Letter Acquainting me that the

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militia refuse to march against the Cherokees under pretence that it is out of the province I therefore send you the several Letters and Papers sent to me and as there is no time to be Lost, hope you will Imediately pass some resolutions thereupon and pass a short Bill to explain and Inforce the Militia Law and oblige the Militia to Act where Ordered for the Public Good and defence of the Province and to Procure Satisfaction for the depredations of Hostile Indians

ARTHUR DOBBS.

26th November 1759.

On Motion, Resolved the House resolve into a Committee of the whole house to Consider his Excellencys Message of this day regarding the Marching the Militia and also the several Papers therein referred.

The House resolved into a Committee of the whole House for the purposes aforesaid and unanimously chose Mr. George Moore Chairman who took the Chair Accordingly After some time spent therein the Committee came to the following Resolutions Viz

That a Committee be Appointed by the House to prepare and bring a Bill to Explain amend and Continue for six Months and from thence to the End of the next Session of Assembly, An Act Intituled an Act for the better Regulation of the Militia and for other Purposes.

Then on Motion Resolved That Mr. Speaker resume the Chair.

Mr. Speaker resumed the Chair.

Then Mr. Chairman Reported That the Committee had Considered the Governors Message and the Several papers referred to therein and had come to the following resolutions Vizt

That [in] the present Emergency a Committee be appointed by the House to prepare and bring in a Bill to amend and Continue for six months and from thence to the End of the next Session of Assembly, An Act Intituled an Act for the Better Regulation of the Militia and for other purposes.

To which the House agreed And On Motion—Resolved that Mr. Maurice Moore, Mr. John Harvey, Mr. Cornelius Harnett, Mr. Starkey and Mr. Ashe do Immediately prepare and bring in the said Bill

Received from the Council the following Message Viz

Mr. Speaker and Gentn of the Assembly

In answer to your Message relative to the Committee we have Appointed the Honble James Hasell and John Rieussett Esqrs a Committee

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of this House to state and Settle the Public Accounts—And the Honble John Swann and Richard Spaight Esqrs a Committee of this House to Settle and allow the Public Claims


In the Upper House—27th November 1759

Then the House Adjourned till 4 oClock Afternoon

P.M. The House met according to Adjournment

Mr. Robert Harris one of the Members for Granville County, Mr. William Churton one of the Members for Orange County Appeared and took their Seats in the House.

The Clerk of the Crown laid before the House a Certificate of the return of a Writ for Electing Two representatives to sit and vote in this present Assembly for Chowan County in the room and stead of Mr. Joseph Blount and Mr. Timothy Walton whose seats in this House became Vacant by their Accepting the Office of Inspectors in the said County whereby it appears That Samuel Johnston and Mr. Luke Sumner were duly Elected Members for said County of Chowan to sit and vote in this present Assembly in the room and Stead of the said Mr. Jos. Blount and Mr. Timothy Walton.

Whereupon Mr. Samuel Johnston Appeared took the Oath Appointed by Law for his Qualification Subscribed the Test and took his seat in the House Accordingly

Then the House adjourned till 10 oClock tomorrow morning


Wednesday the 28th of November 1759. 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 read in his place and laid the same before the House for Approbation.

The House Approved thereof and Ordered the same stand the Address of the House and be Entered on the Journal thereof as follows—(to wit)

North Carolina—ss.

To His Excellency Arthur Dobbs Esqr Captn Genl Govr and Commander in Chief in and over the said Province—

We his Majestys most dutifull and loyal subjects the Assembly of North Carolina beg leave to return your Excellency our Sincere thanks for your Speech at the Opening of this Session.

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The Repeated Successes of the two last Campaines so truly Glorious to his Majesty and Beneficial to all the Colonies Demand our most Exalted praises and thankfulness to the Author of all Mercies, And a Grateful sense of the Wisdom Courage and Conduct of those that have been the Happy Instruments of them; By the prosperous turn of Affairs the future Safety of the British America we hope will be secured and all future Expences on that Account prevented, We persuade ourselves that the Vigorous Measures lately taken to Check the Insolencies And obtain in Satisfaction for the Murthers Committed by some of the Cherokee Indians on the Frontiers of this and our Neighbouring Provinces will have the desired Effect, And we assure your Excellency that we shall now and at all times pursue such Measures and Chearfully raise such necessary supplies for our Defence against our Enemies as the Exigency of the Case may require and the Indigent Circumstances of our Constituants (already heavy loaded with Taxes) will admit.

It is with very sensible Concern we find so many of our Laws (In our Apprehension) well Calculated for the advancement of Religion and distribution of Justice thro' the several Parts of this large and Extended province and the Quieting the freeholders in their possessions—Met with his Majesty's Royal Disallowance. We persuade ourselves had an Agent been duly Authorised at home to have represented to his Majesty and his Ministers the Importance and Utility of those Laws and their propriety as Adapted to the Circumstances of the Inhabitants of this Province in a true Light they might not thro' the misrepresentation of any Interested Person Contrary to the General Good of the Province have been Reported to His Majesty for the Royal Disallowance, And as it is Absolutely Necessary to Enact other Laws to Answer the Purposes Intended by those repealed, In the Bills we shall prepare for that End shall endeavor to avoid Incerting Clauses which may be lyable to any Just Exception. We observe what your Excellency mentions relating to the Schools so much Wanted and desired, A former Assembly Granted £6.000 for the founding of a School which is still under a suspending Clause, and until his Majesty shall be pleased to declare his pleasure therein we are at a Loss to proceed. The Depretiation of our Currency is too well known and felt, but all remedies hitherto proposed have proved Abortive, We are of Opinion that the Growing Demand to pay our Taxes and the Gradual Decrease by the Sinking fund, Whereby the Torn and Worn out Bills are Yearly burnt must soon Enhance their Value.

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If it please your Excellency to Cause the Accounts of the disposal of the several Sums granted for the Service of the War to be laid before us We should be enabled to see what Savings there may be which is Appropriated to payment of Contingencies and thereby form some Judgment what may be further needful to support the Charge of Government which we shall always readily provide for.

As we are sensible nothing Conduces to the Prosperity of any Community more than a Mutual Agreement among the several Members of it, We assure your Excellency that as we hitherto have so we constantly shall use our best Endeavours to cultivate the same, That His Majestys Service and the prosperity of His Good Subjects in this Province which are always Inseparable may be preserved and promoted—

SAMUEL SWANN Speaker

28th November 1759

Mr. Harnett from the Committee Appointed to prepare and bring in a Bill to Amend and Continue for six Months and from thence to the End of the next Session of the Assembly an Act Intituled an Act for the Better Regulation of the Militia and for other purposes Reported that the Committee had prepared the said Bill which he read in his place and is approved of and Ordered the same pass and be sent to the Council—

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

Received from the Committee the Bill to Amend and Continue &c. an Act Intitled an Act for the better regulation of the Militia and for other purposes.

Endorsed 28th November 1759—In the Upper House read the first time and passed

On Motion Ordered, on the present Emergency that the Bill to Amend and Continue for six Months &c an Act Intitled an Act for the better regulation of the Militia and for other purposes be read the second time—Read the same a second time Amended and passed and Ordered to be sent to the Council

Sent the above mentioned Bill to the Council by Mr. Ashe and Mr. Johnston

Mr. Starkey moved that a Committee be appointed to prepare and bring in a Bill to Establish Superior Courts of Pleas and Grand Sessions—And also a Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province—And Mr. Starkey, Mr. Johnston, Mr. John Harvey, Mr. Caswell, Mr. Maurice Moore, Mr. Wynns and Mr. Cornelius Harnett are accordingly appointed

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Mr. Jno Harvey moved that a Committee be appointed to prepare and bring in a Bill for the better management and security of Orphans and their Estates. And Mr. John Starkey, Mr. Johnston, Mr. Jno Harvey, Mr. Caswell, Mr. Maurice Moore, Mr. Wynns and Mr. Harnett are accordingly appointed—

Received from the Council the Bill to amend and Continue for six Months &c, an Act Intituled an Act for the better Regulation of the Militia and for other purposes

Endorsed 28th November 1759 In the Upper House read the second time and passed

On Motion, Ordered, on the Present Emergency that the Bill to Amend and Continue for six Months &c -An Act Intituled an Act for the Better regulation of the Militia and for other Purposes be read a third time, Read the same a third time—Amended passed and Ordered to be sent to the Council

Sent the said Bill to the Council by Col. Harvey and Mr. Harnett

Received from the Council the Bill to Amend and Continue for six months &c an Act Intituled an Act for the better Regulation of the Militia and for other Purposes.

Endorsed in the Upper House read the third time and passed

Ordered to be engrossed.

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment.

His Excellency the Governor sent a Message to this House whereby he let them know that he was ready to receive their Address thereof Immediately in the Council Chamber.

Mr. Speaker with the House waited On his Excellency the Governor in the Council Chamber and Mr. Speaker presented him with the Addrsss of this House to which his Excellency was pleased to return an Answer a Copy of which to prevent Mistakes Mr. Speaker Obtained and is as follows (to wit)

The true sense you have of the Manifestation of the divine providence in our Defence, And your Approbation of the Vigorous Measures Entered into by this and the Neighbouring Province are very Agreeable to me, And a Confirmation of your Zeal for his Majesty's Service and the future peace and Safety of this province by procuring an Adequate Satisfaction for the Murders and depredations Committed against this and the Neighbouring Colonies as also your Assurance of Incerting such Clauses in the Bills to be

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re-enacted and Amended as to be lyable to no Objections I shall not fail in recommending the Issuing such Bills as were Intended for the Erecting of Public Schools Upon their being repaid to the Treasurers I shall give Orders to have the Public Accounts laid before you but the Accounts relative to the Troops sent to New York, having not been yet sent to me it will be impossible to Liquidate them untill I shall receive them.

I return you thanks for the assurance you give that you will promote the peace and harmony of this Province so necessary for its Welfare.

Then Mr. Speaker acquainted his Excellency the Governor that the Assembly had passed a Bill to amend and Continue an Act Intituled an Act for the better Regulation of the Militia and other Purposes which he presented to his Excellency for his Assent.

His Excellency was pleased to Assent thereto and then directed the House to return and proceed on further Business.

Received from His Excellency the Governor a Written Message by Mr. Powell Viz—As follows.

Mr. Speaker—Col Waddel having found it Necessary for his Majesties Service to Apply to me for a Sum not less than fifteen hundred Pounds for procuring Waggons, Provisions and other Necessarys for the Militia to Act Under him Against the Cherokees And the Treasurer having acquainted me that he had not so much in his hands to Answer that Service I must therefore apply to your House that you would resolve in Conjunction with the Upper House that the Treasurers may Apply so much as is in their hands upon any other Appropriation (to be repaid out of the Supplies that shall be Granted) to make up the Deficiency of the sum required to be forwarded by the Express—

Ordered the said Message lye till to-Morrow for Consideration—

Then the House Adjourned till 10 oClock to Morrow Morning


Thursday the 29th of November 1759 The House met according to Adjournment

The Order of the Day being read the House took into Consideration his Excellencys Message—And on Motion Resolved that the House Resolve into a Committee of the whole House to Consider the said Message and unanimously chose Mr. Geo: Moore Chairman who was placed in the Chair Accordingly—After some time the Committee

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came to the following Resolutions which Mr. Chairman was Ordered to report to the House Vizt

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 Esqr £186.6.8 being the Ballance of £1,873.13.5½ in the hands of the Honble Richard Spaight Esqr as by the report of the Committee of Accounts at November Session of Assembly in Edenton Appears, On this present Emergency be borrowed, and deposited in the hands of Col: Hugh Waddel towards payment of the Militia of this Province under his Command, And that the same be replaced, Out of the next aid that shall be Granted to His Majesty for payment of the Militia of this Province to be raised for the service thereof—Then on Motion Mr. Speaker resumed the Chair

Mr. Chairman reported that the Committte had resolved as above mentioned which was read to which the House agreed and Ordered the following Message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council

This House have resolved that the Several Sums following to-wit £192.3.3. being the balance of £500 appropriated for Building a Fort at Bear Inlet in the Hands of John Starkey Esq. And £186.6.8 being the Ballance of £1,873.13.5½ in the hands of the Honble Richard Spaight Esqr as by the Report of the Committee of Accounts at November Session of Assembly in Edenton Appears, On this present Emergency be Borrowed, And Deposited in the Hands of Col Hugh Waddel towards payment of the Militia of this Province Under his Command And that the same be replaced Out of the 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 Honors Concurrence.

SAMUEL SWANN Speaker.
By Order
W. H. Clk.

Sent by Major Harvey and Col Taylor.

On motion Resolved, that the following Message be sent to his Excellency the Governor.

Sir—This House on Considering your Message of Yesterday have Resolved That the several Sums following (to-wit) £192.3.3 (being the Ballance of £500 Appropriated for the Building a Fort at Bear Inlet)

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in the hands of John Starkey Esqr. And £186.6.8 being the Ballance of £1,873.13.5½ in the hands of the Honble Richard Spaight Esqr as by the Report of the Committee on Accounts at November Session of Assembly in Edenton Appears, On this present Emergency be borrowed, and deposited in the hands of Col. Hugh Waddel towards payment of the Militia of this Province Under his Command, and that the same be replaced out of the next Aid that shall be Granted to His Majesty for Payment of the Militia of this province to be raised for the services thereof—These sums being all the Money that can be now borrowed and issued without breach of the Public Faith as well as causing confusion in its Accounts. We hope with the sum of £775.14.4 paid by the Treasurer of the Southern District on your Excellencys Warrant to him for £15000, you mention Col. Waddel had applied for may Answer the present Occasion till further provision can be made as is intended by the House.

S. S. S

29th Nov. 1759.

Then the House Adjourned till 4 oClock Afternoon.

P. M. The House met according to Adjournment.

Mr. Harris laid before the House a Certificate from the County Court of Granville thereby Certifying that Cornelias McCarty son of David McCarty is a very infirm person and recommending him to be Exempt from paying Public Taxes. Ordered he be exempt accordingly.

Received from the Council the message sent to them this day regarding the Application of the Sum of Money in the hands of John Starkey Esqr the Honble Richard Spaight Esq Endorsed 29th Nov. 1759 In the Upper House Concurred with

MATT ROWAN, P. C.

Then the House adjourned till to-morrow morning 10 oClock.


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

On motion Resolved, That a Committee be appointed to prepare and bring in a Bill to Establish the Vestry of the Several Parishes of this province last Chosen agreeable to a late Act of Assembly and to direct the method of Electing Vestries to provide for an Orthodox Clergy and for settling parish Accounts.

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And Mr. Coutanch, Mr. Starkey, Mr. Moore, Mr. Taylor, Mr. Vail, Mr. Ashe and Col Mackay, Mr. Fonville and Mr. Harris are appointed accordingly.

Mr. Wynns laid before the House a Certificate from the County Court of Edgcombe thereby Certifying that Thos. Sessons son of Nicholas Sessons of the said County be Exempt from Public Taxes and Services.

Ordered he be exempt accordingly.

Mr. Churton presented to the House a Petition of Sundry of the Inhabitants of the County of Orange Setting forth Amongst other things that the Land whereon the Court House and other Public buildings are Erected in the said County of Orange is very Commodiously situate for an Inland town Praying that Four hundred Acres of the said Land may be allotted and Established for a Town &c.

Ordered that Mr. Churton bring in a Bill pursuant to the prayer of the Petition.

Mr. Churton brought in the said Bill Intitled a Bill for Establishing a Town on the Land formerly Granted to Wm Churton Gentn lying on the North side of the River Enoe in the County of Orange—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. Churton and Mr. Harris.

Then the House adjourned till 9 oClock to-morrow morning.


Saturday the 1st December 1759—The House met according to Adjournment

Then the House adjourned till Monday Morning 10 oClock


Monday the 3rd of December 1759—The House met according to Adjournment

Mr. James Davis appeared and took his seat in the House—

Then the House adjourned till 9 oClock to-morrow morning


Tuesday the 4th of December 1759—The House met according to Adjournment

Then the House adjourned till tomorrow 10 oClock—


Wednesday the 5th of December 1759 The House met according to Adjournment
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Mr. Anthony Hutchins one of the Members for Anson County Appeared and took his seat in the House—

Mr. John Harvey presented a petition of Several of the Inhabitants of New Hanover County and others setting forth—That several persons who have obtained the liberty of the several prisons they are confined in in this Province earn large sums of money whilst under such Confinement the part of which might be applyed towards payment of their several and respective Debts—Praying relief

Ordered, the said Petition lye for Consideration

Mr. Smith presented to the House a Certificate from the County Court of Hyde thereby recommending Thos. Goodwin to be exempt from paying Public Taxes and doing public Duties—

Ordered he be exempt accordingly—

Mr. Smith presented to the House a Certificate from the County Court of Hyde thereby Recommending Elias Gurganus to be Exempt from doing Public Duties and Paying Public Taxes—

Ordered he be exempt Accordingly—

Mr. Starkey from the Committee appointed to prepare and bring in a Bill for Establishing Superior Courts of Pleas and Grand Sessions Reported that the Committee had prepared the said Bill which he presented to the House—

Ordered the same be read—Read the same passed and Ordered to be sent to the Council

Sent the same to the Council by Major Harvey and Col Taylor—

Mr. Caswell from the Committee Appointed to prepare and bring in a Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province Reported that the Committee had prepared the said Bill which he presented to the House—

Ordered the same be read—Read the same passed and Ordered to be sent to the Council

Sent the same to the Council by Major Harvey and Col Taylor—

Mr. John Harvey from the Committee Appointed to prepare and bring in a Bill for the better Management and Security of Orphans and their Estates Reported that the Committee had prepared the said Bill which he presented to the House—

Ordered the same be read—Read the same and Ordered the said Bill pass and be sent to the Council

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

Then the House adjourned till 4 oClock Afternoon.

P. M. The House met according to adjournment

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Mr. Robert Jones jr one of the Members for Northampton County Appeared and took his seat in the House

Mr. Caswell moved for leave to bring in a Bill Directing the Method of Appointing Jurymen in all Causes Criminal and Civil and for an Allowance for their Attendance at the Superior Courts—Ordered he have leave and that he prepare and bring in the same—

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

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

Then the House adjourned till 9 oClock tomorrow morning


Thursday the 6th of December 1759—The House met according to Adjournment

Mr. Coutanche from the Committee Appointed to prepare a Bill to Establish the Vestry of the Several Parishes of this Province last Chosen Agreeable to a late Act of Assembly to direct the Method for electing future Vestries to provide for an Orthodox Clergy for settling Parish Accounts—

Reported—That the Committee had prepared the same which he presented to the House, Ordered the same be read, read the same passed and ordered to be sent to the Council

Sent the above said Bill to the Council by Mr. Bartram and Mr. Wynne.

Received from the Council the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province.

And the Bill for Establishing a Town on the Land formerly granted to William Churton lying on the North side of the River Enoe in the County of Orange.

And the Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the proceedings therein.

Endorsed 5th December 1759. In the Upper House read the first time and passed

Received a Written Message from his Excellency the Governor—Vizt

Mr. Speaker—This Session having Continued a fortnight and no aid Bill being yet brought in and the two Companies upon the provincial pay being now on Actual Service must be disbanded upon the 12th Instant when their Term by the Law Expires I must therefore recommend it to the Assembly to pass a Resolution in Concurrence with the Upper House that they may be Continued on pay for

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a Longer Term untill they return from the Service they are now upon or untill a proper Bill be past to Continue them for another Year or untill a peace shall be concluded which is absolutely Necessary for the Safety of this province

ARTHUR DOBBS

December 6th 1759.

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council the Bill for the better Management and Security of Orphans and their Estates.

And the Bill Directing the Method of Appointing Jurymen in all Causes Criminal and Civil and for an Allowance for their Attendance in the Superior Courts.

Endorsed 6th December 1759. In the Upper House read the first time and passed

Then the House adjourned till to-morrow morning 9 oClock.


Fryday the 7th of December 1759. The House met according to Adjournment.

Mr. Caswell presented a Petition from Several of the Inhabitants of Dobbs County setting forth that it would Encourage Commerce and promote the Navigation of Nuse River if Warehouses were Erected in the said County for the reception and Inspection of Tobacco &c

Praying that the Warehouses and other Conveniences may be Erected On the Several places therein mentioned for the reception and Inspection of Tobacco &c.

Then on Motion, Ordered, Mr. Caswell prepare and bring in a Bill pursuant to the Prayer of the said Petition

Mr. Caswell according to Order brought in a Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs—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. Davis

Received from the Council the Bill to Establish the Vestry of the Several Parishes of this Province last Chosen Agreeable to a late Act of Assembly and to direct the Method for Electing future Vestries, to provide for an Orthodox Clergy and for settling parish Accounts.

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Endorsed 6th December 1759. In the Upper House read the first time and passed.

Mr. Ashe presented a Petition of Elizabeth Chappel setting forth that her husband James Chappel who was enlisted by Col. Granger and afterwards killed at the Ohio Praying relief &c.

The House taking the Petn under Consideration

Resolved that the sum of Twenty pounds Proclamation Money be paid by the Public Treasurer into the hands of The Honble Matthew Rowan Esq. for the use of the said Elizabeth Chappel out of the Money paid into the Treasury for the defraying the contingent Charges of Government and that this Resolve be sent to the Council for Concurrence.

Sent the above resolve to the Council for Concurrence by Mr. Ashe and Mr. Mackay.

Mr. Robert Jones Jr. moved for leave to bring in a Bill for Enlarging the time allowed for saving Lots in the Town of the Halifax preventing the Building Wooden Chimneys therein and other purposes.

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

Mr. Ashe laid before the House several Proposals made by William Dry for fully Compleating and finishing Fort Johnston at the Mouth of Cape Fear River in three years from the day of Agreement.

The House taking the said proposals into Consideration Ordered, That Mr. Maurice Moore prepare and bring in a Bill to Enable Wm Dry Esq to finish Fort Johnston at the Mouth of Cape Fear River &c.

Received from the Council the Bill to Establish Warehouses for the Inspection of Tobacco in Dobbs County &c.

Endorsed 7th December 1759. In the Upper House read the first time and passed.

Mr. Jones moved that the Bill to Establish Warehouses for the Inspection of Tobacco in Dobbs County be Committed for Amendment.

Ordered, The Bill be Committed to Mr. Jones and Mr. Caswell and that they Report to the House the Amendments necessary to the said Bill.

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

Mr. Speaker—Having received an Instruction from his Majesty which prevents me from passing any Paper Bills of Credit unless a

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Clause be Incerted that neither these nor the former Bills shall be a lawful Tender I therefore lay that Instruction before you and as there is a necessity that the Troops and Militia now employed should be supported I must recommend it to the Assembly that out of what money has been paid in to the Treasurers which was borrowed from the sums issued for school and purchasing Glebes &c and towards sinking the Treasurers Notes so much may be applyed towards the Maintenance of the Troops and Contingencys upon this Expedition to be replaced by the Taxes to be levied by any Aid Bills which you shall agree to, There being no other Money in the Treasurers Hands to Answer the Public Service upon many future Emergencys.

ARTHUR DOBBS.

7th December 1759

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment

Mr. John Harvey moved for leave to bring in a Bill directing the Method to be taken with Estrays—

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

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

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

On Motion, Ordered, That Mr. Maurice Moore, Mr. Jno Harvey, Mr. Jno Starkey, Mr. John Ashe, Mr. Cornelius Harnett, Mr. Benjn Wynn and Col Taylor do prepare and bring in a Bill for Regulating Executions and Distreses

Mr. Maurice Moore according to Order brought in a Bill to Enable William Dry Esq to finish Fort Johnston at the mouth of Cape Fear River which he read in his place and Delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council

Sent the above Bill to the Council by Mr. Moore and Mr. Ashe

Mr. Maurice Moore moved that the House Resolve into a Committee of the whole house to consider His Excellency the Governors Message of yesterday and also that of this day—

Resolved the House resolve into a Committee of the whole House to Consider the said Messages and Report the Resolutions of the said Committee thereon to the House

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The House Resolved into a Committee of the whole House to Consider the said Messages &c. and unanimously chose Mr. Geo: Moore Chairman who took the Chair accordingly—after some time spent, on Motion ordered the Committee rise and that Mr. Speaker resume the Chair, the Committee arose and Mr. Speaker Resumed the Chair—Mr. Chairman Reported that the Committee not having time throughly to discuss the said Two Messages desired leave to sit again

Resolved the said Committee sit again.

Then the House adjourned till 9 oClock to-morrow morning


Saturday the 8th of December 1759 The House met according to adjournment—

On Motion resolved the following Message be sent to his Excellency the Gov—Vizt

North Carolina—ss.

To His Excellency Arthur Dobbs Esqr Captt Genl Gov. and Commander in Chief in and over the said province

Sir—In answer to your Message of yesterday the Assembly would observe that passing a Bill for Emission of Paper Currency under the restrictions mentioned in his Majesty's Instructions which you were pleased to lay before us will greatly Affect the payment of Quitrents and other Branches of the Revenue of the Crown within this Province must depretiate the present Paper Currency and prove a means of destroying the Credit of the Country. Therefore as they cannot without Introducing these fatal mischiefs pass a Bill for Emitting Paper Currency to pay and subsist the Troops now in the pay of this province and the Militia Included to be sent with the Troops of South Carolina against the Cherokees The Assembly would desire your Excellency to acquaint them what Number of the Militia is Intended to be sent on that Duty—That Provisions may be made for supporting them out of the money replaced for schools purchasing Glebes &c and at the same time would inform your Excellency that there is only £4,000 of that Money replaced so that should it require more to support them than that Sum they must remain unprovided for, And the Public faith be violated, A Matter the Assembly above all things would wish to avoid.

SAMl SWANN, Speaker
By Order
Wm Herritage, Clk.

8th Dec 1759.
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Sent by Mr. Moore and Mr. Vail.

Mr. Johnston presented a petition of the Principal part of the Freeholders and Inhabitants of Edgcomb County—Setting forth that thro' mismanagement and a Secret and Clandestine Manner an Act was passed last Session of Assembly to fix the Courthouse of the said County at Redmans old field on Tyoncoca which is found to be near the verge of said County and Inconvenient to the Inhabitants to attend the said County Courts Praying Relief &c.

On Motion ordered that Mr. Johnston prepare and bring in a Bill pursuant to the prayer of the said Petition

Mr. Harris presented a Petition of several of the Inhabitants of Granville County Setting forth That Granville and St Johns parishes in the said County are very unequally divided—Praying an Equal division of the said Parishes and that the County be divided &c.

On Motion, Ordered, That Mr. Harris do prepare and bring in a Bill pursuant to the prayer of the said Petition.

Mr. Harris according to Order brought in a Bill for dividing Granville County and other purposes 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 Bill to the Council by Mr. Harris and Mr. Jones.

Received from His Excellency the Governor a Written Message by Mr. Powell (Viz) as follows—

Mr. Speaker—I have received your Answer to my Message sent yesterday In answer to which I must inform you That I have given Orders that the Militia to be sent to co-operate with Gov. Littleton should be a number not to exceed five hundred, as can be raised and properly manned.

I must also observe that you have made no mention of the Companies now in pay, whether you continue them as they must be disbanded by Law on Monday next, without you form a Resolution to keep them on foot in Concurrence with the Upper House, That I may be justified in keeping them on foot on the present Emergency

ARTHUR DOBBS

On Motion Resolved, that the Consideration of the above Message be referred to the Committee of the whole House Appointed to Consider His Excellencys Message of the 6th and 7th Instant.

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The Order of the day being read The House resolved into a Committee of the whole House to Consider the above Messages and Mr. Chairman took the Chair

The Committee having Considered the several Messages referred to them for Consideration and came to the following Resolutions (to wit)

Resolved That the Forces now in the pay of this province, And the Militia thereof not Exceeding 500 Men to be raised by Order of the Governor and Council in Virtue of an Act of the Assembly of this province passed the 28th day of November 1759 to joyn the Forces of South Carolina now under the Command of Governor Littleton be kept in pay until the 10 day of Feby next if his Majesty's Service shall so long require it

Resolved that an Aid of £5,000 be Granted to His Majesty to defray the Expence of keeping the said forces and Militia

Resolved, That the sum of £4,000 now in the Treasury for Erecting Schools and Purchasing Glebes &c. and also [the] sum of £1000 of the same fund as the same shall be paid into the Treasury be borrowed for the payment of the said Forces and Militia

Resolved, That a Tax of two shillings be laid on Each Taxable person in this Province for the Years 1760 and 1761 for replacing the said £5,000.

To which Resolves the House agreed—And on Motion Ordered That Mr. Jones, Mr. Starkey and Col Harvey do prepare and bring in a Bill pursuant to the above resolves.

Then the House adjourned till Monday Morning 9 oClock.


Monday the 10th of December 1759. The House met according to Adjournment

Mr. Jones and Mr. Caswell according to Order Reported to the House several Amendments necessary to the Bill to Establish Ware Houses for the Inspection of Tobacco in the County of Dobbs which were read and approved of by the House and Ordered to be Inserted in the said Bill

The said Amendments are Incerted Accordingly and on Motion, Ordered the said Bill be read a second Time, Read the same a second time with the said Amendments passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Harris and Mr. Isaac Jones.

Resolved the following Message be sent to the Council Vizt

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Gentlemen of his Majestys Honble Council

This House having Resolved That the forces now in the pay of this Province And the Militia thereof not Exceeding 500 Men to be raised by Order of the Govr and Council in virtue of an Act 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 February next if his Majestys Service shall so long require it desire your Concurrence.

SAMl SWANN Speaker
By order
Wm Herritage Clk.

10th Dec 1759.

Sent by Mr. Harris and Mr. Jas Jones

Then the House Adjourned till to morrow Morning 9 oClock.


Tuesday the 11th December 1759—The House met according to Adjournment

Mr. Smith presented a Certificate from the County Court of Beaufort therein recommending Wm Newman of said County to be Exempt from paying public Taxes and doing public Duties.

Ordered he be Exempt Accordingly.

On Motion, Resolved the House Resolve into a Committee of the whole House to Consider the Amendments necessary to the Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating proceedings therein.

The House resolved into a Committee of the whole House to Consider the Amendments necessary to the said Bill and unanimously Chose Mr. John Starkey Chairman who was placed in the Chair Accordingly after some time spent therein and several Amendments proposed which Mr. Chairman was directed to report to the House.

Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had Considered of Several Amendments necessary to the said Bill and that the Committee not having time to reduce them into form desire leave to sit again.

Resolved, the Committee have leave to sit again to morrow.

Mr. Jones presented a Certificate from the County Court of Northampton recommending Arthur Oneil of said County to be exempt from paying Public Taxes &c.

Ordered to be exempt accordingly

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Received from the Council the Bill for dividing Granville County and other purposes—Endorsed 10th Dec 1759—In the Upper house read the first time and passed

Received from the Council the Resolve of this House of Yesterday regarding the pay of the forces and Militia of this province Endorsed 10th Dec. 1759—In the Upper House concurred with.

MATT ROWAN P. C.

And further Endorsed Assented to 10th December 1759.

ARTHUR DOBBS.

Then the House adjourned till tomorrow morning 9 oClock.


Wednesday the 12th December 1759—The House met according to Adjournment

Mr. Harvey from the Committee appointed to prepare and bring in a Bill Pursuant to the Resolves of this House on Saturday last Reported that the Committee had prepared the said Bill which he laid before the House

Then on Motion, Ordered, the said Bill be read the same [was read] passed and Ordered to be sent to the Council

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

On Motion, Ordered, the Bill for dividing Granville County and other purposes be read the Second time, Read the same a second time passed and ordered to be sent to the Council.

Sent the same to the Council by [Mr.] Harvey and Mr. Vail.

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

Mr. Chairman Reported to the Committee that he had reduced the several Amendments necessary to the Bill for appointing Superior Courts &c into form which he read and was directed to report the same to the House Then on Motion Mr. Speaker resumed the Chair

Mr. Chairman Reported that the Committee had taken into Consideration the several amendments necessary to the Bill for appointing Superior Courts and to which on reading thereof the House agreed and Ordered the said Amendments to be Incerted in the said Bill, the same are Incerted accordingly.

Then on motion, Ordered the said Bill be read the second time with the Amendments. Read the same a second time with the said Amendments passed and ordered to be sent to the Council.

Sent the same to the Council.

Then the House adjourned till 3 oClock Afternoon.

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The House met according to Adjournment.

Received from the Council the Bill for Granting an Aid to his Majesty for paying and subsisting the forces and Militia now in the pay of this province and for other purposes. Endorsed 12th December 1759. In the Upper House read the first time and passed.

And the Bill to Enable Wm Dry Esq to Finish Fort Johnston at the mouth of Cape Fear River &c. Endorsed 12th Dec 1759. In the Upper House read the first time and passed with Amendments.

On motion, Resolved, The House Resolve into a Committee of the whole House to Consider the Amendments necessary to the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province.

The House Resolved into a Committee of the whole House for the purposes aforesaid and unanimously chose Mr. John Starkey Chairman who took the chair Accordingly.

The Committee took the said Bill under Consideration—And agreed to several Amendments thereto but not having time to reduce them into form it was Resolved That the Chairman Acquaint the House thereof and desire leave to sit to-morrow and then on motion the Committee arose and Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had considered of several amendments necessary to the said Bill but not having time to reduce them into form desired leave to sit again to-morrow. Resolved the Committee have leave to sit to-morrow.

On motion Ordered, The Bill to Enable Wm Dry Esqr to finish Fort Johnston at the mouth of Cape Fear River be read a second time. Read the same a second time passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Mackay and Mr. Wynn.

Then the House adjourned till to-morrow morning 8 oClock.


Thursday the 13th of December 1759. The House met According to Adjournment

Received a Verbal Message from the Governor by Mr. Powell desiring to know if this House will join with him and the Council in an Address to his Majesty.

The House on Considering the same Resolved that the following Message be sent to his Excellency Vizt

To His Excellency the Governor—

Sir—In answer to your Message by Mr. Powell signifying that your Excellency and the Honourable Members of his Majestys Council

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had prepared an Address to his Majesty Congratulating him on the signal success and victories of His Fleets and Armies the last Campaign and desiring to know whether this House will join in the same—The Assembly would Acquaint you they are Willing and ready to Concurr therein.

S. S. Spr

13th December 1759.

Sent by Col. Harvey and Mr. Moore.

The Order of the day being read The House resolved into a Committee of the whole House and Mr. Chairman took the Chair. Mr Chairman reported to the Committee that he had reduced the several Amendments necessary to the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province which were read in the Committee And the Chairman was directed to report the same to the House.

Then on motion Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had taken into Consideration the Several Amendments Necessary to the said Bill. To which the House agreed and Ordered the said Amendments be Inserted in the said Bill. The same are Inserted accordingly.

Then on motion ordered—The said Bill be read a second time with the said Amendments. Read the said Bill a second time with the said Amendments passed and Ordered to be sent to the Council.

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

Mr. Gray moved for leave to bring in a Bill to Impower Lawrence Thompson his Heirs &c to Collect two shillings tax &c.

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

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

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

The Messenger who was sent for the absent Members (to wit) Mr. Churton and Mr. Payne returned that he had been for the said Members and it is adjudged that the distance he has travelled from Wilmington is about Two Hundred Miles—Therefore Resolved That he be paid £9.5.0 and it appearing to the House That Mr. Robert Harris had been very sick—notwithstanding which he set out from home on his Journey to this Assembly and was near Wilmington when the Messenger sett off for him therefore Resolved that one third of the said sum be paid by the Public Treasurer to

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the said Messenger and that he be allowed the same on passing his Accounts with the Public and also that the said Treasurer pay five pounds to Jacob Blacklive and that he be repaid the same by the Members for whom he the said Jacob went in May Session 1758 the other two Thirds of the said £9.5.0 be paid Equally to said Messenger by Mr. Churton and Mr. Paine.

On Motion, Ordered, the Bill for Establishing a Town on the Land formerly Granted to Wm Churton Gentn lying on the North side of Enoe River in the County of Orange be read the second time. Read the same a second time and passed. Ordered to be sent to the Council

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

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

On Motion, Resolved the Bill to Establish the Vestry of the Several Parishes of this Province last Chosen Agreeable to a late Act of Assembly and to direct the Methed of Electing future Vestries to provide for an Orthodox Clergy and for Settling Parish Accounts be read the second time. Read the said Bill the second time, passed. Ordered to be sent to the Council

Sent the same to the Council by Mr. Wyat and Mr. Spruel.

On Motion, Ordered, the Bill for Granting an Aid to his Majesty Paying and subsisting the forces and Militia now in the pay of this Province and for other purposes be read the second time. Read the same a second time.

And on Motion Resolved the House Resolve into a Committee of the whole House to morrow Morning to consider the said Bill

Mr. Harvey laid before this House the Report of the Committee Appointed last Session of Assembly to View Fort Granville—As follows—.

Pursuant to a resolve of the Assembly the 19th day of December 1758—We John Harvey, William Mackay and Joseph Herron in July last viewed Fort Granville its Scituation and Conveniency, And do Report that in our opinion the said Fort is best Scituated to Protect the Trade of Port Roanoke; Port Bath, and Port Beaufort it can possible be and think it for the advantage of this province that the said Fort should be Compleated and a proper Garrison Continued therein during the present War and we do herewith lay before the House a Plan of the said Fort And an Account of the Artillery and Amunition at that time in the Fort It also Appears to us by Capt

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McNairs Accounts with the Commissioners that the sum of Three Thousand seven hundred and ninety-five pounds fourteen Shillings and Eleven pence farthing had then been Expended on the said Fort Govers House &c which is humbly submitted to the House by John Harvey Wm Mackay and Jos: Herron.

Then on motion, Ordered the same be referred to the Committee to be appointed to Consider the said Bill.

Then the House adjourned till to-morrow morning 9 oClock.


Fryday the 14th of December 1759. The House met according to Adjournment.

The Order of the Day being read the House resolved into a Committee of the whole House as well to Consider the Aid Bill as the report of Mr. Harvey, Mr. Mackay and Mr. Harron regarding Fort Granville and unanimously Chose Mr. John Starkey Chairman who took the Chair Accordingly.

The Committee took the said Bill under Consideration and agreed to several amendments directed the Chairman to report the same to the House then on motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had considered of and agreed to several Amendments necessary to the said Bill which he read in his place and were agreed to by the House and on motion Ordered the said Amendments be inserted in the said Bill. These Amendments are accordingly Inserted.

Then on motion, Ordered the said Bill be sent to the Council with the said Amendments by Mr. Ward and Mr. Jones.

Received from the Council the Bill to Impower Lawrence Thompson his heirs &c to collect the two shillings Tax &c. Endorsed 13th Dec. 1759. In the Upper House read the first time and passed.

The Bill to Establish the Warehouses for the Inspection of Tobacco in the County of Dobbs—Endorsed 14th Decr 1759 In the Upper House Read the second time and passed.

And the Bill for Establishing a Town on the Land formerly Granted to Wm Churton Gent &c Endorsed 14th Dec 1759 In the Upper House read the second time amended and passed

Mr. Starkey moved a Committee be Appointed to prepare and bring in a Bill Establishing a Court of Kings Bench and Courts of Common Pleas and of Oyer and Terminer for the Province of North Carolina and Mr. Jones, Mr. Johnston, Mr. Maurice Moore, and Mr. Richard Caswell and Mr. John Starkey are accordingly appointed

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Mr. Harnett moved for leave to bring in a Bill to Impower and direct Commissioners within mentioned to lay out and make a new road from the East End of the White Marsh Causway in Bladen County to Livingston Creek Bridge on the Bounds of New Hanover County.

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

Mr. Harnett brought in the above said Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk

Then the Motion was made and the Question put whether the same pass or not and was carried in the negative.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment.

On Motion, Ordered, the Bill to impower Lawrence Thompson his Heirs &c, to Collect the 2 shillings Tax &c, be read the second time—Read the same a second time passed and Ordered to be sent to the Council.

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

On Motion, Ordered, the Bill for Establishing a Town on the Land formerly Granted to Wm Churton lying on the North side of the River Enoe in the County of Orange be read the third time—Read the same a third time amended and passed—Ordered to be sent to the Council.

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

Then the House adjourned till to morrow 9 oClock


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

On Motion Ordered the Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs and other purposes be read the Third time. Read the same a third time amended and passed. Ordered to be sent to the Council

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

Then the House Adjourned till Monday Morning 10 oClock.


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

On Motion, Resolved, That Mr. John Harvey, Mr. Wm Mackey and Mr. Joseph Herron be allowed the sum of £38.5.0 for their Sloop hire Trouble and Expence in viewing Fort Granville in July

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last and that the said sum be paid by the Commissioners out of the Money Appropriated for the use of the said Fort.

On Motion, Resolved, the Committee that viewed Fort Dobbs be allowed £9 for their Expences &c in viewing said Fort.

The House being Acquainted that several of the Tuscorora Indians are now in Town and require some Assistance—It is therefore Resolved that Mr. Harnett do provide necessary provisions and drink for the said Indians during their stay in Town and that the public Treasurer repay him all such Money he shall so advance and be allowed the same on passing his Accounts with the Public.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council—

This House have resolved that Mr. Corns Harnett provide necessary provisions and drink for the Tuscorora Indians now in Town during their stay and that the Public Treasurer repay him such money he shall so advance and be allowed the same on passing his Accounts with the Public to which desire your Honours Concurrence.

S. S. S.

17th December 1759.

Mr. Taylor acquainted the House that Mr. Robt Murden one of the Members for Pasquotank 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 to sit and Vote in this present Assembly in the room and stead of the said Robert Murden deceased.

Sent a Message to His Excellency by Mr. Coutanch and Major Harvey accordingly.

Then the House adjourned till tomorrow morning 9 oClock


Tuesday the 18th of December 1759 The House met according to Adjournment.

Read the Petition of Sundry of the Inhabitants of the Western Part of Chowan County and the Northern part of Bertie County and the Eastern part of Northampton County—Setting forth that the Inhabitants of the said Parts of the said three Counties are very remote from the several Court Houses of the several and respective Counties aforesaid &c Praying an Act may pass for their relief &c

On Motion Ordered, Mr. Wynn prepare and bring in a Bill pursuant to the prayer of the said Petition—Mr. Wynn according to

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

Sent the same to the Council by Mr. Coutanch and Major Harvey.

Mr. Coutanch moved for leave to bring in a Bill to Enable the Commissioners of Port Bath and Port Beaufort to amend the navigation and for other purposes.

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

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

Sent the same to the Council by Mr. Coutanch and Major Harvey.

Then the House adjourned till to morrow Morning 9 oClock.


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

Received from the Council the following Bills (to wit)

The Bill to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs and other purposes. Endorsed 17th December 1759 In the Upper House read the third time and passed Ordered to be engrossed.

A Bill to Impower Lawrence Thompson his Heirs &c. to Collect the two shillings Tax &c. Endorsed 17th December 1759. In the Upper House read the second time and passed

The Bill to enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation and for other purposes.

And the Bill for Erecting Part of the Counties of Chowan Bertie and Northampton into a County and Parish Endorsed 19th December 1759. In the Upper House read the first time and passed.

On motion, Ordered, the Bill for Erecting Part of the Counties of Chowan, Bertie and Northampton into a County and Parish be Committed to the Members of the said Counties for Amendment

Mr. Jones from the Committee Appointed to prepare and bring in a Bill Establishing a Court of Kings Bench and Courts of Common pleas and Courts of Oyer and Terminer and General Goal Delivery for the province of North Carolina Reported that the Committee had prepared the same which he presented to the House for the reception thereof. The House received the same and Ordered the said Bill 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. Johnston.

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Received from the Council the Resolve of this House of Monday last regarding the Providing Necessarys for the Tuscorora Indians now in Town Endorsed 17th December 1759 In the Upper House Concurred with

MATT. ROWAN, P. C.

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

On motion, Ordered, The Bill Directing the Method to be taken with Strays &c be read the second time. Read the same a second time Amended passed and Ordered to be sent to the Council

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

On motion, Ordered, the Bill to Impower Lawrence Thompson his heirs &c to collect the two shillings Tax &c be read the Third time. Read the same a third time passed and Ordered to be sent to the Council

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

On motion Ordered, the Bill to Impower Lawrence Thompson his heirs &c to collect the two shillings Tax &c be read the third time Read the same a third time passed and Ordered to be sent to the Council

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

On motion, Ordered, The Bill to Enable the Commissioners of Port Bath and Port Beaufort to Amend the Navigation and for other purposes to [be] read the second time. Read the same the second time passed and Ordered to be sent to the Council.

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

Then the House adjourned till tomorrow morning 9 oClock.


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

Mr. Jones moved for leave to bring in a Bill for Enlarging the time for saving Lots in the town of Halifax preventing the Building Wooden Chimneys therein and other purposes.

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

Mr. Jones 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. Wynns and Mr. Vail.

Mr. Jones one of the Committee to whom the Bill for Erecting part of the Counties of Chowan, Bertie, and Northampton into a County and parish &c. was Committed reported that the Committee

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had prepared Several Amendments thereto which he laid before the House were approved of and Ordered to be inserted in the Bill—The same are accordingly Incerted.

Mr. Jones presented the Petition of Sundry of the Inhabitants of the County of Northampton Setting forth their disapprobation of the said Bill which being read and Considered by the House It is resolved that the said Petition be rejected.

Then on motion, Ordered, the said Bill pass with the said Amendments and be sent to the Council.

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

John Burnett Sergeant at Arms having returned the Warrant to him directed to take into his Custody the Several Members following (to-wit) Mr. Dempsey Sumner, Mr. Thos Relf, Mr. Wm Murfree, Mr. Jacob Blount, Mr. Griffith Jones, Mr. James Davis, Mr. Jos: Bryan that he had Executed the same.

It is therefore Ordered That the Public Treasurer pay the sum of £14.10 to the said Sergeant and that the same be repaid the said Treasurer by the said Members (to-wit) £2.1.6 Each.

Mr. Harnett laid before the House the Report of the Committee Appointed at November Session of Assembly 1758 to view Fort Johnston &c. as follows (to wit)

We the Subscribers being appointed by a Resolve of the Assembly in November Session 1758 to view Fort Johnston at the mouth of Cape Fear River and to report the present Condition thereof Do find the Scituation Convenient and was the fort finished Agreeable to the proposed plan would be a great Protection to the trade of that River.

But we are sorry to report that its present Appearance does no ways Answer the large sums Expended in Erecting it, the back part (being the remains of the first Palisadoed Fort is Rotten and falling in Ruins) the fort being now built of Stone below and Tably work above is good, but not yet carried high enough. The Platforms are rotten, the barracks not built neither is there a Magazine or Well. We have not seen the Commissioners account which puts it out of our Power to report how the money hath been Applyed, but would recommend it to the House to Order that their Accounts may be laid before the Committee of Public Accounts for their Inspection.

We are of Opinion that it will be for his Majesty's Service to have the said Fort Finished and that the agreeing with an Undertaker for a sum Certain to Compleat it in a short time under proper Regulations will be the most saving method, and that in the mean time,

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a Sufficient Number of Men under one officer may be kept in pay there to guard the Guns, Stores &c which is submitted by—

SAMl SWANN
JOHN STARKEY
CORs HARNETT

On Motion, Resolved his Excellency be addressed to direct the Commissioners of Fort Johnston to lay their Accounts of the Moneys by them laid out and Expended in building the said Forts before the Committee of Public Accounts that the said Committee may make a Report thereon to this House.

Mr. Johnston moved for leave to bring in a Bill for adjourning the County Court of Edgecomb and other purposes.

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

Mr. Johnston 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. Johnston and Mr. Churton.

Sent the following Message to his Excellency the Governor—vizt

Sir—This House having under Consideration the State of Fort Johnston Desire your Excellency will be pleased to Direct the Commissioners of the said Fort to lay the Account of the Money by them laid out and Expended thereon before the Committee Appointed to state and settle the Public Accounts of this Province.

S. S. S.

20th December 1759.

Then the House adjourned till to morrow Morning 9 oClock


Fryday the 21st of December 1759. The House met according to Adjournment

Received from the Council the Bill for Establishing a Court of Kings Bench Courts of Common Pleas and Courts of Oyer and Terminer and General Goal Delivery for the province of North Carolina

Endorsed 21st December 1759 In the Upper House read the first time and passed.

And the Bill for Establishing a Town on the Land formerly Granted to William Churton Gentn lying on the North Side of the River Enoe in the County of Orange

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Endorsed 17th December 1759. In the Upper House read the third time and passed.

Ordered to be engrossed.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to adjournment

On Motion Ordered the Bill for Establishing a Court of Kings Bench Courts of Common Pleas &c be Committed for Amendments to Mr. Jones, Mr. Starkey, Col Harvey, Mr. Johnston, Mr. Maurice Moore, Mr. Wynns, Mr. Caswell, and that they report to the House the Amendments necessary thereto.

Then the House Adjourned till tomorrow morning 9 oClock


Saturday the 22d December 1759 The House met according to Adjournment

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys 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 and five shillings for Sloop hire and Expences on that Service—And that the Committee who viewed Fort Dobbs by order of the House be Allowed Nine pounds for their Expences on that Service and that the said Two sums be paid by the Commissioners out of the Money Appropriated for the use of the said Forts to which desire your Honours Concurrence.

S. S. Speaker.
By order
Wm. Herritage Clk

22d December 1759.

Sent the above message to the Council by Mr. Harris and Mr. Churton.

Mr. Harnett presented the Petition of Several Tanners and Merchants in behalf of themselves and others—Setting forth that thro' the Great Mortality of the Stocks of Cattle in this Province belonging to the Inhabitants, thereby the said Stocks are greatly Diminished—Praying a Bill may be brought in to prevent the driving Cattle out of this province &c—which Petition he read in his Place and on Motion Ordered the said Petition lye on the Table for Consideration.

Then the House adjourned till Monday Morning 9 oClock.

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Monday 24th December 1759 The House met according to adjournment

Mr. Jones from the Committee to whom the Bill for Establishing a Court of Kings Bench, Courts of Common Pleas &c was Committed—Reported that the Committee had considered the said Bill and proposed several Amendments thereto which he laid before the house.

The House approved of the said Amendments and ordered they be Inserted in the said Bill the same was accordingly Inserted

Then on motion Ordered the said Bill be read a second time Read the said Bill a second time with the said Amendments passed and Ordered to be sent to the Council

Then the House adjourned till Wednesday morning 9 oClock.


Wednesday 26th December 1759. The House met according to adjournment

Mr. Houston moved for leave to bring in a Bill to alter the method of Working on the roads in the County of Duplin

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

Mr. Houston brought in the above mentioned Bill which he read in his place passed and Ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Wyatt and Mr. Spruel

Then the House adjourned till 9 oClock tomorrow morning.


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

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

Sir—His Majesty having thought proper to repeal the Act of Assembly for Establishing Supreme Courts, the Assembly have prepared a Bill for Constituting Courts of Justice within this Province in which they have taken Especial Care to preserve to his Majesty his just rights and prerogative and to obviate the Objections which Occasioned the repeal of the said Act But as the Extensive Settlements of this Province render it Impracticable for Suitors Jurors Evidences and others to Attend a Supreme Court of Judicature at any one place within the Government, The Assembly would propose to Divide the province into five Several Districts and a Court may be Established in Each of them Invested with Competent powers for Executing the Laws and rendering the Administration of

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Justice easy and Expeditious and would therefore desire your Excellency to Appoint proper places for holding such Courts at, That the Assembly may Proceed to perfect the said Bill.

Sent the above Message by Mr. Jones and Mr. Moore.

Mr. Jones acquainted the House that he together with Mr. Moore had according to Order waited on his Excellency the Governor with the above Message and that his Excellency directed them to acquaint the House That such places as the Assembly should appoint (to-wit) New Bern, Wilmington, Edenton, Halifax and Salisbury would be agreeable to him and by Order the said places are Accordingly Inserted in said Bill.

Received from the Council the Bill for Enlarging the time allowed for saving Lotts in the Town of Halifax &c. Endorsed 21st December 1759. In the Upper House read the first time and passed.

The Bill to Enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation &c. Endorsed 21st of December 1759. In the Upper House read the second time and passed.

And the Bill for Erecting Part of the Counties of Chowan, Bertie and Northampton. Endorsed 21st Dec 1759. In the Upper House read the second time Amended and passed.

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

On Motion, Ordered, the Bill for Establishing a Court of King's Bench Courts of Common Pleas and Courts of Oyer and Terminer and General Goal Delivery for the Province of North Carolina be sent to the Council by Mr. Wynns and Mr. Smith

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

Then the House Adjourned till 9 oClock tomorrow Morning.


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

Mr. Davis moved for leave to bring in a Bill for Appointing Commissioners for finishing the Court house Already begun in the Town of New Bern and for other purposes.

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

Mr. Davis 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. Ward and Mr. Jon Jones

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On Motion Ordered, the Bill to Enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation and for other purposes be read the third time. Read the same a Third time amended passed and Ordered to be sent to the Council

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

On Motion, Ordered, the Bill for Enlarging the time allowed for saving Lots in the Town of Halifax &c, be read the second time, Read the same a second time passed and Ordered to be sent to the Council

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

Pursuant to the Order of Friday the 14th Instant Sent the Bill for Granting an Aid to his Majesty &c. to the Council by Mr. Ward and Mr. Jones.

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment

Mr. Jones moved for leave to bring in a Bill for the Appointment of Vestries

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

Mr. Jones 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. Johnston and Major Harvey.

Received a written Message from his Excellency the Governor—Vizt

Mr. Speaker and Gentlemen of the Assembly

I having by his Majesty's Orders by Commission Appointed a Store keeper for the Ordnance Stores sent as a Present to this province for fort Johnston and for the use of this province to the Value of £3,448 Sterling and taken Security of £2,000 Sterling for the discharge of his Trust and to be Accountable for the same And am Ordered to annex a Proper Salary to the said Office and to recommend it to the Assembly to provide for the payment thereof, And as I find that only £12 proclamation Money p Annum has been hitherto allowed for the Store keeper which is not Equivalent for the Trouble, Care and Correspondence he must Carry on with the Ordnance Board, and not suitable for a Gentleman Commissioned and recommended by his Majesty to the Assembly, I must therefore recommend it to you to provide a suitable Salary to the Office Equivalent

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to the Trust Care and Trouble Attending the same pursuant to my Orders from his Majesty.

ARTHUR DOBBS.

December 27th 1759.

On, Motion, Resolved the said Message lye for Consideration Then the House adjourned till to morrow morning 9 oClock.


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

On Motion, Ordered the Bill for Erecting part of the Counties of Chowan, Bertie and Northampton into a County and parish be read the third time. Read the same a Third time amended passed and Ordered to be sent to the Council

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

Received from the Council the Bill for Establishing a Court of King's Bench, Courts of Common Pleas &c.

Endorsed 29th Dec 1759—In the Upper House read the second time amended and passed

Received from the Council the Bill to Enable Wm Dry Esq to finish Fort Johnston at the Mouth of Cape Fear—And the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province

Endorsed 29th Dec 1759—In the Upper House read the second time amended and passed

Received from the Council the Message of the 7th Instant regarding the allowance of £20 to Elizabeth Chappel and also the Resolve of this House of the 22d Instant for an Allowance to the Committees who viewed Fort Granville and Fort Dobbs at Core Sound—the latter Endorsed Dec 27th 1759—the former Endorsed 29th Dec 1759—In the Upper House—Concurred with.

MATT ROWAN P. C.

On Motion, Ordered the Bill for Establishing a Court of Kings Bench Courts of Common Pleas and Courts of Oyer and Terminer and General Goal Delivery for the Province of North Carolina be read the third time Read the same a third time Amended passed and Ordered to be sent to the Council.

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

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

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Then the House adjourned till Monday Morning 10 oClock.


Monday the 31st of December 1759—The House met according to Adjournment

Received from the Council the Bill to Impower Lawrence Thompson his Heirs &c to Collect the 2 shillings Tax in Orange County &c—And the Bill for Erecting Part of the Counties of Chowan, Bertie and Northampton into a County and Parish The former Endorsed 21st Dec 1759—The latter Endorsed 29th Dec 1759—In the Upper House read the third time and passed

Ordered to be Engrossed

And the Bill to Enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation and for other purposes Endorsed 29th Dec 1759—In the Upper House read the third time and passed.

Ordered to be engrossed.

Mr. Jones moved for leave to bring in a Bill to amend an Act Intitled an Act for Building and maintaining of Court Houses, Prisons and Stocks in every County within this Province and appointing Rules for each County Prison for Debtors.

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

Mr. Jones 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. Gray and Mr. Bravard.

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment

On motion Ordered The Bill for the better Management of Orphans and their Estates be read a second time. Read the same a second time amended passed and Ordered to be sent to the Council.

Sent the said Bill to the Council by Major Harvey and Colo Mackay.

Then the House adjourned till to-morrow morning 9 oClock.

[For Journals of succeeding 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.