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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
January 01, 1760 - January 09, 1760
Volume 06, Pages 172-184

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LEGISLATIVE JOURNALS—Continued.

[In the Upper House]


Tuesday 1st January 1760. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Harvey & Col. MacKay, A Bill for the better Management & Security of Orphans and their Estates, And by Mr. Bell & Mr. Wynne, A Bill for dividing the Parish of Christ Church in the County of Craven.

On Motion, Ordered the Bill for Establishing a Court of Kings Bench & Courts of Common Pleas etc be read; Read the same the third time.

Ordered that the following Message be sent to the Assembly. Vizt

Mr. Speaker & Gentn of the Assembly.

On reading a third time the Bill for Establishing a Court of Kings Bench & Courts of Common Pleas etc, This House think the following Amendments necessary to wit, That the Restrictive Clause on the Chief Justice concerning the Clerks should be struck out. That the Clause should be reinstated (which you have Dele d). That where the Parties live in different Districts the Plaintiff should have his Choice in bringing his Action in the Court of Kings Bench or where the Defendant lives. That the Salaries for the Justices of the Kings Bench being too much, we think One Thousand Pounds an adequate Compensation for their Services. That a Clause be inserted when the Chief Justice sets off to hold any Court and should be delayed by sickness or any other unavoidable accident he should have the Twenty Six Pounds allowed him by this Bill for holding such Court. That a Poll Tax be laid for paying the Justices of the Kings Bench, and that the Clauses for appropriating the sinking fund for that purpose be struck out. To which Amendments if your House agree please to send such of your Members as you shall think proper to see the same done.

On Motion, Ordered the Bill for dividing the Parish of Christ Church in the County of Craven be read; Read the same the first time & Rejected.

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On Motion, Ordered the Bill to amend an Act, intituled an Act for building & maintaining of Court Houses, Prisons & Stocks in every County within this Province etc. And a Bill for appointing Commissioners for finishing the Court House already begun in the Town of New Bern etc be read.

Read the said Bills the first time & passed.

On Motion.—Ordered the Bill for enlarging the time allowed for saving Lots in the Town of Halifax etc, And a Bill for granting an Aid to his Majesty etc be read.

Read the said Bills the second 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.


Wednesday 2nd January 1760. The House met according to Adjournment.
Present.
The Honble Mathew Rowan Esqr
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble LewisDe Rossett Esqr
The Honble Richd Spaight Esqr &
The Honble Charles Berry Esqr

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

The House met according to Adjournment.

Present as above.

Received from the Assembly the following Message.

Gentn of His Majesty's Honble Council.

In answer to the several particulars mentioned in your Message of yesterday relative to the Bill for Establishing a Court of Kings Bench & Courts of Common Pleas etc., The Assembly would observe, That the practice of the Chief Justice, in exacting from the Clerks a considerable part of the Legal Fees, has occasioned them to be guilty of great extortion, whereby the proceedings in the Supreme Courts have been scenes of Oppression, & the Conduct of the Chief Justice and his Clerks, subject matter of Universal Complaint. That the deceased Mr. Henley (whose Death every one who wishes to see the hands of Government strengthened, the Laws duly executed & Justice impartially administered very justly Laments) from a pious sense of the obligation of an Oath, conformed to the Law of One Thousand seven Hundred & Forty Eight, for regulating Officers

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Fees. Therefore this Assembly thought themselves in Duty to their Constituents bound to provide against the pernicious Effects of the contrary conduct. However as the Assembly would fain hope that the present Chief Justice will think Mr. Henley's laudable example in this particular worthy of Imitation, they would propose to alter the Bill, so as to leave Mr. Berry, in that respect under the same circumstances, as Mr. Henley was by the aforesaid Act, if that is agreeable to your House.

In respect to striking out the Clause for appropriating the sinking Fund, the Assembly would desire to inform your House, that the contingent Fund is now £2000 in arrear, & that no Method appears so Eligible to them as borrowing money from that Fund to discharge those Arrears & replacing the same in the manner mentioned in that Clause, but if you think the Tax for that purpose is to take place at too remote a distance of time, this House would propose to replace the same by a Tax of one Shilling pr Poll to commence in the Year 1763.

As to the other Matters in your Message proposed as Amendments, the Assembly cannot consistant with the Valuable Designs of the Bill agree to them, therefore desire you will pass the Bill without such alterations being made.

If you approve of the Alterations above mentioned the Assembly will send two of their Members to see Clauses proper for those Purposes inserted in the Bill.


2nd January 1760.
SAMl SWANN Speaker.

Received from the Assembly by Mr. Smith & Mr. Harris,

A Bill for appointing Commissioners for finishing the Court House already begun in the Town of Newbern etc.

A Bill directing the Method of appointing Jury-men etc.

A Bill for appointment of Vestries.

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

A Bill to amend an Act, intituled, An Act for Building & maintaining of Court Houses, Prisons, Stocks etc. And

A Bill to amend an Act for appointing Sheriffs and directing their Duty in office and for compelling Collectors of Public Taxes and Persons entrusted with Public Money to apply and account for the same.

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 third time and passed, Ordered to be Engrossed.

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On motion, Ordered the Bill to amend an Act, intituled, An Act for Building and maintaining of Court Houses, Prisons, & Stocks etc be read. Read the same the second time & passed

On motion, Ordered the Bill for appointing Commissioners for finishing the Court House already begun in the Town of New Bern etc be read. Read the same the second time & Passed.

On motion, Ordered the Bill to amend an Act for appointing Sheriffs etc be read. Read the same the first time and passed.

On motion, Ordered the Bill for the appointment of Vestries be read. Read the same the first time and Passed.

On motion, Ordered the Bill directing the Method of appointing Jury-men etc be read. Read the same the second time and Passed.

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

Mr. Speaker & Gentn of the Assembly.

This House taking into Consideration your Message, relative to the Amendments we proposed to the Bill for Establishing a Court of Kings Bench, Courts of Common Pleas etc., We are sorry to find you persist in borrowing the Salaries for the Justices of the Kings Bench out of the Sinking Fund to be replaced by a Tax not to commence before the Year 1763.

We are of Opinion, that it would be much better to pay such Salary by a Poll Tax to be levied the ensueing year and therefore hope you will reconsider thereof & agree to insert the same in the Bill, and strike out of it all Clauses relating to the taking the Money out of the Sinking Fund & replacing it; In such case be pleased to send some of your Members to see the same & the other Amendments you have agreed to Inserted in the Bill.

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


Thursday 3rd January 1760. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Harris & Mr. Gray, a Bill to enable Wm Dry Esqre to finish Fort Johnston etc.

And by Mr. Caswell and Mr. Bravard A Bill to amend an Act intituled An Act for appointing Sheriffs etc.

On motion, Ordered the Bill to amend an Act for appointing Sheriffs etc be read. Read the same the second time & Passed.

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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


Friday 4th January 1760. The House met according to Adjournment.

Present as before.

Received from the Assembly the following Message.

Gentn of His Majesty's Honble Council.

The Assembly have naturally [maturely] considered your Answer to the Message of this House of Yesterday, but are entirely at a loss for the Reasons that induce you to insist on disagreeing to the Proposal for appropriating the Money in the Sinking Fund, & therefore would observe, That what is proposed to be borrowed from that Fund, is not intended for paying the Salaries of the Justices of the Kings Bench only, as in your Message is intimated, but for payment of a Salary to the Chief Justice & Attorney General & discharging Claims due from the Publick which already amount to upwards of Two Thousand Pounds.

That obliging the Creditors of the Public to wait for payment of their Demands, till Money can be collected by a Poll Tax will be a Treatment Injurious, & very sensibly affect the credit of the Province, and as the Expedient by you proposed will not obviate these mischiefs & no other more Eligible occurs to the Assembly, they cannot consistent with their Duty recede from their Proposal, at the same time they would take notice, that in this particular they Act in conformity to Precedents on similar occasions, & particularly to one which was first proposed & afterwards insisted on by your House in 1754—i. e. when £2,800 was applied for payment of the Salary of the Chief Justice & Attorney General & defraying Contingencies of Government to be replaced in the proper Fund in four years by a Poll Tax, when the very Act that directed the signing the said Money Provided, that it should not circulate for any use whatsoever until his Majesty's approbation thereof was obtained, Notwithstanding all which the Assembly were so careful to avoid every objection against a Bill of such importance to the Country, That they forbore to insert the Clause for applying the Sinking Fund

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until they had informed themselves that such an application was not repugnant to any instruction of His Majesty. The Assembly sincerely Lament being reduced to the disagreeable necessity of forming Bills to supply the place of those valuable Laws, which have been lately repealed, arising from misrepresentation from lucrative & Self-interested Views ever incompatible with the Public Good.

Your House may remember that allowing Salaries to the Chief Justice & Attorney General was at first intended by the Legislature as matter of Compliment (at a time when the Country was in much more affluent Circumstances than at present) and as no other Expedient can be found at this juncture of defraying that Expence, Than that above mentioned, should your House on that Account reject the Bill, care must undoubtedly be taken in forming any other for Establishing Courts of Justice to avoid inserting any Clause (however necessary) that will introduce the least charge on the Country.

These Considerations this House flatter themselves will not only convince you of the reasonableness, but necessity of retaining the Clause you Except to, and that you will pass the Bill with it. However should the Assembly be disappointed in this interesting Particular, they hope that instead of the valuable purposes by that Bill designed, their most sincere Endeavors to serve the Public will be accepted by their unhappy Constituents.

SAMl SWANN Speaker.

3rd January 1760.

On motion, Ordered the Bill to enable Mr. Dry Esqre to finish Fort Johnston etc be read. Read the same the third time and Passed. Ordered to be Engrossed.

On motion, Ordered the Bill for the better Management & Security of Orphans Estates etc be read. Read the same the second time amended and Passed.

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


Saturday 5th January 1760. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Smith & Mr. Jones, a Bill for the appointment of Vestries.

A Bill to amend an Act intituled, An Act for Building & maintaining of Court Houses, Prisons & Stocks etc.

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A Bill to amend an Act for appointing Sheriffs and directing their Duty in Office etc. &

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

On Motion, Ordered the Bill to amend an Act entituled an Act for building & maintaining of Court Houses, Prisons & Stocks etc.

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

And a Bill to amend an Act for appointing Sheriffs etc be read. Read the said three 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 third time & Passed, Ordered to be Engrossed.

Received from the Assembly by Mr. Hutchins & Mr. Churton A Bill to impower & direct the Commissioners of the Districts herein mentioned to lay out & make a road from the lower part of Anson County to Livingstones Creek Bridge on the bounds of New Hanover County.

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

On Motion, Ordered the following Message be sent to the Assembly.

Mr. Speaker & Gentn of the Assembly.

On reading your Message of the 3rd instant relative to applying the Sinking Fund, we must observe, that the breaking in upon that Fund would be such a Wound to the Public Faith, that we cannot join with you in your request. We therefore hope you will naturally [maturely] consider the Consequences of having such an important Bill rejected as we cannot pass it without you agree with us in our Message of the 2nd Instant, which if you concur with, please to send such of your Members as you shall think fitt to appoint to see the same done.

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

The House met according to Adjournment.

Present as before.

Received from the Assembly the following Message.

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Gentn of His Majesty's Honble Council.

In Answer to your Message of this day, the Assembly would observe, that they are of Opinion with you, there ought not to be an Application of the Money in the Sinking Fund unless the Circumstances of Affairs made it absolutely necessary which at present is the Case it being impracticable to pay the Debts of the Public or render the valuable Purposes of that Bill, to which your Message relates effectual but by that Expedient. The sum proposed to be Borrowed will not exceed £2,500, & as that is to be replaced by a Tax to commence in the year 1763, The Assembly apprehend that such an Application cannot depreciate the Paper Currency of the Province nor prove of Prejudice to any Individual.

These are the sentiments of the Assembly (upon naturally [maturely] considering what you recommend) and what they cannot depart from; and therefore submit it to your House whether the Public Interest will not be better promoted by passing the said Bill agreeable to the Proposals of the Assembly, than by your Rejecting it. Should your House agree to pass the Bill agreable to the said proposal, this House will send two of their Members to see the Necessary alterations made.


5th January 1760.
SAM1 SWANN Speaker.

On Motion, Ordered the Bill for Establishing a Court of Kings Bench & Courts of Common Pleas etc be read. Read the same the third time and Rejected; unless the Assembly shall send a Message to this House on Monday next consenting that the Clauses in the said Bill relative to the Sinking Fund be struck out.

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


Monday 7th January 1760. The House met according to Adjournment.

Present as before.

On Motion, Ordered the following Resolve be sent to the Assembly.

Mr. Speaker & Gentn of the Assembly.

This House have Resolved that unless you agree to strike out of the Bill for Establishing a Court of Kings Bench, Courts of Common Pleas etc, The Clauses relative to applying the Sinking Fund the said Bill will be Rejected, To which Amendments if you agree please to send such of your Members as you may think proper to see the Alterations made.

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Received from the Assembly by Mr. Hutchins & Mr. Harnett, a Bill to impower & direct the Commissioners of the Districts herein mentioned to lay out & make New Roads etc.

On Motion, Ordered the said Bill be read. Read the same the second time & Passed.

Received from the Assembly by Mr. Smith & Mr. Jones, a Bill for the Corporation of Wilmington.

On Motion, Ordered the said Bill be read. Read the same the first time and Passed.

Received from the Assembly the following Message:

Gentn of His Majesty's Council

Upon considering your Message of this Day relative to the Bill entituled a Bill for Establishing a Court of Kings Bench & Courts of Common Pleas etc The Assembly rather than see the Country reduced to such Confusion and Disorder as the want of proper Laws establishing Courts for the Administration of Justice must enevitably Introduce will agree to Expunge such other parts of the Bill as allow Salaries to the Chief Justice, Assistant Justices & Attorney General which we think a necessary Consequence of the other, and in Case you agree to this Proposal this House will send two of their Members to see the Bill altered accordingly.


7th January 1760.
SAM1 SWANN Speaker

On Motion, Ordered the aforesaid Message be taken into Consideration.

The same was taken into Consideration, And the Bill for Establishing a Court of Kings Bench, Courts of Common Pleas etc was put, and was rejected.

Received from the Assembly by Mr. Churton & Mr. Harris, a Bill for granting an Aid to his Majesty etc.

On Motion, Ordered the said Bill 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 8th January 1760. The House met according to Adjournment.

Present as before.

On Motion, Ordered the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province be read. Read the same the third time & Rejected.

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On Motion, This House Resolved that no more New Bills be received into this House during this Session.

Received from the Assembly by Mr. Mackay & Mr. Gray, a Bill for the better Management & Security of Orphans & their Estates.

A Bill directing the Method of appointing Jury Men And a Bill to impower & direct the Commissioners of the District herein mentioned to lay out and make New Roads.

On Motion, Ordered the Bill to impower & direct the Commissioners of the District herein mentioned etc be read. Read the same the third time & Passed. Ordered to be Engrossed.

On Motion, Ordered the Bill for directing the Method for appointing Jury Men, and the Bill for the better Management & Security of Orphans Estates etc lie on the Table till this day Month.

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


Wednesday 9th January 1760. The House met according to Adjournment.

Present as before.

Received from the Assembly the following Message Vizt

Gentn of His Majesty's Honble Council

The Chairman of the Committee of Public Accounts, hath reported that Thomas Barker Esqre Public Treasurer of the Northern District has paid into the said Committee £516.12.8 on the Sinking Fund; And that John Starkey Esqre Public Treasurer of the Southern District has paid into the said Committee £626.12.8 on the same Fund.

This House have appointed a Committee of the whole House to see the said several Sums burnt at the House of John Campbell in Wilmington at One o'Clock this Day, & desire you will please to appoint a Committee of your House to be present and see the same done accordingly.

SAM1 SWANN Speaker

9th January 1760.

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

Mr. Speaker & Gentn of the Assembly.

In Answer to your Message of this Day relative to burning the several Sums paid into the Committee of Accounts on the Sinking

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Fund: This House have Resolved that a Committee of the whole House join your Committee to see the same done, agreeable to your Message.

On motion, Ordered the following Message be sent to the Assembly:

Mr. Speaker & Gentn of the Assembly.

This House upon perusal of the Report of the Committee of Public Claims are of Opinion That Mr. Gregg be allowed the sum of £10 for ground rent & the use of his Wharf for two Years. Also that he be allowed the sum of £18.13.4 the Ballance due to him on his Agreement with the Committee of Council for the care of the Stores etc until the 1st December 1757.

And also that he be allowed as Store Keeper Commissioned by Order of His Majesty the sum of Fifty Pounds per Annum instead of £12, which your House have allowed, and which we can't think an Equivalent for his Services. To all which if your House agree, we shall pass the Claims.

Then the House adjourned till 3 oClock Afternoon

The House met according to Adjournment.

Present.
The Honble James Hasell Esqr
The Honble John Dawson Esqr
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr and
The Honble Charles Berry Esqr

Received from the Assembly the following Resolve.

Gentn of His Majesty's Honble Council.

This House have Resolved That the several Sums paid by the Public Treasurers into the Committee of Accounts (to-wit,) by Thomas Barker Esqre Public Treasurer of the Northern District in Treasurers Notes redeemable the 10th day of December 1758 £1275 and in said Notes redeemable the 29th September 1758 £328 all Exclusive of Interest, by John Starkey Esqre Public Treasurer of the Southern District in Treasurer Notes of the first Emission £490. In said Notes of the second Emission £2550. And also in said Notes of the third Emission £271.10—exclusive of interest also, which said several Sums this House have resolved be paid into the Hands of John Starkey Esqre Public Treasurer of the Southern District by

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the Chairman of the said Committee and be applied to the Purposes directed by the Bill for granting an Aid to his Majesty, for paying and subsisting the Forces & Militia now in the pay of this Province and for other Purposes to which desire your Honors Concurrence.

SAMl SWANN Speaker

9th January 1760.

The above Resolve was taken into Consideration & Concurred with.

Received from the Assembly the following Message.

Gentn of His Majesty's Honble Council.

This House upon considering your Message relative to making Allowances to Mr. Gregg for the matters mentioned therein are of opinion; That such Allowances are unreasonable and therefore can't agree to your Proposals and Desire you will pass the Claims as they went from this House.

SAMl SWANN Speaker.

9th January 1760.

Received from the Assembly their Estimates of Allowances, Wages etc of the several Members and Officers thereof, to which this House concurred.

Resolved that the Estimate of Allowances, Wages etc of the several Members Clerks and Officers of this House be sent to the Assembly for Concurrence.

The same was sent and received again from the Assembly concurred with.

His Excellency the Governor came to this House & sent a Message to the Assembly desiring the Immediate Attendance thereof with such Bills as have passed this Session and are Engrossed.

Whereupon Mr. Speaker attended by the House waited on His Excellency in the Council Chamber and presented him the following Acts.

1. An Act to amend and continue an Act for the better Regulation of the Militia etc.

2. An Act for granting an Aid to His Majesty etc.

3. An Act for the Appointment of Vestries.

4. An Act for erecting part of the Counties of Chowan, Bertie & Northampton into a County & Parish.

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5. An act to Amend an Act for appointing Sheriffs, and directing their Duty in Office etc.

6. An Act to impower Lawrence Thompson, late Sheriff of Orange County to collect and receive a Tax of Two Shillings Proc: Money, laid on the Taxable Persons in the County of Orange, by an Act of Assembly of this Province passed in the 30th year of the Reign of our Sovereign Lord George the Second King etc.

7. An Act for enlarging the time allowed for saving Lots in the Town of Halifax etc.

8. An Act to enable Wm Dry Esqre to finish Fort Johnston at the mouth of Cape Fear River.

9. An Act to enable the Commissioners of Port Bath and Port Beaufort to amend the Navigation, and for other Purposes.

10. An Act to impower and direct the Commissioners of the Districts herein mentioned to lay out and make New Roads.

11. An Act to Establish Warehouses for the Inspection of Tobacco in the County of Dobbs, & other purposes.

12. An Act for appointing Commissioners for finishing the Court House already begun in the Town of New-Bern, & for other purposes.

13. An Act 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.

14. An Act to amend An Act intituled an Act for building and maintaining of Court Houses Prisons & Stocks in every County within this Province etc.

To which Acts he was pleased to Assent.

Then His Excellency the Governor was pleased to dissolve this Assembly, & the same was accordingly Dissolved.

True Copy.

JNo SMITH,
Clk of the Upper House of Assembly.



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