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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
December 05, 1760 - December 06, 1760
Volume 06, Pages 343-345


At a Council held at Wilmington the 5th December 1760.
Present His Excellency the Governor.
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble John Rieussett Esqr
The Honble Richard Spaight Esqr and
The Honble Maurice Moore Esqr

Ordered That a Commission and Dedimus [issue] for the County of Granville and that Robert Harris, Samuel Henderson, Osborn Jeffries, Samuel Benton, and Philip Pryor Esqrs be restored as Justices of the Peace for the said County and that they be placed in the Commission in the same rank they formerly stood.

Whereas several complaints has been made to this Board against some of the Justices in Granville county,

Ordered That the Chief Justice and Associates enquire into the said Complaints and make return of their Opinion thereupon to His Excellency in Council

Ordered That a Commission and Dedimus issue for Pitt County and that Edward Salter, John Hardie, William Speirs, John Simpson, Edward Stafford, John Tyson, George Moy, Francis Hobson and Robert Lanier Daniel, be Justices of the Peace for the said County

Ordered That a Commission and Dedimus issue for the County of Beaufort and that Robert Palmer, John Barrow, Michael Coutanch, Robert Boyde, Samuel Boutwell, James Bonner, Philip Prichet, John Boyde, John Alderson, William Dunbar, Thomas Respass, Moses Hare, James Ellison and John Wallace be Justices of the Peace for the said County.

Ordered, That a Commission and Dedimus issue for Dobbs County and that Robert Rainey, John Baptista Sheppard, Robert Sims and Robert Reynolds be added to the said Commission

Ordered, That a new Commission and Dedimus issue for Craven County and that James Parkinson, John Benners, and Christopher Dawson Junr be added to the said Commission

Read the Petition of Thomas Cunnyngham setting forth that he obtained a Patent from his Excellency Governor Johnston dated

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the 5th day of March 1743¼ for two hundred acres of Land in New Hanover County on Lockwoods folly River and Bounding the Lands of Jonathan Swann and Thomas Bell, and whereas the Petitioner hath lately discovered that the said Land Granted as aforesaid is included on a Prior Patent now in the Possession and property of John Daniel of said County. The Petitioner therefore prays that the surrender of his said Patent be accepted and that he be no longer chargeable for the Quitrents accruing to His Majesty by virtue of said Patent and the same be Entered on the Council Journals

Ordered that upon his proving what is set forth in the above Petition that the surrender of His Patent will be accepted of.

Then was read and Granted several Warrants and Patents for Land as p Warrant and Patent Books.


At a Council held at Wilmington the 6th day of December 1760
Present—His Excellency the Governor.
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr and
The Honble Maurice Moore Esqr

Upon the Petition of many of the Inhabitants of Rowan County It is ordered That a new Commission and Dedimus issue to the said County and that William Giles, William Ellis and William Lynn be added to the said Commission and that the names of those in the former Commission dead or removed out of the County be not inserted

His Excellency laid before this Board the following Reasons for dissolving the Assembly which he desired might be inserted in the Journals and were as follows.

1st. Because the Assembly in the first Session at New Bern arbitrarily admitted a person to sit in that House as a Member without His Majestys Writ.

2d That during the same Session the Chairman of the Committee of Elections upon calling for a Sheriffs return in respect of a County Election cursorily reported the same to the House and the Assembly in Consequence thereof expelled a Member of that House without a hearing

3d That during the same Session the Assembly refused to receive a Message from the Governor for near five hours having resolved themselves into a Committee of secrecy, wherein no Member was to communicate the proceedings of that day under pain of Arbitrary expulsion

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4th That during the short Prorogation at New Bern the Governor desired to see the Proceedings of the Assembly and Particularly the Resolutions framed in the secret Committee which the Speaker in Person absolutely refused, alledging he must correct and amend them, and in Virtue of that Pretence withheld them from the Governor for the space of six days.

5th That the Assembly during the second Session took upon them by a Vote of that House to appoint one Anthony Bacon rejected by the Council in the preceeding Assembly the Agent for this Province with an annual Salary, thereby assuming to themselves the sole right of nominating an Agent and confirming that nomination independent of the other Branches of the Legislature solely by a vote of that House.

6th That the Assembly who when they met in June last raised three hundred men for the defence of the Frontier with only Twenty five members refused when convened on the like occasion in October to proceed upon Business without a Majority of the whole House expressly contrary to His Majestys Instructions, which they give out are no wise binding on them, or in no wise to be regarded by them.

7th That the Speaker from his great influence in the Assembly debates from the Chair and after a Division puts the question over again in a different manner, whereby it has happened that a Majority has been declared contrary to the first Question a Method inconsistant with the established Rules and usage of Parliament



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