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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 24, 1760 - May 23, 1760
Volume 06, Pages 362-420

[From MSS. Records in Office of the Secretary of State.]
North Carolina—ss.

At an Assembly, begun and held at New Bern, the Twenty Fourth day of April in the Thirty third year of the reign of our Sovereign Lord George the Second, by the Grace of God of Great Britain, France and Ireland, King &c., and in the year of our Lord One Thousand seven hundred and sixty; being the first Session of this present Assembly—

Received from the Clerk of the Crown, Certificates of the Return of the following Writs for Electing Members for the several Counties and Towns in this Province, to sit and vote in this present Assembly—Vizt

Onslow County—Samuel Swann, John Starkey.

Craven County—James Davis, Thomas Graves.

Carteret County—Joseph Bell, Moses Houston.

Dobbs County—Richard Caswell, Abraham Shepard.

Johnston County—John Hinton, Needham Bryan.

Beaufort County—John Barrow, John Simpson.

Hyde County—Thomas Barrow, Wm Webster.

New Hanover County—George Moore, John Ashe.

Bladen County—Wm Bartram, Robert Howe.

Anson County—Anthony Hutchins, Charles Robinson.

Halifax County—Blake Baker, Alexander McCulloch.

Chowan County—Thomas Child, Thomas Barker, Francis Corbin, Samuel Johnston, Edward Vail.

Duplin County—Andrew Thompson, William McGehee.

Bertie County—William Williams, John Hill.

Perquimans County—Benjamin Harvey, Richard Saunderson, John Harvey, Francis Brown, Thomas Bonner.

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Newbern—Joseph Leech.

Edenton—Joseph Hewes.

Wilmington—Cornelius Harnett.

Brunswick—Maurice Moore.

Bath Town—Michl Coutanch.

Mr. Johnston and Mr. Harnett waited on his Excellency the Governor and acquainted him that a Majority of the Members of this Assembly were met; who being returned brought for answer; That His Excellency said he would send some of the Members of his Majestys Council to qualify them.

Richard Spaight and Maurice Moore, Esqrs Members of His Majesty's Honourable Council came to the House and were present when the foregoing Members, except Mr. Maurice Moore, Mr. Thomas Bonner, and Mr. Richard Saunderson appeared and took the Oaths by Law appointed for their Qualification and subscribed the Test

His Excellency sent a Message, requiring the Attendance of the Members in the Council Chamber.

The Members qualified waited on his Excellency the Governor in the Council Chamber, when His Excellency directed them to return and make Choice of a Speaker.

Mr. Howe and Mr. Harvey waited on his Excellency the Governor, and acquainted him that the Members had made Choice of a Speaker and desired to know when they should wait on his Excellency and present him; who on their Return, reported that his Excellency desired the immediate attendance of the Members in the Council Chamber.

The Members waited on his Excellency the Governor in the Council Chamber, and presented to his Excellency Samuel Swann Esqr for their Speaker.

His Excellency was pleased to approve of their Choice; whereupon Mr. Speaker requested his Excellency that [he] would protect the Assembly in their ancient Rights and privileges, exercising a Power over their own Members; and that they may enjoy Freedom of Debate, as of Right they have used and been accustomed:

To which his Excellency answered, that he should always protect the Assembly in the Exercise of their just Rights and Privileges; and then made a Speech to his Majesty's Council and this House a Copy of which, to prevent mistakes, Mr. Speaker obtained; which he laid before the House.

Ordered, That the same be Read. Read the same, as follows vizt

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[For the Governor's address see Journal of the Upper House.—Editor.]

On Motion, Ordered That the Clerk of the Crown lay before the house the Writs for the Election of Representatives for the several Counties and Towns within this Province, with the several returns on the same, To-morrow; and that he be served with a Copy of this Order.

On Motion Ordered Mr. Robert Howe, Mr. John Ashe, and Mr. George Moore do prepare an Address in Answer to his Excellency the Governor's Speech, and lay the same before the House for Approbation.

On Motion, Resolved, That a Committee of Privileges and Elections be appointed; and Mr. Child, Mr. Barker, Mr. Starkey, Mr. Harvey, Mr. Howe, Mr. Ashe, Mr. Corbin, Mr. Johnston, and Mr. Hill are accordingly appointed; and that they have Power to send for Persons, Papers, and Records for their Information

Resolved, That a Committee of Propositions and Grievances be appointed, and Mr. Baker, Mr. Harvey, Mr. McCullock, Mr. Starkey, Mr. Bell, Mr. Coutanch, Mr. Davis, Mr. Caswell, Mr. Bartram, Mr. Hill, Mr. Brayan, Mr. Hutchins, Mr. Harnett, Mr. McGee, Mr. Moore, Mr. Barrow, Mr. Leech, Mr. Hewes are accordingly appointed

Then the House adjourned till to morrow morning 10 oClock

The House met according to Adjournment

Mr. Waddell and Mr. Frohock the Representatives for the County of Rowan; Mr. McNeal, and Mr. Gibson, the Representatives for Cumberland County; Mr. Washington, and Mr. Jones Jur. the Representatives for Northampton County, appeared took the Oaths appointed by Law for their Qualification, subscribed the Test, and took their seats in the House

Received from the Clerk of the Crown a Certificate of the Return of Writs for electing Representatives for the County of Granville, in these Words: That the said Sheriff of the County of Granville, was [in] a riotous and violent manner, obstructed in taking the Poll for representatives for the said County, by means whereof, he could not attend the Execution of his Office therein; so no person or persons were elected to represent the said County as by the Writ and Return herewith sent Appears.

The Sheriff of the County of Halifax returned to the House a Certificate of the Election of Mr. Stephen Dewey, Representative for

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the Town of Halifax in the said County to sit and vote in this present Assembly.

On Motion, Resolved, That the said Mr. Dewey, a Representative for the said Town of Halifax, is duly elected according to Law, to sit and vote in the present Assembly.

Pursuant to the Returns aforesaid the following Members appeared, to wit, Mr. Dewey, Mr. Lowry, Mr. Swann, jur, Mr. Bonner and Mr. Saunderson, took the Oaths by Law appointed for their Qualification, subscribed the Test, and took their seats in the House

On Motion, Ordered, That Mr. Dewey, Mr. Jones and Mr. Swann Jun, be added to the Committee of Privileges and Elections.

On motion, Ordered, That Mr. Barrow, Mr. Waddell, Mr. Jones, Mr. Gibson and Mr. Dewey, be added to the Committee of Propositions and Grievances.

His Excellency the Governor laid before the House a Letter, dated January the 7th 1760, from Mr. Secretary Pitt; and also, a Duplicate of a Letter from General Amherst, dated the 21st of February, 1760 which were read, And

On motion, Ordered, That the said Letters lie for Perusal and Consideration of the Members.

Then the House adjourned till 4 oClock Afternoon.

P. M. The House met according to Adjournment

The Petition of William Little was presented and Read setting forth that a Number of Voices at the Election for Representatives for the County of Anson to sit and Vote in this Present Assembly were refused or Neglected to be received in favour of your Petitioner which would have given a Great Majority of Voices in his favour—Praying the House would take the same into Consideration

Whereupon on motion Resolved the said Petition be referred to the Committee of Privileges and Elections and that the said Committee Examine into the Allegations thereof and Report their Opinion thereon to the House.

Mr. Harnett acquainted the House that Maurice Moore Esqr who was Returned a Representative for the Town of Brunswick is Qualified a Member of His Majesty's Honble Council and therefore disqualified himself to serve as a Member of this House for the said Town, Therefore moved that his Excellency be addressed to direct the Clerk of the Crown to Issue a Writ to Elect a Member for the said Town to sit and vote in this present Assembly

Ordered his Excellency be Addressed Accordingly

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Read the Petition of William Gray of Bertie County setting forth that he was duly Elected one of the Representatives for the said County to sit and vote in this present Assembly and that the Sheriff of the said County has refused to return him as such. Praying the House to make such Order thereon as to them shall seem meet Whereupon on Motion Resolved the said Petition be referred to the Committee of Privileges and Elections and that the said Committee Examine into the Allegations of the said Petition and report their Opinion thereon to the House

Then the House adjourned till tomorrow morning 9 oClock


Saturday the 26th of April 1760. The House met according to Adjournment

On Motion Resolved the Reverend James Reed be appointed Chaplain to this House and that he meet the House daily at 9 oClock in the Morning in order to perform Divine Service

Mr. Simpson laid before the House a Certificate from the County Court of Beaufort thereby Certifying that Robert Dunbar son of William Dunbar of the said County is deaf and Dumb, and recommending him to be Exempt from paying Public Taxes

Ordered he be Exempt Accordingly

Then the House adjourned till 9 oClock Monday Morning


Monday the 28th of April 1760. The House met according to adjournment

Mr. Barker from the Committee of Privileges and Elections, Reported that the Committee had met and took under their Consideration Several Writs of Election to them referred and came to several resolutions which he read in his place and delivered in at the Table where the same was again read by the Clerk as follows—(viz)—Resolved, that it appears to this Committee that a Writ for Electing representatives for the County of Granville dated the seventh day of March 1760 hath been Issued and delivered to the Sheriff of the said County who in obedience to the Command thereof summoned the Inhabitants of the said County to meet at the day and place in the said Writ specified and to Elect two Representatives as by the said Writ he was directed and that he Endeavoured to Execute the same but was obstructed by Sundry Persons in such a manner that he could not compleat a free and open Election.

2d. Resolved that the Proceedings of the said Sheriff on the said Writ are Void

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3rd. Resolved That it appears to this Committee that the said Sheriff at the time and place Appointed for the said Election Appointed and swore one Reuben Searcy of the said County of Granville one of his Clerks for taking a Poll of the Voters Suffrages

4th. Resolved—That it Appears to this Committee that the said Reuben Searcy shewed great Partiality therein and Acted in several Instances in a manner subversive of the rights and Freedom of Elections—

THOs BARKER Chn

To which Resolves the House Agreed.

On Motion Resolved That His Excellency be Addressed to direct the Clerk of the Crown to Issue a writ for Electing Two members for Granville County to sit and vote in this present Assembly as the Sheriff of the said County was obstructed in the Execution of the Writ last Issued for Electing Members for the said County whereby the same became Void

On Motion Resolved that Reuben Searcy who was appointed by the Sheriff of Granville County one of his Clerks for taking the Poll of the voters Suffrages at the said Election having shewn great Partiality in the Execution of that trust be sent for by the Serjeant at Arms attending the House in Custody to answer such Behaviour and that Mr. Speaker issue his Warrant accordingly.

Mr. Dewey moved that a Committee be appointed to prepare and bring in a Bill for Establishing Superior Courts of Pleas and Grand Sessions—And on Motion Ordered that Mr. Dewey Mr. Child and Mr. Barker be a Committee to prepare and bring in the said Bill

Mr. Starkey moved that a Committee be appointed to prepare and bring in a Bill for Establishing Inferior Courts of Pleas and Quarter Sessions in several Counties in this Province.

On motion Ordered that Mr. Starkey, Mr. Barker, Mr. Jno Harvey, Mr. Saml Swann Jr, Mr. William Williams and Mr. James Cary are accordingly appointed

John Swann, and Lewis De Rossett Esqrs Members of His Majesty's Honble Council Attended And Mr. Duncan Lemon, Mr. Wm Haywood, Mr. James Washington, Mr. Jacob Farrow, Mr. Wm Ferebe Mr. James Cary jr Appeared took the Oaths Appointed by Law for their qualification subscribed the Test and took their Seats in the House.

Ordered the following Message be sent to the Governor—Vizt

To His Excellency Arthur Dobbs Esqr Capt Gel, Gov &c.

Sir—The Sheriff of Granville County having returned the Writ

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to him Directed for Electing Two members for the said County to sit and vote in this present Assembly that he was obstructed in the Execution of that Writ by means whereof no members were Elected for the said County as by the said Writ he was Commanded—This House therefore desire your Excellency will please to direct the Clerk of the Crown to Issue another Writ to Elect Two Members for the said County to sit and vote in this Present Assembly.

SAMl SWANN Speaker
By Order
Wm Herritage Clk.

28th April 1760.

Mr. Jones moved a Committee be appointed to prepare and bring in a Bill for making provision for an Orthodox Clergy and Establishing Vestries and ascertaining their duty and Power,

And on Motion Ordered that Mr. Jones, Mr. Starkey, Mr. Caswell and Mr. Corbin prepare and bring in the same.

Mr. Dewey laid before the House the Petition of Daniel Elebank and James Martin Inspectors of Tobacco at the Town of Halifax in the County of Halifax and several others—setting forth that a large Quantity of Tobacco has been brought to the Inspection there and that more would have been brought but have not ware house room to House the same &c.

Praying an Augmentation of their present Wages and that a Law may be made for an additional Salary to that Office and that the time for reception of Tobacco there may be enlarged.

And moved that a Committee be appointed to prepare and bring in a Bill pursuant to the Prayer of the said Petition, and Mr. Dewey and Mr. McCulloch and Mr. Barker are accordingly appointed to prepare and bring in the same

Mr. Starkey moved for leave to bring in a Bill for regulating Orphans and securing their Estates.

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

On motion Ordered a Committee be appointed to state and settle the Public Accounts of this province And Mr. Jones, Mr. Harnett, Mr. Corbin, Mr. Joseph Hewes, Mr. John Harvey, Mr. Coutanche, Mr. McCulloch, Mr. Leech, Mr. Benjn Harvey and Mr. Moore are accordingly appointed.

On motion Ordered That a Committee [be appointed] to settle and allow the Public Claims of this Province, And Mr. Starkey, Mr. Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. Wm Williams, Mr.

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John Barrow, Mr. Frolock and Mr. James Cary are accordingly appointed

Resolved the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council.

This House have appointed Mr. Jones, Mr. Harnett, Mr. Corbin, Mr. Hewes, Mr. John Harvey, Mr. Coutanche, Mr. McCulloch, Mr. Leech, Mr. Benj. Harvey and Mr. George Moore a Committee of this House to state and settle the Public Accounts of this Province, And Mr. Starkey, Mr. Ashe, Mr. Vail, Mr. Caswell, Mr. Bartram, Mr. Wm Williams, Mr. Jno Barrow and Mr. Cary 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 the aforesaid Purposes.


28th April 1760
SAMl SWANN Speaker

The Petitions of several of the Inhabitants of Anson County was Presented and Read—Setting forth that they are in great danger of being robbed and murthered by the Cherokee Indians &c. Praying Relief &c.

Ordered the said Petition lye for Consideration.

The Petitions of Thomas Casey and Robert Campbell were presented and Read

Ordered the said Two Petitions be referred to the Committee of Claims.

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Ashe from the Committee Appointed to prepare an Address in Answer to His Excellency the Governors Speech Reported the Committee had prepared the same and which he laid before the House for Approbation.

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


North Carolina.

To His Excellency Arthur Dobbs Esqr Capt. General, Govr and Commander in Chief in and over the said Province.

Sir—We His Majesties most dutifull and Loyal Subjects the Members

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of the Assembly of North Carolina return your Excellency our thanks for your Speech at the Opening of this Session.

We Congratulate your Excellency on the success of His Majestys Arms by Sea and Land wherein providence has evidently displayed itself by defeating the destructive Machinations and Wicked Designs of the Powers Combined to destroy the Protestant interest and the Peace of Europe.

We shall take into Consideration what your Excellency has recommended with respect to the Supplies and should be glad your Excellency as requested by your last Assembly would be pleased to lay before us an Account of the Application of the Public Moneys which have been Intrusted to your direction of which we expect there will be a Considerable Surplus and we hope it will be in our power for [to] furnish the Supplies at Present required without imposing an Additional Tax on the Province, Already greatly impoverished by repeated and high Taxations.

We thank your Excellency for the Justice you have done us in your Acknowledgment of the warmth we have hitherto shown in defence of his Majestys just Rights and our Religion and Liberties, And beg leave to Assure your Excellency that if the reduced state of the County should not permit us to be so liberal as other Provinces the most Loyal is not animated with greater Zeal for the success of his Majesty's Measures and the Preservation of his sacred Person and Illustrious family.

We shall give great attention to what your Excellency has said in regard to the Bills for Establishing Courts of Justice and Vestries as being of the highest Importance to the Interior Peace and well being of this Province which on the one hand is in danger of falling into Anarchy and Confusion from the unrestrained Licentiousness of Mobbs and Insurrections and on the other into Prophanenes and Irreligion from the defeat of a Proper Provision for the Clergy—And your Excellency may be assured that we shall take proper Care to appoint an Agent and give due attention to every thing else you have mentioned. We beg leave Sir to make some observations on the two speeches of your Excellency made to your former Assembly the one at the Prorogation in May last, the other at the dissolution in January following—Copies of which you declined giving to the Speaker that the House had not the usual opportunity of Explaining such part of their Conduct as seemed to have been the subject of your Excellencys Animadversion. In that at the Prorogation you was pleased to express great displeasure that an Aid had

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not been Granted and to place the Blame of the miscarriage of the Bill brought in for that Purpose on the Assembly Altho' it was rejected not in their House but by the Council—Indeed it was Intimated by your Excellency that the Bill was unconstitutional by the Inserting Clauses foreign to the Aid but as you did not Condescend to mention any Exceptionable Clause in Particular it is difficult to give a particular answer to so general a Charge however your Excellency will be pleased to Remember that the Bill was formed for no other Purpose than Granting an Aid to his Majesty and appointing an Agent for the Province both which were recommended by Mr. Secretary Pitts Letter and tho it gives us the greatest Concern to differ in sentiment with your Excellency on any Occasion we cannot help thinking the Bill was well adapted to Answer the Purposes Proposed by Mr. Secretary Pitt, and beg leave to observe that this was the first Instance in which your Excellency or any of your Predecessors have taken Exception to the manner in which the Assembly have formed a Bill for supplies

At the Sessions in January last tho the Assembly had granted the Supplies then required yet having prepared Two Bills successively for Establishing Courts of Justice both which were rejected by the Council a Dissolution insued at which your Excellency in your Speech was pleased to take Exception to the Manner in which the Treasurers gave in their Accounts in that they were not passed before your Excellency Whereas the Treasurers are by Law to Account with the Assembly—And the Constant Practice has been to Account before a Committee Appointed to report the State of the Accounts to the House who reexamine them on the report of such Committee, in this manner they have hitherto accounted agreeable to Law and the uninterrupted usage with respect to the Sheriff Indeed we have Observed deficiencies in several of their Collections, but in the Present Confused Scituation of Affairs from the Turbulent Disposition of factions Caballs and dangerous Insurrections we cannot with reason suppose that they more than Magestrates and other Officers are Capable of fully complying with the duties of their respective Functions tho' we hope and doubt not that those inconveniencies will be removed on the Establishing Courts of Justice on a Respectable Foundation

Permit us sir to assure you that these matters are only mentioned in consequence of the duty we owe to our Constituents with whose Liberties we are intrusted—And not to raise disputes with your Excellency. On the Contrary it will give us the highest Pleasure so

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far as is Consistant with the rights and Liberties of a free and loyal People who never refused a single Aid you have required gladly to cooperate with you in everything that may contribute to his Majesty's Service and the Interest of the Province, And we shall avoid all occasion of unnecessary altercation whereby the harmony which ought to subsist between the several Branches of the Legislature might be Interrupted

SAMl SWANN Speaker.

Then the House adjourned till tomorrow morning 9 oClock.


Tuesday the 29th of April 1760 The House met according to Adjournment

Mr. Barker Presented the Petition of the Vestry of Edgcomb Parish in the County of Halifax Setting forth that the said Vestry had Employed the Revd Thos Burgess as Minister of the said Parish at one hundred and Twenty Pounds p annum agreeable to an Act of Assembly at the time of the said Agreement in force and the said Act being repealed they apprehend no certain Provision for the enforcing the said Agreement—Praying an Act may Pass to Confirm and Establish the said Thomas Burgess minister of the said Parish during his Natural Life

On Motion Ordered Mr. Barker prepare and bring in a Bill pursuant to the Prayer of the said Petition

On Motion Ordered That Henry Deton who was appointed assistant Clerk to the Clerk of the Assembly, and Clerk to the Committee of Public Accounts of this Province be sent for in Custody of the Serjeant at arms, attending this House and that he bring with him all books and Papers regarding the Public Accounts. And also all other Books and Papers belonging to the public which he at any time hath received in his Custody as Assistant Clerk of the said Committee or otherwise and that Mr. Speaker Issue his Warrant accordingly.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Colo Harvey and Mr. Harnett waited on his Excellency the Governor and acquainted him the House had Prepared an Address and desire to know when he will be pleased they should wait on him and present the same, And being returned Reported that his Excellency

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desired the Immediate attendance of the House in the Council Chamber

Mr. Jones Presented the Petition of Several of the Inhabitants of this Province relative to the Establishing Courts of Justice &c.

And on Motion Ordered the said Petition be referred to the Committee Appointed to bring in a Bill for Establishing Superior Courts of Pleas and Grand Sessions.

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber where Mr. Speaker presented His Excellency with the Address of this House. To which his Excellency returned for Answer a Copy of which to prevent mistakes Mr. Speaker obtained.

And on Motion Ordered the same be read Read the same and is in these words (to wit)

Mr. Speaker & Gentlemen of the Assembly.

I return you thanks for the warm Congratulations you express for the surprising success of His Majestys Arms and for your promise of co-operating with me in every thing for his Majesty's Service and the Interest of the Province, and to preserve the Harmony so necessary at this Juncture between the several branches of the Legislature.

I have already Pursuant to your former Address laid before you the Accounts lately sent to me from New York and the Officers who served on the Ohio are ready to Account when required by the General Assembly for the sums they received upon that Account, as no money went thro' my hands I having only issued Orders to the Treasurers which the Persons who received the Money to account for.

The Occasion of loosing the Aid Bill you mention was from the tacking a Clause of a Different Nature to the Aid Bill which is Certainly unconstitutional.

As to the Notice you have taken of the Observations I made at the dissolutions of the Assembly, I am only to Inform you that I acted in pursuance of my Instructions which requires me to see the Accounts are properly audited which then I am to lay before the General Assembly and afterwards transmit them to England; If his Majesty withdraws that Instruction I shall gladly acquiese in it I thought it then my duty to inform you that the Accounts Produced were not regular as no list of Taxables were laid before you by the Northern District nor any arrear returned so as to Inform the General

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Assembly what should be the Amount of the Tax or whether the deficiency was occasioned by the Sheriffs or from the Neglect of the Treasurers, for if the Amount of the Taxes is not certainly known and properly Collected the burthen must be Increased upon your Cunstituents.

I shall always Endeavour to the utmost of my Power to Promote the harmony between the several branches of the Legislature and readily concur in every Measure that may conduce to the Happiness and Prosperity of this Province

Received from his Excellency the Governor a verbal Message by Mr. Powell Acquainting the House that his Excellency had received a Letter from William Bull Esqr Lieutenant Govr of South Carolina which he sent to the House for their Perusal The same was read and on motion Ordered the said Letter lye for Consideration.

Then the House adjourned till 9 oClock to morrow morning


Wednesday the 30th of April 1760 The House met according to Adjournment.

Mr. Tyree Harris one of the Members for Orange County appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his seat in the House.

Mr. Waddell presented two petitions from several of the Inhabitants of Orange County Setting forth that the Indians have committed several depredations and Murders on the Frontier Inhabitants of this Province—Praying a Fort may be Erected That Arms and Ammunition may be sent them and such other Relief as shall be thought proper.

On Motion Ordered the said two Petitions lye for Perusal and Consideration of the Members

Mr. Barker from the Committee of Privileges and Elections Reported that the Committee had come to several Resolutions which he was ready to lay before the House if they would be pleased to receive the same.

Resolved the same be received and Read; Read the same as follows Vizt

The Committee of Privileges and Elections have had under their Consideration a Writ directed to the Sheriff of Perquimons County for electing representatives for the same and the return of the said Writ and have come to the following resolutions thereupon.

Resolved, that it appears to this Committee that the Sheriff by

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Virtue of the said Writ hath returned Mr. John Harvey, Mr. Benjamin Harvey, Mr. Richard Saunderson, Mr. Francis Brown and Mr. Thomas Bonner representatives for the said County to sit and vote in the Assembly.

Resolved, That the said Mr. John Harvey, Mr. Benj Harvey, Mr. Richard Saunderson and Mr. Thomas Bonner are duly Elected and Returned representatives for the said County.

Resolved, the said Francis Brown is rendered incapable to sit and Act in Assembly as a representative for the said County and that the return of the said Sheriff so far as relates to Mr. Francis Brown is void.

THOS. BARKER Chairman

To which the House agreed.

Then the House took under Consideration the above Reports and on hearing Mr. Francis Brown regarding his Capacity to sit and vote in this present Assembly and fully and maturely having Considered the same—

Resolved That the said Francis Brown is Incapable to sit and vote in this Present Assembly and that his Excellency be addressed to direct the Clerk of the Crown to Issue a Writ for Electing a Member for the County of Perquimons to sit and vote in this Present Assembly in the room and stead of the said Mr. Francis Brown

Mr. Jones moved that the Committee appointed to prepare and bring in a Bill for making Provision for an Orthodox Clergy Establishing Vestries and Ascertaining their duty and Power, be discharged accordingly

Resolved, the said Committee be discharged accordingly

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen—

In answer to your Message relative to the Committees, we have appointed the Honble Lewis DeRossett, Richard Spaight and Charles Berry Esqr a Committee of this House to state and settle the Public Accounts, And the Honble John Swann, John Dawson and Maurice Moore Esqrs a Committee of this House to settle and alow Public Claims.


30th April 1760.

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

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Sir—It appearing to this House that the Election of Mr. Francis Brown one of the Members Elected for the County of Perquimons is Void Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to Issue a Writ for Electing a Member for the said County of Perquimons to sit and Vote in this present Assembly in the room and stead of the said Francis Brown.

Then the House Adjourned till tomorrow morning 9 oClock


Thursday 1st May 1760. The House met according to Adjournment.

Mr. Thomas Taylor and Mr. Jervis Jones two of the Members for Pasquotank County and Mr. Stephen Williams, Mr. Wm Bray and Mr. Caleb Everidge three of the Members for Currituck County appeared took the Oaths appointed by Law for their qualification subscribed the Test and took their Seats in the House.

Then the House Adjourned till tomorrow morning 9 oClock


Fryday the 2nd of May 1760. The House met according to adjournment

Mr. Dewey from the Committee appointed to prepare and bring in a Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the Proceedings therein Reported that the Committee had prepared the same which he was ready to Present—If the House will receive it

On Motion Ordered the said Bill be received and read the same the first time passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Hewes and Mr. Harnett

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Starkey 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 same which he was ready to Present, If the House will receive it

On Motion Ordered the said Bill be received and Read.

Read the same the first time passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Cary and Mr. Swann Jr.

Mr. Caswell moved for leave to absent himself from the service of

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the House till Monday next—And Mr. Coutanch moved for leave to absent himself from the service of the House till Tuesday next.

Ordered Mr. Caswell and Mr. Coutanch have leave to absent themselves accordingly

On Motion Ordered Mr. Vail, Mr. Leech, Mr. Ashe, Colo Waddle and Colo Bartram do prepare and bring in a Bill for the better Regulation of the Militia and other Purposes.

Then the House Adjourned till 9 oClock tomorrow morning


Saturday the 3d of May 1760. The House met according to Adjournment

Received from the Council the Bill for Establishing Superior Courts of Pleas and Grand Sessions &c Endorsed In the Upper House read the first time amended and passed 2d May 1760.

And Also the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province Endorsed In the Upper House read the first time and passed 3d May 1760

Mr. Starkey according to Order brought in a Bill for the Better Care of Orphans and Security and Management of their Estates, 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. Gibson and Majr Harvey.

Mr. Jones moved for leave to bring in a Bill for Establishing Vestries.

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

Mr. Jones according to Order brought in a Bill for establishing Vestries 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. Thompson and Mr. Magee

On Motion, Resolved that the Governors Speech made at the opening of this Session Mr. Secretary Pitt's General Amhersts Letters therein referred to and the Letter of Lieutenant Govr Bull, the several Petitions from the Frontier Inhabitants of this Province relative to the depredations Committed by the Cherokee Indians and the Governors answer to the Address of the Assembly be taken under Consideration and that the House Resolve itself into a Committee of the whole House for that purpose on Monday next.

Resolved—The House resolve into a Committee of the whole

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House to Consider of the above mentioned Speech, Answer, Letters and Petitions on Monday Next.

Received from the Council the bill for the better care of Orphans and management and security of their Estates. Endorsed in the Upper House read the first time and passed 3rd May 1760.

On Motion, Ordered. Mr. Howe and Mr. Cary be added to the Committee appointed to prepare and bring in a Bill for the better regulation of the Militia and other Purposes.

Mr. Jones moved for leave to bring in a Bill for making Provision for an Orthodox Clergy.

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

Mr. Jones according to Order 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 and Passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Corbin and Mr. Johnston.

Then the House adjourned till Monday Morning 9 oClock.


Monday the 5th of May 1760. The House met according to adjournment.

Mr. Baker according to Order brought in a Bill to confirm an Agreement made by the Present Church Wardens and Vestry of Edgcomb Parish in the County of Halifax with the Revd Mr. Thomas Burgess 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. Neal and Mr. Magee.

Mr. Bell Presented the Petn of Nathan Yeomans late deputy Sheriff of Carteret County which is Ordered to be read—Read the same as follows Vizt

To the Worshipful the Speaker and the rest of the Members of the Assembly

The Humble Petition of Nathan Yeomans late deputy Sheriff of Carteret County—

Sheweth—That [on] his way by water to settle with and pay the Public Treasurer of the Southern District for the Taxes due from the County of Carteret for the year 1758 the Vessel in which he was, over sett with the sum of £175—which he had received for the said Taxes by means whereof the said sum of money was lost &c,

-------------------- page 379 --------------------

Praying a remission of the said sum or such other Relief as this Assembly shall think meet and just &c.

On Motion Resolved the said Petn be rejected

Received from the Council the Bill for Establishing Vestries. Endorsed 3rd May 1760. In the Upper House read the first time amended and passed

Mr. Dewey, Pursuant to Order brought in a Bill for Enlarging the time for the Inspecting Tobacco at the Public Warehouses in the Town of Halifax for Encreasing the Salaries of the Inspectors of the said Warehouse and for other Purposes therein mentioned, 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. McNeal and Mr. Magee

On Motion Ordered the Bill for Establishing Vestries be read a Second time. Read the same a Second time amended passed and Ordered to be sent to the Council

Received from the Council the Bill for making Provision for an Orthodox Clergy,

And the Bill to Confirm an Agreement made by the Present Church Wardens and Vestry of Edgcomb Parish in Halifax with the Revd Thos Burgess

And also the Bill for Enlarging the time for the Inspection of Tobacco at the Public Warehouse in the Town of Halifax &c

Endorsed 5th May 1760. In the Upper House read the first time and passed

Sent the Bill for Establishing Vestries to the Council by Mr. Ashe and Mr. Howe

The Order of the day being read The House Resolved into a Committee of the whole House to Consider the Governors Speech made at the Opening of this Session &c and unanimously chose Mr. Starkey Chairman who took the Chair Accordingly

After the said Letters Speech &c were read and Considered by the Committee the said Committee came to several Resolutions which Mr. Chairman was directed to report to the House and then

On Motion Resolved the Committee rise and Mr. Speaker resume the Chair.

Mr. Speaker resumed the Chair.

Mr. Chairman Reported That the Committee of the whole House have had under their Consideration His Excellency's Speech made

-------------------- page 380 --------------------
to the Assembly at the opening of this Session, Mr. Secretary Pitts Letter of the seventh of January and General Amhersts of the 21st of February last therein reffered to. His Excellencys answer to the Address of the Assembly, Lieutenant Governor Bulls Letter and the Petitions of the Inhabitants on the Frontiers of this Province to them reffered and have come to several resolutions thereupon, Vizt

1. Resolved that as great a number of Men as the unhappy circumstances of this Country will allow be raised with the utmost dispatch to joyn his Majesty's other Forces in offensive opperations against the Common Enemy or be Employed in Preventing the further depredations and Cruel Murders committed by the Cherokees on the Frontier of this and the neighbouring Provinces

2. Resolved That an Aid be granted to His Majesty sufficient to defray the Expence of raising Cloathing and Paying such forces

3. Resolved that Establishing a Vestry of each respective Parish with Proper Power to raise a Competent Salary and Provision for the Minister thereof and the due Management of Parochial Affairs may tend to Encourage Orthodox and Learned Clergymen to settle in this Province and to Promote true Religion and Piety

4. Resolved That Establishing Superior Courts of Justice in this Province on a respectable foundation and under proper Regulations will render the Administration of Justice Easie and Expeditious and be a Security to the lives Liberty and Property of the subject.

5. Resolved That the Establishing an Inferior Court in every County will promote good Order and due observance of the Laws and be of Essential Service to the Trading Interest of this Government

6. Resolved That a Person of Integrity Experience and Address be Constituted Agent of this Province and a Committee of Correspondence Appointed and authorized to Communicate to him from time to time such matters relative to this Government as it shall be thought necessary to have represented to His Majesty or the several Boards in England

7. Resolved that it is the Indubitable right of the Assembly to frame and model every Bill, whereby an Aid is Granted to his Majesty in such manner as may render the same most effectually conducive to his Majestys Service and the Honor and Interest of the Crown and that every Attempt to deprive them of the Enjoyment thereof is an Infringement of the rights and Privileges of the Assembly.

8. Resolved That the Method Observed by the Treasurers in stating their Accounts Exhibited to the last Session of Assembly was

-------------------- page 381 --------------------
agreeable to the directions of the several Laws of this Province by virtue whereof the money by them Accounted for was levied And Consonant to Constant and uninterrupted usage—And that the method Proposed by His Excellency is unprecedented and repugnant to Law.

To which the House Agreed.

On motion, Resolved the House resolve into a Committee of the whole House to take into Consideration the Bill for Establishing Superior Courts of Pleas and Grand Sessions to morrow morning

On motion, Resolved the House resolve into a Committee of the whole House to take into Consideration the Bill to Establish Inferior Courts of Pleas and Quarter Sessions to morrow.

Then the House adjourned till tomorrow morning 9 oClock


Thursday the 6th of May 1760 The House met according to Adjournment

Mr. Benjn Harvey whose Indisposition rendered him Incapable to attend the Service of the House moved to absent himself therefrom.

Ordered he have leave to absent accordingly

Mr. Caswell, Mr. Shepard and Mr. Coutanche appeared

Mr. John Harvey moved for leave to bring in a Bill for repealing the several Acts herein mentioned

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

Mr. Harvey brought in the aforementioned 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. Hewes and Mr. Vail

Mr. Joseph Jones one of the Members for Pasquotank County appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his seat in the House

On Motion Ordered the Bill for Enlarging the Time for the Inspection of Tobacco at the Public Warehouse in the Town of Halifax be committed for amendment to the Members of Northampton County

The Order of the Day being read the House resolved into a Committee of the whole House to take under Consideration the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province and Chose Mr. Starkey Chairman who took the Chair Accordingly After reading the said Bill and

-------------------- page 382 --------------------
fully Considering the same the Committee agreed to several amendments thereto

On Motion Resolved the Committee rise and That Mr. Chairman Report to the House that the Committee had Proposed several Amendments necessary to the said Bill but not having time to reduce them into form desire leave to sit again tomorrow

Resolved—The Committee have leave to sit again tomorrow

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

The Order of the day being read That the House Resolve into a Committee of the whole House to take under Consideration the Bill for Establishing Superior Courts &c. And on Motion Resolved the House Resolve into a Committee of the whole House tomorrow for the Purposes aforesaid

Mr. Jones moved for leave to bring in a Bill directing the Method of appointing Jurymen in all Causes Criminal or Civil and for an Allowance for their Attendance at the Superior and Inferior Courts

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

Mr. Jones according to order 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. Hutchins and Mr. Graves

On Motion Resolved the Bill for the better care of Orphans and security and management of their Estates 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. Hutchins and Mr. Graves

On Motion Resolved Mr. Anthony Hutchins be added to the Committee of Claims.

On Motion Ordered the Bill for making Provision for an Orthodox Clergy 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. Hutchins and Mr. Graves

On Motion Ordered the Bill to Confirm an Agreement made by the present Church Wardens and Vestry of Edgcomb Parish in the County of Halifax 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. Hutchins and Mr. Graves.

Mr. Cary moved for leave to bring in a Bill for Licencing Pedlars.

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

Then the House adjourned till tomorrow morning 9 oClock.


Wednesday the 7th May 1760. The House met according to Adjournment

Mr. Cary Presented the Petition of Barnaby McKinnie of the Province of North Carolina Setting forth that Barnaby McKinnie late of Edgcomb County Grandfather to your said Pettr in his life time was seised in his Demesne as of fee of and into Three Hundred Acres of Land in Halifax County formerly called Edgcomb did by his last will and Testament &c. bearing date the thirteenth day of August in the year One Thousand seven hundred and thirty seven devise the same to his son Richard McKinnie with limitation over That if the said Richard should dye without Issue then to his son John McKinnie Father to your Pettr whose son and heir he is and to the Heirs of his body Lawfully begotten and to their Heirs for ever And that after the Death of the said Barnaby McKinnie Richard the son Entered and dyed seized thereof about the month of May in the year One Thousand seven hundred and fifty five without having Issue of his body lawfully Begotten by means whereof the Property of the Aforesaid Three Hundred Acres of Land vested in your said Petitioner as son and Heir to the said John McKinnie to whom the said Three hundred Acres of Land was Limitted the said John McKinnie being long since dead.

That he is apprehensive that there may be some doubt whether the aforesaid Three Hundred Acres of Land may not be thought to be Entailed, And to the end that he may Prevent Expensive and tedious Law suits—

Therefore prays that the Entail of the aforesaid Three Hundred Acres of Land may be Docked and the fee simple thereof vested in the Pettr And that other Lands may be settled in lieu thereof to the same uses

Also the Petition of John Lane of the Province of South Carolina

Setting forth that Barnaby McKinnie late of Edgecomb County in his lifetime was seized in his Demesne as of fee of and into One thousand six hundred and ninety Acres of Land scituate lyeing and being in Halifax County (formerly Edgcomb) And by his last Will and Testament in Writing bearing date the 13th of August One Thousand seven hundred and Thirty seven devised the same with other Lands to his son Richard McKinnie with Limitation over that if the said Richard should dye without Issue then to Patience Lane

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(Mother of your said Pettr) and Mourning Pope Equaly to be divided between them And that after the death of the said Barnaby the said Richard Entered and died seized thereof on or about the Month of May One Thousand seven Hundred and fifty five without leaving lawfull Issue whereby the Property of One half of the said one Thousand six hundred and ninety Acres of Land vested in your said Petr as son and Heir to the said Patience Lane

And that he is apprehensive that there may be some doubt whether the aforesaid Land by a strained Construction may not be thought to be Entailed and to the End that he may Prevent future Expensive and Tedious Law Suits and to Enable him to make provision for a Numerous family of young children—

Therefore prays that the Intail of the aforesaid Lands the Property whereof is in your Petr and that other Lands may be settled in lieu thereof to the same use &c.

Then on Motion Resolved That the Consideration of the Petition of John Lane be reffered till next session of Assembly And That Mr. Cary, Mr. Caswell, Mr. Swann Jr, Mr. Williams and Mr. Harvey Enquire into the Allegation of the Petr of Barnaby McKinnie and make Report thereon to the House.

Received from the Council the Bill for Establishing Vestries. Endorsed 6th May 1760. In the Upper House read the second time amended & passed.

Mr. Cary laid before the House the Petn of John Rogers setting forth That he was Sergeant in the Company Commanded by Maj Hugh Waddell and Employ'd in the Expedition against Fort Du Quesne.

That the Commanding Officer at Loyal Hanning Promised a reward of Fifty Guineas and another Officer of Four Hundred Guineas for taking of an Indian Prisoner That in Consequence thereof and to distinguish his Zeal for the Public Service at the Hazard of his life he did take an Indian Prisoner in Novr 1758 who gave satisfactory Intelligence &c—That General Forbes is since dead therefore Conceives he cannot obtain the Reward.

Therefore prays the house will consider the said service and make some allowance for the same.

The House took the said Petition under consideration and on Motion Resolved That the Petr be allowed for his said Service twenty pounds Proclamation Money and that the same be paid out of Tax for Contingencys.

Received from the Council the Bill for the better care of Orphans

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and Security and Management of their Estates. Endorsed 7th May 1760. In the Upper House read the second time amended and passed.

And the Bill directing the Method of appointing Jurymen in all Causes Criminal and Civil and for their Allowance for their attendance &c. Endorsed 7th May 1760. In the Upper House read the first time and passed.

And also the Bill for Establishing Vestries. Endorsed 6th May 1760. In the Upper House read a second time amended and passed.

The Order of the day being read the House Resolved into a Committee of the whole House to receive the Amendments in the Inferior Court Bill and Mr. Chairman took the Chair then laid before the Committee the several Amendments Proposed to the said Bill which were agreed to by the Committee Yesterday—And then on Motion Resolved the Committee rise, Mr. Chairman report the said Amendments to the House and Mr. Speaker resume the Chair.

Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had reduced the Amendments thought necessary to the Bill to Establish Inferior Courts &c—which he laid before the House to which the House agreed and Ordered the said Amendments be Inserted in the said Bill

The said Amendments are accordingly Inserted therein.

On motion Ordered the said Bill pass the second time with the said Amendments and be sent to the Council

The order of the Day being read the House Resolved into a Committee of the whole House to Consider the Bill for Establishing Superior Courts of Pleas &c and chose Mr. Starkey Chairman who took the Chair accordingly.

Ordered the said Bill be read Read the same

Resolved That the said Committee not having time to go through the Bill do rise, and Mr. Chairman Report to the House the same, and desire leave to sit again to morrow, And that Mr. Speaker resume the Chair.

Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had taken under Consideration the said Bill but not having time to go through the same desire leave to sit again to morrow.

Resolved, the said Committee sit to morrow

Then the House adjourned till to morrow morning 9 oClock

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Thursday the 8th of May 1760. The House met according to Adjournment

James Dunlevy Serjeant at Arms having returned the Warrant to him directed to take into his Custody Henry Delon Assistant Clerk to the Clerk of Assembly and Clerk of the Committee of Public Accounts and bring him before the House together with all the Papers in his Custody belonging to the public That he had brought before this House the said Henry Delon together with the said Papers as above directed

The said Henry Delon Appeared and on motion Ordered he attend the Committee of Public Accounts and lay before them the said Books and Papers and that the said Committee Examine them and make report to the House thereon

The Order of the Day being read the House Resolved into a Committee of the whole house and took under Consideration the Bill for Establishing Superior Courts &c and Mr. Chairman took the Chair.

Ordered the said Bill be read, paragraph by Paragraph the same is read accordingly—And several Amendments Proposed and Agreed to by the Committee.

Then on Motion, Resolved the Committee Rise Mr. Speaker resume the Chair And Mr. Chairman Report to the House that the Committee had agreed to several Amendments and lay the same before the House.

Mr. Speaker Resumed the Chair.

Mr. Chairman Reported the Committee had taken the above Bill under Consideration and Agreed to several Amendments which he laid before the House.

Ordered the same be read, read the same, to which the House Concurred and Ordered the said Amendments be Inserted in the said Bill. The same are Inserted Accordingly, And on Motion Ordered the said Bill Pass the second time and be sent to the Council.

Sent the above mentioned Bill and also the Inferior Court Bill to the Council by Mr. Williams and Mr. Barrow.

Then the House adjourned till tomorrow morning 9 oClock.


Fryday the 9th of May 1760 The House met according to Adjournment.

On Motion Ordered the following Message be sent to the Council Vizt

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Gentlemen of His Majesty's Honble Council

This House on reading the Petn of John Rogers which we herewith send, and having maturely considered the same have Resolved That the said John Rogers be allowed for his said service in the said Petn mentioned The sum of Twenty pounds Proclamation Money and the same be paid out of the Tax for Contingencies to which desire your Honours Concurrence

SAMl SWANN Speaker
By Order
Wm Herritage Clk.

Sent the above Message to the Council by Mr. Starkey and Mr. Barrow.

The Petition of Divers of the Inhabitants of Onslow County was Presented and Read, setting forth that Bear Inlett in the said County hath a sufficient depth of water for Vessells of Burthen & Praying Proper Persons may be appointed to Amend the Navigation from Howard Bay in New River through the Sound to Bear Inlet and that the Powder Money arising on Vessells coming into the said County and a small Tax for Two or Three years sufficient to make up the sum of one hundred and Twenty pounds be laid out and levied on the Inhabitants of the same &c. for the purposes aforesaid

Ordered that Mr. Starkey prepare and bring in a Bill Pursuant to the Prayer of the said Petition

Mr. Starkey according to Order brought in a Bill to amend and Improve the navigation from Howard's Bay in New River in Onslow County to Bear Inlet 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 with the said Petition to the Council by Mr. Bryan & Mr. Houston

Mr. Baker moved the Committee Appointed to Inquire into the Allegations set forth in the Petitions of Barnaby McKinnie and John Lane Presented to the House the 7th Instant be discharged

Ordered they be discharged accordingly

Mr. Baker moved for leave to withdraw the Petitions of Barnaby McKinnie and John Lane

Ordered that he have leave and that the Clerk deliver the same

Mr. Harnett from the Committee appointed to State and Settle the Public Accounts to whom the Examination of the state and Condition of the Books and Papers belonging to the Public formerly delivered to Henry Delon late Clerk of the said Committee

-------------------- page 388 --------------------

Reported that Henry Delon in Obedience to an Order of the House Appeared in Custody of the Sergeant at Arms and delivered into your Committee Several Books and other Papers relative to the Public Accounts of this Province which upon his Oath he deposed were all that were in his Custody or ever came to his hands relating thereto which appeared to this Committee to be in good Order

CORNs HARNETT Chairman

Henry Delon Appeared at the Barr of this House in Custody And on Motion Ordered the said Henry Delon be discharged

The Petition of the Inhabitants of Bladen County was presented and read, Setting forth that an Act of Assembly Passed at November Session at Wilmington in one Thousand Seven Hundred and fifty nine—Entitled an Act to Impower and direct the Commissioners of the Districts herein after mentioned to lay out and make new Roads and that they conceive the said Act passed thro' misrepresentation for that some of the Powers thereby Vested in the Commissioners is greatly prejudicial to the Inhabitants of the said County

Praying a Bill may be brought in to repeal part of the said Act so far as relates to new Roads therein Mentioned to be laid Out

Ordered Mr. Howe do prepare and bring in a Bill pursuant to the Prayer of the said Petition

The Petition of Henry Johnston was Presented and Read, Setting forth that he was appointed and acted as Adjutant to the Troops in the Pay of this Province when under the Command of General Forbes

That in Consequence of the said Appointment he acted in that Capacity for the space of seven months

Praying such an Allowance for his said service as the Assembly shall think reasonable

The House on Mature Consideration of the said Petition Resolved the said Henry Johnston be allowed Thirty five Pounds for his said Service out of the Contingent Tax—And that the following Message be sent to the Council Viz

Gentn of His Majesty's Honble Council.

This House on reading the Petn of Henry Johnston (which we herewith send) and duly considered the same have Resolved that the said Henry Johnston be allowed Thirty five pounds Proclamation Money, for his said Service in the said Petition mentioned out

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of the Contingent Tax and desire your Honours Concurrence thereto

SAMUEL SWANN Speaker
By Order
Wm Herritage Clk

Sent the above Message by Mr. Starkey and Mr. Barrow.

The Petition of Sundry of the Inhabitants of Beaufort County was Presented and read setting forth the utility of a Division of the County of Beaufort—Praying an Act may pass for the division thereof.

And also the Petition of sundry of the other Inhabitants of Beaufort County was presented and read—

Setting forth that Sundry of the Inhabitants of the upper and lower End of the said County have Petitioned the Assembly and therein asserted that the said County is in Extent One Hundred miles or more and divided by a Boisterous and Tempestuous River &c—And Praying the said County and Parish be divided—

And that the matters of fact in the said Petition for dividing the said County are altogether untrue and praying the said County may not be divided.

On which the Motion was made and the Question put whether a Bill be brought in for Dividing the said County or the Petitions for and against the division of the said County be referred to the Assembly at the next Session thereof for Consideration—And was carried by a majority for referring the said Petitions as aforesaid

Pursuant to Notice Ordered the Bill for the better care of Orphans and security and Management of their Estates 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. Starkey and Mr. Barrow.

Received from the Council the Bill for Establishing Superior Courts of Pleas and Grand Sessions &c—And the Bill to Establish Inferior Courts of Pleas and Quarter Sessions. Endorsed 9th May 1760—In the Upper House read the second time and passed with Amendments

On Motion Ordered the Bill for Enlarging the time for Inspection of Tobacco at the Public Ware House in the Town of Halifax &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. Starkey and Mr. Barrow.

On Motion Ordered his Excellency be Addressed to direct the

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Clerk of the Crown to issue a Writ for Electing Members for the County of Hertford to sit and vote in this present Assembly and that the following Message be sent to his Excellency the Governor—Vizt

To His Excellency Arthur Dobbs Esqr Capt Genl Gov &c—

Sir The Assembly desire your Excellency will be pleased to direct the Clerk of the Crown to Issue a Writ for Electing Members for the County of Hertford to sit and vote in this Present Assembly.

SAMl SWANN Speaker
By Order
Wm Herritage Clk

On Motion Resolved that James Dunlevy Serjeant at Arms who went for and brought Henry Delon to the Barr of this House in Custody be allowed for the same seven pounds and ten shillings Proclamation Money Including his ferriages and two days attendance before discharged and that he be paid the same out of the Contingent Tax.

Then the House adjourned till tomorrow Morning 8 oClock.


Saturday the 10th May 1760 The House met according to Adjournment

Pursuant to the return of the Writ for Electing Members to sit and vote in this present Assembly for the County of Tyrell Mr. Edmond Smithwick, Mr. Jacob Blount, Mr. William Mackey, Mr. James Blount and Mr. Stephen Hooker Appeared.

The Honble John Swann and John Dawson Esqrs Members of his Majestys Honble Council came to the House and before them the aforesaid Members for Tyrrell County took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

On motion Ordered the Bill for Establishing Superior Courts of Pleas and Grand Sessions &c be read the third time Read the same a third time, Amended and Passed

And the Bill to Establish Inferior Courts of Pleas and Quarter Sessions &c be read the third time Read the same a third time Amended and passed.

Ordered the said Two Bills be sent to the Council.

Then the House adjourned till 4 oClock Afternoon.

P. M. The House met according to Adjournment

Sent the Superior and Inferior Court Bills to the Council by Mr.

-------------------- page 391 --------------------
Barker Mr. Ashe and Mr. Howe and such other members as shall please to Accompany them.

Then the House adjourned till 9 oClock Monday morning.


Monday the 12th of May 1760. The House met according to Adjournment

Received from the Council the following Bills Vizt

The Bill for repealing Several Acts herein mentioned The Bill to amend and Improve the Navigation from Howards Bay in New River &c And the Bill for Licenceing Pedlars Endorsed 10th May 1760 In the Upper House read the first time and passed.

And also the Bill to Confirm an Agreement made by the present Church Wardens and Vestry of Edgcomb Parish in the County of Halifax Endorsed 10th May 1760. In the Upper House read the second time and passed.

And also the Bill for Enlarging the time for the Inspection of Tobacco in the Town of Halifax for Increasing the Salaries of the Inspectors &c. Endorsed 10th May 1760. In the Upper House read the second time amended and passed.

On Motion Ordered the Bill to amend and Improve the navigation from Howards Bay in New River &c be read a second time Read the same a second time amended passed and Ordered to be sent to the Council.

And the Bill for repealing the several Acts therein mentioned be also read the second time. Read the same a second time passed and Ordered to be sent to the Council.

Sent the above two Bills to the Council by Mr. Mackey and Mr. Blount

On Motion Ordered the Bill for Electing Vestries 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. Mackey and Mr. Blount

On Motion Ordered the Bill for Electing Vestries 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. Mackey and Mr. Blount

Received from the Council the following Message Vizt

Mr. Speaker and Gentn of the Assembly.

On reading a Third time [the Bill] to Establish Inferior Courts of

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Pleas &c We observe you have given the Courts a Jurisdiction of Fifty Pounds. We propose that it be altered to thirty Eight Pounds and also that in the said Bill you have required Witnesses to attend from Court to Court in consequence of one Summons.

We propose that every Summons should only extend to the Court to which it was originally returnable to which amendments if your House agree please send such of your Members as you may think proper to see the same done.


12th May 1760.

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill for Establishing Superior Courts of Pleas &c. This House observe that in the third page and sixteenth line the word (therefore) is dele'd and the word (And) Inserted which they apprehend to be a mistake and that the word (And) should be struck out and the word therefore Inserted.

They further Observe that in the 22d page 2nd line there ought to be Inserted the following words, vizt (the Judgment or decree of any Inferior Court)

They likewise take notice that by a Clause annexed to the Bill Witnesses are compelled to attend from Court to Court in Consequence of one Summons Whereas they apprehend that one Summons ought to extend only to the Court to which originally returnable to which amendments if your House agree please send such of your Members as you think proper to see the said Amendments made


12th May 1760.

On Motion Resolved that Mr. Robert Jones Mr. Barker and Mr. Starkey be appointed a Committee to Consider of ways and means for raising the Aid Proposed to be granted to His Majesty by the resolve of this House on Monday last and that they Report their opinion thereon to the House.

On Motion Resolved the Bill to Confirm an Agreement made by the Present Church Wardens and Vestry of Edgcomb Parish in the County of Halifax with the Reverend Thomas Burgess 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. Taylor and Mr. Saunderson

Then the House adjourned till 4 oClock Afternoon

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P. M. The House met according to Adjournment

Mr. Howe who was ordered to bring in a Bill to repeal an Act Intitled an Act to Impower and direct the Commissioners of the Districts herein after mentioned to lay out and make New Roads &c—moved to be discharged therefrom

Ordered he be discharged accordingly

Mr. Haywood and Mr. Howe moved for leave to absent themselves from the service of the House

Ordered they have leave to absent [themselves] accordingly

Then the House adjourned till 9 oClock tomorrow morning


Tuesday the 13th of May 1760. The House met according to Adjournment

Mr. Baker moved for leave to absent himself from the Service of the House.

Ordered he have leave to absent himself accordingly

On Motion Resolved the following Message be sent to the Council Vizt

Gentn of His Majesty's Honble Council.

In answer to your Message of yesterday wherein you Propose to Alter the Jurisdiction of the Inferior Courts &c—to thirty Eight pounds, The Assembly would observe that Matters determinable in those Courts for the most part are of an obvious and easy nature many of them being Debts secured by Specialities or Promisory Notes, That the Proceedings in the said Courts are more Expeditious and less expensive than the Proceedings in the Superior Courts, And as the party is allowed an appeal in every Instance wherein he thinks himself aggrieved so that any Error which may happen in the Proceedings in the Inferior Courts may be corrected—We cant help thinking that it will be of Essential Service to the Trading Interest of the Country to allow the said Courts the Jurisdiction proposed by this House And hope that upon your considering these reasons you will Concur in Opinion with the Assembly and pass the Bill without any Alteration in that Particular, Especially when we Inform you that if the Bill passes into a Law, The Assembly propose to Address his Majesty and show the utility of the same, And that it is well adapted to the Particular Circumstances and true Interest of this Province, and we well hope to obtain his Approbation thereof as his Majesty hath already given his Assent to an Act of an Adjacent Province whereby the Inferior Courts thereof are allowed a

-------------------- page 394 --------------------
much larger Jurisdiction and Experience Sufficiently evinces that it conduces greatly to the Interest ease and happiness of the people.

As the Clause requiring Witnesses to attend from Court to Court in Consequence of one Subpœna untill the Suit in which they shall be summond be determined, We cant help observing that the method you propose will greatly accumulate the Cost on Proceeding in the said Courts and Impoverish the Suitors; Therefore would hope you will pass the Bill without such Alteration.

SAMl SWANN Speaker.
By Order.
Wm Herritage Clk.

Sent the above Message to the Council by Mr. Bell and Mr. Mackey.

Received from the Council the Bill to amend and Improve the Navigation from Howards Bay to Bear Inlett—And the Bill for repealing Several Acts herein mentioned.

Endorsed the 12dh May 1760. In the Upper House read the second time and passed.

On Motion Ordered the Bill for making provision for an Orthodox Clergy be Read a third time—Read the same a third time amended passed and Ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Bell and Mr. Mackey.

On Motion Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council

On Considering your Message of yesterday relative to the Bill for Establishing Superior Courts &c.

The Assembly would observe that this House upon the third reading of the said Bill, Ordered the Preamble Immediately preceeding the word (Therefore) in the 16th line in the 3d Page to be dele'd and the word (And) to be inserted, And if it stands otherwise it is a mistake of our Clerk, and agree either to strike out the word (And) Insert the word therefore or dele the aforesaid Preamble whichever you think will make that part of the Bill most Consistent.

This House readily agree to insert the words (The Judgments or decree of any Inferior Court) in the 2d line of the Twenty second page.

As to the Clause requiring Witnesses to attend from Court to Court in Consequence of one Subœpna untill the Suit in which they

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shall be summoned be determined, We cant help observing that the Method you propose will greatly accumulate the Costs and Impoverish the Suitors; Therefore would hope you will pass the Bill without such Alteration.

Sent the above Message to the Council by Mr. Bell and Mackey.

On motion Ordered the Bill for repealing the several Acts herein mentioned be read the third time. Read the same a Third time amended passed and ordered to be sent to the Council

And the Bill to amend and Improve the navigation from Howards Bay in New River &c to Bear Inlett be read a third time. Read the same a third time passed and Ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Houston and Mr. Jones.

On motion Ordered the Commissioners for the Navigation of Port Bath, Port Roanoke and Port Beaufort do lay before the Assembly at the next Session thereof their accounts of the Monies by them Received In virtue of the Act for facilitating the Navigation of Port Bath, Port Roanoak, and Port Beaufort at [and] that the Clerk give notice thereof to one of the Commissioners in each of the said Ports

Received from the Council the following Bills Vizt

The Bill for Establishing Superior Courts of Pleas and Grand Sessions Endorsed 13th of May 1760 In the Upper House read the third time and passed Ordered to be Engrossed

The Bill to Establish Inferior Courts of Pleas and Quarter Sessions &c Endorsed 13th of May 1760 In the Upper House read the third time and passed Ordered to be Engrossed

The Bill for the Better care of Orphans and Security and Management of their Estates Endorsed 13th May 1760 In the Upper House read the third time and passed Ordered to be Engrossed

The Bill for making Provision for an Orthodox Clergy Endorsed 13th May 1760 In the Upper House read the third time and passed Ordered to be Engrossed

And the Bill for Establishing Vestries Endorsed 13th of May 1760 In the Upper [House] read the third time and passed Ordered to be Engrossed

Mr. Jones from the Committee appointed to Consider of ways and means for raising an Aid for his Majesty, Reported that the Committee had come to several resolutions which he was ready to lay before the House when they will please to receive them

Ordered the said resolves be received Mr. Jones Presented the

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same and Read them in his Place [and delivered them in at the Table] where the same were again read by the Clerk and agreed to by the House as follows—Vizt

Resolved That it is the Opinion of this Committee that it is Impracticable in the present Impoverished State of the Province to raise such an Aid by a Poll Tax

Resolved That the Issuing Paper Bills of Credit redeemable out of the Proportion of the Parliamentary Grants which shall be allotted to this Province is the only Effectual Method by which money can be raised for his Majesty's Service in this present Emergency

Resolved That it will be a means of Supporting the Credit of such Bills if a proper person is Impowered to receive such Proportion and remit the same in specie so that the said Bills may be redeemed out of the same in a reasonable time

On Motion Ordered Mr. Jones, Mr. Barker and Mr. Starkey be appointed a Committee to Prepare and bring in a Bill Pursuant to the above Resolves and they are accordingly appointed for that Purpose

Mr. Jones from the said Committee reported that the said Committee had prepared the Bill for Granting an Aid to his Majesty for appointing an Agent for the Province 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 Same to the Council by Mr. Barrow and Mr. McCulloch

On Motion Ordered the Bill for Appointing Jurymen in all Causes Criminal and Civil be read the Second time Read the same the second time amended Passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Taylor and Mr. Bonner

Then the House adjourned till 9 oClock tomorrow morning


Wednesday the 14th of May 1760 The House met according to adjournment.

Mr. Coutanche moved for leave to bring in a Bill to appoint Commissioners to lay out fifty Acres of Land on Ocacock Island for the use of the Public

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

Mr. Coutanche brought in the aforementioned 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. Simpson and Mr. Caswell.

On Motion Ordered the Bill for Enlarging the time for inspecting

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of Tobacco of the Public Ware House in the Town of Halifax and for Increasing the Salaries of the Inspectors &c. be read a third time. Read the same a third time. Ordered to be sent to the Council.

Sent the same to the Council by Mr. Williams and Mr. Hill

Received from the Council the Bill to Amend and Impower the Navigation from Howards Bay in New River &c to Bear Inlet.

And the Bill for repealing Several Acts therein mentioned

Endorsed 13th May 1760. In the Upper House read the third time and passed Ordered to be engrossed.

And also the Bill directing the Method of appointing Jurymen in all Causes Criminal and Civil.

Endorsed 13th May 1760. In the Upper House read the second time and passed.

On Motion Ordered Mr. Child and Mr. Starkey be appointed to draw an Address to his Excellency the Governor to desire him to pass the Superior and Inferior Court Bills.

Mr. Child from the Committee appointed to prepare the said address Reported that the Committee had prepared the same which he was ready to Present to the House if they will receive it

Then on Motion Ordered the said Address be received and read—read the same.

Resolved the same stand the address of this House and be entered on the Journal thereof as follows—Vizt

To His Excellency Arthur Dobbs Esqr Capt Genl and Govr of the Province of North Carolina

The Humble Address of the Assembly of the said Province

Sir As Bills for restoring the Courts of Judicature, and through them, life to Government and the Rights and Liberties of the People appeared to be Indisputably of the first Importance to the Province We thought it our duty to give them the Precedence of all other Objects whatsoever.

These Bills, Sir, have been dispatched with unexampled unanimity and concurrence by both Houses; Are Engrossed and now only wait for your Excellencys Assent, that they may be passed into laws, which we trust will by their Operation and Excellent Effects distinguish the Wisdom and Justice of the Present Legislature.

The extreme solicitude of the People for the Enactment of such Laws and our own Experience of the great mischiefs and Inconveniences which have happened in a long Licentious Interval, call upon

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us to beseech your Excellency that you will be pleased to give your Immediate Assent to them in Order that a Proper Foundation may be laid, as well for rendering so just a satisfaction to the People as for warranting our Procedure to the dispatch of other Important Matters

And we deem your Excellencys Assent the more Necessary to be given at this time, since we Propose to frame a Proper remonstrance to His Majesty for explaining the Expediency of our Deviation in some Articles from what may have been Considered as a direction to us in the Constructions of those Bills.

Sir, we take leave to strengthen this our Importunity by assuring your Excellency that we will exert a very practicable Endeavour to demonstrate the Strictness of our Attention to the General Objects which were so Powerfully Recommended to us at the Opening of this Session having first with such satisfaction to our Consciences provided for the Particular Security of the lives, Liberties and Properties of our Constituents, His Majestys Approved faithfull and most loyall Subjects upon all occasions

Resolved—The same be Presented to His Excellency.

Mr. Barker moved for leave to bring in a Bill to ascertain the Taxes Payable within this Province and to Continue the Tax for sinking the Present Bills of Currency

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

Mr. Barker Presented 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. Williams and Mr. Hill

Received from the Council the Bill for Granting an Aid to His Majesty for appointing an Agent for this Province and other Purposes Endorsed 14th May 1760 In the Upper House read the second time amended and Passed.

And the Bill to appoint Commissioners to lay out fifty Acres of Land on Ocacock Island for the use of the Public Endorsed in the Upper House read the first time and Passed May 14th 1760

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

On Motion Ordered the Bill directing the Method of Appointing Jurymen in all Causes Criminal and Civil be read the Third time

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Read the same a third time amended passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Williams and Mr. Hill

On Motion Ordered the Bill to appoint Commissioners to lay out fifty Acres of Land on Ocacock Island for the use of the Public—be read a second time Read the same a second time and amended Then the Motion was made and the Question put whether the said Bill be rejected [or] Pass—and resolv'd the same be rejected

Then the House adjourned till 9 oClock tomorrow morning


Thursday the 15th of May 1760. The House met according to Adjournment

Mr. Vail from the Committee appointed to prepare and bring in a Bill for the Better regulation of the Militia—Reported that the Committee had prepared the same which he was ready to present if the House would receive it

Resolved the House receive the said Bill

Mr. Vail Presented the said Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk And on motion Resolved the same lye on the Table

Received from the Council the Bill directing the Method of Appointing Jurymen in all Causes Criminal and Civil Endorsed 14th of May 1760 In the Upper House read the third time and passed Ordered to be Engrossed

And the Bill to ascertain the Taxes Payable within this Province and to Continue the Tax for sinking the Present Currency Endorsed 14th of May 1760 In the Upper House read the first time and passed

On motion Ordered the Bill to Ascertain the Taxes Payable within this Province and to Continue the Tax for sinking the Present Currency be read the second time. Read the same a second time amended passed and Ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Etheridge and Mr. Ferebee.

Then the House Adjourned till 9 oClock to morrow morning


Friday the 16th of May 1760. The House met according to Adjournment.

Pursuant to the return of the Writ for Electing Members for Granville County Mr. Robert Harris and Mr. Samuel Benton appeared took the Oaths by Law appointed for their Qualification subscribed

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the Test and took their Seats in the House. Mr. John Harvey moved for leave to absent himself from the service of the House.

Ordered he have leave to absent [himself] accordingly.

Mr. Dewey according to Order Presented a Bill for Confirming the Charter of the Boroughs of Wilmington, Edenton and Halifax and Enlarging the Jurisdiction of the Courts held for the said Boroughs which he read in his place and delivered in at the Table where the same was again read by the Clerk. Then on motion being made and the Question put whether the said bill pass or be rejected and Resolved the said Bill be rejected.

On motion Resolved the following Message be sent to His Excellency the Governor Vizt

To His Excellency Arthur Dobbs Esqr Govr &c.

Sir—The two Houses of Assembly having passed—Two Bills for the Establishing Courts of Judicature [on] which every Bill already passed and now before the Assembly has a necessary Dependence and connection and without which they Cannot Operate.

The Assembly would desire to Offer some observations to your Excellencys Consideration Concerning the Utility and Expediency of your passing the said Bills Immediately into Laws and for that purpose have prepared an Address to your Excelleney—And would desire to be informed when they may wait on you and present it.

Sent the above Message by Mr. Waddell and Mr. Cary.

The Petition of James Davis Printer was presented and read setting forth that since the Act passed for the Encouraging James Davis to set up and carry on his Business of a Printer Eight New Counties have been Erected by reason whereof the Public Business is greatly Increased. Praying the said Act may be continued and his Salary Augmented

On Motion Ordered Mr. Barker prepare and bring in a Bill pursuant to the Prayer of the said Petition.

Received from the Council the Bill for Enlarging the time of Inspection of Tobacco at the Public Warehouse in the Town of Halifax &c Endorsed 14th of May 1760. In the Upper House read the third time and passed Ordered to be Engrossed

On Motion resolved the House resolve into a Committee of the whole House to morrow to consider the Bill for Granting an Aid to his Majesty for appointing an Agent and other Purposes

Philoman Hawkins Serjeant at Arms to whom Mr. Speakers Warrant

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was Directed and delivered to take the body of Reuben Searcy, Returned the said Warrant in these Words Vizt

In Virtue of the within Warrant to me directed I have taken the within Reuben Searcy whose body I have ready as I am within Commanded. And have also summoned the Persons as Witnesses whose names are hereunto annexed as I also am within Directed

So say
PHIL HAWKINS.

Resolved that the Ill behaviour of the Members for Granville County in the said Warrant Mentioned be referred for Inquiry to the Committee of Privileges and Elections.

Ordered that the above Reuben Searcy and the said Witnesses Attend the said Committee.

Mr. John Harvey who was Appointed one of the Committee of Privileges and Elections having obtained leave to absent himself from the Service of the House.

Therefore on Motion Resolved Mr. Cary be added to the said Committee in the Room and stead of the said Mr. Harvey

Mr. Waddell and Mr. Cary acquainted the House that in Obedience to the Command thereof they had waited on His Excellency the Governor [with] the Message of this House of this day and that his Excellency returned for answer That he will be ready to receive the Address of the House in the Council Chamber at 5 oClock this Afternoon

Then the House adjourned till 4 oClock Afternoon

P. M. Then the House met according to adjournment

The House in a full body waited on his Excellency the Governor in the Council Chamber when Mr. Speaker Presented him with the Address of the House regarding his Excellencys Immediate Assent to the Superior and Inferior Court Bills Mr Speaker with the House returned and Mr. Speaker acquainted the House that he had presented His Excellency with the Address thereof in regard to His immediate assent to the two Bills for Establishing Superior and Inferior Courts of Judicature and that his Excellency returned for Answer “That it was of an unusual and unpresidented Nature and that he would consult with Gentlemen who were more conversant in those Affairs and when he had so done would send an Answer in writing which may be Entered on the Journal”

Then the House Adjourned till 9 oClock tomorrow morning

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Saturday the 17th May 1760 The House met according to Adjournment

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

Mr. Speaker & Gentn of the Assembly.

It is with the greatest concern that at any time I should be obliged not to comply with an Address of the Assembly and more Particularly at this Important Crisis when you were summoned to meet by his Majesty's Command with the utmost dispatch to give his Majesty an Aid of Men, which ought if possible to have been Complied with the first thing in the Session, as the men were required to be raised by the first of this Instant, or as soon as possible which has now been postponed above three weeks to give way to laws which only relate to the Interior part of this Colony, And therefore not material at what time they should be offered in the Session; Whereas we having the men raised for Imediate Service, is not only necessary for the Peace and Safety of this Province until His Majesty Commands them to Assist his Foreign Operations which at this Critical Emergency may not only secure the religion Liberties and Peace of this Province, for Ages to come, but also of all his Majesty's other Colonies and Dominions by a Speedy Exertion of our force

I must also in Common Decency and respect to the Crown give the Precedency in passing an Aid Bill to every other Act that is Offered; for it has been the uninterrupted usage of the Commons of Great Britain and Ireland ever since the happy Establishment of their Constitution and Liberties by the Revolution in 1688 to offer the aid Bill for the Royal Assent before any other, And I found it so in this Province where all the Bills have been Offered together; for in the single Instance last Session in passing the Short Militia Bill it was given in Aid to Enable His Majesty to Command them out of the Province; nor can it be any way Material whether the Bills you Address for to have the Prefference given of the said Aid Bill which you were so earnestly pressed to dispatch is offered this day or a few days hence

I always Expected from the Zeal the Assembly of this Province has Expressed to give assistance to drive out Cruel Enemies from this Continent—That the Aid Bill if not passed before all others should have at least gone hand in hand together and not have been postpon'd until the Close of this Session which has delayed the raising

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and disciplining the force and Consequently may be ineffectual and not answer the End

ARTHUR DOBBS

The 17th of May 1760

On Motion, Resolved the Consideration of the said Message be referred till to morrow.

Received from the Council the Bill to Ascertain the taxes payable in this Province, and to Continue the tax for sinking the present Bills of Currency Endorsed In the Upper House, read the second time amended and passed

The Order of the Day being Read, regarding the House Resolving into a Committee of the whole House, to Consider the Aid Bill &c.

Then on Motion, Resolved the House Resolve into a Committee of the whole House on Monday next to Consider the said Aid Bill &c.

On Motion Ordered That the Bill to Ascertain the Taxes payable within this province and to Continue the Tax for sinking the present Bills of Currency be read the third time. Read the same a third time.

Then the Motion was made and the Question put whether the said Bill be rejected or pass And Resolved, Nem: Con: the said Bill be rejected.

Then the House Adjourn'd till 9 oClock Monday Morning.


Monday the 19th of May 1760 The House met according to Adjournment

The Order of the day being read the House took under Consideration his Excellencys the Governor his Message of Saturday last and Resolved That the following Message be sent to his Excellency Vizt

Sir—On reading your Message of Saturday last relative to the Address of the Assembly beseeching your Excellencys Assent to the Bills for Establishing Courts of Judicature, We Observe that you say that these Bills “Only relate to the Interior benefit of this Colony and therefore not Material what time they shall be offered in the Session” In answer to which give us leave Sir, that even that Object alone surely cannot be of slightest concernment but when we consider how many Licentious, disaffected and evil disposed persons in different parts of the Government for many months past at different times Assembled themselves in great numbers Entered into Traterous and dangerous Conspiracies, broke open the Public Prisons and

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set malefactors and others at large and by force unjustly restrained others of their Liberty and that hitherto no Effectual methods have been taken to suppress these Outrages—We think it a matter of the greatest Importance that those Laws should be passed as speedily as possible in Order that the Hands of Government may be strengthened and a check put to such disorders

We apprehend that by the Laws and Usage of the Parliament of Great Britain the Commons are at Liberty to offer the Bills they pass in what Order they think proper for the Royal Assent And that the Particular Circumstances and Emergency of the times are the only matters which Govern them therein

We have on all occasions manifested our Loyalty to his Majesty and most ardent Zeal for His Service by readily granting every aid of Men and Money you have required even to the Impoverishment of our Constituents and we are still ready with our Lives and Properties to joyn in defence of his Majestys just rights and Possessions and have now under Consideration a Bill for that Purpose but, as not only that but every other Bill already passed and yet under the contemplation of the Two Houses of Assembly have a most intimate connection with and dependance on the Court Bills and in many instances cannot operate unless those shall first pass into Laws we thought it our Indispensable duty to give them the Precedency to every other Bill.

When you Consider these Reasons we hope your Excellency will Immediately give your Assent to the said Bills, And give us leave to assure you that you will thereby render a most Essential and acceptable service to the Country as by that means protection and security will be Afforded to the lives and properties of those we represent.

Mr. Barker according to Order brought in a Bill for further continuing and amending an Act Entitled an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer in this Province and for 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 same to the Council by Mr. Blount and Mr. Gibson.

Received from his Excellency the Governor a Letter to him directed from the Lieutenant Governor of Virginia, with a verbal Message by Mr. Powell recommending the same to the consideration of the House. The same was read and on Motion Ordered it lye for Consideration.

-------------------- page 405 --------------------

The Order of the day being read

On Motion Ordered the Consideration of the Aid Bill be postponed till to-morrow.

Mr. Barker from the Committee of Privileges and Elections Reported that the said Committee have had under their further Consideration the Warrant for taking Reuben Searcy for Partiality and misbehaviour at an Election in Granville County at which Election he had been sworn as a Clerk to keep the Poll, And thereupon came to the following resolution—Resolved it is the Opinion of this Committee that the Sheriff by reason of vast crowd and concourse of People In the said Court House at the said Election was obliged to discontinue the taking the Polls of the Suffrages at the said Elections and directed his Clerks to desist from any further proceedings thereon untill the same could be proceeded in with more regularity—That accordingly the Sheriff and William Pearson and Reuben Searcy who were appointed and sworn as Clerks for taking the said Polls withdrew from the said Court House and the Polls were Adjourned that the said Reuben Searcy without any Direction of the said Sheriff did at the Instance of Sundry persons return into the said Court House without the direction of the said Sheriff and in his absence did Proceed in the continuation of taking the same And that after he had taken down the names of all such as offered themselves as suffrages did sum up the same and Publickly Proclaimed without any direction from the said Sheriff Samuel Benton and Robert Harris as duly Elected and carried away the Polls so by him taken but afterwards returned and upon several applications by the Sheriff for the delivery of the same did make a surrender thereof to him, tho' at first he denied doing it alledging he had a right to detain the same as being a sworn Clerk, That before the Proclamation aforesaid the Sheriff was Informed and Public Declaration made that there was now room in the Court House for the Sheriff to proceed in his said Election but that the Sheriff paid no regard thereto.

Resolved, That it is the Opinion of this Committee that the said Reuben Searcy by Proceeding in the Manner above recited Acted inconsistent with his Duty.

To which resolves the House agreed.

On motion Resolved, That Mr. Robert Harris, Mr. James Blount and Mr. Tyree Harris be added to the Committee of Propositions and Grievances.

Then the House Adjourned till 9 oClock to morrow morning

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Tuesday the 20th of May 1760 The House met according to Adjournment

The Writ for Electing a Member for Bertie County was returned whereby it appears that William Gray was duly Elected a Member for the said County to sit and vote in this Present Assembly

Mr. Swann Junr moved that Mr. John Lowry (whose Indisposition renders him incapable to attend the House) have leave to absent himself from the service thereof

Ordered he have leave to absent himself accordingly

On motion the House took under Consideration the Report of the Committee of Privileges and Elections regarding the misbehaviour of Reuben Searcy at an Election of Members for Granville County, And Resolved that the said Reuben Searcy be reprimanded by Mr. Speaker

The said Reuben Searcy Appeared at the Barr of the House and was Reprimanded by Mr. Speaker

Resolved the said Reuben Searcy be discharged paying Cost to be settled by the Committee of Privileges and Elections

Received from the Committee the Bill for further continuing and amending an Act Intitled an Act for the Encouragement of James Davis to set up and carry on his business of a Printer Endorsed May 1760 In the Upper House read the first time and passed.

On motion Ordered the Bill for further continuing and amending an Act Intitled an Act for the Encouragement of James Davis to set up and carry on his Business of a Printer &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. Leech and Mr. Barrow.

Mr. Starkey Chairman of the Committee of Claims reported that the said Committee had settled and allowed sundry Claims and laid the report thereof before the House for Concurrence.

The said Report was read Approved of and agreed to by the House

Resolved the said Report be sent to the Council for their Concurrence

On motion Ordered the Bill for further Continuing and Amending an Act Intitled an Act for the Encouragement of James Davis to set up and carry on his business of a Printer &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. Jos Jones and Mr. Saunderson

-------------------- page 407 --------------------

Mr. Robt Jones Jr laid before the House a Certificate from the County Court of Northampton therein recommending John Worrel son of John Worrel of the said County to be exempt from paying Public Taxes &c

Ordered to be exempt accordingly

The Order of the Day being read on motion the Consideration of the Aid Bill is Postponed till to morrow

Sent the reports of the Committee of Claims to the Council by Mr. Waddell and Mr. Cary for Concurrence.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to adjournment

Then the House adjourned till 9 oClock to morrow morning


Wednesday the 21st of May 1760 The House met according to Adjournment

The Order of the day being read On motion the consideration of the Aid Bill is postpon'd till tomorrow.

Mr. McNeil moved for leave to absent himself from the Service of the House

Ordered he have leave to Absent [himself] Accordingly

Then the House adjourned till 8 oClock tomorrow morning.


Thursday the 22d of May 1760 The House met according to Adjournment

Mr. Robinson moved for leave to absent himself from the Service of the House

Ordered he have leave to absent himself accordingly

On motion Resolved That the Treasurer pay the Expences of the Messenger (whilst in Town) which is sent to His Excellency with Express from the Lieutenant Governor of Virginia to this Province and to South Carolina out of the Tax for Contingencies and that he be allowed the same on Passing his Accounts with the Public

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill to Confirm an Agreement made by the Present Church Wardens and vestry of Edgcomb Parish in the County of Halifax with the Revd Mr. Thomas Burgess. Endorsed 12th May 1760. In the Upper House read the third time and passed Ordered to be engrossed.

-------------------- page 408 --------------------

Received from his Excellency the Governor the following Message in Writing by Mr. Powell Vizt

Mr. Speaker and Gentn of the Assembly.

I have received your Replication to my Answer to your Address Insisting under various suggestions upon my passing the Court Bills immediately before you have prepared an Aid Bill to be passed though it is of the utmost consequence to have passed an Aid Bill Previous to all others as called by His Majestys Orders at this Important Crisis for that very Purpose and find now that being misled by some of His Majestys Servants you are determined to Proceed on no business untill you know the fate of those Bills

I must therefore inform you that those self interested Gentlemen who have procured the repeal of the former Laws and have taken upon them to Conduct those Bills and mislead the Assembly have been the Cause that those Salutary Laws, as well as the Aid Bill have not been already passed by Clogging those Bills with unnecessary Clauses, to diminish his Majestys Prerogative and lay me under a Delema, to serve their own Secret Ends of betraying my trust and disobeying His Majestys Orders and Instructions, If I should comply with your request, or to raise a flame against my administration in case I should refuse to pass these Bills, which one of those Gentlemen hath so far as in his Power already raised Contrary to his duty to the Crown, in Order to throw the blaime upon me and excuse himself from having been the cause of Repealing the former Bills by the Artfull advice and Pretences he laid before his Majesty and Council to repeal the former Bills which he would now re-enact with restricting Clauses contrary to my Instructions from His Majesty so that the loss of the Superior Court Bill if not Passed must be laid at his door.

You make use of the Licentious Behaviour of Great Numbers and Traterous conspiracies, breaking open Prisons &c. to show the necessity of Passing the Bills, Yet for so long a time as eight months no complaint was ever made to me to have the Laws now in force put in Execution by a Commission of Oyer and Terminer, in case such facts are true which might for the Present have Answered the End, And if not sufficient you ought to have formed Bills not lyable to objections and ought in decency to have applyed to me to know whether I could by my Orders and Instructions pass these Clauses which might have been done early in the Sessions—And all the Bills might have been long since passed

-------------------- page 409 --------------------

But since nothing will satisfy you but knowing the fate of these Bills, I must with great concern Inform you that I can't betray my Trust to the Crown nor shall disobey his Majestys Orders and Instructions so that nothing will induce me to pass the Superior Court Bill but by making it Temporary until His Majesty's Pleasure be known upon it, or by striking out the Exceptionable Clauses, so that all the regard I can shew to your Application is, That after the Aid Bill and other Bills are Passed, In case you give any Aid I shall then put an End to the Session, and Prorogue the Assembly for a Day and you may then reconsider the Bill and Either expunge the Exceptionable Clauses contrary to the Articles of Instructions which I herewith lay before you or make it temporary for a year or Two until his Majesty's Pleasure is known. Otherwise the Bill if I could pass it as it is now framed may be again Repealed and the Province be in the same scituation again as at Present

This Answer I send you with Great Regret in being brought under so disagreeable a Delemma by cunning designing Persons who endeavour to bring this Province into confusion to Serve their own Ends and shall heartily Concurr with you in every measure consistent with my Duty to Promote the Peace Safety and happiness of this Province.

ARTHUR DOBBS.

On Motion the Consideration of the said Message be referred till tomorrow

The Order of the day being Read,

On Motion resolved the Consideration of the Aid Bill be postponed till tomorrow

Then the House adjourned till 9 oClock tomorrow morning.


Fryday the 23d of May 1760 The House met according to Adjournment

Mr. Barker moved the House resolve into a Committee of the whole House to Consider the Distressed State of the Province and also His Excellency the Governors Message to this house of Yesterday

Resolved—The House resolve into a Committee of the whole House for the Purposes Aforesaid

Resolved that if any Member shall discover to any person or persons, the words or the Purport of the words which any member may make use of in any debates and Proceedings of the House—The Member or Members making such discovery shall be Expelled the House of Assembly as unworthy a seat therein.

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The House resolved into a Committee of the whole House to Consider the distressed State of the Province and also his Excellencys Message of Yesterday to this House And unanimously chose Mr. Dewey Chairman who took the Chair Accordingly—The Committee having taken under Consideration the said distressed State of the Province and also His Excellencys Message of Yesterday came to several Resolutions thereupon which Mr. Chairman was Directed to report to the House—And then On Motion Mr. Speaker resumed the Chair

Mr. Chairman Reported That the Committee had come to Several Resolutions which they had reduced to form and which he was ready to lay before the House for Concurrence when the House will please to receive the same—Resolved the House receive the said Reports—Mr. Chairman Presented the said Reports to the House—And on Motion Ordered the same be Read—The same are read and Concurred with by the House Nam: Con: And Ordered to be Entered on the Journal thereof, and are as follows—to-wit

1. Resolved, That the large Sums which have been chearfully Granted for his Majesty's Service amounting to upwards of seventy four thousand pounds and Chiefly Intrusted to the Application of His Excellency the Governor have been Injudiciously applyed And several military Commissions have been granted to Persons of little Weight and Interest in the Province whereby the Service has been delayed and the Aids granted have not had the good Effect Proposed by the Assembly

2. Resolved That His Excellency without any Color of Law having appointed his Nephew Mr. Spaight Pay Master of the forces raised in this Province, by means whereof he hath drawn Commissions on Several Aids Granted to his Majesty for raising and Paying the said Forces, The same has been a Cause of rendering the said Aids insufficient for the Intended Purposes and an obstruction to his Majesty's Service

3. Resolved That His Excellency out of the Proportion of the Money coming to this Province by the Grant made by his Majesty and the Parliament of Great Britain towards reimbursing this and the Neighbouring Provinces the Expences they have Incurred during the Present Warr in Promoting the Common Cause having Procured a Payment of One Thousand pounds Sterling which has never been Accounted for or any Intimation given to the Assembly that it has been applyed for his Majesty's Service or the benefit of this Country, or to whom the said Money was paid the same has a manifest

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tendency to frustrate the Gracious and Benevolent Intentions of His Majesty and Parliament towards this Province

4. Resolved That altho the Governor has been frequently Addressed to Cause an Account of the Money's that have been paid to his Orders, to be laid out before the Assembly the same has not been done, And the Account he has sent to the House the Present Session from Mr. Wallace, a Gentleman unknown to the Assembly and in whom they never reposed any trust does not in any wise tend to shew the Application of the Sums he has drawn out of the Treasury

5. Resolved That His Excellencys Practice in Disposing of Royal Charters to several Counties to Impower them to send representatives to the Assembly at a different but Exorbitant prices under the Denomination of fees to the Governor and Secretary is Illegal and Oppressive

6. Resolved, That the Granting Licences to Persons to Practice the Law who are Ignorant even of the Rudiments of that Science is a reproach to Government disgrace to the Profession and greatly Injurious to Suitors.

7. Resolved, That the taking four Pistoles for the Governor and his Secretarys fees on such Lycences is Expressly Contrary to an Act of Assembly.

8. Resolved, That the Governor was Addressed by the Assembly in June last to take necessary Measures to suppress the several Mobbs, and Insurrections which for many months in Open Violation of all Law have with Impunity Assembled in great Numbers in different Counties Erected Sham Jurisdiction and restrained men of their Liberty and Broke open Goals released Malefactors dug up the Dead from the Graves and Committed other Acts of rapine and violence, but no Effectual Steps have been taken to check the Torrent of their Licentious Extravagances notwithstanding their having since repeated those Outrages. On the contrary some of their Principal Leaders and known Conductors have been preferred to the Magistracy and honoured with Commissions in the Militia whilst on the other hand Gentn of unexceptionable Characters and distinguished worth who have filled those Offices with Credit, and whose conduct in the discharge of their respective functions had been justly rewarded by the approbation and applause of all who were Witnesses of their Public deportment have from Groundless Prejudice and unreasonable Caprice without complaint or accusation against them been abruptly displaced whereby Magistracy is fallen into Disgrace Courts have lost their Influence and Government its Dignity and life Liberty

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and Property is rendered Precarious; And without a Speedy Establishment of Courts of Justice on a respectable foundation and appointment of Justices of the Principal Courts on such Terms as Gentlemen of Suitable Abilities may accept such appointment without apprehension of being displaced but for misconduct, The Government will be in no less Peril from the usurped Domination of its Internal Enemies, than from the depredations of Savages on the Frontier Settlements.

9. Resolved, That it appears to this Committee that many Irregularities and Palpable. Frauds have happened in the Secretarys Office since the Appointment of Mr. Spaight to that Important Trust a Flagrant Instance of which is an entry in the books of the said Office regularly made and the accustomed fees paid thereon, being by his express orders Transposed so as to give himself a preference and right to the land so Entered.

10. Resolved, That the Books records and Papers of the Secretarys Office being lately by the Governors Order removed to Cape Fear near the Southern Extremity of this Province renders it Extremely expensive and difficult for the Generality of People to have the Necessary recourse to that Office.

11. Resolved, That it appears to this Committee that the Secretary, during the Time the Supreme Court Law was in force was a Justice of the Supreme Court of the New Bern District and by his own Authority without Legal Tryal by a Jury for a supposed Libel Ordered one Thomas Core to be striped naked tyed and whip't which was accordingly done with great inhumanity and in violation of the Laws of this Province and Contrary to the Great Charter of Liberties.

12. Resolved, That the Practice of the late Chief Justice Mr. Hasell in taking and unjustly Exacting part of the Clerk's fees to his own use was not only contrary to the Tenor of his Oath of Office but occasioned such Clerks to Extort Money from the Suitors to their Grevious Oppression.

13. Resolved, That it is the Opinion of this Committee that the not granting a writ of Election for Tyrell an Ancient County till After the Present Assembly had sat and passed several Bills and the Granting another to Bertie County for fewer Members than they have usually sent to represent them in Assembly is a manifest Infringement on the rights of the Subject and tends to Endanger the Constitution.

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14. Resolved, That the diversity of the Form in the Writs of Election Issued to different Counties, some of which direct the freeholders and others the Inhabitants generally to chuse, by which last form Servants and even Convicts may Elect, is repugnant to the Royal Charter of King Charles the Second by which it is directed that Laws shall be made by the Assent of the Freemen or their Delegates.

15. Resolved, That an Humble Address to his Majesty be drawn up to be transmitted to the Right Honble William Pitt Esqr his Majestys Secretary of State to be laid before his Majesty Testifying the duty and Loyalty of his faithfull and Loyal Subjects in this Province and representing their Grievances and Praying Relief.

16. Resolved, That Mr. Anthony Bacon of London Merchant be charged with the said Address to be delivered to Mr. Secretary Pitt and that the Speaker cause the said Address with the Journals and other Documents Necessary to be sent home to be transmitted as soon as may be—And write a Letter to Mr. Bacon requesting him to accept the Charge

17. Resolved That the Speaker Write Letters on the said occasion to the Right Honble the Earls Granville and Halifax and the Right Honble William Pitt Esqr His Majestys Secretary of State, and send with the said Letters Copies of the Address

18. Resolved That the Bills which have passed Both Houses this Session for Establishing Courts of Judicature are so constructed that should persons of Competent Abilities and Qualifications be Appointed to discharge the Executive Powers of them they cannot fail of rendering the Administration of Justice easy and Expeditious and suppressing these dangerous Practices and Traterous designs which (Altho' not attended to by the Administration) for many months past have subverted all rule Order and Government and even render life and Property Precarious.

19. Resolved, That the advice given to the Governor by Thomas Child Esqr Attorney General to pass the said Bills immediately into Laws has a manifest Tendency towards strengthening the hands of Government adding dignity and power to the Courts of Law promoting the Administration of Justice and rescuing this Province from imminent danger of Anarchy and ruin.

20. Resolved that the Unanimous Thanks of the Assembly be given to Mr. Attorney for having given the said Advice and that Mr. Speaker in the Name of the House do present him with their thanks accordingly

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Mr. Chairman also Reported that the Committee had prepared an Address to his Majesty which he laid before the House and Read the same in his place.

On Motion the House concurred thereto and Resolved the same stand the Address of the House and be Entered on the Journal thereof as follows (to wit)

To the Kings most Excellent Majesty

The Humble Address of the Assembly of North Carolina

Most Gracious Sovereign

We your Majesty's most dutifull and Loyal Subjects the Members of the Assembly of North Carolina beg leave to Offer to your Majesty our most sincere and hearty Congratulations upon the glorious success of your Arms by sea and Land to render our dutifull Acknowledgments and unfeigned thanks to your Majesty for the Paternal care and vigilant Protection which has been Extended to your Infant Colonies in America

No consideration most Gracious Sovereign less than the Prospect of Total Ruin to your faithful Subjects from undue exertions of Power and Internal Commotions in this distressed Province could induce us, at so Important a Conjuncture to trouble your Royal Ear with Complaints; But when by Injudicious and partial appointments of Justices not qualified for such trust, and the abrupt removal of Others whose Characters have been lyable to no objection Magistracy has fallen into Contempt and Courts have lost their Infiuence and Dignity; When Mobbs and Insurrections are Permitted to assemble in different parts of the Province Erecting Sham Jurisdictions—Imprisoning your Majesty's Subjects—Breaking open Goals and releasing Malefactors with Impunity; when several of the Malecontents in those Riotous and Treasonable Assemblies are Honoured with Commissions from his Excellency as Justices and Militia Officers; When persons have suffered Corporal Punishment by the Arbitrary and Private orders of Justices still retained in their Offices; When Moneys have been Exacted on the Subject for the use of the Governor and Secretary, expressly, against Law; When the form of Writs of Election have been arbitrarily Altered and diversified to get particular men Chosen and defeat the choice of others, some of them directing the freeholders, others the Inhabitants Generally to chuse by which last form Servants and even Convicts might be admitted to Elect; Whereas by the Royal Charter of King Charles the Second Laws are directed to be made by the Assent

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of the freemen or of their Delegates; When a Writ has been Issued to one County for fewer Members than they have used and ought to Send, and to another none at all till several Bills had passed in the Present Session; by which open Practices it remained no longer a secret that the Governor Intended to modell the Assembly for his own particular Purposes; in like manner as he had before reformed the Council by suspensions and new appointments; When being Insulted by Blood thirsty savages on our Exterior Settlements and in no less danger of falling a Prey to our Internal Enemies; Whither can we resort for succor but to your sacred Majesty, as the fountain from whence Justice and Protection is derived to your most Distant Subjects? The facts here Enumerated we beg your Majesty's Permission to say are far from being a compleat Catalogue of the sufferings of your faithful and dutiful Subjects in this Province who nevertheless have with the greatest chearfulness and alacrity embraced every opportunity of Testifying their Zeal and Loyalty to your Majesty as well as exerted their utmost efforts in the maintenance of your indubitable rights never having neglected a simple [single] supply required for your Majesty's Service, tho' it gives us the greatest Concern That in the application of the several aids, which have been under the Governors directions less regard has been had to the useful Purposes Intended by the Assembly than to the enriching of his Particular friends and Favourites Military Commissions having been Granted to Several Persons of little or no weight in the Province which delayed the Raising recruits and retarded the Common Services Your Majesty will Graciously permit us to add that it has been a misfortune peculiar to this unhappy Province that by the Governors decisive influence on the Council we have hitherto been prevented appointing an Agent to represent our dutiful affections to your Majesty and solicit our Provincial Affairs at the Public Boards in England, In the Session in May last provision was made for such an Appointment in a Bill for Granting an Aid to your Majesty in Consequence of Mr. Secretary Pitts Letter at the time laid before the House this Bill was Peremptorily rejected by the Council without even assigning any reason for so extraordinary a Procedure. The Governor thereupon Prorogued the House with a Speech in which he very freely censured their Conduct for presuming to insert a Clause relative to such an Appointment in a Bill of Aid Altho' Bills of the same kind with Clauses as little analagous to the Aid had without the least exception been before passed in his Administration; But it was notorious that the true reason of the Councils rejection of that
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Bill and of the Governors displeasure with the Assembly was because one Mr. Smith his own private Attorney in London had not been proposed by the Assembly for that Appointment thus was the Aid then Intended by your dutiful Subjects defeated by an abrupt dismission of the Assembly—And your Majesty's Service particularly recommended by your Secretary of State postponed, to gratify Partial Views and Private Interest—Whilst the real motive was covered with feigned objections and subtil refinements never before Offered to an Assembly of this province

Most Gracious Sovereign we defer mentioning many Abuses of Power and Acts of Oppression other than these which constrained by the necessity of the times and the desponding situation of the Province, we have already related, nothing less than the prospect of impending ruin and disolation would induce us at this time to remonstrate against the Conduct of a Governor to the ease and Hapiness of whose administration we vainly Indeavour to contribute; for sometimas we have remained passive under the yoke of oppression unwilling to interrupt the important avocations which necessarily engage your Majestys Attention but preceiving ourselves on the brink of Anarchy and ruin—We therefore with all humility and duty most Humbly supplicate your Majesty's justice and speedy relief

S. SWANN Speaker
By Order
Wm Herritage Clk.

23rd May 1760.

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

To His Excellency Arthur Dobbs Esqr Govr of North Carolina

Sir We have under our Consideration your Answer to our Message relative to the Court Bill, In which give us leave to say that in our apprehension what you have Offered carried rather the Air of a Declaration against certain Gentlemen who for their well Intended Services to the Public deserve the thanks of the Province than reasons for not passing the Bill with respect to the Compliment you have been pleased to bestow on this House by Insinuating that they have been Misled in regard to that useful Bill, we can only say we are sorry you have suffered your ear to have been abused by some ill designing person and that your assenting to such a Bill would give universal satisfaction to the People, Prevent the like Mischiefs

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which have happened from the Incompetency of Justices under the Supreme Court Laws of your Excellencys Appointment, The delays which have been owing to advisaris in Causes plain and easy to be understood by Lawyers And the Erroneous Judgments given by those lay Judges abundantly show the necessity of the regulation contended for by the Assembly Not to mention other Instanees—The Corporal Punishment Inflicted by Order of Mr. Spaight a Judge of New Bern Supreme Court on an Innocent Person without Tryal by Jury in Manifest violation of Law, and contrary to the Great Charter of English Liberties is an argument unanswerable in favour of such an Establishment, And the Pertinacious Adherence to the Letter of an Instruction in a matter that could not have been had in Contemplation at the time it was framed when other Instructions in things of less moment to the Public have been easily got over to Answer Particular Purposes, If we may be allowed to speak the sentiments of our Constituents, Shews an unreasonable Desire to retain the Power of Appointing Judges for private Views and Partial Ends—It gives us the Greatest concern that we should differ in Sentiments with your Excellency. We have made it our study to render your Administration Easy and happy; but when all our Endeavours for his Majestys Service and the Interest of his Subjects are represented in the most Disagreeable Lights, we can only say we have the Comfort of a good Conscience, our Cause is that of Establishing freedom to a most Loyal People who considering their circumstances have discovered an unexampled Liberality in Contributing to the defence of his Majestys Rights and Possessions tho' they have been unhappy in never having hitherto been able to procure the Appointment of a Public Agent to represent their Dutiful Behaviour to his Majesty and the Boards in England and if we are refused your Excellencys Assent to an Establishment of Legal Judicature Analagous to that of our Mother Country and other of the Colonies our only consolation will be that we may have exerted our honest Endeavours to accomplish so valuable a Purpose in behalf of a People who have with the Greatest Cheerfulness and Alacrity embraced every opportunity of Demonstrating their Duty and Loyalty to the best of Kings, on whose Beneficence Justice and goodness under God they place their sole Reliance As to what your Excellency has been pleased to say relative to Commissions of Oyer and Terminer for the Tryal of those Licentious Rioters who by their dangerous and Treasonable Practices with Impunity have disturbed the Public Peace and Tranquillity—We humbly apprehend that from the General
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Defection in the Parts of the Province in which they commit their outrages such Commissions would have no other Effect than to bring the Rage of Unruly Mobbs on such as should act under them—And we are extremely concerned to find that those mobbs Increase in their numbers and Influence by several of their Ringleaders being Honored with your Excellencys Commissions as Justices and Militia Officers—We cannot conclude without expressing our Sorrow that the Chief Justice and Attorney General should have Incurred your Excellencys displeasure by giving their Candid Sentiments in Consequence of your Command on Certain ensnaring Queries proposed to them on some Extracts of your Excellencys Instructions; as your censures on these Genn Constitute a Considerable part of your Excellencys Message and we have been Witnesses of their Honourable Conduct we think it our duty to testify our thanks for the Honest Opinions they have given, the motives of which however they may have been represented to your Excellency we are well Satisfied have been neither more nor less than an inviolable Attachment to the true Interest and honor of the Crown and the Safety and preservation of the Subject which in the Present distress confusion and Public Calamity renders the passing the Court Bill as it is now framed of Indispensible Necessity.

SAMl SWANN Speaker
By Order
Wm Herritage Clk

23d May 1760.

Sent the above message by Mr. Ashe and Mr. McCulloch.

Resolved, That John Starkey Esqr Examine state and settle the accounts relative to the several Aids Granted by this Province during the Present War in the recess of the Assembly, and make report of his proceedings therein to the next Session of Assembly and that the Clerk deliver to him the necessary papers for that purpose.

Mr. Harnett Chairman of the Committee of Public Accounts Reported that the Committee had stated and settled several Accounts which he laid before the House and were Read.

Resolved the House agree thereto and that the same be sent to the Council for Concurrence.

Sent the same to the Council for Concurrence by Mr. Cary and

Resolved, That it appear to the Assembly that Col Hugh Waddell who has been appointed Commander of some of the forces raised in this Province for his Majestys Service and who has been Intrusted by the Governor with applying part of the Money Granted by the

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General Assembly for raising and paying the said Forces has fully and fairly accounted for all the said Monies as has come to his Hands.

His Excellency the Governor sent a Message to the House requiring the immediate attendance thereof in the Council Chamber with such Bills which are passed and Engrossed.

Mr. Speaker with the House attended on the Governor in the Council Chamber and Mr. Speaker presented to his Excellency the following Engrossed Bills for his assent (to-wit)

1. The Act for making Provision for an Orthodox Clergy

2. The Act for the better care of Orphans, and Security and management of their Estates

3. The Act for Establishing Superior Courts of Pleas and Grand Sessions &c

4. The Act to Establish Inferior Courts of Pleas and Quarter Sessions &c

5. The Act directing the method of Appointing Jurymen in all Causes Criminal and Civil &c

6. The Act to Improve the Navigation from Howards Bay in New River in Onslow County to Bear Inlett

7. The Act for enlarging the time for the inspection of Tobacco at the Public Ware house in the Town of Halifax for Increasing the Salaries of the Inspectors of the said Ware House and for other purposes therein mentioned

8. The Act for confirming an agreement made by the Present Church Wardens and Vestry of Edgcomb Parish in Halifax County with the Revd Mr. Thomas Burgess &c.

9. The Act for Establishing Vestries

10. The Act for Repealing the several Acts therein mentioned

To all which Acts His Excellency was pleased to Assent—Except the Act for Establishing Superior Courts of Pleas and Grand Sessions—And the Act for repealing the Several Acts therein mentioned.

The House returned and Mr. Speaker Reported that His Excellency the Governor had assented to the foregoing Bills Except the Superior Court Bill and the Bill for repealing the Several Acts therein Mentioned which his Excellency refused to Assent unto.

Agreeable to the resolve of this Day Mr. Speaker in the name of the House returned Thomas Child Esqr Attorney General the Thanks of the House for his candid advice to His Excellency the

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Governor regarding his passing the Superior and Inferior Court Bills

Received from the Council the Report of the Committee of Claims and Accounts Endorsed 23d May 1760 Concurred with

JAMES HASELL P. C.

Then the House adjourned till 9 oClock to morrow morning

Test Wm Herritage Clk.

Memorandum The Assembly was this Evening Prorogued by his Excellency by Proclamation under the Great Seal of the Province untill the Twenty sixth day this Instant.



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