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Colonial and State Records of North Carolina
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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
May 26, 1760 - May 27, 1760
Volume 06, Pages 420-427

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

At an Assembly begun and held at New-Bern the twenty fourth day of April in the year of our Lord one thousand seven hundred and sixty and 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 continued from thence by prorogation and adjournment to the 26th May in the year aforesaid being the second Session of this present Assembly.

In the Upper House
Present.
The Honble Jas. Hassell. Esqr
The Honble John Swann. Esqr
The Honble John Dawson. Esqr
The Honble Lewis de Rossett Esqr
The Honble John Rieussett Esqr
The Honble Richard Spaight Esqr &
The Honble Charles Berry Esqr

His Excellency the Governor came to this House & having commanded the attendance of the Assembly made to both Houses the following Speech

Gentn of His Maj. Council, Mr. Speaker and Gentn of the Assembly

I have now called you together after a short prorogation that you may have an opportunity to reconsider the Superior Court Bill that you may either expunge the clauses that are contrary to His Maj. instructions or to make it temporary for two years until His Maj.

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pleasure is known whether to continue it or not as I propose to prorogue you tomorrow by proclamation You will also consider whether you can pass a proper Aid Bill hitherto delayed so as to answer the purposes of Secretary Pitt's letter though I am afraid it too late for the service as required by his letter which was laid before you last Session

Mr. Speaker and Gentn of the Assembly

As the time is now so short and the greatest dispatch necessary to finish whatever shall be done this Session I shall avoid giving any delay by making at present any remarks on your last message to me.

Received from the Assembly by Mr. Cary & Mr. Harris a Bill for establishing Superior courts of Pleas and Grand Sessions.

On motion Ordered the said Bill to be read Read the same first time & pass'd.

Received from the Assembly by Mr. Vail and Mr. Ashe a Bill for granting an aid to His Majesty &c.

On motion order'd said Bill to be read, Read the same the first time and pass'd

Received from the Assembly from [by] Mr. Houston & Mr. Mackey a Bill for appointing an Agent to solicit and represent the affairs of this Province at the several Boards in England.

On motion order's the said Bill be read, Read the same the first time and passed

Received from the Assembly by Mr. Saunderson and Mr. Hewes a Bill for establishing Superior Courts of Pleas &c.

On motion order'd the said Bill be read, Read the same the second time and pass'd.

Received from the Assembly by Mr. Gibson & Mr. Waddell a Bill for granting an aid to His Majesty &c and a Bill for appointing an Agent &c.

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

The House met according to adjournment

Present as before.

Received from the Assembly by Mr. Barrow and Mr. Blount a Bill for establishing Superior Courts of Pleas &c. And a Bill for repealing an Act therein mentioned.

On motion order'd the Bill for establishing Superior Courts of

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Pleas &c. be read, Read the same the third time & order'd to be Engrossed

On motion order'd the Bill for granting an aid to His Majesty &c. be read. Read the same the second time amended and pass'd

Received from the Assembly by Mr. Gibson and Mr. Waddell a Bill for appointing an Agent &c.

On Motion order'd the said Bill be read. Read the same the second time amended and pass'd.

On Motion order'd the Bill for repealing an Act therein mentioned be read. Read the same the first time and pass'd.

Received from the Assembly the followg Resolve

Gentlemen of His Maj. Honorable Council

This House have resolved that Robt. Campbell who was a soldier under the command of Capt. Hugh Waddell and was shot scalped & wounded in the service of this Province and so disabled as to be under a perpetual disability of gaining hereafter his livelihood be allowed for his present subsistance the sum of Twenty Pounds and that Capt. Hugh Waddell pay the said sum and be allowed the same on his passing his accounts with the public. And also that Thos. Kersey one of the Volunteers concerned in the taking the scalps produced to this Assembly and was then shot through the Body and at present unfit for labour be allowed Ten Pounds to be paid also by Capt. Hugh Waddell and allow'd him on passing his accounts with the public to which desire Your Honors concurrence

SAM. SWANN, Speaker

26th May 1760.

On Motion order'd the above Resolves be taken into consideration, the same were taken into consideration and concurred with

Then the House adjourned [till] tomorrow Morng 9 o'clk.


Tuesday 27th May 1760. The House met according to Adjournment

Present as before

Received from the Assembly by Mr. Barrow and Mr. Gibson a Bill for appointing an Agent &c and a Bill for repealing an Act therein mentd

On Motion order'd the last mentioned Bill be read. Read the same the second time & pass'd.

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Received from the Assembly by Mr. Barker and Mr. Starkey a Bill for granting an aid to His Majesty &c.

On motion order'd the said Bill be read. Read the same the third time and pass'd. Order'd to be engross'd.

Received from the Assembly by Mr. McTyre and Mr. Ethridge a Bill for repealing an Act therein mention'd.

On motion order'd the said Bill be read. Read the same the third time & pass'd. Order'd to be engross'd

On motion order'd the following Message be sent to the Assembly.

Mr. Speaker and Gentlemen of the Assembly

On reading a third time in this House the Bill for appointing a public Agent to solicit and represent the affairs of this Province at the several Boards in England we find you have appointed Mr. Anthony Bacon for Agent as we cannot agree in such appointment we hope you will nominate some other person We also are of opinion that five Members of this House ought to be of the Committee of Correspondence and have chosen the Honble John Swann, Lewis De Rossett, John Rieussett, Charles Berry & Maurice Moore Esqres in behalf of this House We would also propose all letters to the Agent or other business to be transacted with him be approv'd of by at least three Members of each House If you agree to these amendments be pleased to send some of your Members to see the necessary alterations made in the Bill.

Received from the Assembly the following Message

Gentlemen of His Majesty's Honble Council

On reading your Message relative to the Bill for appointing an Agent we perceive that you object to the appointment of Mr. Bacon though no reason is offered to convince this House of the impropriety of such an appointmt. This Province has long labourd under great inconveniences for want of an Agent to represent their duty and loyalty to His Majesty and solicit their public affairs to the Boards in England in several Bills Mr. Abercrombie has been proposed by the Assembly and it being well known that his being nominated was the sole reason these Bills were not pass'd into Laws the House therefore to avoid all objections have nominated Mr. Bacon whose ability and integrity they are so well satisfied that they could not have apprehended there would have been any objection to him especially when it is considered that the Council have never heretofore

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altered the Assembly's nomination of an Agent in a Bill and that the appointment made by this House in a Bill particularly for that purpose was in consequence of what the Governor had expressly recommended. However as no reason has been given by your Honours against Mr. Bacon's qualifications this House is of opinion that they ought not to deviate from their nomination and therefore cannot agree to the alteration Your Honors have proposed in that instance As to the alteration you have been pleased to propose by inserting five Members of your House to be added to the Committee of Correspondence and to render it necessary that three of the Members of the Committee of each House should approve of all letters to the Agent and other business to be transacted We are of opinion that these alterations if agreed to might frequently prevent the meeting of a quorum of the Committee to transact such business as might be necessary and would probably render the correspondence ineffectual.

This House are sorry therefore to find themselves under a necessity of disagreeing to the whole of the amendments proposed and hope on reconsideration your Honrs will pass the Bill as sent from the Assembly.

SAMl SWANN Speaker

27th May 1760.

Received from the Assembly their Estimates of allowances &c. which on motion were read and concurred with

On Motion ordered the Bill for appointing an Agent &c. be put. The same was put & rejected.

Received from the Assembly the followg Message

Gentlemen of His Majestys Honble Council

The Chairman of the Committee of Public accounts having informed this House that Mr. Barker the Treasurer of the Northern District has paid into the said Committee in public notes of credit £16 redeemable the 29th Sept. 1758, £70 redeemable the 10th Dec. 1758, and £1,089.10.0. redeemable the 12th Dec. 1759 which together with £85.9.3½ interest which had accrued on the said notes at the times they were redeemable amount [to] Twenty hundred and sixty Pounds nine shillings and three pence half penny this House have therefore appointed a Committee of the whole House to see the said notes burnt at the house of Richard Cogdell in New Bern at 7 o'clk

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this Evening and desire you'll appoint a Committee of your House to see the same done.

SAM. SWANN Speaker

27th May 1760.

Received from the Assembly the followg Resolve

Gentn of His Majesty's Honble Council.

This House have resolved that the expenses of the person who is come express from the Lieut. Governor of Virginia to His Excellency whilst in Town and also twenty shillings to Richard Cogdell for necessaries found by him for the Tuscarora Indians be paid by the Treasurer of the Southern District and shall be allowed him on passing his accounts with the public and desire your Honor's concurrence thereto.

SAMl SWANN Speaker

27 May 1760.

On motion order'd the above Resolve be taken into consideration, the same was taken into consideration and concurred with

On Motion order'd the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message of this day relative to burning the several sums paid into the Committee of Accounts by Mr. Barker Treasurer of the Northern District this House have resolved that a Committee of the whole House join your Committee to see the same done agreeable to your Message.

His Excellency the Governor came to this House and commanded the attendance of the Assembly whereupon the Speaker attended by the Assembly waited upon His Excellency in the Council Chamber and presented him the following Acts for assent

1. An Act for granting an aid to His Majesty

2. An Act for establishing Superior Courts of Pleas and Grand Sessions.

3. An Act to repeal an Act therein mentioned

To which Acts His Excellency was pleased to assent except the Bill for granting an Aid to His Majesty &c. adn then made to both Houses the following Speech

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Gentlemen of His Maj. Council Mr. Speaker and Gentlemen of the Assembly

I could not pass the Aid Bill as it has hitherto been delayed so long and is besides restrained and clogged in such a manner as to be of no service to His Majesty and this Province even in the War against the Cherokees. In the first place no more than twenty shillings bounty to raise the men when they could not be completed in two months upon a former expedition when a Bounty was given of ten pounds.

Secondly Warrants are ordered to be given by the Governor to such persons of the Militia or others who are to raise the men and after forty days upon their returns to me I am to grant Commissions to those who shall have raised most men and the major who is to command the first Company of one hundred men must either be an inexperienced Officer or the present Senior Officer must be removed from a disciplin'd established Company which may be reduced soon after and all other officers are to have rank according to the number each raises whether qualified or not for their post and the Officers who are now in pay and the disciplined soldiers are not to be employed or act in the three Companies which are to serve against the Cherokees or elsewhere on this Continent & consequently an unexperienced Officer must have the command abroad with undisciplined men and experienced Officers must be kept in garrisons.

Thirdly these Companies cannot be officerd during forty days and consequently can be of no service to you or the Virginia Forces if any should be sent nor are there arms in the Province serviceable to enable them to act, whereas had they been raised earlier and had all been allowed to join His Maj. Forces they might then have got arms from His Majesty and the only arm'd & disciplined Company His Majesty is to be deprived of in case the men should be required abroad which is confined to the Continent.

Upon the whole it is impossible they should be raised in time to do any service in Foreign operations or against the Cherokees for the attack now formed against the Cherokees by So. Carolina will probably be over before any of these men propos'd can act and a peace concluded with them. The consequence of which is that these men propos'd must again be reduced when the service they are wanted for is over the whole scheme being calculated to have £12,000 Currency issued without a sinking fund and made a tender in all payments which you would have me pass contrary to my Instructions from His Majesty and as soon as a small part thereof is expended to

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no purpose then the remainder is to be applied to the contingent charges of the Province but lock'd up and not to be apply'd but by future General Assemblys with a view of lodging it with the Treasurers and paying them for issuing it and so depreciating the present currency so that if there was never so great an emergency by insurrections invasions or other misfortunes the Governor and Council cannot employ it upon any necessary contingency.

Sent to the Assembly the estimate of allowances &c. of this House for their concurrence And received it from the Assembly concurr'd with.

Then his Excellency the Governor prorogued this Assembly till the ninth day of September next

True Copy

JOHN SMITH
Clk of the Upper House of Assembly.