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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
May 26, 1760 - May 27, 1760
Volume 06, Pages 427-438

[B. P. R. O. North Carolina. B. T. Vol. 29.]
North Carolina—ss.

At an Assembly begun and held at New Bern the Twenty second 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 and so forth and in the year of our Lord one thousand seven hundred and sixty and from thence continued by several prorogations and adjournments to the twenty sixth day of May in the said thirty third year of the reign of our said Lord the King &c to be then held at New Bern being the second Session of this present Assembly


Monday the 26th of May 1760
Members present
Samuel Swann Esq. Speaker.
Mr. Jno. Starkey.
Mr. Fras. Corbin.
Mr. Jno. Barrow.
Mr. Edw Vail.
Mr. Duncan Lemon.
Mr. Sam. Swann jr
Mr. Cor. Harnett.
Mr. Jno. Simpson.
Mr. Steph. Dewey.
Mr. Thos. Gibson.
Mr. Wm Mackey.
Mr. Robt. Harris.
Mr. Sam. Benton.
Mr. Alex. McCulloh.
Mr. Needham Bryan.
Mr. Caleb Ethridge.
Mr. Thos. Graves.
Mr. Jos. Bell.
Mr. Jacob Blount.
Mr. Wm Bray.
Mr. Jacob Farrow.
Mr. And. Thomson.
Mr. Steph. Hooker.
Mr. Tyre Harris.
Mr. John Hill.
Mr. Steph. Williams.
Mr. Thos. Taylor.
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Mr. Edm. Smithwick
Mr. Moses Houston.
Mr. Hugh Waddell.
Mr. Mich. Coutanche
Mr. Jno. Ashe.
Mr. Jas. Cary.
Mr. Rich. Saunderson.
Mr. Jas. Blount.
Mr. Wm. Williams.
Mr. Wm. Fareby.
Mr. Jos. Leech.
Mr. Robt. Jones.
Mr. Thos. Barker.
Mr. Thos. Child.
Mr. Jos. Hewes.
Mr. Wm. Magee.
Mr. Jas. Davis.
Mr. John Frohock.
Mr. Thos. Bonner.

His Excellency sent a Message to the House requiring the immediate attendance thereof in the Council Chamber

Mr. Speaker with the Members waited on His Excellency in the Council Chamber when His Excellency was pleased to make a Speech to His Majesty's Council and this House

Mr. Speaker with the House returned and Mr. Speaker reported that he with the House had waited on His Excellency the Governor in the Council Chamber where His Excellency made a Speech to His Maj. Council and this House a copy of which to prevent mistakes he had obtained and laid the same before the House. Ordered the same be read the same is read and is as follows Vizt

Gentlemen of His Maj. Honble Council Mr. Speaker & Gentlemen of the Assembly

I now have 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. instructs or make it temporary for two years until His Maj. pleasure is known whether to continue it or not as I purpose to prorogue you tomorrow by Proclamation You will also consider whether you will pass a proper Aid Bill hitherto delayed so as to answer the purposes of Secretary Pitt's letter though I am afraid it is too late for the service as required by his letter which was laid before you last Session.

Mr. Speaker & Gentlemen 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.

ARTHUR DOBBS.

The House having taken His Excellency' Speech into consideration are of opinion that the time proposed by His Excellency for the continuance of this Session is too short to admit of the usual ceremony

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of addressing him in answer to his Speech and therefore it is Resolved that the Assembly immediately proceed upon the matters recommended to their consideration by the Governor.

Mr. Jones moved for leave to bring in a Bill for establishing Superior Courts of Pleas and Grand Sessions and other purposes.

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

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

Sent the same to the Council by Mr. Cary and Mr. Tyre Harris.

Mr. Jones moved for leave to bring in a Bill for granting an Aid to His Majesty & other purposes

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

Mr. Jones brought in the above said Bill which he read in his place and delivered in at the table where the same was again read by the Clerk passed and ordered to be sent to the Council.

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

On Motion the House Resolved as follows (Viz:) Resolved that it is of indispensible necessity to the welfare of this Province that some person of ability and address be appointed as a public Agent to represent to His Majesty and solicit at the Boards in England such matters as may be necessary relative to the Provincial Affairs.

Resolved that Mr. Anthony Bacon of London Merchant be appointed Agent of this Province for the purposes aforesaid for the space of two years and for his Salary shall be paid Two Hundred pounds per ann: sterling money

Resolved that Samuel Swann John Starkey George Moore and John Ashe Esqres. or any three of them be a Committee of Correspondence and be empowered to correspond with the said Anthony Bacon on the business of the public and communicate to him such documents matters and things as may be necessary for the information and instruction therein.

Mr. Barker moved for leave to bring in a Bill to appoint a public Agent to solicit and represent the affairs of this Province at the several Boards in England.

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

Mr. Barker brought in the above mentioned Bill which he read

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in his place and delivered in at the table where the same was again read by the Clerk passed and ordered to be sent to the Council

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

Received from the Council the Bill for establishing Superior Courts of Pleas and Grand Sessions and for other purposes. Endorsed 26th May 1760 in the Upper House read the first time and passed.

On Motion Order'd the Bill for establishing Superior Courts of Pleas and Grand Sessions and for other purposes be read the second time Read the same the second time passed Order'd to be sent to the Council.

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

Received from the Council the Bill for granting an Aid to His Majesty & other purposes. Endorsed 26th May 1760 In the Upper House read the first time and passed.

On Motion Ordered the Bill for granting an Aid to His Majesty and for other purposes 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. Gibson & Mr. Waddell

Received from the Council the Bill for establishing Superior Courts of Pleas and Grand Sessions and for other purposes Endorsed in the Upper House Read the second time and passed 26 May 1760.

And the Bill for appointing a public Agent to solicit and represent the affairs of this Province at the several Boards in England. Endorsed 26 May 1760 in the Upper House read the first time and passed

On motion Ordered the Bill for appointing a public Agent to solicit and represent the affairs of this Province at the several Boards in England be read a 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. Gibson and Mr. Waddell.

On motion Ordered the Bill for establishing Superior Courts of Pleas and Grand Sessions and for other purposes be read a third time Read the same the third time passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Barrow and Mr. Blount.

Mr. Barker moved for leave to bring in a Bill for repealing an Act therein mentioned.

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

Mr. Barker according to order brought in the above mentioned Bill which he read in his place and delivered in at the table where

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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 & Mr. Blount.

Then the House adjourned till 3 o'clock afternoon

P. M. The House met according to adjournment.

On motion Ordered the consideration of the several Petitions from the inhabitants of Beaufort County for and against the division of the said County be referred to the next Session of Assembly.

Received from the Council the Bill for establishing Superior Courts of Pleas and Grand Sessions &c. Endorsed 26 May 1760 in the Upper House read the third time and passed Ordered to be Engrossed.

It appearing to the House that Robt. Campbell who was a soldier under the command of Capt. Hugh Waddell had been shot scalped & wounded in the service of this Province and so disabled as to be under a perpetual disability of hereafter gaining his livelihood.

Therefore Resolved that for his present subsistence he be allowed 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.

It appearing to the House that Thomas Kersey one of the Volunteers concerned in the taking the scalps produced to this Assembly had been shot through the Body and is at present unfit for labour

Therefore Resolved he be allowed the sum of Ten Pounds Proclamation and be paid the same by Capt. Hugh Waddell and allowed him on passing his accounts with the public.

Resolved the following Message be sent to the Council, Viz:

Gentlemen of His Maj. Honble Council

This House have resolved that Robert Campbell who was a soldier under the command of Capt. Hugh Waddell and was shot scalped and wounded in the service of this Province and so disabled as to be under a perpetual disability of hereafter gaining his livelihood be allowed for his present subsistence 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 Thomas 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

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paid also by Capt. Hugh Waddell and allowed him on passing his accounts with the Public to which desire Your Honours concurrence.

SAM. SWANN, Speaker
By Order
Wm. Herritage Clk

26 May 1760.

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

Received the above Message from the Council Endorsed 26 May Concurred with

JAS. HASELL, P. C.

Received from the Council the Bill for granting an aid to His Majesty and other purposes. Endorsed 26 May 1760 in the Upper House Read the second time amended and passed

The House came to the following Resolution thereon (Viz:)

Resolved that the Council by having altered the said Bill have invaded the indubitable privileges of this House of framing aid Bills for His Maj. service in such manner as they think most conducive to the purposes intended by such Bills

Resolved that the Council by the alteration they have made in the said Bill have manifested an intention to interrupt the harmony which ought to subsist between that Board and this House and to defeat the dutiful endeavours of the Assembly in granting the said Aid.

Resolved that the Assembly being desirous of every opportunity of demonstrating their loyalty to His Majesty by exerting their ardent endeavors for his service will not at this important crisis reject the said Bill But notwithstanding the said unparliamentary proceedings of the Council will proceed on the same.

Then the House adjourned till tomorrow morning 7 oClock


Tuesday the 27th of May 1760. The House met according to adjournment

On Motion Resolved that the proceeding in the Aid Bill after the alteration made by the Council shall not hereafter be drawn into precedent to give them any right to make any alterations in Money Bills

Received from the Council the Bill for repealing an Act therein mentioned. Endorsed 26th May 1760 in the Upper House Read the first time and passed.

And the Bill for appointing a Public Agent to solicit and represent

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the affairs of this Province at the several Boards in England Endorsed 26th May 1760 in the Upper House Read the second time amended & pass'd.

On Motion Ordered the Bill for repealing an Act therein mentioned be read a second time Read the same a second time passed & Order'd to be sent to the Council.

Sent the same to the Council by Mr. Barrow and Mr. Gibson.

On Motion Ordered that the Bill appointing a Public Agent to solicit and represent the affairs of this Province at the several Boards in England be read the third time Read the same the third time amended passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Barrow and Mr. Gibson.

On Motion Ordered that the Bill for granting an Aid to His Majesty and for other purposes be read the third time. Read the same a third time amended and passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Barker and Mr. Starkey.

Received from the Council the Bill for repealing the Act therein mentioned Endorsed 27 May 1760 In the Upper House read the second time and passed

On Motion Ordered the Bill for repealing an Act therein mentioned be read a third time Read the same a third time passed & Ordered to be sent to the Council

Sent the same to the Council by Mr. Tyree Harris and Mr. Caleb Ethridge.

Received from the Council the Bill for granting an Aid to His Majesty &c. Endorsed 27 May 1760 In the Upper House Read the same a third time passed & Ordered to be engrossed.

Received from the Council the Bill for repealing an Act therein mentioned Endorsed 27 May 1760 In the Upper House read the third time & passed Ordered to be Engrossed.

Received from His Maj. Honble Council the following Message (viz.)

Mr. Speaker and Gentlemen of the Assembly.

On reading in this House the third time 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 with you 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

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Swann, Lewis De Rossett, John Rieusset, Charles Berry and Maurice Moore Esqres on behalf of this House We would also propose that all letters to the Agent or other business to be transacted with him be approved 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.

Resolved the following Message be sent to the Council (viz:)

Gentlemen of His Maj. 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 appointment This Province has long laboured under great inconveniency for want of an Agent to represent their duty and loyalty to his Majesty and solicit their public affairs at 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 those Bills were not passed into law the House therefore to avoid all objection have nominated Mr. Bacon of whose ability & 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 altered the Assembly's nominatoin of an Agent in any Bill And that the appointment made by this House in a Bill particularly framed for that purpose was in consequence of what the Govr had expressly recommended. However as no reason has been given by Your Honors 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 you propose in that instance. As to the alterations you have been pleased to propose as an amendment by inserting five Members of your Board to be joined 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 therefore are very sorry to find themselves under a necessity of disagreeing to the whole of the amendments proposed and

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hope on reconsideration your Honors will pass the Bill as sent from the Assembly.

SAM. SWANN, Speaker.
By Order
Wm Herritage Clk.

27th May 1760

Sent the above Message by Mr. Hutchins and Mr. Vail.

Resolved the following Message be sent to His Maj. Honble Council (Vizt)

Gentlemen of His Maj. Honble Council

The Chairman of the Committee of public accounts having informed the House that Mr. Barker Treasurer of the Northern District paid into the said Committee in public notes of credit £16 redeemable 29th Sept. 1758, £70. redeemable 10th Dec. 1758 and £1,089.10 redeemable 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 twelve hundred and sixty pounds nineteen shillings & 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'clock this evening and desire you'll appoint a Committee of your House to see the same done.

SAM. SWANN Speaker.

Then the House adjourned till 3 o'clock afternoon

The House met according to adjournment

Resolved that the expenses of the person who came express from Virginia to His Excellency whilst in Town and also that the sum of Twenty two shillings Proclamation money be paid to Richard Cogdell for necessaries found by him for the Tuscarora Indians whilst in Town this Session by the Treasurer of the Southern District & shall be allowed him on passing his accounts with the public.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Maj. Honble Council

This House have Resolved that the expenses of the person who is come express from the Lieut. Gov. of Virginia to His Excellency whilst in Town and also twenty two shillings to Richard Cogdell for necessaries found by him for the Tuscarora Indians be paid by the

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Treasurer of the Southern District and shall be allowed him on passing his accounts with the public and desire your Honor's concurrence thereto.

SAM. SWANN Speaker.
By order
Wm Herritage Clk.

27th May 1760.

Sent the above Message by Mr. Hutchins and Mr. Gibson.

On Motion Resolved that it appears to the House that Mr. James Davis hath complied with his Agreement in the Resolve of the Assembly of the 23 Dec. 1758 and that he is entitled to receive the consideration mentioned therein.

The Council having rejected the Bill for appointing Mr. Anthony Bacon of London Merchant Agent of this Province

On Motion Resolved that the said Mr. Bacon be appointed Agent for the Assembly of this Province for and during the space of two years from and after the first day of October next and empowered to solicit and transact all affairs relative to the proceedings of the said Assembly which shall or may be necessary to be represented and made known to His Majesty or any of the public Boards in England according as he shall from time to time be instructed or find necessary And for his services trouble and expences therein shall be allowed £200 sterling per annum during his said agency

Resolved that Samuell Swann John Starkey George Moore and John Ashe Esqres or any three of them be and are appointed a Committee of Correspondence in behalf of the Assembly to correspond with the said Anthony Bacon and to communicate to him such documents matters and things as may be necessary for his information & instruction

Received from the Council the Resolves of this House sent this day regarding the payment of the expences of the person who came express from the Lieut Gov. of Virginia &c. Endorsed 27 May 1760 in the Upper House the above Resolve was read and concurred with

JAS. HASELL P. C.

And a Message from the Council as follows. Vizt

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

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Committee of the whole House join your Committee to see the same done agreeable to your said Message

JAS. HASELL. P. C.

His Excellency the Governor sent a Message to the House requiring the immediate attendance thereof in the Council Chamber with the engrossed Bills.

Mr. Speaker with the House waited upon His Excellency in the Council Chamber and Mr. Speaker presented the following Bills for His Excellency's assent to wit—

The Bill for granting an Aid to His Majesty and other purposes, which His Excellcy refused his assent to

The Bill for establishing Superior Courts of Pleas and Grand Sessions &c. and

The Bill to repeal an Act therein mentioned

To which two last mentioned Bills his Excelcy was pleased to assent and made the following Speech to-wit:

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 is given as a 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 unexperienced officer or the present Senior Officer must be removed from a disciplined established Company to an undisciplined incomplete Company which may be reduced soon after and all other Officers are to have rank according to the numbers 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 and consequently an unexperienced Officer must be made Major and other unexperienced

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Officers must have the command abroad with undisciplined men and experienced men must be kept in garrisons.

Thirdly these Companies cannot be officered during forty days and consequently can be of no service to join 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 joyn his Maj. forces they might then have got arms from his Majesty And the only armed and 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 South Carolina will probably be over before any of these men proposed can act and a Peace concluded with them The consequence of which is that these men proposed 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 no purpose then the remainder is [not] to be applied for the contingent charges of the Province but locked up and not to be applied but by future General Assemblies 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 cant employ it upon any necessary contingency.

And then prorogued this Assembly to Tuesday the ninth day of September next.

Mr. Speaker with the House returned and Mr. Speaker pronounced the prorogation accordingly.

True Copy

Wm HERRITAGE
Clk of the Assembly.

30 June 1760.