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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
June 30, 1760 - July 14, 1760
Volume 06, Pages 438-446

[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

-------------------- page 439 --------------------
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, Defender of the faith &c. And continued from thence by Several prorogations and Adjournments to the thirtieth day of June in the year aforesaid being the third Session of this Assembly.

[In the Upper House]

Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis De Rossett Esqre
The Honble Rich. Spaight Esqre and
The Honble Maurice Moore Esqre

John Burgwin produced His Excell. the Governor's Commission appointing him the said John Burgwin Clerk of this House who took the State Oaths subscribed the Test and took an Oath for the due execution of this office as Clerk of the same.

His Excellency the Governor came to this House and having ordered the attendance of the Speaker and Lower House of Assembly delivered the following Speech to both Houses.

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

Upon the receipt of a letter from Lieut. Gov. Bull which I shall lay before you acquainting me that the Upper Creeks had murdered many of their Indian Traders by the instigation of the French and that they expected an immediate general Indian War from the Creeks and probably the Choctaws would also join them which would put these Southern Provinces between two fires so that our neighbouring Provinces would be in imminent danger I thought it my duty by the advice of His Maj. Council to call you together and if necessary to put this Province in a state of defence and to support our Southern Neighbours since which by the blessing of God Col. Montgomery has given the Cherokees a considerable stroke which I hope by following the blow will bring that nation to peace and may prevent the general Indian War I therefore want your assistance if necessary to put this Province into a respectable state by renewing the Militia Law and if troops should be found necessary during this short session for the immediate assistance of our neighbours that I may have it in my power to raise what Troops you may think necessary for His Maj. service being unwilling without immediate danger to put this Province into any unnecessary expense.

-------------------- page 440 --------------------

I shall therefore leave it to your own wisdom and prudence how far you will arm further than putting the Militia under due regulations for your own safety and hope whatever you do it may be done with dispatch that I may dismiss you to attend your own private affairs having nothing further to recommend to you

This House having taken into consideration His Excellency's Speech Ordered it to be read which was accordingly done

Then the Honble Lewis De Rossett and Maurice Moore Esqres were appointed a Committee to draw up an Address in answer to His Excell. Speech

Then the House adjourned till to morrow morng 10 o'clk


Tuesday the 1st July 1760.
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis de Rossett Esqre
The Honble Richd Spaight Esqre &
The Honble Maurice Moore Esqre

The Committee appointed by this House to draw up an Address in answer to His Excel. the Governor's Speech reported that they had prepared the same which was ordered to be read The same was read and approved of and resolved that the same stand the Address of this House and be entered on the Journals thereof as follows Viz:

Sir,

We His Maj. most dutiful and loyal subjects the Council of North Carolina return Your Excellency our thanks for your Speech at the opening of this Session.

The formidable alliance of those powerful Tribes of Indians to the Westward whose united force seem to threaten the most cruel Massacres if not the total destruction of the exterior settlements of these Southern Colonies is a prospect gloomy and highly affecting not only on account of the many useful Members of the Provinces in general which must fall a sacrifice to Barbarian cruelty but as in all probability it will affect an entire evacuation of the most flourishing part of this, We however trust that Divine Providence will extend its protecting arm and avert these evils to which at this juncture we are so apparently exposed by rendering those measures effectual which doubtless will be immediately taken by the Assembly

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for our preservation and with which we shall most cheerfully concur

Then the House adjourned till tomorrow morning 9 o'clock.


Wednesday. July 2d 1760. The House met according to adjournment
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis de Rossett Esqre
The Honble Rich. Spaight Esqre &
The Honble Maur. Moore Esqre

This House waited on His Excellency and by the Honble James Hasell presented him with their Address to which His Excellency was pleased to make the following answer to-wit

Gentlemen of His Maj. Council

I return you thanks for so readily promising to concur in such measures as the Assembly shall think proper to agree to in making provision in case the Indian War should continue and become general so as to put this Province into a respectable state.

Then the House adjourned till tomorrow morning 9 O'clk


Thursday Morng. July 3rd 1760. The House met according to adjournment

Present as above

Then the House adjourn'd till tomorrow morng. 9 o'clk.


Fryday Morng. July 4th 1760. The House met according to adjournment

Present as before

Then the House adjourned till tomorrow morng. 9 o'clk.


Saturday Morng. July 5th 1760. The House met according to adjournment

Present as before

Then the House adjourn'd till Monday Morng. 10. o'clk


Monday Morng. July 7th 1760. The House met according to adjournment

Present as before

Then the House adjourn'd till Tomorrow morng. 10. o'clk

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Tuesday Morng July 8th 1760. The House met according to Adjournment
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis De Rossett Esqre
The Honble Rich Spaight Esqre &
The Honble Maurice Moore Esqre

Received from the Assembly by Mr. Howe & Mr. Dry a Bill for granting an aid to His Majesty and other purposes, On motion ordered the said Bill be read. Read the same the first time amended and passed.

Received from the Assembly by Mr. Howe & Mr. Dry a Bill for appointing a public Agent to solicit & represent the affairs of this Province at the several Boards in England

Then the House adjourned till tomorrow morng 10 o'Clock


Wednesday Morng July 9th 1760. The House met according to adjournment

Present as before

Then the House adjourned till 3 o'clk in the afternoon

The House met according to adjournment

Present as before

And adjourned till 10 o'clock tomorrow morng.


Thursday Morng July 10th 1760. The House met according to adjournment
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis De Rossett Esqre
The Honble Rich. Spaight Esqre &
The Honble Maurice Moore Esqre

Received from the Assembly by Mr. Harnett & Mr. Howe a Bill for granting an aid to His Majesty & other purposes.

On motion ordered the said Bill be read Read the same the second time amended & passed

Received from the Assembly by Mr. Hutchins and Mr. Frohock a Bill for appointing a Militia

On Motion ordered that the Bill for appointing a Public Agent to solicit and represent the affairs of this Province at the several Boards in England be read Read the same the first time & passed

Received from the Assembly by Mr. Harnett and Mr. Howe a Bill

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for confirming the charter of the Borough of Wilmington and other purposes

On Motion ordered that the said Bill be read Read the same the first time and passed.

On Motion ordered that the Bill for appointing a Militia be read Read the same the first time amended and passed

Then the House adjourned till 10 o'clk tomorrow Mg


Fryday Morng July 11th 1760. The House met according to adjournment
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis De Rossett Esqre
The Honble Richd Spaight Esqre &
The Honble Maurice Moore Esqre

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

On Motion ordered that the said Bill be read. Read the same the third time and passed

Ordered to be engrossed

Then the House adjourned till tomorrow Mg 10 o'clk


Saturday. July 12th 1760. The House met according to adjournment
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble Lewis De Rossett Esqre
The Honble Rich Spaight Esqre &
The Honble Maur. Moore Esqre

Received from the Assembly by Mr. Harnett and Mr. Caswell the Bill for appointing a public Agent to solicit and represent the affairs of this Province at the several Boards in England.

Also a Bill for confirming the Charter of the Borough of Wilmington & other purposes.

On motion order'd that the Bill for confirming the Charter of the Borough of Wilmington and other purposes be read Read the same the second time and passed.

On motion ordered that the Bill for appointing a Public Agent to solicit and represent the affairs of this Province at the several Boards in England be read. Read the same the second time amended and passed

Received from the Assembly by Mr. Ashe and Mr. Bartram the Bill for appointing a Militia

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On motion order'd that the same be read Read the same the second time amended & passed

Then the House adjourned till 3 o'clk in the afternoon


Saturday 3 o'clock afternoon The House met according to adjournment
Present
The Honble James Hasell. Esqr
The Honble John Swann Esqr
The Honble Lewis de Rossett Esqr
The Honble Rich. Spaight Esqr &
The Honble Maur. Moore Esqr

Received from the Assembly by Mr. Howe and Mr. Davis a Bill for appointing a public Agent to solicit and represent the affairs of this Province at the several Boards in England

Received from the Assembly by Mr. Dry and Mr. Gibson the Bill for appointing a Militia

Then the House adjourned till Monday Morng 10 o'clk


Monday Morng July 14th 1760 The House met according to adjournment
Present
The Honble James Hasell. Esqr
The Honble John Swann. Esqr
The Honble Lewis de Rossett Esqr
The Honble Rich. Spaight Esqr &
The Honble Maur. Moore Esqr

On motion order'd that the Bill for appointing a Militia be read Read the same the third time and passed Ordered to be engrossed

On motion ordered that the Bill for appointing a Public Agent to solicit and represent the affairs of this Province at the several Boards in England be read Read the same the third time and Ordered to lye over

Then the House adjourn'd till 3 o'clk in the afternn


Monday afternoon July 14th 1760. The House met according to adjournment
Present
The Honble James Hasell. Esqr
The Honble John Swann. Esqr
The Honble Lewis de Rossett. Esqr
The Honble Rich. Spaight Esqr &
The Honble Maur. Moore Esqr

Received from the Assembly the followg Resolves

Gentlemen of His Maj. Honble Council

As the Act for appointing James Davis, Printer for this Province

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expires with this Session This House have resolved that the said James Davis be continued Printer to this Province from this time to the end of the next Session of Assembly and that he continue to print and transmit to the several Counties the Acts of Assembly and other public matters as usual to which desire your Honors concurrence

SAM. SWANN Speaker
By order.
Wm Herritage Clk

14 July 1760

Tuesday the 27th May 1760 in the Assembly. Resolved that it appears to this House that Mr. James Davis hath complyed with his Agreement in the Resolve of the Assembly of the 23rd of Decr 1758 and that he is entitled to receive the consideration mentioned therein

SAM. SWANN Speaker
Test.
Wm Herritage Clk of the Assembly.

Gentlemen of His Maj. Honble Council

It having been made appear that James Keyon who was enlisted under Captain Waddell on an Expedition to the Ohio & after discharge appeared in this Province within the time limited by law to entitle him to Five Pounds Bounty Money but thro' sickness and other disability could not attend the Assembly to make his claim It is therefore Resolved that the Treasurer of the Southern District pay the said Five Pounds to the said Keyon and be allowed the same on passing his account with the public Desire Your Honor's concurrence thereto.

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

14 July 1760

On Motion Ordered the foregoing Resolves be taken into consideration

The same were accordingly taken into consideration and concurred with.

Resolved that the sum of fifty shillings Proclamation Money be paid to the Clerk of this House for the time being on each private Bill one half of which to be paid before the first reading and the other half to be paid at or before the passing of the same

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

Sent to the Assembly the Estimate of allowances &c. of this House

-------------------- page 446 --------------------
for their concurrence & received it from the Assembly concurred with

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 followg Acts for his Assent, Viz:

1st An Act for granting an aid to His Majesty

2d An Act for appointing a Militia.

To which Acts his Excellency was pleased to assent and then made to both Houses the following speech, to-wit

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

I return you my thanks for the necessary aid you have granted to His Maj. upon this emergency in defence of this and our Neighbouring Provinces against the Indians and our inveterate enemies the French And that in granting it you had a just regard to His Maj. prerogative which you will always find the most prudent measure to secure your own rights and privileges and to procure You favour from the Crown and will enable me by obeying His Maj. instructions to concur with you in every measure which may promote the trade improvement and happiness of the Colony which shall be my sole view notwithstanding the calumnies spread against my administration by self interested and designing persons to gain their private ends which I hope will now subside when it shall be found that I shall be as tender of the Assembly's privileges as I shall be of His Maj. just prerogatives and hope for the future as we have by the Divine assistance a prospect of a safe and glorious Peace that I shall never have occasion to demand any future supplies but what shall be necessary for the interior safety and improvement of the morals trade and navigation of this Province.

Then His Excellency the Governor was pleased to prorogue this Assembly till the first day of September next

Test

JOHN BURGWIN
Clk of the Upper House.