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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
November 05, 1760 - December 03, 1760
Volume 06, Pages 446-469

[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 447 --------------------
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 fifth day of November in the year aforesaid being the fourth Session of this Assembly.

In the Upper House.
Present.
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House was prorogued till to morrow morning.


Thursday Nov 6th 1760. The House met according to Prorogation.
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House adjourned till to morrow morning 10 o'Clock.


Fryday November the 7th 1760. The Assembly was again prorogued to this day and being met according to Prorogation.
In the Upper House.
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House adjourned till to morrow morning 10 o'Clock


Saturday morning November 8th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House adjourned till tomorrow morning 10 o'Clock


Monday morning November 10th 1760. The House met according to adjournment
-------------------- page 448 --------------------
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House adjourned till tomorrow 10 oClock


Tuesday November 11th 1760. The House met according to Adjournment

Present as before

Then the House adjourned to tomorrow morng 10 oClock.


Wednesday November 12th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

His Excellency the Governor came to this House and commanded the Attendance of the Speaker and lower House of Assembly, who attended Accordingly, when his Excellency was pleased to deliver the following Speech to both Houses.

Gentlemen of his Majestys Council Mr. Speaker and Gentlemen of the Assembly

It is with the greatest pleasure that I can acquaint you of the Glorious Conquest and Acquisition of all Canada by the remarkable Interposition and Assistance of Divine providence with a very inconsiderable Loss. The French having submitted to the Terms offered without the effusion of Blood, to the Immortal Honour of his Majestys Forces. Owing to the well concerted Plan laid by General Amherst, and to his Generous treatment of an Implacable Enemy.

This surprising success without Loss must conduce to a Speedy and Honourable Peace which will secure the future peace and safety of all his Majestys American Colonies, and our holy Religion Liberties and Possessions, upon which I sincerely congratulate you.

By the last advices I have received from the Lieutent Governors Fauquier and Bull which I shall lay before you. An offer of Peace and Pardon has been made to the Cherokees upon Honourable Terms to these Colonies, which if complied with will secure our future peace; And it at present appears that our Great Northern Success has intimidated the Indians so farr as to desire a Peace. But if

-------------------- page 449 --------------------
the terms proposed should not be accepted the adjoining Colonies are determined to exert their whole force to reduce them to such Terms as will prevent any dread of a future Indian warr, and therefore expect that this Province should join heartily in Exerting our force to Act in conjunction with them; As things are now brought to a Crisis, I must warmly and in the Strongest manner recommend it to you for your Honour as well as Interest not only to continue the force already raised in pay until a Peace is confirmed Effectually with the Cherokees, but also to add to the number already raised in proportion to our Neighbouring Colonies in order to obtain a Speedy Peace or reduce so treacherous an Enemy in case the present treaty should not succeed and I hope this may be the last supply his Majesty will ever require from you to secure your future Peace Religion and Liberties.

As I shall always be unwilling to load this Province with Taxes but for their own Safety in order to avoid any new Tax or Issueing of Notes to depreciate our Currency I shall enter into any reasonable measure that so much of the sum paid in to our Agent in London from the Treasury of which I have received Advice should be Employed to pay the forces already raised or which may be raised by Drawing Bills upon the Agents, until a peace shall be obtained or the Indian commotions subside.

Mr. Speaker and Gentlemen of the Assembly—I must also recommend it to you that One Thousand Pounds sterling should be paid out of the sum in the Agents hands to discharge the sum of one Thousand Pounds advanced by the Earl of Loudoun and Mr. Shirley to pay our forces in New York in order to take up Mr. Hugh Wallaces Bond which he gave upon the Credit of this Province and also to Pay him what Ballance still further Remains due to him upon your Passing his account as well as that sum advanced for the pay of our forces employed upon the Ohio upon the Credit of this Province by Brigadier Forbes, that this Colony may preserve its Honour and Credit abroad.

Gentlemen of his Majestys Council, Mr. Speaker and Gentlemen of the Assembly—I have nothing more to recommend to you but that you would think of giving a Premium to Encourage the raising and Exporting of Hemp to Great Britain to be upon an equal footing with your Neighbouring Colonies As also upon Flax Seed, And that the Inspection Laws might take place upon Tobacco and Flour upon Cape Fear River as they are likely to become articles of export And also that you would seriously consider of giving encouragement

-------------------- page 450 --------------------
for schools to be paid for the Education of your youth in Christian Principals and in other Branches of Learning that may make them Valuable members of Society.

As it has always been my principal View and Care to promote the Happiness peace and safety of this Province and to preserve his Majestys Just prerogative and the Just rights of the Assembly so I shall Join in every measure agreable to my Instructions from his Majesty to procure unity and Harmony and the Peace safety and Improvement of this Province.

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

Then the Honble John Swann, Lewis De Rossett and Maurice Moore Esqrs were appointed a Committee to draw up an Address in Answer to his Excellency's Speech.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday Morning November 13th 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 John Rieussett Esqr and
The Honble Maurice Moore Esqr

Then the House adjourned till tomorrow morning 10 oClock.


Fryday morning November 14th 1760. The House met according to adjournment.

Present as before.

Then the House adjourned till three oClock in the afternoon.


Friday afternoon. The House met according to adjournment.

Present as before.

Then adjourned till tomorrow morning 10 oClock.


Saturday morning November 15th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

The Committee appointed by this House to draw up an Address

-------------------- page 451 --------------------
in Answer to His Excellency the Governors 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 Journal thereof as follows (Vizt

Sir—We his Majestys 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 late great and important acquisition of all Canada under the Prudent Conduct of General Amherst and Valour of his Majestys Troops (which doubtless has been Influenced by the Wise and inevitable Decrees of Divine Providence) is an event truly Glorious to his Majestys Arms, and must Effectually secure the future peace and safety of North America.

It is on this Happy Occasion Sr that we beg leave to Assure you we have the most lively and Grateful sense of the care shewn to these Colonies by the best of Kings whose Wisdom and Paternal Affection for his American Children so repeatedly Testified in the many Vigorous and well concerted measures entered into during the Course of this War for their preservation, must fill the Hearts of all his Loyal Subjects with a most unfeigned Esteem of his sacred person and Illustrious Family.

We are greatly pleased with the Spirited resolutions taken by our neighboring colonies of Chastiseing an Enemy with whom we are persuaded no Treaties of Peace will ever avail; Unless they are made to feel the Effect of our Just resentment and superiority; And we Assure your Excellency we shall with the Utmost Chearfulness concur with the Assembly in whatever may be proposed to forward so necessary a Work, or anything else tending to Advance the Interest of this Province to which end we hope your Excellencys Valuable Design of Cultivating Peace and Harmony in a Legislature (almost rendered useless by long and tedious disputes) will not a little Contribute.

Then the House adjourned till Monday morning 10 oClock.


Monday morning November 17th 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 John Rieussett Esqr and
The Honble Maurice Moore Esqr
-------------------- page 452 --------------------

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

Gentlemen

I Return you my Sincere thanks for the warm sense you shew of the Assistance of Divine Providence in the Reduction of all Canada and of your most Hearty & gratefull sense of his Majesty's Wisdom and Paternal care of these Colonies and also of your chearfully uniting with the Assembly in granting an Aid to Act in Concert [with] the Neighboring Provinces to Check and reduce so faithless a Nation as the Cherokees have proved, to force them into a lasting Peace

Your sense of my Endeavouring to promote a Harmony in the Branches of the Legislature is very Agreable to me

Then the House adjourned till to morrow Morning 10 oClock


Tuesday Morning November 18th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

Received from the Assembly by Mr. Frohock and Mr. Ashe a Bill for granting an Aid to His Majesty and for Appointing an Agent to solicit the Affairs of this Province at the Several Boards in England.

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

Received from the Assembly by Mr. Dry and Mr. Leech a Bill to Alter and Amend an Act Intitled an Act concerning Proving Wills and Granting Letters of Administration and to prevent Frauds in the Management of Intestates Estates

On Motion Ordered that the said Bill be Read; Read the same the first time and passed.

Reced from the Assembly by Mr. Dry and Mr. Leech the following Bills to Wit

A Bill for raising Money by a Lottery towards finishing the Churches at Wilmington & Brunswick

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On Motion ordered that the said Bill be read, read the same the first time & passed.

A Bill to regulate Elections for Members to serve in the General Assembly and to Ascertain who shall be Qualified to Vote at the said Elections or be Elected a Member of the General Assembly and to direct the Method to be Observed in taking the Poll of the several Elections in the Counties and Towns in this Province

On Motion ordered that the same Bill be read; Read the same the first time & Passed

A Bill to ascertain the Method of Paying Taxes and Levies in Commodities and for other purposes.

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

A Bill for Establishing a Printing Office.

On Motion Ordered that the said Bill be read; Read the same the first time Amended and passed.

A Bill for Establishing a Town on the Lands of Joseph Howell on Tau River.

On Motion; Ordered that the said Bill be read. Read the same the first Time and Passed.

Received from the Assembly the following Message.

Gentlemen of His Majesty's Honble Council

This House have appointed Mr. Harnett Mr. McCulloch Mr. Leech Mr. Corbin Mr. Coutanch Mr. Hewes and Mr. Moore a Committee to State and Settle the Public Accounts And Mr. Starkey Mr. Ashe Mr. Bartram Mr. Mackey, Mr. Vail Mr. Benton Mr. Frohock Mr. Howe and Mr. Baker a Committee to Settle and allow Public Claims in Conjunction with such of your Honours as you shall think proper to appoint.

SAMl SWANN Speakr

18th November 1760.

On Motion Ordered that the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to the Committees, we have appointed the Honble Lewis DeRossett and John Rieussett Esqrs a Committee of this House to State and Settle the Public Accounts,

-------------------- page 454 --------------------
And the Honble John Swann and Maurice Moore Esqrs a Committee of this House to settle and allow the Public Claims


18th Nov. 1760.

Then the House adjourned till to-morrow morning 10 oClock.


Wednesday Morning Novr 19th 1760. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis DeRossett Esqr
The Honble John Rieussett Esqr and
The Honble Maus Moore Esqr

Reced from the Assembly by Mr. Baker and Mr. Howe the following Bills, to wit,

A Bill to Dock the Intail of certain Lands therein mentioned, Vesting Fee Simple thereof In Blake Baker and for settling other Lands in Lieu thereof to the same uses

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

A Bill for fixing the Bounds between New Hanover and Duplin Countys. Read the first time and Passed

A Bill for Altering the times of holding the Inferior Courts of Pleas and Quarter Sessions in the County of Chowan

On Motion Read the same the first time & Passed.

Reced from the Assembly by Mr. Coutanch and Mr. Simpson A Bill for erecting the upper Part of Beaufort County into a County and Parish by the name of County and Parish. And for Adjourning the Court from the Court House on the Land of Thomas Bonner to the Court House in Bath Town and other purposes therein mentioned

On Motion, Ordered that the said Bill be read Read the same the first time and passed

Reced from the Assembly by Mr. Harnett and Mr. Ashe a Bill 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

Reced from the Assembly by Mr. Barrow & Mr. Harris a Bill for Destroying Crows Black Birds and Squirrels in the County of Hyde.

On Motion, Ordered that the said Bill be read; read the same the first time and Passed

-------------------- page 455 --------------------

Then the House Adjourned till to-morrow morning 10 oClock.


Thursday morning November 20th 1760. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis DeRossett Esqr
The Honble John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House adjourned till to morrow morning 10 oClock


Friday Morning November 21st 1760. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis DeRossett Esqr
The Honble John Rieussett Esqr and
The Honble Maurice Moore Esqr

Reced from the Assembly by Mr. Baker and Mr. Frohock the following Bills, to wit,

A Bill for Erecting St Philips Parish into a County.

On Motion, ordered that the said Bill be read; Read the same the first time and Passed.

A Bill to Impower the Inhabitants of several Parishes within this Province that have no Vestrys within their respective Parishes to meet and Elect the same;

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

Reced from the Assembly by Mr. Baker and Mr. Dry the following Bills to wit.

A Bill for altering the times of holding the Inferior Courts of Pleas and Quarter Sessions in the County of Chowan

On Motion Read the second time and passed.

A Bill for Destroying Crows Black Birds and Squirrels in the County of Hyde.

On Motion Read the second time and passed.

A Bill for fixing the Bounds between the Countys of New Hanover and Duplin.

On Motion Read the second Time amended and passed.

A Bill Establishing a Town on the Lands of Joseph Howell on Tarr River.

On motion read the second time and passed.

Then the House Adjourned till to morrow morning 10 oClock

-------------------- page 456 --------------------

Saturday morning November 22nd 1760. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble Lewis Le Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Maurice Moore Esqr

Reced from the Assembly by Mr. Baker and Mr. Simpson the following Bills to wit

A Bill for Obtaining an Exact List of Taxables and for the Effectual collecting as well all Arrears of Taxes as all other Taxes for the future due and Payable and other purposes therein mentioned;

On motion read the first time and passed

A Bill for amending an Act Intitled an Act for regulating the several Officers fees in this Province And Ascertaining the method of Paying the same.

On motion ordered to be read Read the same the first time and passed.

A Bill concerning taking up Stray Horses within this Province.

On motion read the first time & passed

A Bill for Erecting the upper part of Beaufort County into a County and Parish by the name of Pitt County and St Michaels Parish, and for adjourning the Court from The Court House on the Land of Thomas Bonner to the Court House in Bath Town and other purposes therein mentioned.

On motion Ordered that the said Bill be read; read the same the second time and Passed.

Then the House adjourned till Monday morning 10 oClock


Monday morning November 24th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

Rec'd from the Assembly by Mr. Benton and Mr. Bonner the following Bills to wit

A Bill to alter and amend an Act Intitled an Act concerning Proving Wills and Granting Letters of Administration and to Prevent Frauds in the management of Intestate Estates.

On motion Read the second time and Rejected

-------------------- page 457 --------------------

A Bill to Continue an Act for the Restraint of Vagrants and for making Provision for the Poor.

On motion Ordered to be read; read the first time and passed.

A Bill to Amend an Act Intitled an Act for the better regulating the Town of New Bern and for Securing the Title of Persons who hold Lotts in the said Town.

On motion Ordered to be read Read the same the first time and Passed.

Rece'd from the Assembly by Mr. Hutchins and Mr. Bonner A Bill for altering the method of Working upon the roads in the Counties of Bladen Cumberland Anson Rowan and Duplin.

On motion Ordered to be read. Read the first time and Rejected Then the House adjourned till 4 oClock in the afternoon.

Monday afternoon. The House met according to adjournment

Present as before

Then the House adjourned till 10 oClock to morrow morning


Tuesday morning November 25th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

Reced from the Assembly the following message,

Gentlemen of His Majesty's Council

On Reading the Petition of Susannah Regan Widow of Gabriel Regan and Maturely considering the same; This House have resolved That the said Susannah Regan Widow of the said Gabriel Regan who was Killed in the service of this Province on an Expedition against Fort Du Quesne, be allowed Twenty Pounds Proclamation Money to be paid out of the Public Treasury by a Warrant from His Excellency the Governor And that the Treasurer be allowed the same on passing his accounts with the Public; And desire your Honors Concurrence

SAM1 SWANN Speakr

24 Nov 1760.

On Motion the foregoing Message was taken into Consideration and Concurred with.

-------------------- page 458 --------------------

Received from the Assembly by Mr. Waddell & Mr. Frohock the following Bills to-wit.

A Bill for Granting an Aid to his Majesty and for Appointing an Agent to Solicit the Affairs of this Province at the several Boards in England.

On Motion Read the second time Amended and passed.

A Bill to Amend and Continue an Act Intitled an Act for appointing a Militia

On Motion Read the first time and passed

Reced from the Assembly by Mr. Benton and Mr. Harris the following Bills towit.

A Bill for Erecting the upper part of Beaufort County into a County and Parish by the name of Pitt County and St Michaels Parish and for Adjourning the Court from the Court House on the Land of Thomas Bonner to the Court House in Bath Town and other purposes therein mentioned

On Motion Read the third time and Passed, Ordered to be Engrossed

A Bill for Amending An Act Intitled an Act for regulating the several Officers fees in this Province and Ascertaining the method of Paying the same.

On Motion Read the second time Amended and Passed.

A Bill to Amend an Act Intitled an Act for the relief of such persons as have suffered or may suffer by not having had their Deeds and mesne Conveyances Proved and Registered within the time heretofore appointed for such purposes, And prevent disputes and Law suits concerning Lands

On Motion Read the first time Amended & Passed

A Bill to Impower the Inhabitant's of several Parishes within this Province that have no Vestry within their respective Parishes to meet and Elect Vestrys

On Motion read the second time and passed

A Bill for Altering the times of holding the Inferior Courts of Pleas and Quarter Sessions in the County of Chowan

On Motion read the third time and passed, Ordered to be Ingrossed

A Bill to Continue an Act for the restraint of Vagrants and for making provision for the Poor

On Motion read the second time and passed

A Bill to amend an Act Intitled an Act for the better Regulating

-------------------- page 459 --------------------
of the Town of New Bern and for securing the Titles of Persons who hold Lotts in the said Town.

On Motion read the second time amended and passed

A Bill for Establishing a Town on the Lands of Joseph Howell on Taw River

On Motion read the third time and passed, Ordered to be Ingrossed.

Received from the Assembly by Mr. Vail and Mr. Hutchins a Bill for Destroying Crows, Black Birds and Squirrels in the County of Hide.

On Motion read the third time and passed, Ordered to be Ingrossed

Then the House Adjourned till 4 oClock in the afternoon.


Tuesday 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

Then the House Adjourned till tomorrow morning 10 oClock


Wednesday morning November 26th 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 John Rieussett Esqr and
The Honble Maus Moore Esqr

Reced from the Assembly by Mr. Frohock and Mr. Bartram the following Bills to wit.

A Bill to Amend and Continue an Act Intitled an Act for appointing a Militia

On Motion read the second time and passed

A Bill to amend an Act Intitled an Act for the Relief of such persons as have suffered or may suffer by not having had their Deeds and mesne Conveyance Proved and Registered within the time heretofore appointed for such purposes and prevent disputes and Lawsuits concerning Lands.

On Motion Read the second time and Passed

A Bill to Continue an Act for the Restraint of Vagrants and for making provision for the Poor

On Motion, read the third time and passed. Ordered to be Ingrossed.

-------------------- page 460 --------------------

Reced from the Assembly by Mr. Howe and Mr. Bartram a Bill to repeal part of an Act to Impower the Commissioners of the Districts hereafter mentioned to lay out and make new Roads And to appoint Commissioners for a certain District in Bladen County

On Motion the said Bill was read the first time & Passed

Then the House Adjourned till 3 o'Clock in the Afternoon


Wednesday 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 John Rieussett Esqr
The Honble Richard Spaight Esqr
The Honble Maus Moore Esqr

Reced from the Assembly by Mr. Waddell Mr. Frohock Mr. Harnett Mr. Dry Mr. Hewes and Mr. McCullock A Bill for Granting an Aid to his Majesty and for appointing an Agent to solicit the Affairs of this Province at the several Boards in England

Reced from the Assembly by Mr. Howe and Mr. Bartram the following Bills to wit

A Bill to Repeal part of an Act to Impower the Commissioners of the Districts herein mentioned to Lay out and make new Roads and to appoint Commissioners for a certain District in Bladen County.

On Motion read the second time and Passed.

A Bill to amend an Act Intitled an Act for Regulating of the Town of New Bern and for securing the Titles of Persons who hold Lotts in the said Town.

On Motion read the third time and Passed. Ordered to be Ingrossed

Then the House adjourned till 10 oClock to morrow morning.


Thursday Morning November 27th 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 John Rieussett Esqr
The Honble Richard Spaight Esqr
The Honble Maus Moore Esqr

On Motion Ordered that the Bill for Granting an Aid to his Majesty and for appointing an Agent to Solicit the Affairs of this Province at the several Boards in England be read The same [was read] the third time And Ordered that the following Message be sent to the Assembly to wit

-------------------- page 461 --------------------

Mr. Speakr and Gentlemen of the Assembly

On reading a third time the Bill for Granting an Aid to his Majesty and for appointing an Agent to Solicit the Affairs of this Province at the Several Boards in England, We propose that all that part of the Bill relative to appointing an Agent should be Struck out, As it is foreign to the Aid, to which Amendment if your House agree please to send two of your Members to see the alteration made

Then the House adjourned till two o'Clock in the Afternoon


Thursday afternoon The House met according to Adjournment.

Present as above

Then the House adjourned till tomorrow Morning 10 oClock


Fryday Morning November 28th 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 John Rieussett Esqr
The Honble Richard Spaight Esqr &
The Honble Maurice Moore Esqr

Reced from the Assembly by Mr. Howe and Mr. Bartram a Bill to repeal part of an Act Intitled An Act to Impower the Commissioners of the Districts hereafter mentioned to lay out and make New Roads And to appoint Commissioners for a Certain District in Bladen County.

On Motion read the third time and passed. Ordered to be Ingrossed.

Reced from the Assembly by Mr. Dry and Mr. Frohock the following Bills to wit:

A Bill for Raising Money by a Lottery towards Finishing the Churches at Wilmington and Brunswick.

On motion, read the second time amended and passed.

A Bill Continuing James Davis Printer to this Province.

On motion, read the second time amended and passed.

Reced from the Assembly by Mr. Howe and Mr. Bartram the following Message

Gentlemen of His Maj. Council

On reading your message of yesterday relative to the striking out of the Aid Bill that part which appoints an Agent for this Province, to represent to his Majesty and his Ministers the Dutiful behaviour and zeal of this House and also to lay before them proper Documents

-------------------- page 462 --------------------
of the Charges and Expenses this Province has been at in carrying on the war against his Majestys enemys in America. This House is of Opinion that the said Clause is not foreign to the Bill tho' it may seem to your Honors to be so to the Aid as the Title expresseth both And this House further apprehend that it is consistent with that part of Mr. Secretary Pitts Letter formerly laid before this house recommending the appointment of an Agent in order that this Province should receive its proportion of the Sundry Grants recommended by his most Gracious Majesty to the Parliament of Great Britain towards reimbursing these Colonies Charges and Expenses they had been at in his Majestys service. This House for the reasons aforementioned cannot in Justice to their Constituents and the real interest of this Province ageee to strike out that part of the said Bill relative to the appointing an Agent But on the Contrary esteem it Essentially necessary to the Happiness and prosperity of this Province and no ways prejudicial to his Majestys service And therefore hope your Honours will be pleased to pass the said Bill, as sent you from this House.

SAM. SWANN, Speaker
By Order
Wm. Herritage Clk

28th November 1760.

Then the House Adjourned till tomorrow morning 10 oClock.


Saturday morning November 29th 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 John Rieussett Esqr
The Honble Richard Spaight Esqr &
The Honble Maus Moore Esqr

Reced from the Assembly by Mr. Dry and Mr. Hewes a Bill for Obtaining an Exact List of Taxables and for the Effectual collecting all Taxes for the future due and Payable and other purposes therein mentioned.

On motion, Read the second time amended and Passed.

Reced from the Assembly by Mr. Dry and Mr. McCullock a Bill for Dividing New Hanover County and for Erecting that part thereof called St Philips Parish situate on the south side of Cape Fear River into a County by name of        County and other purposes therein mentioned.

On motion, Read the second time and Passed.

-------------------- page 463 --------------------

On motion, ordered that the message Received from the [Council] In answer to a Message sent them from this House the 27th of this Instant be read: read the same accordingly; which was taken into Consideration And the Bill for Granting an Aid to his Majesty and for appointing an Agent to Solicit the affairs of this Province at the several Boards in England was [read] a third time put and passed.

Ordered to be Ingrossed.

Reced from the Assembly by Mr. Harris and Mr. Hayward the following Bills, to-wit:

A Bill to Regulate Elections for Members to Serve in the General Assembly and to Ascertain who shall be qualified to vote at the said Elections or be elected a Member of the General Assembly and to Direct the Method to be observed in taking the Poll at the several Elections in the Counties and Towns in this Province,

On Motion Read the second time and passed.

A Bill for appointing a Treasurer for the Northern District of this Province.

On Motion Ordered to be read: Read the same the first time and passed.

Then the House adjourned till Monday Morning 10 oClock


Monday morning December 1st 1760. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble John Rieussett Esqr
The Honble Richard Spaight Esqr and
The Honble Maurice Moore Esqr

Then the House adjourned till 3 oclock in the afternoon.


Monday afternoon. The House met according to adjournment.

Present as before

Reced from the Assembly by Mr. Hutchins and Mr. Bartram the following Bills.

A Bill for continueing James Davis Printer to this Province

On Motion Read the third time, And ordered to lye on the Board for Consideration.

A Bill to amend and continue an Act Intitled an Act for Appointing a Militia

On Motion read the Third time and Passed, Ordered to be Ingrossed.

A Bill to Impower the Inhabitants of several Parishes within this

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Province that have no Vestry within their Respective Parishes, to meet and Elect Vestrys

On Motion Read the third time and Passed, Ordered to be Ingrossed

A Bill to Regulate Elections for Members to serve in General Assembly and to Ascertain who shall be Qualified to Vote at the said Elections or be Elected a Member of the General Assembly, And to Direct the Method to be Observed in taking the Poll at the several Elections in the Counties and Towns in this Province.

On motion, Read the third time and passed. Ordered to be Ingrossed.

Then the House adjourned till 10. oClock tomorrow morning


Tuesday Morning December 2d 1760. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble John Rieussett Esqr
The Honble Richard Spaight Esqr and
The Honble Maus Moore Esqr

On Reading a third time a Bill for continueing James Davis Printer to this Province, It is Ordered on Motion That the following message be sent to the Assembly (viz)

Mr. Speakr and Gentlemen of the Assembly

On Reading a third time the Bill for Continueing James Davis Printer to this Province, We are of Opinion that the part by which he is Continued for three years should be altered And that the said James Davis be continued Printer for one year only, as probably the seat of Government (where it will be necessary a Printer to this Province should Reside) will be by that time fixed to this alteration if you agree please send some of your Members to see the same made.


2d December 1760.

Reced from the Assembly by Mr. Lemmon and Mr. McCulloch a Bill for Obtaining an Exact List of Taxables and for the Effectual collecting Taxes for the future and payable and other purposes therein mentioned.

On Motion Read the third time and passed, Ordered to be Ingrossed

Then the House adjourned till 3 oclock in the afternoon

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Tuesday afternoon. The House met according to adjournment

Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble John Rieussett Esqre
The Honble Richard Spaight Esqre and
The Honble Maus Moore Esqre

On Motion Ordered that the following message be sent to the Assembly.

Mr. Speaker and Gentlemen of the Assembly

In Answer to your Message of the first Instant relative to Burning the several sums of Money paid into the Committee of Accounts This House have appointed the Honble John Swann and Richard Spaight Esqrs a Committee thereof to Joyn your Committee to see it done


2d December 1760.

Reced from the Assembly the following Message

Gentlemen of His Majestys Honble Council

In answer to your Message relative to altering that part of the Bill for Continuing James Davis Printer to this Province by which he is Continued for three years in that Office. This House agree to the Striking the words Three years out of the said Bill and substituting in its place (one year only) to Command [commence] from the passing thereof and send Mr. Harnett and Mr. Leech two of the Members of this House to see the same done.


2nd December 1760
SAMl SWANN Speakr

The alteration proposed in the foregoing Message was made in the said Bill in the presence of Mr. Cornelius Harnett and Mr. Joseph Leech. Then the said Bill was put and Passed And Ordered to be Ingrossed.

Reced from the Assembly by Mr. Harnett and Mr. Leech a Bill for appointing a Treasurer for the Northern District of this Province in the room of Thomas Barker who desires he may resign the said Office:

On Motion, the said Bill was read the second time amended and passed

Rece'd from the Assembly by Mr. Harnett and Mr. Leech the following Bills, to wit,

A Bill for raising Money by a Lottery towards finishing the Churches at Wilmington and Brunswick and for applying the Produce

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of the Slaves and other effects taken from the Spaniards at Cape Fear in the Year of our Lord One Thousand seven hundred and forty eight to the same purpose.

A Bill for amending an Act Intitled an Act for regulating the several Officers Fees in this Province and ascertaining the Method of Paying the same

A Bill to amend an Act Intitled an Act for the Relief of such persons as have suffered or may suffer by not having had their Deeds and Mesne Conveyances Proved and Registered within the time heretofore Appointed for such purposes and prevent disputes and Law suits Concerning Lands

Then the House adjourned till 10 oClock tomorrow Morning


Wednesday morning December 3d 1760 The House met according to adjournment
Present
The Honble James Hasell Esqre
The Honble John Swann Esqre
The Honble John Rieussett Esqre
The Honble Richard Spaight Esqre and
The Honble Maus Moore Esqre

On Motion the Bill to Amend an Act Intitled an Act for the relief of such persons as have suffered or may suffer by not having had their Deeds and Mesne Conveyance Proved and Registered within the time heretofore appointed for such purposes and prevent disputes and Law suits concerning Lands, was ordered to be Read: read the same the third time and passed. Ordered to be Ingrossed.

On Motion, the Bill for Raising Money by a Lottery towards the finishing the Churches at Wilmington and Brunswick and for applying the Produce of the Slaves and other Effects taken from the Spaniards at Cape Fear in the year of our Lord one Thousand seven hundred and Forty eight to the same purposes; was ordered to be read Read the same the third time and passed and ordered to be Ingrossed.

On Motion, the Bill for amending an Act Intitled an Act for regulating the several Officers fees in this Province And Ascertaining the method of praying the same.

Ordered to be read. read the same the third time and passed; Ordered to be Ingrossed.

Reced from the Assembly by Mr. Bonner and Mr. Haywood a Bill for appointing a Treasurer for the Northern District of this Province in the Room of Thomas Barker who desires he may resign the said Office.

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On Motion, read the third time & Passed. Ordered to be Ingrossed.

Then the House adjourned till 3 oClock in the afternoon.


Wednesday afternoon The House met according to adjournment

Present as before

Reced from the Assembly the following Message.

Gentlemen of His Majestys Honble Council

Robert Campbell a soldier late in the service of this Province under the command of Collo Hugh Waddell having been scalped and much wounded whilst in the service of this Province and thereby rendered incapable of supporting himself and has signified to this House his Desire of returning to Europe to his Friends and Relations This House have therefore resolved that the said Robert Campbell be allowed out of the Public Treasury Fifty Pounds to be paid by the Public Treasurer to Colo Hugh Waddell for the use of the said Robert Campbell to enable him to Proceed on his voyage to Europe and that the said sum be allowed the said Treasurer on passing his Accounts with the Public And also that the sum shall be in full for any Claim the said Campbell may make on the Public on the aforesaid Account; And Desire your Honors Concurrence thereto

SAMl SWANN Speakr
By Order
William Herritage Clk

On Motion the foregoing message was taken into consideration and concurred with

Reced from the Assembly their Estimate of Charges which on Motion was read and concurred with

Sent to the Assembly the Estimate of allowance of this House for their Concurrence, And received it from the Assembly concurred with

Reced from the Assembly the Reports of the Committee of Accounts which were read approved of and Concurred with by this House

Then His Excellency the Governor came to this House and commanded the attendance of the Assembly, Whereupon the Speaker Attended by the Assembly waited on his Excellency in the Council Chamber And presented him the following Acts for his Assent Vizt.

1st An Act for Granting an Act to His Majesty and for appointing

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an Agent to solicit the affairs of this Province at the several Boards in England

2d An Act to regulate Elections for Members to serve in the General Assembly and to Ascertain who shall be Qualified to Vote at the said Elections, or be Elected a Member of the General Assembly and to Direct the Method to be Observed in taking the Poll at the several Elections in the Counties and Towns in this Province

3d An Act for Obtaining an Exact List of Taxables and for the Effectual Collecting all Taxes for the future due and payable And other purposes therein mentioned

4th An Act for continueing an Act Intitled an Act for appointing a Militia

5th An Act for raising Money by a Lottery towards finishing the Churches at Wilmington and Brunswick and for applying the Produce of the slaves and other effects taken from the Spaniards at Cape Fear in the year 1740 to the same purposes

6th An Act to Impower the Inhabitants of Several Parishes in this Province that have no legal Vestry within their respective Parishes to meet and Elect Vestries.

7th An Act for amending an Act Intitled an Act for regulating the several Officers fees in this Province and Ascertaining the method of Paying the same

8th An Act for appointing a Treasurer for the Northern District of this Province In the Room of Thomas Barker who desires he he may resign the said Office.

9th An Act for Erecting the upper part of Beaufort County into a County and Parish by the name of Pitt County and St Michaels Parish and for Adjourning the Court from the Court House on the Land of Thomas Bonner to the Court House in Bath Town and other purposes therein mentioned

10th An Act to Amend an Act Intitled an Act for the better regulating of the Town of New Bern and for securing the Titles of Persons who held Lotts in the said Town

11th An Act to continue an Act for the restraint of Vagrants and for making Provinces [provision] for the Poor

12th An Act for altering the times of holding the Inferior Courts of Pleas and Quarter Sessions in the County of Chowan

13th An Act for Establishing a Town on the Lands of Joseph Howell on Tarr River

14th An Act to repeal part of an Act Intitled an Act to Impower the Commissioners of the Districts hereafter mentioned to lay out

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and make New Roads And to Appoint Commissioners for a Certain District in Bladen.

15th An Act for destroying Crows Black Birds and Squirrels In the County of Hide.

16th An Act to amend an Act Intitled an Act for the relief of such persons as have suffered or may suffer by not having their Deeds and Mesne Conveyances Proved and Registered within the time heretofore appointed for such purposes And prevent disputes and Law suits concerning Lands.

17th An Act for continuing James Davis Printer to this Province.

To which Acts His Excellency was pleased to Assent Except the Act for granting an Aid to His Majesty and for appointing an Agent to Solicit the affairs of this Province at the several Boards of England.

The Act for Amending an Act Intitled an Act for Regulating the several Officers fees In this Province and Ascertaining the method of Paying the same.

The Act for appointing a Treasurer for the Northern District of this Province in the room of Thomas Barker who desires he may resign the said office and

The Act to repeal part of an Act Intituled an Act to impower the Commissioners of the Districts hereafter mentioned to lay out and make new Roads and to appoint Commissioners for a Certain District in Bladen County.

Then His Excellency the Governor was pleased to Prorogue this Assembly to Fryday the fifth of this Instant.

I hereby Certifye that the writing contained in the sixteen preceeding pages with the above is a just and true Copy of the Journal of the upper House of Assembly at November Session 1760.

JN BURGWIN Clk.



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