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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
December 05, 1760 - December 06, 1760
Volume 06, Pages 513-520

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

At an Assembly begun and held at New Bern the 22d day of April in the 33d 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 from thence continued by several Prorogations to the fifth day of December in the thirty fourth year of the Reign of

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our aforesaid Lord the King, and in the year of our Lord One Thousand seven hundred and sixty to be then held at Wilmington being the fifth Session of this Present Assembly

Members Present
Samuel Swann Esquire Speaker
Mr. Michael Coutanch
Mr. Hugh Waddell
Mr. Andrew Thompson
Mr. Thomas Bonner
Mr. John Ashe
Mr. William Haywood
Mr. Edmund Smithwick
Mr. Robert Howe
Mr. Robert Harris
Mr. William Dry
Mr. John Frohock
Mr. Joseph Bell
Mr. Edward Vail
Mr. Duncan Lemon
Mr. George Moore
Mr. Alexander McCulloch
Mr. John Simpson
Mr. Moses Houston
Mr. Thomas Barrow
Mr. William Mackey
Mr. John Hinton
Mr. Cornelius Harnett
Mr. Joseph Hewes
Mr. William Webster
Mr. Stephen Hooker
Mr. Abraham Shepard
Mr. William McGee
Mr. Francis Corbin
Mr. Joseph Leech
Mr. Anthony Hutchins
Mr. Samuel Benton
Mr. William Bartram
Mr. Jacob Blount
Mr. John Starkey
and
Mr. Blake Baker

On motion ordered Mr. Simpson and Mr. McCulloch wait on his Excellency the Governor and let him know the House is met, and ready to proceed on Business, who being returned acquainted the House, that his Excellency said he would receive this House in about half an hour, and would let them know, when he was ready to receive them

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

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber, and then and there made a Speech to this House

The House being returned 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 this House, a copy of which to prevent mistakes he had obtained and laid the same before the House Then on motion the same be read, read the same, and on motion Ordered, the same be entered on the Journal of this House, and is as follows, Vizt

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Mr. Speaker and Gentlemen of the Assembly

I have prorogued the General Assembly to this day to give you an opportunity in a new session to reconsider the rejected Aid Bill; That if you will expunge the former exceptionable foreign Clause tacked to the Aid Bill you may perfect it, and make it serviceable to his Majesty and the Public; That I may in conjunction with the Council pass the Bill, and in Case you persist in inserting that Clause I may put an end to your further attendance, and that your Constituents may see that your real Intention is not to pass an aid Bill, but to force an Agent upon the Governor and Council who had been twice before rejected by the Council, after my having Publickly declared that I would concur in making any other Person Agent in England

Mr. Vail moved that the House resolve into a Committee of the whole House to take under consideration his Excellency the Governors Speech

Resolved, the House Resolve into a Committee of the whole House to consider his Excellency's Speech

The House Resolved into a Committee of the whole House for the purpose aforesaid and choose Mr. Hutchins Chairman, who took the Chair Accordingly

After some time spent therein the Committee came to several Resolutions which Mr. Chairman was directed to report to the House and then on motion Resolved, the Committee rise, and Mr. Speaker resume the Chair

[Mr. Speaker resumed the Chair]

Mr. Chairman reported that the Committee had come to several Resolutions which he was directed to report to the House, as follows, Vizt

Resolved, it is the opinion of this House That it is the Inherent and undoubted right of this House to nominate an agent to be appointed for this Province (in a Bill for that purpose) to sollicit the affairs thereof at the several Boards in England

Resolved That the appointment of an Agent (at this time so requisite) to represent to his Majesty and his Ministers the active Zeal and strenuous Efforts of this Province in the Common Cause against the Enemy Notwithstanding the almost insupportable burthen of Taxes under which it Labours, is not inconsistent with the Majesty's Service, tho' Inserted in an Aid Bill

Resolved, that a Committee be appointed by the House to prepare and Address to his Excellency the Governor pursuant to the above

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Resolves, in answer to his Excellency's Speech to the House at the opening of this Session of Assembly to which the House agreed, and ordered that Mr. Corbin, Mr. Leech and Mr. Howe, prepare an Address in Answer to his Excellency the Governors Speech, and agreeable to the above Resolves, and present the same to the House for Approbation

Then the House adjourned for an Hour

The House met according to Adjournment

Mr. Vail moved that a Committee be appointed to bring in a Bill for Appointing an Agent &c and for Granting an Aid to his Majesty of £16,494 Proc money for raising cloathing and paying 540 effective men exclusive of officers to join the Forces of our neighbouring Provinces against the French and Cherokees, and for Garrisoning Fort Dobbs and Fort Johnston.

Ordered, that Mr. Corbin, Mr. Leech, and Mr. Benton be a Committee to prepare and bring in the aforementioned Bill

Mr. Corbin from the Committee appointed to prepare an Address in Answer to his Excellency the Governors Speech, reported that the Committee had prepared the same, which he presented to the House for approbation

Then on Motion ordered the same be read, read the same, and agreed to by the House, and on Motion—

Resolved, the same stand the Address of the House, and be en tered on the Journal thereof and is as follows Vizt


North Carolina

To His Excellency Arthur Dobbs Esquire Captain General, Governor and Commander in Chief in and over the Province Aforesaid

Sir We his Majesty's most dutiful and loyal Subjects the Members of the Assembly of this Province beg leave to Address your Excellency on your Speech at the opening of this Session.

The Rejected Aid Bill as recommended by your Excellency We will take under our Consideration, tho' at the same time, Cannot help informing your Excellency that this House, looks on it as their Inherent and undoubted right, to nominate an Agent, to be appointed to sollicit and represent the affairs thereof, at the Several Boards in England, and that the Nomination of an Agent (altho in an Aid Bill) is not inconsistent with his Majesty's Service, and it is matter of extreme Concern to this House, to find that his Majesty's

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Service in the intended Expedition in Conjunction with the forces of this Province with those of Virginia and South Carolina, against the Cherokees, should be Frustrated by what must appear to us to be only some private Resentment, your Excellency has taken to Mr. Bacon or any person be [we] appointed agent for this Province provided we grant such Assistance to the Common Cause, as the Indigent Circumstances [of] our Constituents will admit off, which, that we had done by the last Bill Rejected by your Excellency after having Passed the Council and Assembly, was apparent, as in that Bill we Chearfully gave an Assistance to the Expedition against the Cherokees of 500 men Exclusive of officers and garrisoning the Forts (the largest number during your Excellencys administration together with £16,494, the greatest grant of this Province to his Majesty during the present War, and as we apprehend in the most Critical Juncture

Your Excellency will give us leave to add that our adherence to Mr. Bacon is intirely owing to the desire we have of avoiding the appearance of inconsistency in our proceedings, and having before displaced Mr. Abercrombie, because he was objected to by the Council, We apprehend that should we now remove Mr. Bacon who was nominated by a most solemn Resolve of one of the fullest Houses of Assembly ever known in this Province, no Gentleman of Character will choose to accept of a power delegated to him by a People so inconsistent and Trifling in their Conduct

SAMl SWANN Sp

(5 December 1760)

Sent by Col Waddell and Mr. Harris

Resolved, that in Case no Aid Bill should be passed this Session that his Excellency have power to raise a Company consisting of one Captain, one Lieutenant, one Ensign, one surgeon, two Serjeants, two Corporals, one Drummer and Fifty Private men, to garrison the forts in this Province, which said officers and soldiers shall be allowed the same bounty provisions and pay as the officers and soldiers last in the pay of this Province, That His Excellency the Governor have power by his Warrant on the Treasurer to draw for the Paying Inlisting and subsisting the said Forces, and also such sum as shall be necessary for the cloathing the said Forces not exceeding five pounds for the cloathing each man, out of the savings of the last Aid, and in case of deficiency of the said savings, the same shall be made up, and paid by the Public; which said Company

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shall be kept in pay twelve months from the first of December Instant, If the Service shall so long require and no longer

Resolved, the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

This House have Resolved that in Case no aid Bill should be passed this Session that his Excellency have power to raise a Company consisting of one Captain, one Lieutenant, one Ensign, one surgeon, two Serjeants, two Corporals, one Drummer, and fifty private men to Garrison the forts in this Province, which said officers and soldiers shall be allowed the same bounty provisions and pay as the officers and soldiers last in the pay of this Province; and that his Excellency the Governor have power by his Warrant on the Treasurer to draw for the Paying, Inlisting and subsisting the said Forces, and also such sums as shall be necessary for the Cloathing the said Forces, not exceeding £5 for the cloathing each man, out of the savings of the last aid, and in case of deficiency [in] the said savings, the same shall be made up, and paid by the Public; which said Company shall be kept in pay twelve months from the first of December Instant, if the Service shall so long require, and no longer and desire your Honours Concurrence Therewith

Ordered Mr. McCulloch and Mr. Frohock wait on his Excellency the Governor and acquaint him the House have prepared an Address in Answer to his Speech and desire he would let them know when they shall wait on him to present it, who being returned acquainted the House his Excellency said he would receive them immediately

Mr. Speaker with the House waited on his Excellency the Governor and Mr. Speaker presented him with the Address of this House.

Mr. Speaker with the House returned, and reported that he had presented the Address thereof to His Excellency the Governor

Then the House Adjourned till 9 oClock tomorrow morning.


Saturday the 6th December 1760. The House met according to Adjournment

Mr. Corbin from the Committee appointed to bring in a Bill for appointing an agent to lay before his Majesty and his Ministers proper Documents of the Charges and Expences this Province hath been, or shall be at, in his Majesty's Service during the present War; and for granting to his Majesty an Aid of £16,494 Proc Money for

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raising cloathing and paying 540 men, exclusive of Officers to join the forces of our Neighbouring Provinces against the French and Cherokees, and for Garrisoning Fort Dobbs and Fort Johnston, and for other purposes, Reported that the Committee had prepared the same, which he was ready to lay before the House, when they will receive it

Resolved the House receive the same

Mr. Corbin presented the said Bill which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, Passed and ordered to be sent to the Council

Sent the same to the Council by Colo Waddell and Mr. Harris

Received from the Council the Bill for appointing an agent to lay before his Majesty and his Ministers proper Documents of the Charges and Expences this Province hath been or shall be at, in his Majesty's Service during the present War, and for Granting to his Majesty an Aid of £16,494 &c Endorsed 6th of December 1760. In the Upper House of Assembly read the first time & passed

On Motion ordered the Bill for appointing an agent &ca and for granting his Majesty an Aid of sixteen thousand four hundred and ninety four pounds &c be read the second time, read the same a second time, amended passed, and ordered to be sent to the Council

Sent the same by Mr. Barrow and Mr. Shepard

Received from the Council the Resolve to that Board from this House of yesterday relative [to] the giving his Excellency power (in case no aid Bill shall pass this Session) to raise a company for Garrisoning the Forts &ca Endorsed 6th December 1760. In the upper House of Assembly the above Resolve was read and Concurred with

JAMES HASELL, P. C.

Received from the Council the Bill for appointing an agent &ca and for Granting an Aid to his Majesty of £16,494 &c Endorsed 6th December 1760. In the Upper House of Assembly read the second time and passed

On Motion ordered the Bill for appointing an Agent &ca and for granting an Aid to his Majesty of £16,494 &ca, be read the third time, read the same a third time, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Leech and Mr. Benton

Received from the Council the Bill for appointing an Agent &ca and for Granting an Aid to his Majesty of £16,494 &ca Endorsed

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6th December 1760. In the Upper House of Assembly read the third time and passed

Ordered to be engrossed

Then the House adjourned till 3 oClock in the Afternoon

Then His Excellency was pleased by Proclamation to Dissolve this Assembly.