The Secretary laid before the Board an order of His Majesty in Council received from the Clerk of the Council Viz. Order of His Majesty in Council dated 3 December 1760 confirming the Suspension of Francis Corbyn Esq. from his seat in the Council of North Carolina & removing him from it.
Representation to His Majesty proposing that Arthur Dobbs Esq. may be continued Governor and Charles Berry Esq. Chief Justice of the Province of North Carolina is agreed to and signed, also Letter to Mr. Secretary Pitt desiring he would move His Majesty that Mr. Benjamin Turner may be continued Naval Officer of the Province of North Carolina and inclosing a Warrant for that purpose.
Read the following Orders of His Majesty in Council viz:
Order of His Majesty in Council dated 27 February 1761 approving a Representation of this Board proposing Arthur Dobbs Esq. to be Governor of North Carolina & directing a Commission and Instructions to be prepared for that purpose.
Order of His Majesty in Council dated 27 Feb. 1761 approving a Representation of this Board proposing Charles Berry Esq. to be Chief Justice of North Carolina and directing a Warrant to be prepared for that purpose.
Whereupon Commissions and Warrants in the usual form having been prepared were agreed and Representations to His Majesty therewith were signed
Ordered that Draughts of General Instructions and of those relating to the observance of the Laws of Trade be prepared with all possible dispatch for the Governors of Jamaica Bermudas Barbadoes North Carolina Virginia Massachusetts Bay and New Hampshire
The Secretary laid before the Board the following papers received from the Governor of North Carolina viz:
Letter from Richard Spaight Esq. Secretary of North Carolina dated 21 July 1760 concerning a factious Junto in the Assembly who have in certain resolutions exhibited charges against the Governor & himself.
The Answer of Richard Spaight Esqre Secretary of North Carolina to certain charges exhibited against him in resolutions of the Assembly.
Letter from Govr Dobbs to the Board dated 3 August 1760.
The Answer of Govr Dobbs to the several charges exhibited against him in certain resolutions of the Assembly
The Earl of Halifax having acquainted the Board that it appeared by a letter to him from the Speaker of the House of Representatives of North Carolina that the original Address to His Majesty with the Articles of Complaint against the Govr had been transmitted to Mr. Secretary Pitt to be laid before His Majesty it was agreed that the said papers should lye by for further consideration when His Maj. pleasure upon the said original Address and Complaint should be further Known.
The following Representations to His Majesty and Letters to Mr. Secretary Pitt of recommendations of persons for vacant Governmts and other Offices in America were agreed to transcribed and signed Viz:
Representation to His Majesty proposing that Thomas Falkner Esq. may be appointed Secretary and Clerk of the Crown of North Carolina in the room of Henry McCulloh Esq. deceased.
Representation to His Majesty proposing that William Lucas Esq. may be appointed Attorney General of the Province of North Carolina.
Read a letter from Govr Dobbs to the Secy dated 9 February 1761 giving an account of his proceedings on the receipt of the Order for proclaiming His Majesty &c.
Minutes of Council from 18 Nov. 1760 to 7 February 1761.
Council in Assembly from 5 Nov. to 6 Dec. 1760
Thirteen Acts passed 3 Dec. 1760.
The Secretary laid before the Board twenty four Orders of His Majesty in Council approving the Board's recommendation to be Governors and other Officers in America & directing the proper
Thomas Falkner Esq. Secretary and Clerk of the Crown in North Carolina
Robert Jones junr Esq. Attorney General of the said Province.
Read the duplicate of a letter from Govr Dobbs dated 12 Dec. 1760 acquainting the Board with his having rejected a Bill for granting an aid to His Majesty & complaining of the conduct of the Assembly in several particulars.
Their Lordships after full consideration of the said letter agreed upon the Minutes of a letter to Mr. Dobbs in answer to his which was ordered to be prepared for their Lordships signing at the next Meeting
Agreed to & signed April 14
The Secretary laid before the Board the following Order of His Maj. in Council
Order of His Maj. in Council dated 30 April 1761 approving a Representation of this Board respecting the suspension of Messrs. Rutherford and Murray from their seats in the Council of North Carolina & directing the former to be restored to his place and rank therein and that the name of the latter be not inserted in His Maj. General Instructions till a further enquiry be made into his conduct.
The first Article of the Draught of General Instructions for the Governor of North Carolina agreed to 22d April having been drawn conformable to the directions of the said Order the draught of a Representation to His Maj. thereupon prepared pursuant to order was approved transcribed and signed.
Their Lordships then took into consideration thirteen Acts passed in North Carolina between November 1759 and January 1760 and also six Acts passed in South Carolina in May 1758 together with Sir Matthew Lamb's reports thereupon and the said Acts and Reports having been read and no objection appearing to their Lordships against the said Acts it was agreed that they should lye by probationary until the further effect & operation of such of them as have not expired shall be Known.
Their Lordships took into consideration thirteen Acts passed in North Carolina in Dec. 1760 and eight Acts passed in South Carolina in May June July and August 1760 together with Sir Matthew Lamb's Reports thereupon and the said Acts and Reports having been read and no material objection appearing to any of the said Acts it was agreed that such of them as have not expired by their own limitation should lye by for consideration when the effect and operation of them should be further known.
The Secretary laid before the Board the following public papers received from North Carolina, viz
Minutes of Council from 25 Mar to 23 April 1761
Council in Assembly 30 June 1760 to 23 April 1761
Assembly 7 Nov. 1760 to 23 April 1761.
Fifteen Acts passed in April 1761
Ordered that the Acts be sent to Sir Matthew Lamb for his opinion thereon in point of law.
Their Lordships then took into consideration three Acts passed in the Province of North Carolina in 1760 for establishing Courts of Judicature and regulating the proceedings therein and the said Acts having been read also Sir Matthew Lamb's Reports thereupon their Lordships were of opinion that they ought to be repealed and several Minutes were taken from which the Secretary was ordered to prepare the Draught of a Representation to His Majesty upon the said Acts.
Their Lordships took into consideration the abovementd Draught of a Representation to His Majesty and made some progress therein & it was agreed to take the same into further consideration tomorrow morng
Their Lordships then took into consideration two Acts passed in the said Province in 1760 for establishing Vestries and making provision for the Clergy together with Sir Matthew Lamb's Report thereupon and the said Acts having been read it was ordered that the Secretary should transmit them to the Lord Bishop of London and
Their Lordships took into consideration the Draught of a Representation to His Majesty upon three Laws passed in North Carolina in May 1760 establishing Courts of Judicature and the said Draught having been agreed to was ordered to be transcribed and was signed December 3rd.
Ordered that the Secretary do transmit to the Governor of North Carolina a certified copy of the Board's letter to him signed by the late Commrs on 14 August last.
The Secretary laid before the Board the following Orders of His Maj. in Council. Vizt: Order of His Majesty in Council on 14 Dec. 1761 repealing three Acts passed in the Province of North Carolina in May 1760 for establishing Courts of Justice
Order of His Majesty in Council on same day directing this Board to notify the Governor of North Carolina His Majesty's high displeasure at his conduct in the manner of passing the said laws.
Ordered that the first mentioned Order be transmitted to the Governor of North Carolina and that the Draught of a letter to him signifying His Majesty's displeasure in the manner directed in the last mentioned Order be prepared.
Said Draught was approved transcribed and signed December 22. 1761.