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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
March 31, 1761 - April 23, 1761
Volume 06, Pages 661-697

[From MSS. Records in Office of Secretary of State.]
North Carolina—ss.

At an Assembly begun and held at Wilmington the Thirty first day of March in the first year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain, France and Ireland King (and so forth) and the year of our Lord One Thousand seven hundred and sixty one, being the first session of the Present Assembly

The Several Writs for Electing Representatives for the several Counties and Towns within this Province to sit and vote in the General Assembly thereof were returned as follows (to wit)

Craven County—Mr. Thomas Graves, Mr. John Fonville.

Dobbs County—Mr. Richard Caswell, Mr. William Whitfield.

Hyde County—Mr. William Webster, Mr. Thomas Smith.

Pasquotank County—Mr. Thomas Taylor, Mr. Benja Palmer, Mr. Andrew Miller, Mr. Samuel Swann, Mr. Thomas Sawyer.

Perquimons County—Mr. Francis Brown, Mr. William Skinner, Mr. John Harvey, Mr. Thomas Bonner, Mr. Benja Harvey.

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Chowan County—Mr. Francis Corbin, Mr. Edward Vail, Mr. Thomas Barker, Mr. Robert Beasley, Mr. Henry Bonner.

Carteret County—Mr. William Cole, Mr. John Backhouse.

Beaufort County—Mr. John Barrow, Mr. Thomas Respess.

Currituck County—Mr. Robert Whitehall, Mr. Stephen Williams, Mr. Henry White, Mr. William Williams, Mr. Joshua Campbell.

Tyrrill County—Mr. Edmund Smithwick, Mr. Stephens Lee, Mr. Jacob Blount, Mr. William Mackey, Mr. Stephen Hooker.

Bertie County—Mr. Cullen Pollock, Mr. George Pollock, Mr. William Gray.

Northampton County—Mr. Robert Jones, Mr. Joseph Sykes.

Halifax County—Mr. Alexander McCulloch, Mr. Blake Baker.

Edgcomb County—Mr. William Haywood, Mr. Duncan Lemon.

Granville County—Mr. Robert Harris, Mr. Samuel Benton.

Onslow County—Mr. Samuel Swann, Mr. John Starkey.

Duplin County—Mr. John Sampson, Mr. William Houston.

Cumberland County—Mr. Thomas Gibson, Mr. Hector McNeil.

Orange County—Mr. William Churton, Mr. Thomas Loyd.

Johnston County—Mr. John Hinton, Mr. Needham Bryan.

New Hanover County—Mr. George Moore, Mr. John Ashe.

Bladen County—Mr. Robert Howe, Mr. William Bartram.

Rowan County—Mr. John Frohock, Mr. Alexander Ozborn.

Anson County—Mr. Anthony Hutchins, Mr. Charles Robinson.

Edenton—Mr. Samuel Johnston.

Newbern—Mr. Joseph Leech.

Wilmington—Mr. Cornelius Harnett.

Brunswick—Mr. William Dry.

Halifax—Mr. Stephen Dewey.

Bath Town—Mr. Michael Coutanche.


Thursday 31st March 1761

Pursuant to the above returns, the following Members appeared

Mr. Thomas Graves
Mr. Thomas Taylor
Mr. Francis Brown
Mr. Robert Beasley
Mr. Robert Whitehall
Mr. Stevens Lee
Mr. Robert Harris
Mr. John Starkey
Mr. Thos Loyd
Mr. John Sampson
Mr. Needham Bryan
Mr. Robert Howe
Mr. Charles Robinson
Mr. William Dry
Mr. Thomas Respess
Mr. William Cole
Mr. Richard Caswell
Mr. Andrew Miller
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Mr. John Ashe
Mr. Alex Ozborn
Mr. Cornl Harnett
Mr. Michl Coutanche
Mr. Duncan Lemon
Mr. John Fonville
Mr. Benja Palmer
Mr. William Skinner
Mr. John Backhouse
Mr. Joshua Campbell
Mr. George Pollock
Mr. Samuel Benton
Mr. Francis Corbin
Mr. John Barrow
Mr. Edmd Smithwick
Mr. Joseph Sykes
Mr. Samuel Swann
Mr. George Moore
Mr. Joseph Leech
Mr. Blake Baker and
Mr. William Haywood

Took the Oaths by Law appointed for their qualification subscribed the Test and took their Seats William Herritage Clerk of the Assembly appeared and took the Oaths by Law appointed for his Qualification and subscribed the test

His Excellency the Governor sent a Message requiring the attendance of the Members in the Council Chamber The Members waited on his Excellency the Governor in the Council Chamber when his Excellency was pleased to direct them to return to the House and make Choice of a Speaker The Members returned and proposed Samuel Swann Esqr Speaker who was unanimously chosen and placed in the Chair accordingly Mr. Howe and Mr. Simpson were ordered to wait on his Excellency the Governor, and acquaint him the Members have made Choice of a Speaker, and desire to know when the House shall wait on his Excellency and present him, and being returned acquainted the House that his Excellency required the attendance thereof immediately The House waited on his Excellency the Governor in the Council Chamber and presented Samuel Swann Esqr for their Speaker: His Excellency was pleased to approve of their Choice, and then made a Speech to His Majesty's Council and this House, Then Mr. Speaker with the House returned, and Mr. Speaker acquainted the Members that the House had waited on his Excellency the Governor in the Council Chamber, when his Excellency made a Speech to his Majesty's Council and this House, a copy of which to prevent mistakes he had obtained and laid the same before the House, which was ordered to be read the same is read, and on Motion Ordered the same be entered on the Journal of this House and is as follows Vizt

[For the Governor's Speech see Journal of Upper House.—Editor.]

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Then on Motion ordered a Committee be appointed to prepare an Address in answer to His Excellency the Governors Speech, and Mr. Francis Corbin, Mr. John Starkey and Mr. Howe are accordingly appointed

Then the House Adjourned till 9 oClock tomorrow morning.


Wednesday the 1st April 1761—The House met according to adjournment

Mr. Baker moved a Committee be appointed to prepare and bring in a Bill for better regulating the offices of the several Clerks of the Inferior Courts of pleas and quarter sessions &ca and Mr. Caswell, Mr. Baker, Mr. Harnett, Mr. Harris and Mr. Barrow, are accordingly appointed.

Mr. Baker presented the Petition of Thomas Pace of the County of Northampton which sets forth that the Public Ware House, in the County of Northampton called Pace's Warehouse was on the seventeenth day of March last burnt to ashes with a large quantity of Tobacco &ca Praying relief &c

Ordered the said Petition lie till tomorrow for consideration

Mr. Taylor moved for leave to present a Bill to impower the several Inhabitants of Several Parishes within this Province that have no legal Vestry within their Respective Parishes to meet and Elect Vestries

Ordered he have leave and that he present the same.

Mr. Taylor presented the aforementioned 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. Taylor and Mr. Miller

Mr. Taylor moved for leave to present a Bill to enable the Inhabitants of          to drain their low lands

Ordered that he have leave and that he present the same

Mr. Taylor presented the above mentioned 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. Taylor and Mr. Miller.

Mr. Robinson presented a Certificate from the Court of Anson County thereby Certifying that William Pelham of said County is aged and infirm, and not able to get a livelihood, and recommending him to be exempt from paying Public Taxes, and also one other Certificate from the said Court of Anson County thereby Certifying that Robert Ashley of said County is aged and infirm, and not able

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to get a livelihood, and recommending him to be exempt from paying Public dues

Ordered the said William Pelham and the said Robert Ashley be exempt accordingly

Then the House adjourned till 3 oClock in the Afternoon.

P. M. The House met according to Adjournment.

Mr. Thomas Gibson one of the Members for Cumberland County, Mr. William Houston, one of the Members for Duplin County, and Mr. William Bartram one of the Members for Bladen County appeared, took the Oaths by Law appointed for their qualification, subscribed the test, and took their seats in the House.

On motion ordered Mr. Starkey, Mr. Bartram, Mr. Benton, Mr. Ozborn, Mr. Howe, Mr. Baker and Mr. Smithwick settle and allow the public Accounts, and that the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

This House have appointed Mr. John Starkey, Mr. Bartram, Mr. Benton, Mr. Ozborn, Mr. Howe, Mr. Baker, Mr. Smithwick a Committee of this House to settle and allow Public Claims in Conjunction with such of your Honors as you shall think proper to appoint.

S. SWANN Sp.

Sent by Mr. Harnett and Mr. Caswell

On motion resolved that the House resolve into a Committee of the whole House to-morrow, to set as a Committee of Privileges and Elections, and that the Clerk of the Crown lay before the said Committee the several writs for Electing Representatives for the several Counties and Towns in this Province to sit and vote in the Present Assembly, together with the returns thereon now remaining in his office

Then the House adjourned till 9 oClock tomorrow morning


Thursday 2d April 1761. The House met according to Adjournment

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

Ordered the same be read, the same is read, and approved of.

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

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North Carolina—ss.

To His Excellency Arthur Dobbs Esquire, Captain General Governor and Commander in Chief in and over His Majesty's Province of North Carolina

Sir—We his Majesty's most dutiful and loyal Subjects the Members of the Assembly of North Carolina beg leave to return your Excellency our thanks for your Speech, at the opening of this Session. The sudden and unexpected Death of his late Majesty of Glorious Memory must fill the minds of every sincere lover of Liberty with inexpressible concern, from a deep sense of the Loss, that the Subjects of Great Britain in General, and all, who have any dependance on her Interest, must have sustained by that event happening at so critical a Juncture We beg leave to congratulate your Excellency on his present Majesty's happy accession to the Imperial Crown of Great Britain and her Dependances; and acknowledge that our Concern for so affecting a loss as that of his Majesty's Royal Grandfather is greatly Eleviated from the agreeable assurance that his Majesty is, not only the Immediate possessor of his Crown, but also of his Virtues

Your Excellency is pleased to acquaint us that you have nothing at Present to lay before us from his Majesty or his Ministers, and, that it is now too late to raise Forces to be of any use against the Cherokees, as the operations will be over or a peace be made with them before our Troops could be armed and Accoutred Your Excellency further informs us that by a letter from General Amherst you are made to expect that in consequence of his Majesty's Resolution to continue the War with Vigour in America: an aid would be requested of this Province which request would have been hapily anticipated, had the Aid Bill that passed both Houses at the last Session of the late Assembly met with your Excellency's Approbation, as in that Bill sixteen Thousand four Hundred and ninety four pounds was Granted for raising five Hundred Effective men Exclusive of Officers Garrisons and Forts, their Assistance joined to the South Carolina and Virginia Forces might have Contributed to the more Speedy reduction of his Majesty's Implacable Enemies, or brought on sooner, the desirable Blessings of peace, Especially with the Barbarous and Inhuman Allies of our Natural Enemy

Your Excellency's expectation that this may be a short Session is extremely agreeable, and more especially at this season of the year in which our more immediate attention is necessary as to our Domestic Interest, and Permit us to add, Sir, that if your Excellency

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had been so obliging as to have called the Present Assembly at a more Central part of the Province it would have been saving the Public a considerable Expense, greatly Contributed to the ease of much the Largest Number of Members that compose the Assembly, and prevented your Excellency the trouble of frequent Prorogations from time to time till a sufficient number of the Members could come in from the remote Distances at which they reside from this place, to make a House for the Dispatch of Public Business—Permit us Sir to say that we are fully apprised of the Royal Prerogative as to time and place, and could only Hope, the Indulgence for the ease and benefit of the Subject, under the Illustrous House of Hanover an House as Remarkable for its antiquity, as it is Esteemable for its Virtues.

Mr. Baker moved for leave to present a Bill for altering the Method of Working on the Roads and appointing Public Ferries within the County of Duplin.

Ordered he have leave accordingly

Mr. Baker presented the afore mentioned 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.

Mr. Baker presented the Petition from the Inhabitants of the County of Northampton, which was read, setting forth that they labour under great inconveniences and difficulties in paying their Taxes in Money, and that they conceive they can pay the said Taxes and officers fees more Conveniently in Tobacco &c—Praying relief.

Then on motion ordered that the said Petition lie for Consideration.

Mr. Caswell moved for leave to present a Bill for altering the times of holding the Superior Courts of Pleas and Grand Sessions for the Districts of Wilmington and New Bern and also the Inferior Courts of Pleas and Quarter Sessions in the Counties of Orange, Duplin, and Carteret and for other purposes.

Ordered he have leave accordingly.

Mr. Caswell presented the above mentioned 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

Mr. Brown moved for leave to present a Bill to amend and improve the navigation from Currituck Inlet, thro' the District in Currituck County to Albemarle Sound

Ordered he have leave accordingly

Mr. Brown presented the above mentioned Bill which he read in

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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 above three Bills by Mr. Palmer and Mr. Taylor

Mr. Baker moved for leave to bring in a Bill to impower Joseph Howell to build a bridge over Tar River at the Town of Tarborough near the place where a Bridge was formerly built

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

Mr. Baker moved a Committee be appointed to prepare a Bill to compell the attendance of the Members of the Assembly of this Province already Elected or hereafter to be Elected within the same, And Mr. Baker, Mr. Harnett, Mr. Starkey, Mr. Caswell and Mr. Sampson are accordingly appointed

On motion ordered that a Committee be appointed for stating and settling the Public Accounts of this Province, and Mr. Harnett, Mr. Leech, Mr. Corbin, Mr. Coutanche, Mr. Harris, Mr. Respess, and Mr. Geo Pollock are accordingly appointed

Ordered the following Message be sent to his Majesty's Council Vizt

Gentlemen of his Majesty's Honble Council

This House have appointed Mr. Harnett Mr. Leech, Mr. Corbin, Mr. Coutanche, Mr. Harris Mr. Respess, and Mr. Geo Pollock members of this House, a Committee thereof to state and settle the Public Accounts of this Province in Conjunction with such of your Honours as you shall think proper to appoint

S. SWANN Sp.

Mr. Harris from the Committee appointed to prepare and bring in a Bill for the better Regulating the offices of the several Clerks of the Inferior Courts of Pleas and quarter sessions reported that the Committee had prepared the same, which he presented to the House, and read the same, 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. Palmer and Mr. Taylor

The order of the day being read, on Motion ordered the same be postponed till tomorrow.

Then the House Adjourned till 3 oClock Afternoon.

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P. M. The House met according to Adjournment

Mr. Skinner moved for leave to present a Bill to continue an Act, for killing Squirrels in certain Counties therein mentioned.

Ordered he have leave.

Mr. Skinner presented the above mentioned 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 by Mr. Lemon and Mr. Lee

Ordered Mr. Dry and Mr. Ashe wait on his Excellency the Governor, and acquaint him that the House, desire to know when they shall wait on him with their Address, and being returned acquainted the House, that his Excellency was pleased to tell them that he would receive the House, in a quarter of an Hour.

Mr. Speaker with the House waited on his Excellency the Governor, the House returned, and Mr. Speaker reported that he with the House, had waited on his Excellency the Governor and presented him with the Address of this House, and that his Excellency was pleased, to make an Answer thereunto, a Copy of which to prevent mistakes he had obtained which he presented to the House.

Ordered the same be read, the same is read, and then on motion ordered the said answer be entered on the Journal of this House, and is as follows, Vizt

I return you thanks for your Address of Condolence and Congratulation upon his late Majestyss Death, of Glorious Memory and his Present Majesty's Accession to the Crown, since you are pleased to take notice of the Transactions of the last Assembly, I must in answer inform you that if the Aid then offered had been so calculated as not to infringe upon the Prerogative of the Crown, and to Answer the end for which it ought to have been Granted without Inconsistencies and unusual limitations, and had it not been calculated to lessen Public Credit and answer private purposes, I should heartily have agreed to pass it, and if any further Aid Bill shall be required I never can pass any with such Clogs and Limitations. as to your application and expostulation about the place appointed for the meeting of the Assembly and non-attendance of the Members I must observe to you that the Assembly had passed a Vote that the Town of New Bern the most central place was not a fit place for the setting of the Assembly and that this being the only proper place for the setting of Assembly and that this being the only proper place while the operations of the War are to the Southward to obtain Early Intelligence of any further Danger in which operations

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may be necessary, and if you had thought proper to obey his Majesty's Instructions who has appointed fifteen a Quorum there had been no unnecesary Prorogations or delays, but the Assembly insisting upon a Majority of the whole Elected Members to be a Quorum in Express Contradiction to his Majesty's Instructions, at one time, and passing Bills and other Resolutions at other times with a less number to serve Particular Purposes are the Chief things to be complained of

Then the House adjourned till 9 oClock tomorrow morning


Friday 3d April 1761. The House met according to Adjournment

Mr. Starkey moved for leave to present an Additional Bill to an Act, Intitled an Act to make provision for paying the Chief Justice and Attorney Generals Salaries and defraying the Contingent charges of Government

Ordered he have leave accordingly

Mr. Starkey presented the above mentioned 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

Mr. Bryan presented the above mentioned 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 [sic]

Sent the above two Bills to the Council by Mr. Lemon and Mr. Lee

The order of the day being read the House Resolved into a Committee of the whole House, to sit as a Committee of Privileges and Elections and unanimously choose Mr. John Starkey Chairman who took the Chair accordingly, after some time spent the Committee came to several Resolutions which Mr. Chairman was directed to report to the House, then Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee not having time to go through the whole business before them desire leave to sit tomorrow—Resolved the Committee sit again to morrow

Mr. Baker pursuant to order brought in a Bill to impower Joseph Howell to build a bridge over Tar River at the Town of Tarborough at the place where a bridge was formerly built, 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

Mr. Starkey moved for leave to bring in a Bill to appoint Commissioners to further improve and amend the navigation of New

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River in Onslow County to raise a fund by way of Lottery to defray the expence thereof.

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

Mr. Starkey brought in the aforementioned 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. Lemon and Mr. Lee.

Then the House adjourned till tomorrow morning 8 oClock.


Saturday 4th April 1761 The House met according to adjournment.

Mr. Houston presented the Petition of Joseph Williams which was read—Praying &c

Resolved the same be rejected

Received from the Council the following Bills Vizt

The Bill to Enable the Inhabitants of to drain their Low Lands.

The Bill to Impower the Inhabitants of several Parishes within this Province that have no legal vestry within their Respective parishes to meet and Elect Vestries Endorsed 2d April 1761 In the Upper House read the first time and passed

The Bill to amend and improve the Navigation from Currituck Inlet through the District in Currituck County to Albemarle Sound

The Bill for altering the method of working on the Roads and appointing Public Ferries within the County of Duplin

The Bill for altering the times of holding the Superior Courts of Pleas and Grand Sessions for the Districts of Wilmington and New Bern, and also the Inferior Courts of Pleas and quarter sessions in the Counties of Orange Duplin and Carteret and for other purposes Endorsed 2d April 1761 In the Upper house of Assembly read the first time and passed

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to the Committee, We have appointed the Honble John Swann, John Dawson and Maurice Moore Esqres a Committee of this House, to settle and allow the Public Claims.

JAMES HASELL P. C.

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to the Committee of Accounts—

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We have appointed the Honble Lewis De Rossett and Richard Spaight Esqrs a Committee of this House, to state and settle the Public Accounts.

JAMES HASELL P. C.

Mr. Backhouse presented the Petition of Ebenezer Harker formerly Sheriff of Carteret County, which was read praying a stay of execution against him at the suit of the Public

Resolved the said Petition be rejected

Mr. Benton moved for leave to present a Bill for amending an Act Intitled an Act for dividing the Parish of Saint Johns in Granville County.

Ordered he have leave accordingly

Mr. Benton 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 Mr. Fonville and Mr. Miller

The order of the day being read, the House resolved into a Committee of the whole House, and Mr. Chairman took the Chair. The Committee took under Consideration the Writ for Electing members for the County of Perquimons and the return thereon, and came to several Resolutions, which together with the Resolutions of the Committee yesterday, Mr. Chairman was directed to report to the House

Then on motion Mr. Speaker resumed the Chair, Mr. Chairman reported that the Committee had taken under Consideration the Writ for Electing a member for the Town of Newbern, with the return thereon and a return of a member for the said Town by the Coroner of Craven County, and also the Writ for Electing members for Perquimons County and came to several Resolutions which he read in the House, the House on due Consideration thereof agreed thereto, and on motion ordered the same be entered on the Journal of the House and are as follows, Vizt

Resolved that the right of Electing a Member for the Town of Newbern is in the freeholders of the said Town

Resolved that the Writ for Electing a Member for the Town of Newbern ought to have been directed to the Sheriff of Craven County as formerly by the Ancient Laws and Customs of this Province hath been used and accustomed

Resolved that in Case of the death of the Sheriff of any County the Coroner may take the poll and return the Writ

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Resolved that Mr. Joseph Leech is legally chosen and returned a Member for the Town of New Bern

Resolved that the Direction of the said Writ of Election to the Mayor of the said Town is not Warranted by Law.

Resolved, that Mr. John Harvey, Mr. William Skinner, Mr. Thomas Bonner, Mr. Benjamin Harvey, and Mr. Francis Brown are duly Elected, and returned members for the County of Perquimons and in Consequence thereof are Intitled to their seats in the present Assembly

Then the House Adjourned till 10 oClock Monday morning


Monday 6th April 1761. The House met according to Adjournment

Mr. Stephen Dewey the Member for Halifax, Mr. Alexander McCulloch one of the Members for Halifax County appeared took the Oaths by Law appointed for their qualification subscribed the Test, and took their Seats in the House

Mr. Haywood presented the Petition of the Inspector and several Merchants of the Town of Tarborough which was read, Praying an augmentation of the Inspectors Salary &c On motion ordered a Bill be brought in pursuant to the prayer of the said Petition

Mr. Baker presented a Bill for Enlarging the time for Inspection of Tobacco at the Public Ware House in the Town of Tarborough in the County of Edgcomb and for increasing the Salaries of the Inspectors thereof, 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 by Mr. Fonville and Mr. Miller

Mr. Caswell presented the Petition of John Lane of the Province of South Carolina, which was read &c Praying the Intail of Certain Lands therein mentioned may be docked &c

Then on motion Resolved that Mr. Harnett, Mr. Harris, and Mr. Caswell Enquire into the facts of the said Petitions and report thereon to the House

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Baker from the Committee appointed to prepare a Bill to compell the attendance of the Members of the Assembly of this Province already Elected or hereafter to be elected, within the same Reported that the Committee had prepared the said Bill and was

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ready to lay the same before the House, if they will receive it Resolved the same be received

Mr. Baker presented the aforementioned 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. Fonville and Mr. Miller

The House on Motion took under Consideration the Petition from the Inhabitants of Northampton County, presented to this House, by Mr. Baker on Thursday last, And Ordered that Mr. Baker bring in a Bill pursuant to the prayer thereof.

Mr. Baker presented a Bill to Impower the Inferior Court of Pleas and quarter Sessions for the County of Northampton to lay a tax to pay sundry persons who have suffered by the burning of Pace's Ware House in the said County and other purposes, 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. Fonville and Mr. Miller.

Mr. Respess moved for leave to absent from the Service of the House

Ordered he have [leave] accordingly.

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday 8th April 1761 The House met according to Adjournment

On motion ordered Mr. Coutanche be discharged from the Committee of Public Accounts [not] being an Accountant

Ordered Mr. Gibson be added to the Committee of Public Accounts in the room of Mr. Coutanche, and that Mr. McCulloch be added to the said Committee of Accounts in the room of Mr. Respess who has obtained leave to absent from the service of the House

Received from the Council the Bill for the better Regulating the offices of the several Clerks of the Inferior Courts of pleas and quarter Sessions Endorsed 2nd April In the upper House read the first time and passed.

On motion Resolved the House Resolve into a Committee of the whole House to consider further on Privileges and Elections, and Mr. Chairman took the Chair, after some time spent Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had come to several Resolutions as follows Vizt

Mr. Charles Robinson is duly Elected a member for the County of

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Anson. That Mr. Anthony Hutchins being returned on the Writ but was Sheriff of the said County at the time of his Election disqualifies him for a member for the County aforesaid. That his Excellency be addressed to direct the Clerk of the Crown to issue a Writ for Electing a Member for the County aforesaid.

To which Resolves the House agreed,

And then Mr. Chairman acquainted the House that the Committee not having time to proceed on the other two Writs desire to sit again to morrow

Resolved the said Committee sit again to morrow

Mr. Howe moved for leave to present a Bill to prevent the exacting of illegal and exorbitant Fees in levying executions by Sheriffs and other Officers

Ordered he have leave accordingly

Mr. Howe presented the aforementioned 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. Robinson and Mr. Sykes

Received from the Council the following Bills—Vizt

The Bill for Enlarging the time for Inspection of Tobacco &ca

The Bill to compell the attendance of the Members of the Assembly &ca

The Bill for building a Court House, in the Town of New Bern

The Bill to Impower the Inferior Courts of pleas and quarter Sessions in the County of Northampton &ca

The Bill for dividing the Parish of St John's in Granville County &ca

The Bill to continue an Act, for killing Squirrels &ca

The Bill for the better regulating the offices of the Clerks of the Inferior Courts of pleas and quarter Sessions &c [Endorsed] In the Upper House, read the first time and passed

The Bill for dividing the County of New Hanover and Erecting that part thereof called St Philips Parish into a County &c

The Bill to appoint Commissioners to Improve and amend the navigation of New River &c Endorsed 7th April 1761 In the upper House of Assembly read the first time amended and passed

The Bill to amend and improve the Navigation from Currituck Inlet thro' the District &ca [Endorsed] 7th April 1761 In the upper House, read the second time amended & passed

The Bill for an Additional Act to an Act Intitled an Act to make

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Provision for Paying the Chief Justice and Attorney General Salaries &ca [Endorsed] 7th April 1761—read the first time and passed

The Bill to appoint Commissioners of the Roads for Certain District &ca Endorsed 8th April 1761—read the first time and passed—and—

The Bill for altering the times of holding the Superior Courts of Pleas and Grand Sessions for the District of New Bern &c Endorsed 8th April 1761—In the upper House read the second time and passed

On motion ordered the Bill for altering the times of holding the Superior Court of Pleas and Grand Sessions for the District of New Bern &c be read the third time read the same a third time, passed, and ordered to be sent to the Council

On motion Ordered the Bill to amend and improve the navigation from Currituck Inlet thro' the District &c be read the third time, read the same a third time passed and ordered to be sent to the Council

On motion ordered the Bill for amending an Act for dividing the Parish of Saint John in Granville County, be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council

On motion ordered the Bill for enlarging the time for Inspecting of Tobacco at the Public Ware House in the Town of Tarborough &ca be read the second time, [Read the second time] amended passed, and ordered to be sent to the Council.

On motion ordered the Bill to continue an Act, Intitled an Act, for killing Squirrels in Certain Counties therein mentioned be read the second time read the same a second time, passed, and Ordered to be sent to the Council

Sent the above five Bills to the Council by Mr. Robinson and Mr. Sykes.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

On motion ordered the Bill for Building a Court House, in the Town of New Bern, for the County of Craven for raising a Tax &ca be read the 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. Ozborn and Mr. Bartram

On Motion ordered the Bill to appoint Commissioners to Improve and amend the navigation of New River in Onslow County &ca be

-------------------- page 677 --------------------
read the second time—read the same a second time amended passed and ordered to be sent to the Council

On Motion ordered the Bill to appoint Commissioners of the Roads for a certain District be read a second time—read the same a second time amended passed and ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Ozborn and Mr. Bartram

On Motion ordered the Bill for regulating the offices of the several Clerks of the Inferior Courts of Pleas and quarter Sessions &c 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. Beasley and Mr. Brown

Received from the Council the following Bills—Vizt

The Bill to amend an Act Intitled an Act, for dividing the Parish of St Johns in Granville County.

The Bill to continue an Act, for killing Squirrels in Certain Counties therein mentioned.

The Bill for enlarging the time for inspection of Tobacco at the Public Ware House in the Town of Tarborough &c Endorsed 8th April 1761 In the Upper House of Assembly read the second time and passed

The Bill to prevent the exacting of Illegal fees &ca—Endorsed 8th April 1761 In the Upper House of Assembly read the first time and passed

The Bill to amend and improve the navigation from Currituck Inlet through the District to Albemarle Sound—Endorsed 8th April 1761—In the Upper House of Assembly read the third time and passed—Ordered to be engrossed

Mr. Lemon presented a Certificate from the Court of Edgcomb County Certifying that William Braswell is very poor and decrepid and recommending him to be exempt from paying Public Taxes and doing Public duties

Ordered he be exempt accordingly

Then the House adjourned till 9 oClock tomorrow morning


Thursday 9th April 1761—The House met according to Adjournment

Mr. Ashe moved for leave to present a Bill to impower the Commissioners of the Roads in Several Counties in this Province to turn and alter the Roads where they may judge convenient and usefull

Ordered he have leave accordingly

-------------------- page 678 --------------------

Mr. Ashe presented the aforementioned 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. Miller and Mr. Houston.

On Motion ordered the Bill for amending an Act, Intitled an Act, for dividing the Parish of St John in Granville County, be read the third time, read the same a third time amended passed and ordered to be sent to the Council

On Motion ordered the Bill for enlarging the time for the Inspection of Tobacco, be read the third time, read the same a third time, passed and ordered to be sent to the Council

On motion ordered the Bill to prevent the exacting of illegal and exorbitant fees in levying executions by Sheriffs and other officers, be read the second time; read the same a second time amended passed and ordered to be sent to the Council.

On motion ordered the Bill to continue an Act Intitled an Act, for killing of Squirrels in certain Counties therein mentioned, be read the third time; read the same a third time, passed, and ordered to be sent to the Council.

Sent the above four Bills to the Council by Mr. Miller and Mr. Houston.

On motion ordered the Bill for dividing the County of New Hanover and erecting that part thereof called St. Philips Parish into a County &ca be read the second time; read the said Bill a second time, and then on motion Resolved the House Resolve into a Committee of the whole House to consider the subject matter of the said Bill.

The House Resolved into a Committee of the whole House, for the Purposes aforesaid, and chose Mr. Starkey for Chairman who took the Chair Accordingly, after some time spent the Committee came to several Resolutions, and then on motion Mr. Speaker resumed the Chair. Mr. Chairman reported that the Committee proposed several amendments to the said Bill which he laid before the House, and then on motion ordered the said Amendments be inserted in the said Bill the same are incerted accordingly, Then the motion was made and the question put that the said Bill pass and was carried in the Negative.

The order of the day being read Resolved the Committee sit tomorrow.

Then the House Adjourned till 9 oClock tomorrow morning

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Friday 10th April 1761. The House met according to Adjournment

Received the following Message from his Excellency the Governor Vizt

Mr. Speaker and Gentlemen of the Assembly

Having last night received letters by Express from General Amherst and Governor Fauquier expecting an Aid to be prepared by this Province, and tho' have not yet received his Majesty's Commands what sum or number of Troops may be wanted which I daily expect, yet by the unanimous advice of the Council I herewith lay these letters before you, and earnestly recommend that you may consider what may be the most proper fund to answer the immediate service that may be required by his Majesty, such as I may pass pursuant to my Instructions to raise such forces as may be necessary to co-operate with his Majesty's forces wherever he may think Proper to employ them, and that to loose no time when the orders arrive a Bill may be framed and so far perfected that it may be immediately passed, if necessary, for his Majestys and the Public Service upon the receipt of his orders

ARTHUR DOBBS.

9th April 1761.

Ordered the same lie on the Table

Resolved the House will proceed to take the said Message and letters therein referred to, under consideration, to morrow morning

On motion ordered the Bill to Dock the Intail of Certain Lands therein mentioned vesting the fee simple thereof in Blake Baker &c, be read the 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. Benton and Mr. Whitehall

Received from the Council the Bill for enlarging the time for Inspection of Tobacco at the Public Ware House in the Town of Tarborough &ca and

The Bill for altering the times of holding the Superior Court of Pleas and Grand Sessions for the District of New Bern &ca Endorsed 8th April 1761 In the upper House of Assembly read the third time and passed

Ordered to be engrossed

On motion ordered the Bill to compell the Members of the Assembly of this Province &c be read a second time, read the same a

-------------------- page 680 --------------------
second time, Then the motion was made and the question put, if the said Bill pass, and was carried in the Negative

On motion ordered the Bill for an additional Act to an Act Intitled an Act, to make provision for paying the Chief Justice and Attorney General Salary's &ca be read the 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. Benton and Mr. Whitehall

The House took under Consideration the great and unnecessary expence this Province is at in subsisting a certain Negro now in the Goal of Wilmington under sentence of death but reprieved, and resolved the following Address be sent to his Excellency Vizt


North Carolina—ss.

To His Excellency Arthur Dobbs Esquire, Governor &ca

Sir—The Assembly understand that a certain Negro man is now in the Goal at Wilmington under sentence of Death, but having been recommended to your Excellency as an object of Mercy, you were pleased to respite the Execution of that Sentence by ordering His Majesty's, most Gracious Reprieve to be issued

That by the Laws of this Province any Negro who may be under Sentence of Death for any Capital offence by him committed the Public shall pay the value of such Negro to the master or owner, in consequence of which the Public have allowed the value of the said Negro and have allowed large fees to the Goaler for his sustenance since such reprieve issued and should your Excellency be pleased still to continue that mercy and not order Exceution of that sentence to be done on him his lying longer under confinement and the hardship he may endure thereby possibly will induce him to effect his escape, and thereby may have an opportunity of repeating the mischief for which he now lyes under sentence of Death The Assembly therefore beg leave to Address your Excellency, that you will be pleased to order the said Negro to be sold to some person who will give security that he may immediately after such sale be from hence transported to some other Colony Island or Plantation never to return, and that the money arising by such sale may be paid into the hands of the Public Treasurer and applied to the Contingent fund

Received from the Council the following Bills, Vizt

The Bill to impower the Inhabitants of several Parishes within

-------------------- page 681 --------------------
this Province that have no legal Vestry within their Respective Parishes to meet and Elect Vestries

The Bill to prevent the exacting of Illegal and Exorbitant fees in Levying Executions by Sheriffs and other officers

The Bill to appoint Commissioners of the Roads for a Certain District in Bladen County Endorsed 8th April 1761 In the Upper House of Assembly read the second time amended and passed

The Bill to impower Joseph Howell to build a bridge over Tar River at the Town of Tarborough &c Endorsed 7th April 1761 In the Upper House of Assembly read the first time and passed and

The Bill to Impower the Commissioners of the Roads in Several Counties in this Province to turn and alter Roads Endorsed 8th April 1761 In the Upper House of Assembly read the first time amended and Passed

On motion ordered the Bill to Impower the Inhabitants of Several Parishes within this Province that have no legal Vestry within their Respective Parishes to meet and Elect Vestries, be read the third time, read the same a third time amended, passed and ordered to be sent to the Council

On motion ordered the Bill to prevent the Exacting Illegal and Exorbitant fees in levying Executions by Sheriffs and other Officers, be read the third time, read the same a third time, amended passed, and ordered to be sent to the Council

On motion ordered the Bill to Improve and amend the navigation of New River in Onslow County &c be read a third time, read the same a third time, Passed and ordered to be sent to the Council

Sent the above three Bills to the Council by Mr. Howe and Mr. Ashe

Then the House Adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment

On motion ordered the Bill to appoint Commissioners of the Roads for a Certain District in Bladen County, be read the third time, read the same a third time passed, and ordered to be sent to the Council.

On motion ordered the Bill to impower the Commissioners of the Roads in Several Counties in this Province to turn and alter Roads &ca be read the second time, read the same the second time, then the motion was made and the Question put, that the said Bill pass, and Carried in the Negative.

-------------------- page 682 --------------------

On motion ordered the Bill to Impower Joseph Howell to Build a bridge over Tar River at the Town of Tarborough &ca, be read the second time, read the same a second time amended passed and ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Howe and Mr. Ashe

Mr. Backhouse moved for leave to be absent from the Service of the House.

Ordered he have leave accordingly

The order of the day being read, Resolved the same be postponed till tomorrow

Mr. Howe according to order brought in a Bill for appointing and laying out a Town at the mouth of Cross Creek in Bladen County which he read in his place and delivered in at the Table, where the same was again read by the Clerk, then the question was put that the said Bill lie till next Session of Assembly for consideration and passed in the affirmative, and ordered that in the mean time Mr. Dry, Mr. Bartram, Mr. Howe, Mr. Harnett, Mr. Sampson, Mr. McNeil and Mr. Houston, view the mouth of Rockfish Creek and a place called Cross Creek, fit and convenient for a Town and report thereon to the next Session of Assembly, the place most proper for the Purpose, and for the Benefit of the Back Inhabitants of this Province

Then the House adjourned till 9 oClock tomorrow morning


Saturday 11th April 1761 The House met according to Adjournment

Mr. Leech presented the Petition of James Davis Printer regarding the Payment of half a years Salary due to him as Printer of this Province in December last which was read

Resolved the said James Davis be allowed and paid by the Public Treasurers the sum of eighty pounds proc money for half a years salary due to him from the Public Ending in December last; and that the following Message be sent to his Majesty's Council Vizt

Gentlemen of his Majesty's Honble Council

On reading the Petition of James Davis setting forth that by Resolve of the several Branches of the Legislature at an Assembly held in June last he was Continued printer to this Province, from thence to the end of the next Session of Assembly which terminated in December last, praying to be allowed for half a years Salary due to

-------------------- page 683 --------------------
him from the Public since the Expiration of the late Law appointing him printer to this province down to December last, at which time the present Law for continuing the said James Davis printer to this province did take place, This House resolved that the said James Davis be paid by the Public Treasurers the sum of eighty pounds proc money so due to him, and desire your Honors Concurrence thereto

Mr. Caswell moved for leave to be absent from the Service of th House, on Monday next

The order of the day being read the House again resolved into a Committee of the Whole House, as a Committee of Privileges and Elections, and Mr. Chairman took the Chair, after some time spent, Mr. Speaker Resumed the Chair

Mr. Chairman reported that the Committee had come to several Resolutions as follows to wit

1 Resolved that Mr. Stephen Dewey is duly Elected and qualified a Member for the Borough of Halifax

2d Resolved that Mr. Cornelius Harnett is duly Elected and Qualified a Member for the Borough of Wilmington, to which the House Concurred

Mr. Ashe moved for leave to present a Bill for Adding that part of a Road Belonging to the North East District in New Hanover County called Negrohead point to the Wilmington District

Ordered he have leave accordingly

Mr. Ashe 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 Mr. Howe and Mr. Ashe

The order of the day being read Resolved the House take under Consideration his Excellency's Message and the Letters therein referred to, on Monday next

Then the House adjourned till Monday Morning 9 oClock


Monday 13th April 1761 The House met according to Adjournment

Received from the Council the Bill to Dock the Intail of Certain Lands therein mentioned vesting the fee simple thereof in Blake Baker &ca Endorsed, 10th April 1761 In the upper House of Assembly read the second time amended and passed, and

The Bill for an Additional Act to an Act, Intitled an Act to make Provision for paying the Chief Justice and Attorney General Salaries

-------------------- page 684 --------------------
&ca Endorsed 10th April 1761 In the upper House of Assembly read the second time and passed

On motion ordered to Bill to Impower the Inferior Court of Pleas and Quarter Sessions in the County of Northampton to lay a tax &ca be read the second time, read the same a second time, amended passed and ordered to be sent to the Council

On motion ordered the Bill to Dock the Intail of Certain Lands therein mentioned, vesting the fee simple thereof in Blake Baker &ca be read the third time, read the same a third time amended passed and ordered to be sent to the Council

(Sent by Mr. Sampson and Mr. Palmer)

Ordered Mr. Sampson and Mr. Harnett, wait on the Reverend Mr. Camp, and return him the thanks of this House, for his Sermon Preached before them Yesterday, and request a Copy thereof, that this House may direct the same to be printed

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

The order of the day being read the House Resolved into a Committee of the whole House, to take under Consideration his Excellency's Message and the Letters therein referred to, and Mr. Sampson was unanimously chosen Chairman who took the Chair Accordingly After some time spent Mr. Speaker Resumed the Chair,

Mr. Chairman reported—That the Committee had taken his Excellencys Message and the letters therein referred to under Consideration, and came to several Resolutions thereon, but not having time to reduce them into form, desire leave to sit again tomorrow

Resolved the Committee sit again tomorrow

Received from the Council the following Bills—Vizt

The Bill to prevent the exacting of illegal and exorbitant fees &ca

The Bill to appoint Commissioners of the Roads for a Certain District in Bladen County

The Bill for amending an Act Intitled an Act for Dividing the Parish of Saint John in Granville County

The Bill to Dock the intail of Certain Lands therein mentioned vesting the fee simple thereof in Blake Baker &ca

The Bill to appoint Commissioners to improve and amend the navigation of New River in Onslow County &ca—and

The Bill to Impower the Inhabitants of Several Parishes within this Province that have no legal Vestry within their Respective Parishes to meet and Elect Vestries Endorsed 13th April 1761 In the Upper

-------------------- page 685 --------------------
House of Assembly, read the third time and passed Ordered to be engrossed.

The Bill to Impower the Inferior Court of Pleas and quarter Sessions in the County of Northampton for raising a Tax &ca

The Bill for adding that part of a Road belonging to the North East District in New Hanover County &ca—and

The Bill for adding part of Orange County to Johnston County &ca Endorsed 13th April 1761 In the Upper House of Assembly, read the first time and passed

On Motion ordered the Bill for adding that part of a Road, belonging to the Northeast District in New Hanover County &ca be read a second time, read the same a second time, amended passed and ordered to be sent to the Council

On Motion Ordered the Bill for adding part of Orange County to Johnston County &ca be read the second time, read the same a second time, amended, passed and ordered to be sent to the Council

On Motion ordered the Bill for an additional Act to an Act to make Provision for paying the Chief Justice and Attorney General Salaries &ca be read the third time, read the same the third time amended passed and ordered to be sent to the Council

On Motion ordered the Bill to Impower the Inferior Courts of Pleas and quarter Sessions for the County of Northampton to lay a tax &ca be read the third time, read the same a third time, passed and ordered to be sent to the Council

(Sent the same by Mr. Ashe and Mr. Baker)

Then the House adjourned till 9 oClock tomorrow morning.


Tuesday 14th April 1761—The House met according to Adjournment

Received from the Council the following Bills Vizt

The Bill for adding part of a Road belonging to the North East District in New Hanover County &ca—Endorsed 14th April 1761—In the Upper House read the second time and passed.

On motion ordered the Bill for Building a Court House in the Town of New Bern for the County of Craven for Raising a tax &ca be read the third time read the same a third time amended passed and ordered to be sent to the Council

On Motion ordered the Bill for adding that part of a Road belonging to the North East District in New Hanover County called Negrohead point &ca be read the third time, read the same a third time passed and ordered to be sent to the Council

-------------------- page 686 --------------------

On Motion ordered the Bill for adding part of Orange County to Johnston County &c be read the third time, read the same a third time passed and ordered to be sent to the Council

Sent the above three Bills to the Council by Mr. Leech and Mr. Bartram

Resolved that the Treasurers being Impowered to pay the Salarys of the Judges of the Superior Courts out of the money they have in their hands belonging to the fund appropriated for Schools and Glebes, and that the same shall be reinstated by monies to be collected on the Contingent fund.

Mr. Starkey from the Committee appointed to view the condition of the Magazine at Wilmington belonging to the Public Reported that the Committee had viewed the same, and that they found in the Magazine one Hundred sixty five Barrels of Gun Powder two of which they opened and believed the powder therein to be dry and good and sundry other stores there, and are of opinion it would save the Public a considerable expence were the said powder and other stores removed to Fort Johnston for the use of which Fort they were originally intended.

Then the House Resolved that his Excellency be Addressed to direct the said Powder and other Stores to be removed to the Magazine at Fort Johnston, so soon as the same shall be finished.

The Order of the day being read Resolved the Committee set tomorrow.

Then the House Adjourned till tomorrow morning 9 oClock.


Wednesday 15th April 1761. The House met according to Adjournment.

The order of the day being read the House Resolved into a Committee of the whole House, and Mr. Chairman took the Chair, Then acquainted the Committee that he had Reduced the Resolutions of Monday last into form which he read and were agreed to. Then Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had reduced the Resolutions thereof into form which he laid before the House the same were read and are as follows—Vizt

Resolved that it is now too late in the season of the year for us to hope or expect that a sufficient number of men can be raised in time to be of any service in the present Expedition against the Cherokees, as his Majesty's Forces, and those of the Neighboring Provinces, are just on the point of Commencing their Operations.

-------------------- page 687 --------------------

Resolved, that no practicable Method can be taken to raise men for his Majestys Service in case we should be required so to do, but that of issuing Notes of Credit to be sunk by a poll Tax, in Proportion only, to the number of forces to be raised, as our zeal to assist in the Common Cause against his Majesty's Enemies has occasioned not only our funds to be entirely exhausted, but also the contracting a very large Debt on the Province which has reduced it to the present unhappy circumstance to which the House Concurred

Resolved that agreeable to his Excellencys Message as well as [to] shew their Constant Zeal and loyalty to his Majesty's Service [we will] raise such a Number of men as the unhappy circumstances of the Province will admit to co-operate with his Majestys forces wherever he may think proper to employ them

Resolved the following Message be sent to his Excellency the Governor Vizt

To His Excellency Arthur Dobbs Esquire Governor &ca

Sir—This House have had under their consideration your Excellency's Message Recommending to us to consider what may be the most proper fund from which an Aid may be prepared by this Province when orders shall arive for that purpose for raising men to cooperate with his Majestys Forces wherever he may think Proper to employ them at the same time your Excellency Acquaints us that you have not yet received his Majestys Commands as to what sum or number of Troops may be wanted

We have likewise taken into Consideration the Letters your Excellency has been pleased to lay before us from General Amherst and Lieutenant Governor Fauquier, by which we observe the particular destination of the Troops is to join the Virginians against the Cherokees; which as your Excellency has justly observed to us in your Speech at the opening of this Session is now too late in the season of the year for us to hope or expect men can be raised in time to be of any use in the present Expedition against them.

We have also considered the State of our Provincial Funds which are not only intirely exhausted but that a large debt has been contracted by the zeal of this Colony, has already shewn for his Majesty's Service in their readiness in Granting Aids to assist in the Common Cause against the French and their Indian Allies, and that the only means left us to comply with your Excellencys request will be by issuing notes of Credit to be sunk by a poll tax sufficient for the

-------------------- page 688 --------------------
raising, arming, clothing, paying, and subsisting the Number of Forces that may be required from us for his Majesty's Service.

S. SWANN Sp.

Sent by Mr. Dry and Mr. Miller

Received from the Council the Bill for adding part of Orange County to Johnston County &ca Endorsed 14th April 1761—In the Upper House of Assembly read the third time and passed.

Ordered to be engrossed.

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly—

On reading a third time the Bill for building a Court House in the Town of Newbern &ca. We would desire that the dementions of the Court House for the said County not exceeding fifty feet long and thirty feet wide in the Clear be altered to, “not exceeding sixty feet long and forty feet wide in the Clear,” as such alteration will make it much more convenient for the setting of the Courts and Jury Rooms, and also be attended with very little more expence to which alteration, if your House agree please to send some of your members to see the same done.

JAMES HASELL. P. C.

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majesty's Honble Council,

In answer to your Message of this day regarding the alteration you desire to have made in the Bill for Building a Court House in the Town of New Bern &ca this House do agree thereto, and have sent Mr. Leech and Mr. Graves two of the Members of this House to see such alteration made

S. SWANN Sp

Mr. Sampson and Mr. Harnett, acquainted the House that agreeable to the order thereof had waited on the Reverend Mr. Camp and returned him the thanks of this House for his Sermon preached before them on Sunday last, and desired him to furnish the House with a Copy thereof in order the same may be Printed, and that in Answer thereto Mr. Camp said he thought himself under the highest Obligation for the notice of the House and that he will Comply with their request

-------------------- page 689 --------------------

Received from the Council the Bill for adding part of a Road belonging to the north East District in New Hanover County &ca Endorsed 14th April 1761 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

P. M. The House met according to adjournment

Received from the Council the Bill for Building a Court House in the Town of New Bern for raising a Tax &ca Endorsed 15th April 1761 In the upper House of Assembly read the third time and passed

Ordered to be engrossed

Received from His Excellency the following Message Vizt

Mr. Speaker and Gentlemen

As I find by your Answer to my Message that in case any demand could be made from his Majesty for an immediate supply, that in the low state of Trade of this Province from the Taxes already laid and debts incurred, you can think of no other method of raising a supply but by issuing notes and increasing the paper Currency to be sunk by a poll tax, and that there is no fund to pay the debts and contingent charges of Government I think it proper to inform you that there are several sums of money in several of the collectors hands who receive the powder duty which are not appropriated, which if you think proper may be applyed to answer the Contingencies of Government immediately and may be again restored by any future Tax, to be laid for future Contingencies, of which sum no account has yet been laid before the General Assembly.

ARTHUR DOBBS

On Motion Mr. Starkey, Mr. Corbin and Mr. Harnett are appointed a Committee to prepare an Answer to the foregoing Message

Then the House adjourned till 8 oClock tomorrow morning


Thursday 16th April 1761—The House met according to Adjournment

Mr. Harnett Chairman of the Committee of Accounts acquainted this House that the said Committee had stated and settled sundry Accounts the report whereof he laid before the House, which was

-------------------- page 690 --------------------
read, and after several alterations made by the House the said reports was agreed to

Ordered the said reports be sent to the Council for Concurrence

Sent the same by Mr. Houston and Mr. Skinner

Mr. Starkey Chairman of the Committee of Public Claims acquainted the House that the said Committee had settled and allowed sundry Claims, the report whereof, he laid before the House, which was read and after an allowance of ten pounds thereto added, for a scalp taken by Henry Harmon, the said report was approved of, and sent to the Council for Concurrence

Sent the said Reports to the Council by Mr. Ashe and Mr. Harris

Received from the Council the Message sent to them the 11th Instant, Endorsed 16th April 1761 Concurred with

JAMES HASELL, P. C.

Mr. Corbin from the Committee appointed to prepare an Answer to his Excellency's Message of Yesterday reported that the Committee had prepared the same which he read in his place, and is as follows (to wit)

To His Excellency Arthur Dobbs Esquire, Governor &c

Sir—This House have had under their Consideration your Excellency's Message of Yesterday, relative to the powder duty wherein you are pleased to inform us that there are several sums of money in several of the Collectors hands who receive the powder duty which are not appropriated, and which your Excellency desires may be applied to answer the Contingencies of Government, as also that no account of what sum has been received by the powder Receivers has yet been laid before the General Assembly

We beg leave to observe to your Excellency what must have escaped your notice that by sundry Accounts [Acts] of Assembly, the money arising by the powder duty, has been appropriated towards finishing and repairing the Forts Johnston and Granville, and amending the navigation of port Bath, port Roanoke, port Brunswick, Port Beaufort or Currituck, and likewise towards the navigation of New River, and the Receivers of the ports in the several Districts are to collect with the Commissioners of the said Forts, and the Commissioners of the Navigation Respectively, as the said duty is applied; some of which Commissioners have already accounted with the Assembly by which it appears there will remain but a small sum of the Powder duty, in the hands of the Receivers more than will

-------------------- page 691 --------------------
answer the Purpose for which that duty was directed by Law to be applied To which the House agreed Sent the above Message by Mr. Dry and Mr. Sampson

Resolved the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council,

In Answer to your Message relative to the adding the Honorable John Swann Lewis De Rossett and Maurice Moore Esquires to the Committee of Correspondance in the Aid Bill mentioned This House agree thereto and have sent Mr. Ashe and Mr. Howe two of the Members thereof, to see the Gentlemens names inserted in the said Bill who being returned acquainted the House that they had waited on the Council with the foregoing Message and had seen the Gentlemens names therein mentioned Inserted in the said Bill

Resolved that as there is not Money enough of the Contingent fund in the Treasury to Pay the Allowances of the General Assembly, servants thereof, the Claims of the Scouting Parties on the Frontier of this Province and other Public Demands which amount to a very considerable sum it is necessary to borrow the remainder of the Glebe and School Money after payment of the Judges Salaries (before resolved to be borrowed from that fund) towards discharging the said allowances, claims and other demands, and that the same be replaced, out of the Tax for the Contingent fund as the same shall be paid in and desire your Honors Concurrence thereto and that the above Resolve be sent to the Council for Concurrence by Mr. Ashe & Mr. Palmer

Received the following Message from the Council—Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill to Impower the several Superior and Inferior Courts within this Province to admit a Copy of the last Will and Testament of any Person deceased in evidence, We find that you have obliged the Secretary or his Deputy to attend with the orignal Will, Instead of which we could propose that the Secretary's Clerk attending with such Will certified on the Back by the Secretary or his Deputy sworn to before any Magistrate that the same is the original Will Lodged in his office, shall have the same effect, as if the Secretary or his Deputy had Personally attended We also find that you have allowed for such attendance only five shillings per day a sum inadequate to the expence and trouble of such service We would therefore propose that the sum be altered

-------------------- page 692 --------------------
to seven shillings and six pence per day; to which alterations if your House agree please to send such of your Members as you shall think proper to see the same made in the Bill.

JAMES HASELL P. C.

Resolved the following Message be sent to the Council in Answer to the Above—Vizt

Gentlemen of His Majestys Honble Council

In Answer to your Message relative to the alteration you propose to the Bill to impower the several [Superior] and Inferior Courts within this Province to admit of a Copy of the last Will and Testament of any Person deceased in Evidence this House cannot agree, because as to the first think it too great a trust to be reposed in any Private Clerk, as to the second we think five shillings p day a sufficient allowance for Travelling to and from and attending the said Court with the original Will as directed by the said Bill

Sent by Mr. Ashe and Mr. Palmer

Then the House Adjourned till 9 oClock tomorrow Morning


Wednesday 22d April 1761—The House met according to adjournment

The House to avoid the appearance of inconsistency in their Conduct in removing Mr. Bacon from his appointment as agent for this Province by a most solemn Resolve of one of the fullest Houses of Assembly ever known in this Colony—Resolve that the principal motive of this House for so doing was the sincere desire they had to shew their zeal and Loyalty to his Majesty in Granting an Aid for his Service, so forceably Recommended to us by his General and Commander in Chief in America, and this Assembly apprehend themselves rather the more in duty obliged to this, as his Excellency has declared that he would not pass any Bill that had the name of Mr. Bacon inserted therein; but that if any other person, in England was named as agent he would give his Assent to him. These Considerations together with the suspicion that might have arose of our obstructing his Majesty's Service and refusing what assistance is in our power; to the Neighbouring Provinces in the most Critical Juncture has induced us to make the appointment of another Gentleman.

Received from the Council the two Resolves of this House of the

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14th and 21st Instant sent to them on Monday and Friday last, Endorsed 22d April 1761 Concurred with in the upper House

JAMES HASELL P. C.

Sent the Estimate of the Allowancies of the Assembly, Clerk and others of this and the last Session of Assembly to the Council for Concurrence

Mr. Harnett, Chairman of the Committee of Accounts Reported that John Starkey Esqr Public Treasurer of the Southern District hath this Session of Assembly paid into the Committee £105.13.3, on the sinking fund, and the sum of £513.0.0, in Treasurers Notes Including Interest which said several sums are by Law to be burnt

Then on motion Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

The Chairman of the Committee of Public Accounts hath received from John Starkey Esqr Public Treasurer of the Southern District, the Sum of £105.13.3. On the sinking fund, and £513.0.0 in Treasurers Notes including Interest to be sunk by the several Taxes laid for that purpose. This House have therefore appointed a Committee of the whole House to see the said several sums burnt at the House of Mr. John Campbell in Wilmington at 10 oClock Tomorrow morning, and desire you'l please to appoint a Committee of your House to see the same done accordingly

Sent by Mr. Lee and Mr. Gibson

Resolved the following Message be sent to his Excellency the Governor Vizt

Sir—Mr. Anthony Hutchins being disqualified to represent Anson County or having a seat in this present Assembly. This House therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ for Electing a Member for Anson County to sit and Vote in this Present Assembly in the room and stead of the said Mr. Anthony Hutchins

S SWANN Sp

22d April 1761

Then the House adjourned till 8 oClock Tomorrow Morning

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Thursday 23d April 1761. The House met according to Adjournment.

Received from the Council the Bill to Impower the several Superior and Inferior Courts within the Province to admit a Copy of the last will and Testament of any Person deceased to be given in Evidence, Endorsed 22d April 1761, In the upper House of Assembly read the third time and passed

Ordered to be Engrossed

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading your Message of Yesterday relative to the appointing a Committee of your [this] House to join that of yours to see the Bills burnt, We have accordingly appointed the Honble Lewis De Rosset and Maurice Moore Esquires to see the same done


23d April 1761.
JAMES HASELL, P. C.

Received from the Council the Estimate of the Allowance of the last and this Present Session of Assembly, Clerk and others sent to them yesterday, Endorsed 23d April 1761. In the Upper House Concurred with.

JAMES HASELL P. C.

Received from the Council the report of the Committee of Claims, Endorsed 16 April 1761. In the Upper House Concurred with.

JAMES HASELL P. C.

His Excellency the Governor sent a Verbal Message to the House requiring the immediate attendance thereof, in the Council Chamber with the Engrossed Bills Vizt

The Bill for Granting to his Majesty an Aid of Twenty Thousand pounds &ca for appointing an Agent &ca

To which said Bills his Excellency was pleased to assent except the Bill for adding that part of the Road belonging to the North East District in New Hanover County &ca which his Excellency rejected then made a Speech to the House a Copy of which to prevent mistakes Mr. Speaker obtained and which he laid before the House.

Ordered the same be read, the same was read, and ordered to be Entered on the Journal of the House and is as follows Vizt

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Mr. Speaker and Gentlemen of the Assembly

I thank you for the supply Granted to his Majesty, an Aid upon this Critical situation of affairs and Poverty of this Province as great as could be expected to be raised in time to co-operate with the other regular and Provincial Troops. But it would have given me double pleasure if you had framed your Aid Bill so as I could have passed it without departing from his Majestys Instructions and incroaching upon his Prerogative, which you have attempted to do, by this Bill, and have since in Council advised me to pass it, and have ventured to encroach upon his Majestys just prerogative, and given up their own rights. And since you in answer to my Message, have disclaimed any right of adding such Clauses to the Aid Bill as may in the least encroach upon his Majesty's Negative Voice, by putting the Crown under a dilemma of giving up so far its Prerogative, or loosing the necessary supply, and as the clause added is only temporary, and I had agreed to have passed it in a separate Bill, Yet upon so critical an emergency and earnest requisition from his Majesty to raise a considerable number of men, which by Loosing no time may be able to join and co-operate with his Majesty's Forces, and may be the means of securing the Possession of all French America, and the future peace and safety of his Majesty's American Dominions, I have for these Considerations ventured so far to depart from his Majestys Instructions as to pass this Aid Bill; and in order to procure the good end proposed by it, hope that each of you, upon your return home will promote the speedy raising of the troops, and prevent as much as possible the concealment of Deserters and every attempt to frustrate the important end proposed by the Bill.

Mr. Ashe informed the House that Mr. Charles Cogdell hath been guilty of a contempt and indignity of this House by throwing a Cat upon Mr. Charles Robinson one of the Members of this House, whilst in the Council Chamber during the time Mr. Speaker was presenting the Bills passed this Session to His Excellency the Governor for his Assent.

Resolved, that the said Charles Cogdell be taken into Custody of the Serjeant at Arms and brought to the Bar of the House, to answer for the said Contempt Mr. Charles Cogdell appeared in Custody at the Bar of this House, and Confest that a Cat leaping upon his shoulders from a Stare Case, he on a surprise, threw her from him, which might fall on Mr. Robinson, but with no design or contempt to any of the Members of the House

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Ordered the said Charles Cogdell withdraw and remain in Custody till the House shall take further order thereon

Ordered the Serjeant at Arms bring the said Charles Cogdell to the Bar of this House and that he be repremanded by Mr. Speaker, and also ask Pardon of the House in General and of Mr. Robinson in Particular and that he be therein discharged Paying the fees

Pursuant to order the Serjeant at Arms brought the said Charles Cogdell to the Bar of the House, where he asked pardon of the House, and of Mr. Robinson in Particular for his said offence, and then was repremanded by Mr. Speaker and ordered to be discharged, paying the fees

Received from the Council the Report of the Committee of Accounts Endorsed, April 16th 1761 In the Upper House Concurred with (Except) The three hundred pounds in the within Report mentioned to be due to Mr. Abercrombie for his Agency which we can by no means agree to as he was not an Agent duly authorized by Act of Assembly, but only Impowered by a Resolve of the Lower House of Assembly

JAMES HASELL, P. C.

Resolved that the above endorsement made by the Council at the foot of the Reports of the Committee of Accounts is unprecedented, and that this House look upon such endorsement as a Non Concurrence to the said Reports

Therefore it is ordered that the Treasurers have no regard to the said Accounts nor pay any Ballances which may thereby appear to be due; and that the said Report remain in the Office of the Clerk of this House till next Session of Assembly

Resolved that to expedite his Majesty's Service in raising men to form the Regiment directed by the Act of Assembly passed this Session of Assembly, for Granting an Aid to his Majesty &ca so much of the Public Money now in the Treasury belonging to any fund be borrowed and applyed towards the Service aforesaid and that the same be replaced by the money to be emitted by the aforesaid Act, and that the above resolve be sent to his Majesty's Council for Concurrence by Mr. Baker and Mr. Corbin

Then the House adjourned till 3 oClock.

P. M. The House met according to Adjournment.

Received from the Council the Resolve this House, of this day

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sent to them Endorsed, 23d April 1761. In the Upper House Concurred with

JAMES HASELL P. C.

Mr. Baker informed the House that Mr. John Ferges hath been guilty of a Contempt and breach of the Privileges of this House by saying he was a scoundrel that moved the House against Mr. Cogdell for a contempt of which he was guilty, and that if it was in his place he would not put up with it until he had given Mr. Robinson (one of the Members of this House) a genteel flogging

Resolved, that the said John Ferges be taken into Custody of the Sergeant at Arms and brought to the Bar of this House, to answer for the said Contempt and Breach of Privileges.

Pursuant to the above Resolve the Serjeant at Arms brought the said John Ferges to the Bar of this House and it appearing that the said John Ferges did say that he was a scoundrel that moved the House against Mr. Cogdell for the afore mentioned contempt by him Committed

It is therefore Ordered that the said John Ferges appear at the Bar of this House and ask forgiveness of the House in General and Mr. Ashe in Particular on his knees, and that he remain in Custody of the Serjeant at Arms untill he shall pay the fees.

Mr. John Ferges was brought to the Bar of the House and on his knees asked forgiveness of the House in General and of Mr. Ashe in Particular for his contempt and breach of Privileges, and was remanded to the Custody of the Serjeant at Arms until his fees are paid.

Then the House adjourned till tomorrow morning 9 oClock

[The Assembly was then prorogued by proclamation from the Governor until 19th November next.]