At a Meeting of His Majesty's Commrs for Trade and Plantations
The Secretary laid before the Board fifteen Acts passed in the Province of North Carolina in 1761 together with Sir Matthew Lamb's Report thereupon and the said Report and Acts were read which Acts are entitled as follows Viz:
An Act for granting to His Majesty an aid of twenty thousand pounds Proclamation money for raising clothing and paying five hundred effective men exclusive of Officers to be employed as the General or Commander in Chief of His Maj. Forces in America or His Excellency the Governor or Commander in Chief of this Province shall direct or appoint and subsisting fifty men and Officers now in garrison And for appointing an Agent to represent to His Majesty and his Ministers the loyalty & dutiful behaviour of the inhabitants of this Province and their Zeal for His Majesty's service and also 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 Maj. service during the present war and to solicit the affairs of this Province at the several Boards in England and for other purposes.
It appearing to their Lordships that the tacking the appointment of an Agent to an Act the principal object of which is to provide for a temporary service by a grant of money to the Crown is irregular and unprecedented it was ordered that the Draught of a letter to Gov. Dobbs should be prepared signifying to him their Lordships sense of the impropriety of such a practice and directing him to use his endeavours to procure a separate Law to be passed for that purpose
An Act to impower the inhabitants of several Parishes within this Province that have no legal Vestry within their respective Parishes to meet & elect Vestries.
This Act appearing to have reference and to be additional and
An Act to appoint Commissrs to further improve and amend the navigation of New River in Onslow County to raise a fund by way of lottery to pay the expence thereof
Ordered that in the Draught of the letter to Governor Dobbs to be prepared pursuant to the preceding resolution notice be taken of the irregularity and impropriety of raising money by lottery.
An Act to amend and improve the navigation from Currotuck inlet through the district in Currotuck County to Albemarle Sound.
This act appeared upon examination in part to repeal and alter an Act passed in this Province in 1754 for providing for the defence of the Colony by imposing a duty of powder and lead to be paid in kind by all ships and vessels coming into that Province inasmuch as it does allow of a commutation in money for the said duty so far as regards the particular port of Currotuck and this alteration appearing to their Lordships to be improper in itself and inconsistent with Instructions given from time to time to the Governors of His Majesty's Colonies and Plantations in America directing Laws to be passed for imposing a duty of powder for the defence of the said Colonies and that no Commutation shall be allowed it was resolved to lay the said Act before His Majesty for his Royal disapprobation.
An Act for altering the times for holding the Superior Court of Pleas and Grand Sessions for the district of New Bern and also the inferior Court of Pleas and Quarter Sessions in the Counties of Orange and Carteret and for other purposes.
This Act appearing to be additional to and explanatory of the Acts passed in 1760 for establishing Superior and inferior Courts of Pleas which Acts have been declared void by His Maj. Order in Council it was resolved to lay the said Act before His Majesty for his Royal disapprobation.
An Act to empower the several Superior and Inferior Courts within this Province to admit a copy of the last will and testament of any person deceased to be given in evidence
This Act appearing to be to the same effect as an Act passed in the Province of South Carolina in April 1759 for the same purpose which had been declared void by an Order of His Majesty in Council it was resolved to lay the said Act before His Majesty for his Royal disapprobation.
Ordered that the Draught of a Representation to His Majesty be prepared pursuant to the three last mentioned resolutions.
An Act for an additional Act to an Act entitled an Act to make provision for paying the Chief Justice and Attorney General's salaries and defraying the contingent charges of government.
An Act to empower 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 Warehouse in the said County and other purposes.
An Act for building a Court House in the Town of New Bern for the County of Craven for raising a tax and for appointing Commissrs for building the same and for repealing an Act passed at Wilmington the 20th day of Nov. 1759 entitled an Act for appointing Commissrs for finishing the Court House already begun in the Town of New Bern and for other purposes.
An Act to prevent the exacting of illegal and exorbitant fees in levying executions by Sheriffs and other Officers.
An Act to amend an Act entitled an Act for dividing the Parish of St. Johns in Granville County.
An Act for adding part of Orange County to Johnston County and for ascertaining the dividing line between the said Counties
An Act for enlarging the time for inspection of tobacco at the public warehouse at the Town of Tarborough in the County of Edgecumbe and for increasing the salaries of the Inspectors thereof.
An Act to appoint Commissrs of the roads for a certain District in Bladen County.
The foregoing eight Acts appearing not to be liable to any particular objections it was Ordered that such of them as have not expired or have not had their full effect and operation should lye by until the further effect of them shall have been known.
An Act to dock the intail of certain lands therein mentioned vesting the fee simple thereof in Blake Baker and for settling other lands in lieu thereof to the same uses.
This Act appearing to be of a private nature and to have a clause inserted in it suspending its execution until His Maj. pleasure should be known it was ordered to lye by until the parties concerned in it should apply.
The Draught of a Representation to His Maj. proposing the repeal of three Acts passed in North Carolina in April 1761 having beenth inst. was approved and ordered to be transcribed as was also the Draught of a letter to Gov. Dobbs ordered to be prepared at same time—and were signed Febry 17th
The Secretary acquainted the Board that the executors of the late Bishop of London had delivered to him two Laws passed in North Carolina in 1760 for establishing Vestries and making provision for an orthodox Clergy which Laws had been referred to his Lordship by an Order of the Board of 25th Nov. last Whereupon it was Ordered that the Secretary should transmit copies of the said Laws to the present Lord Bishop of London and desire the favour of his Lordship's sentiments upon them in so far as they regard the establishment of the Church of England in that Colony the right of patronage to livings and the method established for the suspension or removal of Ministers guilty of immorality.
The Secretary laid before the Board two Orders of His Maj. in Council dated 11th March last repealing three Acts lately passed in North Carolina & one Act passed in New York.
Ordered that the Secretary do transmit the said Orders of Repeal to the Respective Governors of New York and North Carolina together with copies of their Lordships Representations to His Majesty in Council upon the said Acts.
Their Lordships then took into consideration two Acts passed in the Province of North Carolina in December 1760 for establishing Vestries and making provision for an Orthodox Clergy together with a Report thereupon made to their Lordships by the Bishop of London and the said Acts and Report having been read and considered it was Ordered that the Draught of a Representation to His Majesty should be prepared proposing that the Acts may be repealed—signed 3d June.
Read a letter from Arthur Dobbs Esq. Govr of North Carolina dated December 1761 giving an account of some extraordinary claims and pretensions of the Lower House of Assembly in that
Their Lordships took the said letter into consideration & having made some progress therein agreed further to consider of it on Wednesday next the 2d of June.
Ordered that the Secretary do transmit to the Auditor General of His Maj. Revenue in America an extract of so much of the said letter as relates to the conduct of his Deputy.
Their Lordships then took into further consideration the letter from Gov. Dobbs mentioned in the Minutes of 28th May and after full deliberation thereupon agreed in opinion 1st. That the refusal of the Lower House of Assembly to meet and do business unless a majority of the whole House are present contrary to His Maj. Royal Will and Pleasure upon that head expressed in His Majesty' Instructions to the Governor after the most impartial and open examination of every circumstance that could be offered in support of that proposition considering it either as a matter of right or of general policy and convenience is such an indecent opposition to the just authority of the Crown & such an undutiful return to the great favors and indulgence which that Province has received as justly deserves the severest censure.
That the admission into the Assembly of persons chosen Representatives for any Towns or Counties without writs from His Majesty for that purpose, as is alleged by the Governor to have been the case of the Member for the Town of Halifax in 1760 is unconstitutional and not warranted by any authority whatever and that the Clause passed in the Act in 1715 for erecting the Town of Bath for which the Governor alleges that the Assembly found this unreasonable pretence cannot by any construction whatever give any other power to any Town which shall consist of sixty families than that of demanding a writ upon proper proof of such qualification.
That the refusal of the Assembly to pass Acts for incorporating any settlement into a Township or County upon petition of the inhabitants setting forth their qualification as alleged in the Governor's letter is unjust and subversive of the rights and liberties of the subject and an undutiful & ungrateful return to His Maj. grace and favor who in the repealed laws was pleased upon considerations of
Resolved that their Lordships sentiments upon the foregoing points be communicated to the Agent of the Province and that he be directed to signify to his Constituents that if the Lower House of Assembly shall continue to persist in such undutiful & unreasonable claims and proceedings their Lordships shall think it their duty to lay a state of their conduct before His Majesty to the end that a Representation thereof may be made to Parliament and shall likewise humbly propose to His Majesty that the Act erecting the Town of Bath may be repealed and that the Governor be directed to exercise the authority vested in him by the 15th Article of his late Maj. Instructions of erecting Towns by Royal Charter.
Ordered that the Secretary do give notice to the Agent to attend tomorrow morning
Mr. Jouvencel Agent for the Province of North Carolina attending without pursuant to Order was called in and the Minutes of their Lordships proceedings in reference to the matters of complaint against the Assembly of North Carolina contained in the Governor's letter having been read to him he acquainted the Board that he had no instruction or information from his Constituents respecting these matters but should not fail to communicate to them their Lordships sentiments and resolution praying at the same time that he might be permitted for the greater exactness and precision to have copy of what had been read to him.
Mr. Jouvencel being withdrawn their Lordships took his request into consideration and it was ordered that a copy of the Minute should be made and delivered to him
Their Lordships then proceeded to take into consideration the other parts of Mr. Dobbs letter to the Board and after some time spent thereon it was Ordered that the Draught of a letter to Mr. Dobbs in answer to his should be prepared—signed 9th June
Ordered that the Draught of a Representation to His Majesty be prepared proposing that Charles Berry may be appointed of theth June.
Their Lordships took into consideration the letters and papers received from the Governor of South Carolina and had some conversation thereon with Mr. Abercrombie who had been a Commissr on the part of South Carolina for running the Boundary Line between the said Provinces in 1734 [N B. This has reference to letters recd from Gov. Boone of 9th and 16th Oct 1762 concerning a dispute between North & South Carolina concerning the Boundary Line]
Mr. Abercrombie being withdrawn their Lordships were of opinion that it would be necessary for the sake of the peace and quiet of both Provinces that there should be a temporary line of jurisdiction established until the propositions of both Provinces in respect to a final line of division can be fully considered and determined and that the line agreed upon and in part marked out between the said Provinces in 1735 should be the said temporary line of jurisdiction whereupon the agents of the said Provinces who attended pursuant to Order were called in & acquainted with their Lordships resolution and then they withdrew and it was ordered that the Draught of a Representation to His Majesty upon this subject should be prepared.
The Draught of a Representation to His Majesty containing proposals for establishing a temporary line of jurisdiction between the Provinces of North & South Carolina having been prepared pursuant to Order was agreed to—and signed 22d Dec.
The Hon. & Rev. Mr. Cholmondeley Auditor General of His Maj. Revenues in America attended and laid before the Board a paper containing the Answer of Mr. Lucas late Deputy Auditor of North Carolina to the complaints made against him by Gov. Dobbs in his letter to this Board of December 1761.
The said paper was read and ordered to be entered upon the Books of the Office.
Read a letter from Gov. Dobbs dated 17th May 1762 containing his Observations upon the 74th Article of his Instructions respecting the resumption of such parts of the lands granted to James Huey
Draught of a Representation to His Majesty with a copy of Gov.
Dobbs letter abovementd was agreed to and signed