powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the North Carolina Governor's Council
North Carolina. Council
April 13, 1762 - April 30, 1762
Volume 06, Pages 758-764

-------------------- page 758 --------------------


At a Council held at Wilmington the 13th April 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
and The Honble John Sampson Esqr

The Honorable Richard Spaight Esquire appeared at the Board and took the Oath of Supreamacy and Allegiance Subscribed the Test and took the oath of a Councillor and his seat at the Board accordingly

Robert Palmer Esquire produced to the Board His Majestys Commission being Renewed upon the demise of his late Majesty as Surveyor General of this Province, who at same time took the Oaths of Supremacy and Allegiance Subscribed the Test and took the Oath of Office

Ordered that a Proclamation issue appointing the 4th day of May next to be kept as a Publick Thanksgiving throughout this province

Ordered That a Proclamation issue setting forth that all Persons holding Commissions under the Crown must Renew the same on or before the fifteenth day of July next otherwise they will be null and void and other persons shall be appointed.


At a Council held at Wilmington the 14th day of April 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
and The Honble John Sampson Esqr

The Honble Henry Eustace McCulloh Esquire appeared at the Board and took Oaths of Supreamacy and Allegiance Subscribed the Test took the oath of a Councillor and his Seat at the Board accordingly

Upon reading the Deposition of John Sheppard setting forth that he this Deponent about six or eight weeks ago being in company with William Bullard and Andrew Bass Junr of Dobbs County and understanding that a piece of Land near Gavins Ford in Duplin County had lately been surveyed for each of them the said Bass and Bullard he this Deponent did hear the said Bullard declare that he would not dispute or Controvert the said Bass' right to the said Land or words to that Effect and that he the said Bullard would not stand tryal or dispute a Caveat Entered for the said Land and further this deponent saith not.

Ordered that a Patent issue to the said Andrew Bass Junr and that his Caveat against William Bullard be confirmed

-------------------- page 759 --------------------

Several Warrants and Patents for Land were read and Granted as p Warrant and Patent Books

Ordered That all Disputes and Caveats about Lands be heard on Tuesday the Twentieth Instant and that publick Notice be given thereof


At a Council held at Wilmington the 20th day of April 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr &
The Honble Henry Eust McCulloh Esqr

Several Warrants for Land were Read and Granted as per Warrant Book

Nicholas Long Mary his wife & others against Robert Hicks, Seth Prior & his wife Exors. of Barnabe McKinney Caveat

Robert Jones Esqr appeared for Complainants and moved that the said Caveat be Dismissed which was Granted.

At a Council held at Wilmington the 21st day of April 1762

Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr &
The Honble Henry Eustace McCulloh Esqr

On hearing the Caveat William Bourke against William Mace, It is Ordered that Administration issue to William Mace on the Estate of William Mace Deceased with a Copy of his Will annexed.

Upon Reading the Petition of James Linn setting forth That Andrew Linn in his Life time and at the time of his Decease was possessed of a Tract of Two hundred and sixty Acres of Land in the County of Anson by a Patent Dated the 17th day of May 1754 the said Land lying in the Waxaw settlement joining the East side of the Catawba River and Henry Whites Line and that in comparing the courses of the said Patent with the marked Lines on the Land there is a manifest Error in the patent and plann by the mistake of the Deputy Surveyor therefore the Petitioner prays that the true Courses may be incerted in the Record as the Land was originally Run And on Francis Beatys making oath to the same

Ordered that the Record of Andrew Linns Patent 260 Acres in Anson County be altered accordingly.

-------------------- page 760 --------------------

Several Warrants for Land were Read and Granted as per Warrant Book


At a Council held at Wilmington the 22d April 1762.
Present—His Excellency the Governor.
The Honble James Hasell Esqr
The Honble John Sampson Esqr and
The Honble Henry Eus McCulloh Esqr

The Honorable John Rieusset Esquire appeared at the Board and took the Oaths of Supremacy and Allegiance subscribed the Test, took the Oath of a Councillor and his Seat at the Board accordingly.


At a Council held at Wilmington the 23rd April 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr
The Honble John Sampson Esqr &
The Honble Henry E. McCulloh Esqr

On Motion of William Powell in behalf of Isaac Clark

Ordered that the Warrant issued In April 1761, in the name of Christopher Clark be altered to Isaac Clark and that a Patent issue on the same to Isaac Clark

Several Warrants and patents for Land were read and granted as p Warrant and patent Books


At a Council held at Wilmington the 24th day of April 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr and
The Honble Henry E. McCulloh Esqr

Several Patents and Warrants for Land were Read and Granted as p Warrant and Patent Books


At a Council held at Wilmington the 28th day of April 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr and
The Honble Henry Eustace McCulloh Esqr

On Reading the Petition of Robert Palmer Praying a Warrant of Resurvey upon the Lands of Charles Smith and John Smith lying on the East side of Matchapungo so as to ascertain their Lines that

-------------------- page 761 --------------------
the Surveyor may know how to lay off the Petitioners Warrant Entered this Court Bounding on their Lines, which was Granted

On Reading the Petition of Robert Palmer Praying a Warrant of resurvey upon the Lands of Samuel Slade and John Slade said to be Two hundred and fifty Acres, so as to ascertain their Lines that the Surveyor may know how to lay off the Petitioners Warrant bounding and Joining their Lines which was Granted

On Reading the Petition of James Robeson setting forth that he obtained a Patent for two hundred Acres of Land in New Hanover County which patent thro' a Mistake mentions Dupplin County the Petitioner therefore prays that the Said Patent and Record thereof be altered from Dupplin County to New Hanover County which was Granted.

On hearing the Caveat John Weston agt Samuel and William Sylvia It is Ordered that the said Caveat stand Confirmed and that a Warrant issue to John Weston.

On hearing the Caveat William Asheley against Thomas Cooper, It is ordered that in Case there is no Return of Thomas Coopers Warrant to the Court that the Caveat be confirmed and that a patent issue to William Asheley.

On hearing the Caveat William McKinney agt Andrew Bass Junior. It is Ordered that a patent issue to the said Bass for the Land Caveated.

On hearing the Caveat Charles Smith against William Dickson It is Ordered that a Warrant issue to the said Charles Smith for the Land Caveated

On hearing the Caveat George Smith against Jacob Lawhon, It is Ordered that a Warrant issue to the said Jacob Lawhon for the Land Caveated.

On motion Samuel Swann in behalf of Stockly Bishop, It is ordered that a Warrant of resurvey issue to the Surveyor General to resurvey a Patent of George Bishop deceased on Topsail in New Hanover County as also to resurvey Tapley Oldhams Patent on Topsail in the said County of New Hanover and that he make Plots of the same and Return them to His Excellency in Council at their next meeting

Several Warrants and Patents for Land were Read and Granted as p Warrant and patent Books.

Ordered That a New Commission of the Peace and Dedimus issue for the County of Orange.

Ordered that all Commissions of the Peace for the future be for

-------------------- page 762 --------------------
holding the Courts at such times and Places as by Law appointed and directed.


At a Council held at Wilmington the 30th day April 1762.
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr and
The Honble Henry E McCulloh Esqr

Ordered that a New Commission of the Peace and Dedimus issue for the County of Dupplin and William Huston and Francis Brice be restored to their Rank in the said Commission and that William Barns and John Williams be added thereto and that Daniel Heron and James Hollinsworth be left out.

Ordered that a new Commission of the Peace and Dedimus issue for the County of Craven and that William Dry Esquire be added thereto and that he be placed in the said Commission before Joseph Leech and also that       Carraway be added to said Commission.

Ordered that a New Commission of the Peace and Dedimus issue for the County of Bladen and that Hugh Waddell and John Burgwin be added thereto.

Ordered that a new Commission of the Peace and Dedimus issue for the County of New Hanover and that William Purviance be added thereto.

Ordered that a New Commission of the Peace and Dedimus issue for the County of Halifax and that Benjamin Crooker John Elbank, Peter Coupland and Benjamin Dickens be added thereto and that John Wiggins and Richard Browning be left out.

Ordered that a New Commission of the Peace and Dedimus issue for the County of Chowan and that Richard Browning be added thereto and that Robert Lennox, Robert Hardee and Joseph Heron be left out of said Commission.

Ordered that a New Commission of the peace and Dedimus issue for the County of Hertford and that Robert Hardie be added thereto

Ordered that New Commissions of the peace and Dedimus issue for the several Counties in this Province not before mentioned.

Upon Reading the Resolve of the two houses of Assembly to Garrison Forts Johnston and Granville as follows:

Gentlemen of His Majesty's Honble Council,

This House have Resolved that His Excellency the Governor have

-------------------- page 763 --------------------
power to raise Twenty five men including one Commissioned Officer, One Serjeant, One Corporal, One Gunner, One Drummer to Garrison Fort Johnston on Cape Fear River and also Twenty five men including Officers as aforesaid to Garrison Fort Granville at Occacock Inlet which said Officers and remaining forty men shall be allowed the following pay, to wit, the Commissioned Officers five shillings per Diem each, the Serjeants two Shillings per day each, The Gunners two shillings per day each, the Corporal one shilling and six pence per day each, the Drummers one shilling and six pence per day each, and each private man one shilling per day and each man that shall Inlist himself shall have and receive as a Bounty Twenty shillings Proclamation money on his Inlisting. And the Commanding Officer of each fort shall be allowed for subsisting each man eight pence per day, and also that His Excellency The Governor have power by his Warrant on the Treasurers to Draw for the paying, Inlisting and Subsisting the said men and likewise all such sums of Money as shall be necessary for the cloathing the said Forces not exceeding forty shillings for each man out of the money appropriated for founding Schools, And that the same be replaced by a Tax to be laid for that purpose which said men shall be kept in pay six months from the first day of May next and no longer to which desire your Honours Concurrence

JOHN ASHE Speaker

By Order 28th April 1762.
Wm Herritage Clk
In the upper House—Concurred with
J. H.—P. C.

By Order 29th April 1762.
Jno Burgwin Clk.

Upon which His Excellency put the following Question

Whether the Garrisons provided by the above Resolve are sufficient for the Defence of those Forts the Protection of Trade and Safety of the province?

And the Question being put it was unanimously agreed that such provision was insufficient

Then His Excellency proposed the following Question,

Whether as the Necessity is so great it will not be expedient for His Majestys Service and Safety of the province that His Excellency

-------------------- page 764 --------------------
should make such addition of men and Officers as he shall Judge sufficient for the Defence of the Forts?

And the Question being put, It was unanimously agreed that such a Measure, under the present circumstances of affairs is highly Expedient and Necessary

His Excellency further proposed the following Question

Whether it would not have been a measure highly Expedient for his Majestys Service in the Assembly to have complied with His Excellency General Amhersts request for raising one hundred and thirty four men to recruit the Regular Troops

And the Question being put It was unanimously agreed that such a Measure would have been highly expedient

Ordered that James Rutherford be added to the Commission of the Peace and Dedimus for the County of Cumberland and that he take his rank in said Commission and that Walter Gibson be added to the said Commission.

Several Warrants and Patents for Land were Read and Granted as per Warrant and patent Books.

The Honble John Rieusset Esquire Qualified as Collector of Port Roanoke by taking the Oaths of Supremacy and Allegiance subscribed the Test and took the Oath of Office