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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
April 13, 1762 - April 19, 1762
Volume 06, Pages 800-812

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LEGISLATIVE JOURNALS.
[From MSS. Records in Office of Secretary of State.]

North Carolina—ss.

At an Assembly begun and held at Wilmington the Thirteenth day of April, One Thousand seven hundred and sixty two, and in the second year of the Reign of our Sovereign Lord George the third, by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &ca Being the first meeting of this Present Assembly.


Tuesday April 13th 1762

The Clerk of the Crown Sent Certificates of the return of the Writs for Electing Members for the several Counties and Towns within this Province to sit and vote in this Present Assembly as follows, that is to say—

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

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

Craven County—Mr. Thomas Graves, Mr. Thomas Pollock.

Carteret County—Mr. John Backhouse, Mr. Richd Wallace.

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

Hyde County—Mr. George Barrow, Mr. Thomas Smith.

Rowan County—Mr. John Frohock, Mr. John Kerr.

Currituck County—Mr. Caleb Ethridge, Mr. Willis Ethridge, Mr. Joseph White, Mr. Jacob Farabee, Mr. Thomas Dudley.

Pasquotank County—Mr. Thomas Taylor, Mr. John Lowry, Mr. Andrew Miller, Mr. Thomas McKnight Mr. John Burgess.

Perquimons County—Mr. John Harvey, Mr. Benja Harvey, Mr. Wm Skinner, Mr. Frans Brown, Mr. Wm Mackey.

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

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

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

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

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

Cumberland County—Mr. Hector McNeil, Mr. Alexander McCallister.

Bertie County—Mr. Cullen Pollock, Mr. Geo. Pollock, Mr. Robt West.

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Chowan County—Mr. Francis Corbin, Mr. Edward Vail, Mr. Robert Beasley, Mr. John Benbury, Mr. John Vail.

Duplin County—Mr. Joseph Williams, Mr. John Dickson.

Edgecombe County—Mr. William Haywood, Mr. Joseph Howell.

Northampton County—Mr. Anthony Armstead, Mr. Joseph Sykes.

Halifax County—Mr. Blake Baker, Mr. Joseph Montfort.

Tyrrel County—Mr. Jacob Blount, Mr. William Barns, Mr. William Currell, Mr. Joseph Alexander.

Pitt County—Mr. John Hardy, Mr. William Spiers.

Anson County—Mr. William Little, Mr. John Dunn.

Hertford County—Mr. Benjamin Wynns, Mr. William Murfree.

New Bern—Mr. Joseph Leech.

Brunswick—Mr. William Dry.

Edenton—Mr. Samuel Johnston.

Bath Town—Mr. Robert Palmer.

Wilmington—Mr. Cornelius Harnett.

Halifax—Mr. Alexander Elmsley.

Pursuant to which returns the following Members appeared to wit Mr. Sam1 Swann, Mr. John Backhouse, Mr. John Barrow, Mr. Thomas Smith, Mr. Samuel Benton, Mr. Joseph Williams, Mr. Francis Brown, Mr. William Currell, Mr. Thomas Lloyd, Mr. Samuel Johnston, Mr. Thomas Graves, Mr. John Starkey, Mr. Robert Howe, Mr. George Barrow, Mr. Robert Harris, Mr. William Bartram, Mr. George Moore, Mr. John Dickson, Mr. Edward Vail, Mr. John Hinton, Mr. Alexander Elmsley, Mr. Alexander McCallister, Mr. Richard Wallace, Mr. Thomas Respess, Mr. Robert Palmer, Mr. Needham Bryan, Mr. John Ashe, Mr. William Dry, Mr. Andrew Miller, Mr. John Vail, Mr. John Burgess, Mr. Joseph Montfort, Mr. Hector McNeil, Mr. Joseph Leech, Mr. Anthony Armstead, Mr. William Haywood, Mr. William Churton, Mr. Joseph Sykes, Mr. Joseph Howell, Mr. William Whitfield, took the Oaths appointed for their qualification, subscribed the Test, and took their Seats in the house

Mr. Ashe and Mr. Montfort let his Excellency the Governor know that a sufficient number of Members are qualified to make a House for the Dispatch of Public Business; and being returned, acquainted the rest of the Members that his Excellency required their attendance in the Council Chamber

The Members waited on his Excellency the Governor in the Council Chamber, his Excellency then directed them to return to their

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House, and make choice of a Speaker, and present him for his approbation

The Members returned and then Mr. Starkey proposed Samuel Swann Esquire for Speaker; who thereupon was unanimously chosen; Whereupon Mr. Swann returned the Members his Grateful acknowledgements for the Honor done him and acquainted them, that he was apprehensive the ill state of health he was in would often prevent his attending the Service of the House, and that the Public Business would be thereby retarded and intreated the Members to permit him to decline the Honour they intend him, by placing him in the Chair, and consider of some other Member for their Speaker, and at the same time, proposed and recommended, Mr. John Ashe for that Service.

The Members having maturely considered the reasons Mr. Swann has given for declining the Office of Speaker, Unanimously assented to the request, and then with one Voice choose John Ashe Esquire Speaker, who was placed in the Chair accordingly

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber, and Mr. Ashe was presented to His Excellency 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 the House returned, and Mr. Speaker acquainted them that his Excellency the Governor had 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, together with a Letter from General Amherst, dated February 9th 1762

Resolved, that the said Speech and Letter be read to morrow.

Then the House Adjourned till 8 oClock to morrow morning


Wednesday, April 14th 1762—The House met according to Adjournment

The order of the day being read, the Speech and Letter therein mentioned were likewise read, as follows, to wit—

Gentlemen of His Majesty's Council Mr. Speaker and Gentlemen of the Assembly

It is with the greatest pleasure I meet you in a new Assembly at this critical Juncture, when I can and do most Sincerely congratulate you, not only upon the Prospect of a happy continuance of our Glorious Constitution in Church and State by his Majesty's wise and

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prudent care and Union with a Royal Consort Descended from an illustrious House, who have been Zealous Asserters of the Apostolic Protestant Religion, and whose personal accomplishments and Virtues must contribute to his Majestys happiness, and that of his people, but also upon the Manifest Continuance of the favour of Almighty God, in conducting His Majesty's Councils, Armies and Fleets, by the Glorious Conquests and Acquisition of the Island of Martinico, in so short a time, with so little expense of Blood, which will, if properly supported and pursued, secure to Britain the Possession of all the French Settlements in America, by a Permanent and Glorious peace, which must secure our holy Religion, and the future peace, safety, and Possession of this, and all our American Colonies.

To accomplish this great end. his Majesty having been Disappointed of concluding an Honorable peace, by the Insincerity and Chicane of the French, who have prevailed with the King of Spain to declare War against Britain in their favour, is determined to pursue the War against both with the greatest vigour, in order to drive the French from America, this Campaign; and by that means secure to us a safe and honorable peace, for the vast expence of our Blood and Treasure, and for that Purpose I have received Dispatches from Sir Jeffrey Amherst which I shall lay before you, acquainting me that orders have been sent by His Majesty to the Governors of all the Colonies, to raise as many Troops as each can spare, in order to put a speedy end to the American War, and to secure to them a Permanent peace.

Mr. Speaker and Gentlemen of the Assembly

I must therefore recommend to you, in the Warmest manner as you shall answer it to Your constituents and Posterity, that you will with unanimity and dispatch Testify the same Zeal you have hitherto shewn by raising as large a Quota of Troops as this Province can bear upon the Beneficial Terms laid before you, in which you will have regard to the Garrisons on the Sea Coast, upon account of this unexpected Spanish War, that we may assist his Majesty to Finish the War with Honour which has been undertaken at so vast an expence, to defend and promote a lasting peace and future safety, to all his American Colonies; and hope you will consider of raising the supply, in the Easiest Manner without an immediate heavy Tax, or by issuing Notes to depreciate our currency, by a Loan to be raised by subscription, and only Levying a Tax to pay a sutiable

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Interest, to encourage the subscription, until we shall receive what money we have in England, or shall receive hereafter from the Parliament of Great Britain, upon his Majesty's Gracious Recommendation—

Gentlemen of His Majesty's Council, Mr. Speaker and Gentlemen of the Assembly,

I must further recommend it to you, that you will inspect into the Public Accounts, and see that they are passed by proper Vouchers; and that you will consider of continuing and amending such Laws as shall be Necessary to promote Trade and Industry and the Improvement of this Province, by proper Inspecting Laws, and by giving premiums to raise a proper Staple for Exports; and as we have been so negligent in establishing Public Schools to Educate Youth in Christian Principles. I hope, until public Schools can be Erected and Established, that you will enable Vestries to raise a Limitted sum in each Parish Sufficient to pay a parish Clerk and Register, qualified to be a School Master and Reader where Clergymen are so much wanted, to prevent the increase of Sectaries, Idleness and Prophaneness.

As the Superior Court Law Expires this year, I must also Recommend it to you to Continue it for one year longer, until his Majesty's Pleasure be known upon the present Law, otherwise the province will be again in Confusion without Courts of Law. I must again recommend to you Unanimity and Dispatch, and you may depend upon every thing in my power that will Constitute to his Majesty's Service, and the peace, Security and Improvement of this Province.

Then on Motion Resolved that the House Resolve into a Committee of the whole House to morrow morning to take under consideration the said Speech and Letter.

On Motion ordered that Mr. Elmsley, Mr. Leech, Mr. Harris, Mr. Respess, Mr. Montford, Mr. Moore and Mr. Miller be appointed a Committee for stating and settling the Public Accounts of this Province; and Mr. Starkey, Mr. Bartram Mr. Benton, Mr. Barrow, Mr. Howe, Mr. Vail, and Mr. Armistead on the Claims.

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

Gentlemen of His Majesty's Council

This House have appointed Mr. Elmsley, Mr. Leech, Mr. Harris,

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Mr. Respess, Mr. Montfort, Mr. Moore and Mr. Miller a Committee of this House to examine state and settle the Public Accounts of this Province, and Mr. Starkey, Mr. Bartram, Mr. Benton, Mr. Barrow, Mr. Howe, Mr. Vail and Mr. Armstead, on the Claims in Conjunction with such Members of your House as your Honors shall think fit to appoint.

JOHN ASHE Sp
.

Sent by Mr. Leech and Mr. Geo. Barrow.

Mr. Starkey moved that a Committee of Propositions and Grievances be appointed, and Mr. Elmsley, Mr. Moore, Mr. Barrow, Mr. Benton, Mr. Bartram, Mr. McNeil, Mr. Graves, Mr. Smith, Mr. Jno. Vail, Mr. Johnston, Mr. Burgess, Mr. Wallace, Mr. Haywood, Mr. Williams, Mr. Bryan, Mr. Montfort, Mr. Churton, Mr. Palmer, Mr. Starkey, Mr. Currell, Mr. Leech, Mr. Whitfield, Mr. Sykes, Mr. Brown, are accordingly appointed.

Then the House Adjourned till tomorrow morning 9 oClock.


Thursday April 15th 1762. The House met according to Adjournment.

Mr. Cornelius Harnett, the Member for Wilmington, Mr. John Frohock, one of the Members for Rowan County; and Mr. William Little one of the Members for Anson County appeared took the oaths by Law appointed for their Qualification, subscribed the Test, and took their seats in the House. William Herritage Clerk of the Assembly, took the Oaths by Law appointed for his qualification, subscribed the Test, and took his place accordingly.

The order of the day being read, the House Resolved into a Committee of the whole House, and unanimously chose Mr. John Starkey Chairman, and then took under consideration his Excellency the Governors Speech, and the Letter from General Amherst of the 9th February 1762. The same were read.

After some time the Committee came to several Resolutions thereon but not having time to reduce them into form, directed Mr. Chairman to report the same to the House, and desire leave to sit again in the afternoon. Then on motion Mr. Speaker resumed the Chair. Mr. Chairman reported that the Committee had taken under consideration the said Speech and Letter and had come to several resolutions thereon, but not having time to reduce them into form desire leave to sit again in the Afternoon.

Resolved the said Committee sit again in the Afternoon.

Then the House Adjourned till 4 oClock in the Afternoon.

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P.M. The House met according to Adjournment

Pursuant to the order of this morning the House Resolved into a Committee of the whole House, and Mr. Chairman took the Chair, and then acquainted the Committee that he had reduced their Resolve of this morning into form, and read the same. Then the Committee directed Mr. Chairman to report the same to the House

Then on motion Mr. Speaker resumed the Chair Mr. Chairman reported that the Committee had taken under consideration the Governors Speech and Letters to them committed, which he read in his place Resolved that the House agree thereto, and, on motion

Ordered that the same be entered on the Journal of the House, and are as follows—that is to say

Resolved, It is the opinion of your Committee, that this Province being already burthened with a heavy debt, occasioned by several large Grants for his Majestys Service, in support of the Common Cause since the commencement of the Present War with France, and the present impoverished circumstances of the Ihabitants, by reason of the said Grants, render them unable to bear the expence and charge of raising the supplies required by his Excellency in his Speech, other than a sufficient number of men to garrison the Forts on the Sea Coast

Resolved, It is the opinion of your Committee, that Twenty five men may be raised to Garrison Fort Johnston, on Cape Fear River

Resolved, It is the opinion of your Committee that Fifty men be raised to Garrison Fort Granville at Ocacock Inlet

On motion Resolved that Mr. Elmsley, Mr. Swann, Mr. Starkey, Mr. Johnston, and Mr. Montfort prepare an address in answer to his Excellency the Governors Speech

Mr. Powell brought a written Message from his Excellency the Governor as follows, to wit

Mr. Speaker,

Having this day received Lord Egremont's orders from his Majesty referred to in my Speech; as also two Letters from Sir Jeffrey Amherst of the 19th February and 28th March, I herewith send them to you to be Communicated; and as you will see with what Energy his Majesty's orders are Wrote, I doubt not but the House will comply with his Majesty's orders with a becoming zeal and dispatch, in order to procure a lasting peace, and security to them and their Posterity by driving the French and Spaniards entirely out of Florida and the Mississipi

ARTHUR DOBBS
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Ordered that the Letters and orders referred to in the above Message, be read, read the same, Then on motion

Resolved that the said Letters and orders lie for Consideration

Then the House Adjourned till 9 oClock tomorrow morning


Friday April 16th 1762 The House met according to Adjournment

Mr. Hardy and Mr. Spiers the two Members for Pitt County, Mr. Cullen Pollock and Mr. George Pollock two of the Members for Bertie County, and Mr. Thomas Pollock one of the Members for Craven County appeared, took the oaths by Law appointed for their qualifications, subscribed the test, and took their seats in the House

Mr. Leech, Mr. Armstead and several other Members of the House laid before the House Certificates from their several County Courts, therein recommending the several persons within named to be exempt from paying Public Taxes and doing Public Duties, which were read as follows, to wit,

Cornelius Russell of Craven County from paying Public Taxes

Francis Lane of Ditto from paying Taxes

Joseph Lewis of Ditto from Public duties and Taxes

Florence Sex of Ditto from Public duties and Taxes

Joseph Scouls of Northampton County from Public duties and Taxes

James Faison jr of Ditto from Paying Taxes &ca

John Brown of Pitt County from Public Taxes and duties

John Slaughter of Ditto from Public Taxes and duties

Joseph Ozwell of Pasquotank County from Paying Taxes &ca

George Hagood of Orange County from Public Taxes

John Watson of Johnston County from Public duties and Taxes

Edward Janagan of Ditto from Public duties and Taxes

William Pool of Ditto from Public duties and Taxes

John Jill of Bladen County from Public and Parish Levies

Hugh McClain of Cumberland County from Public duties and Taxes

William King of Granville County from Public Taxes

John Pindergrass of Ditto from Public Taxes

Which were Granted

[Also for the following named persons:]

Clifford Buckhannon, Dennis Lindsay, John Curtis, Anthony Buckley, William Davis, John Egerton, Henry Fuller, John Wyatt,

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Thomas Long, John Lillis, Wm Duke, Wm Nichols of Granville County from Public taxes.

It appearing to the House that the last above named Twelve persons are in circumstances sufficient to pay Public Taxes, The House on due consideration thereof—Ordered that their Recommendation be rejected.

Then the House Adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Corbin one of the Members for Chowan County appeared took the Oaths by Law appointed for his qualification subscribed the Test, and took his seat in the House.

Mr. Swann, from the Committee appointed to prepare an address in answer to his Excellency the Governors Speech, presented the same to the House, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, and

On motion ordered the same stand the address of the House, and be entered on the Journal thereof and is as follows, that is to say—

To His Excellency Arthur Dobbs Esquire Captain General, Governor and Commander in Chief, in and over his Majesty's Province of North Carolina—The Address of the Assembly of the said Province

Sir—

We his Majestys most dutiful and loyal Subjects the Members of the Assembly of the province of North Carolina return your Excellency our Sincere thanks for your Speech at the opening of this Session, and beg leave to congratulate your Excellency upon his Majesty's Marriage with a Queen descended from a house who have ever been Zealous Asserters of the Protestant reformed Religion; an event which cannot fail of carrying with it, the happiest consequences to his Majesty and all his people; We have too, the most Grateful sense of the Goodness of Almighty God in continuing to direct his Majesty's Councils and Armies, and look upon the Acquisition of the important Island of Martinico, as of the utmost consequence, and which, as it must sensibly affect the power of our Enemies, cannot but greatly contribute to baffle any future efforts of the French in America, and reduce them to the necessity of soliciting a peace upon his Majesty's own Terms.

Your Excellency has been pleased to recommend to us “As we

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shall answer to our Constituents and Posterity that we shall raise as large a number of Troops as this province can bear.” permit us Sir, to say, that we shall always look upon the interest of our Constituents as our most Indispensible duty and that we have the most tender regard for the Welfare and happiness of our Posterity: from these Considerations Sir, we are obliged to acquaint your Excellency, that we think the raising of Troops at this time, further than for the Defence of our Sea Coast, a Measure no-wise calculated to please the one, or benefit the other, for though we have the greatest Veneration for the best of Kings, and trust this Province has already given the most Convincing Proofs of its attachment to the Honor and Interest of the Crown, in the Prosecution of the present Just and necessary War; yet we are sorry to observe, that at this time, we cannot without reducing the Province to the utmost distress, consent to add to the accumulated and Intolerable Load of Taxes we are already Groaning under; and though this circumstance, singly and of itself, is a sufficient Justification of our declining to comply with Requisition comprised in your Excellency's Speech; yet, with concern we say, if we may form a Judgment of the future from the past, we are but little encouraged to hope, any Supply that may be granted, would much Contribute to the Service of his Majesty or the interest and advantage of the Province

For these reasons Sir, we flatter ourselves your Excellency will concur with us in Opinion, that the raising of Troops under our present Debility, must have a Tendency the most fatal to the Welfare and happiness of the Province, and drive the Inhabitants already impatient of their Sufferings, to the very brink of despair; and We beg leave to assure your Excellency, that from these Motives and these only, it is that we think ourselves unable to answer his Majesty's Expectations as expressed in the Letter laid before us, and we hope and earnestly request, your Excellency will be pleased to think so favourably of us, as not to impute our not complying with your Excellency's request to any other cause whatsoever

We are fully sensible of the necessity at all times, of taking care that the Public Accounts are passed by Proper Vouchers, and Assure your Excellency that nothing shall be wanting in our power to give the utmost satisfaction on that head, and that the regard we have, as well for our own Reputation, as the Interest of our Country, shall always be a Sufficient Guard against our passing any Accounts that may come before us without a proper Inspection

Trade and Commerce Sir, shall always meet with all the Encouragement

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in our power, and we have a due sense of the necessity of Establishing Public Schools and Seminaries of Learning throughout the province

As the Act of Assembly now in force respecting the Superior Court of Justice has been found from Experience to have the most Salutary effect, we rejoice to have it recommended to us by your Excellency to take care for some time, to Continue it, and we look upon it, to be a Law well adpated to the circumstances of our Country, and evidently calculated for the ease and convenience of the people, We presume to hope your Excellency will use your endeavour to procure his Majesty's Gracious approbation thereof, otherwise the province may again be in Confusion without Courts of Law

JOHN ASHE Sp.

Then the House adjourned till 9 oClock tomorrow morning


Saturday April 17th 1762

The House met according to adjournment

Mr. Blake Baker one of the Members for Halifax County, Mr. Richard Caswell one of the Members for Dobbs County, Mr. William Murfree one of the Members for Hertford County appeared, took the Oath by Law appointed for their Qualification, subscribed the test, and took their Seats in the House

Recd from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

In Answer to your Message, relative to the Committees. We have appointed the Honble John Rutherford and Richard Spaight Esquires a Committee of this House to state and settle the Public Accounts; and the Honble Lewis De Rossett, John Sampson, and Henry Eustace McCulloh Esquires a Committee of this House to settle and allow the Public Claims

JAS HASELL, P. C.

On Motion Mr. Johnston and Mr. Cullen Pollock waited on his Excellency the Governor and let him know that the House have prepared an Address in answer to His Excellency's Speech and desired to know when they should wait on him with the same; and being returned acquainted the House, that his Excellency told them he would receive the House at 12 oClock.

Pursuant thereto Mr. Speaker with the House waited on his Excellency

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the Governor and Mr. Speaker presented his Excellency with the Address of the House, The House returned, and Mr. Speaker acquainted them that he had presented the Address of the House to his Excellency the Governor, and that his Excellency was pleased to make an answer thereto; a Copy of which to prevent mistakes, he had obtained, and laid the same before the House.

Ordered the same be read, the same is read, and is as follows, Vizt

Gentlemen

I return you thanks for your hearty congratulations upon his Majesty's happy Marriage and of the success of his Arms.

I am sorry however to find that you do not think it proper to comply with his Majestys Commands to me, to raise a body of Troops for the Public Safety

Neither can I concur with you in opinion, that you groan under a heavy load of Taxes, when you are the least Taxed of any Province in America: as the Public Taxes very little exceed three shilings per Taxable, and a Small duty upon Spirits imported, what County and Parish Taxes you pay, is your own Voluntary Act, and cant be called Public Taxes.

On reading the above answer the House came to several Resolutions, that is to say—

Resolved that it is the opinion of this House, his Excellency has been misinformed with regard to the State of the Public Tax, as it appears to the House, that the same Exclusive of County and Parish Taxes, and the duty on Spirits, doth considerably exceed the sum mentioned in his Excellency's answer to the Address of this House

£
s
d
Resolved, That the Public Tax for the Year 1763 is
6
2
That the Public Tax for 1764 is
5
8
Do 1765 is
6
Do 1766 is
6

And that the Paper Currency already Emitted is Sunk, the Tax laid for that Purpose, will be four shillings per Poll besides the Taxes necessary for making good the deficiency of the several funds for sinking the same, which appears to this House to be very considerable.

Ordered Mr. Baker, Mr. Elmsley, Mr. Swann, Mr. Frohock, Mr. Johnston, Mr. Starkey and Mr. Cullen Pollock prepare and bring in a Bill to continue an Act, Intitled an Act, for Establishing Superior

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Courts of pleas and Grand Sessions, and Regulating the Proceedings therein

Ordered Mr George Pollock, Mr. Harnett, Mr. Corbin, be added to the Committee of Accounts.

Ordered Mr. Baker, Mr. Caswell, Mr. Frohock and Mr. Johnston, be added to the Committee of Claims

Ordered Mr. Murfree, Mr. Frohock, Mr. George Pollock, Mr. Hardy and Mr. Little be added to the Committee of Propositions and Grievances

Then the House adjourned till 9 oClock Monday morning


Monday April 19th 1762

His Excellency was pleased by Proclamation to Prorogue this Assembly untill To-morrow the Twentieth Instant, to be then held at Wilmington