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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 20, 1762 - April 24, 1762
Volume 06, Pages 812-822


North Carolina—ss.

At an Assembly begun and held at Wilmington the Thirteenth Day of April 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 &ca and in the Year of our Lord One Thousand Seven hundred and sixty two, and continued by Prorogation to the Twentieth Day of April, in the second year of the Reign of our said Sovereign Lord George, the third; by the Grace of God, King &ca and in the aforesaid year of our Lord One thousand seven hundred and sixty two; to be then held at Wilmington; being the second Session of this present Assembly.


Tuesday April 20th 1762. Mr. Speaker and Fifty one Members appeared,

Two Members waited on his Excellency the Governor, and let him know that the House is met; who being returned acquainted the House, that his Excellency desired their immediate attendance in the Council Chamber.

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber where his Excellency was pleased to make a Speech to this House; a Copy of which to prevent mistakes, Mr. Speaker acquainted the House, he had obtained, and laid the same before the House, which was ordered to be read, the same was read, and then on motion, ordered to be entered on the Journal of the House. The same is entered, and is as follows; that is to say—

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Mr. Speaker and Gentlemen of the Assembly,

As the Gentlemen of his Majestys Council did with a becoming Zeal propose at the last meeting, to concur with you in every measure that would promote his Majesty's Service, in answering the demands by the Letters laid before them at the opening of this meeting after the shortest prorogation, I shall apply myself only to you.

The Resolutions and address you made, had got so far in denying his Majesty a proper supply, that you could not retract them nor reconsider his Majesty's Commands by Lord Egremont's and Sir Jeffrey Amherst's Letters during that meeting: This made it necessary for me to prorogue the Assembly, that you might have a further opportunity to reconsider them.

Additional to what I laid before you last Meeting, I have now received two Authentic Gazettes from Virginia which I shall lay before you, by which you will find at this great Emergency, and most important Crisis that the General Assembly there have with the Greatest Unanimity, Alacrity and Dispatch complyed with his Majestys demands, of raising a Regiment and Recruits, to make the Regulars Serviceable; and as I find that all the other Provinces willingly Submit to his Majesty's Demands, it must grieve me and every loyal breast in this Province, to find that you only should prove refractory to and not comply with his Majesty's Just Demands, which are so necessary to procure the future peace and safety of this and all the other Colonies and secure the Protestant Apostolic Religion, Liberties and Possessions, not only of these American Colonies, but also of Great Britain and all Europe, by a Permanent Honorable peace.

When you therefore seriously consider the situation of affairs in Europe and America, and that a powerful Enemy is raised against us, the King of Spain, who not only Endeavors to prevent his Majesty's further acquisitions from a deceitful Perfidious Enemy in order to prevent our having a safe and Honorable peace, but also with a view of ravishing from his Majesty all the conquests we have made, and the Laurels and Trophies he has gained by his victorious Arms, conducted by the divine Providence, after Britains expending eighty millions of money to secure and perfect her American Colonies: Your noncompliance at this time, would lessen you in the eyes of all his Subjects, and you would lose the Honor you have already obtained in so zealously assisting his Majesty to the utmost of your Abilities; and should you now fail in Granting a reasonable supply to answer his Majesty's Demands, by retrenching a few Luxuries for one year,

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to obtain a safe and Honorable peace, when half of your annual income would be a cheap purchase to obtain it, would be very surprising.

I must therefore warmly request you, that you preserve the esteem and good opinion his Majesty has of you, that you will forthwith repair to your House, and reconsider the several Letters and papers laid before you and come to an immediate Resolution without loss of time, whether you will comply with his Majesty's Demands in raising a Regiment, and providing for the speedy and effectual raising the quota of Recruits for the Regulars, that you may proceed to Business with unanimity and dispatch; or in case you should refuse, that I may dismiss you, to attend your private affairs, which in that case, you would seem to have more at Heart, than the Public Service, and future peace and safety of these Colonies, and the Preserving the Dominion of the Sea and this American Continent to Britain

Mr. Baker moved that the House Resolve into a Committee of the Whole House, to take under consideration his Excellency the Governors Speech to reconsider the several letters and papers laid before the House, by his Excellency at the last Session.

Resolved that the House resolve into a Committee of the whole House for the purposes aforesaid

The House Resolved into a Committee of the whole House accordingly, and unanimously chose Mr. John Starkey Chairman; who took the Chair.

Ordered that the said Speech and Letters be read, the same were read. and then the Committee came to a Resolution thereon, but not having time to reduce it into form, directed Mr. Chairman to acquaint the House, that the Committee desire leave to sit again To morrow, not having time to reduce the said Resolve into Form. Then on motion Mr. Speaker resumed the Chair

Mr. Chairman reported that the Committee had taken under Consideration his Excellency the Governors Speech and Papers mentioned therein, and Reconsidered the several Letters laid before the House, by his Excellency last Session and came to a resolution thereon; and that the Committee, not having time to reduce the same into form desire leave to sit again Tomorrow morning

Resolved that the Committee sit again tomorrow morning

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Baker moved for leave to bring in a Bill for continuing an

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Act Intitled an Act directing the Method of providing indifferent Jurymen in all Causes Criminal and Civil

Ordered that he have leave accordingly

Mr. Baker 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. Baker moved for leave to bring in a Bill for continuing an Act for Establishing Superior Courts of Pleas and Grand Sessions, and regulating the Proceedings therein

Ordered that he have leave accordingly

Mr. Baker 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 above two Bills to the Council by Mr. Johnston and Mr. Caswell

Mr. Harris presented the Petition of sundry of the Inhabitants of Granville County which on motion was read; setting forth that Granville County is divided into two Parishes: praying an Act may pass for Dividing the said County according to the Directions of an Act of Assembly passed at Wilmington, for amending an Act, Intitled an Act, for dividing the Parish of Saint John's in Granville County

Mr. Harris moved for leave to present a Bill pursuant to the Prayer of the said Petition

Ordered that he have leave Accordingly

Mr. Harris 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. Palmer presented a Petition of Sundry of the Inhabitants of Edgcomb County setting forth that the place appointed for Building a Court House, Prison and Stocks &ca at Redmans old Field on Tyancoco, is an obscure place, and greatly inconvenient for the Inhabitants to meet, and Transact the public Business of the said County, Praying an Act may pass to direct the Buildings aforementioned at Tarborough, Mr. Palmer moved for leave to present a Bill pursuant to the Prayer of the said Petition

Ordered that he have leave accordingly.

Mr. Miller [sic] 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. Harnett from the Committee appointed the last Session of

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Assembly to view the Mouth of Rockfish Creek and Cross Creek, or other place on the Northwest River in Cape Fear, for erecting a Town at, Reported that the said Committee in Compliance to the order of the House, had viewed the Mouth of Rockfish upon the North West River of Cape Fear, and a place called Cross Creek, and several other places upon the said River, and are of opinion that the Mouth of Rockfish Creek is not a fit place for Erecting a Town at, the Landing being very steep and difficult, and the Road to it, from the Back Country not fit for Carriages, unless a Bridge could be built over the said Creek, near a mile above, which must be attended with great Expence.

Your Committee are also of opinion, that Cross Creek is not a convenient place for Building a Town, it being above a mile and a quarter from the River which would render the carriage of heavy Goods very expensive to the Merchant, and of course must fall upon Purchasers

Upon the whole your Committee are of opinion that a Tract of Land belonging to the heirs of John and William Russel deceased, is the most Convenient place for erecting a Town at, for the purposes intended by the Assembly; and your Committee would humbly Propose, that the Centre Streets of the said Town be at the place where Goods are Generally landed in order to be carried to Cross Creek. The reason which has induced your Committee to fix upon Russells Land, are as follows, Vizt

The several Roads from the Back Country all join together within about a mile and a quarter of this place, and by fixing the Town upon the River, it saves the Expence of Land Carriage of Goods, which your Committee Humbly Conceives should always be avoided as much as possible; another Convenience attending the Town's being at this place is, that by keeping a ferry in the Town, and making Roads to Orange, Duplin, and Cumberland Counties, would be very Beneficial to many of the Inhabitants of those Counties, for the Convenience of bringing their Produce to a Market; which reasons are humbly submitted to the Assembly

WILLIAM DRY
CORNELIUS HARNETT
HECTOR McNEILL
WILLIAM BARTRAM
JOHN SAMPSON
WILLIAM HOUSTON

Then the House Adjourned till tomorrow morning 9 oClock

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Wednesday April 21st 1762 The House met according to Adjournment

On motion ordered that Committees for stating and settling the Public Accounts of this Province and for settling and allowing Public Claims, be appointed; and Mr. Elmsley, Mr. Leech, Mr. Harris, Mr. Respess, Mr. Montfort, Mr. Moore, Mr. Miller, Mr. George Pollock, Mr. Harnett and Mr. Corbin are appointed on the Accounts: And Mr. Starkey, Mr. Bartram, Mr. Benton, Mr. Barrow, Mr. Howe, Mr. Vail, Mr. Armistead, Mr. Baker, Mr. Frohock, Mr. Caswell, and Mr. Johnston are appointed on the Claims accordingly

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

Gentlemen of His Majesty's Honble Council,

This House have appointed Mr. Elmsley, Mr. Leech, Mr. Harris, Mr. Respess, Mr. Montfort, Mr. Moore, Mr. Miller, Mr. Geo Pollock, Mr. Harnett, and Mr. Corbin a Committee of this House, to state and settle the Public accounts of this Province: And Mr. Starkey, Mr. Bartram, Mr. Benton, Mr. Barrow, Mr. Howe, Mr. Vail, Mr. Armistead, Mr. Baker, Mr. Caswell, Mr. Frohock and Mr. Johnston on the Claims in Conjunction with such of your Honors as you shall think proper to appoint on the Service

JOHN ASHE Sp

Sent by Mr. Frohock and Mr. Thomas Pollock

Mr. Starkey moved that a Committee of Propositions and Grievances be appointed; and Mr. Elmsley, Mr. Moore, Mr. Barrow, Mr. Benton, Mr. Bartram, Mr. McNeill, Mr. Graves, Mr. Smith, Mr. John 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, Mr. Murphree, Mr. Frohock, Mr. George Pollock, Mr. Hardy, and Mr. Little are accordingly appointed

Mr. Benton moved for leave to present a Bill to prevent Excessive and Deceitful Gaming

Ordered that he have leave accordingly

Mr. Benton 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. Benton and Mr. Respess.

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The order of the Day being read, on motion Resolved, That the Committee sit.

The Committee sat, and Mr. Chairman reported. that, Pursuant to the direction of the Committee, he had reduced the Resolution thereof into form; which was read, and Mr. Chairman directed to report the same to the House.

Then on motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had reduced their Resolution of Yesterday into form, and presented the same to the House, which was read, as follows, to wit.

Resolved, that it is the opinion of your Committee, on maturely considering his Excellency's Speech, and Papers mentioned therein, and also considering the several Letters, his Excellency laid before the House at the opening of their last Session, this Province being already Burthened with a heavy debt occasioned by several large Grants for his Majesty's Service in Support of the Common Cause since the Commencement of the War with France, and the Present impoverished circumstances of the Inhabitants 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.

Then a motion was made, and the question put, that the House do agree to the Resolution of the Committee, and was carried in the affirmative.

Mr. Baker presented a Certificate from the County Court of Halifax recommending James Evans to be exempt from Paying Public Taxes, and doing Public duties—Granted.

Mr. Howell presented a Certificate from the County Court of Edgcomb recommending Simon Daniel, Jacob Jones and Robert Head to be exempt from paying Public Taxes, and Performing Public duties—Granted.

Mr. Howell presented a Certificate from the County Court of Edgcombe, recommending William Braswell to be exempt from paying Public taxes and doing Public duties—Granted.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to adjournment

Mr. Baker moved for leave to present a Bill for the more easy recovery of Money due upon Promisory Notes, and to render such Notes negotiable.

Ordered that he have leave accordingly.

Mr. Baker 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

Mr. Frohock moved for leave to bring in a Bill for altering the time of holding the Inferior Courts of pleas and quarter Sessions in the County of Anson.

Ordered, that he have leave accordingly.

Mr. Frohock 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 above two Bills to the Council by Mr. Frohock and Mr. Baker

Mr. Caswell presented a Certificate from the County Court of Dobbs recommending George Graham to be exempt from paying Public Taxes, and doing Public duties. Granted

Mr. Miller moved that the House direct the Committee of Correspondance to lay before them copies of the letters and Dispatches (if any) sent to England by the said Committee to Mr. Jouvencal, the Agent of this Province; as also his Answer (if any) thereto.

Resolved that Mr. Speaker give the said Committee Notice that they lay the said Letters &ca before the House on Friday next

Received 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 Honorable John Rutherford and Richard Spaight Esquires a Committee of this House to state and settle the Public Accounts: and the Honable Lewis De Rossett, John Sampson and Henry Eustace McCulloh, Esquires a Committee of this House to settle and allow Public Claims

JAMES HASELL P. C.

Received from the Council the Bill to divide the County of Granville; and other purposes therein mentioned

The Bill to prevent Excessive and deceitful Gaming

The Bill for Continuing an Act, Intitled an Act, directing the Method of appointing indifferent Jurymen in all Causes Criminal and Civil

The Bill for continuing an Act, Intitled, an Act, for Establishing Superior Courts of pleas and Grand Sessions, and regulating the

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Proceedings therein Endorsed April 21st 1762 In the upper House read the first time and passed

Then the House adjourned till 9 oClock Tomorrow morning


Thursday, April 22d 1762 The House met according to Adjournment

On motion ordered that the Bill for continuing an Act, Intitled an Act for Establishing Superior Courts and Grand Sessions, and for regulating the Proceedings therein, be read the second time Read the same a second time, and then a motion was made that the said Bill do not pass, the question was thereon put, and Resolved, that the said Bill do not pass

On motion, ordered, that the Bill for continuing an Act, Intitled an Act, to prevent Excessive and deceitful Gaming, be read the second time, the same is read a second time, and a motion made, that the said Bill do not pass

The question was thereon put, and Resolved, that the said Bill lie on the Table

On motion ordered that the Bill for Continuing an Act, Intitled an Act, directing the Method of appointing Jurymen in all Causes Criminal and Civil, be read a Second time Read the same a second time, then on motion Resolved the said Bill do not pass

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Williams moved for leave to present a Bill to appoint Commissioners for running the Boundary lines between New Hanover and Duplin Counties, in the room and stead of those heretofore appointed by Law for that purpose

Ordered that he have leave accordingly

Mr. Williams presented the above mentioned Bill, which he read in his place, and delivered in at the Table where the same was again read, passed and Ordered to be sent to the Council

Sent by Mr. Williams and Mr. Dickson

Mr. Harnett moved for leave to bring in a Bill for Establishing a Town on the Lands of John and William Russell minors, sons of John Russell deceased, on the West side of the North west Branch of Cape Fear River, near the mouth of Cross Creek on the dividing line betwixt the Counties of Bladen and Cumberland

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

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Mr. Harnett 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. Bartram and Mr. McAlister

Then the House Adjourned till 9 oClock Tomorrow morning


Friday, April 23d 1762 The House met according to Adjournment.

Mr. Palmer pursuant to order, presented a Bill for ascertaining a place for Building a Court House prison and stocks, for the County of Edgcomb, 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. Frohock and Mr. Haywood

Mr Frohock moved for leave to present a Bill for altering the method of working on the Roads, and appointing public Ferries in the Counties of Rowan and Anson

Ordered that he have leave accordingly

Mr. Frohock 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. Frohock and Mr. Haywood

Mr. Corbin from the Committee of Correspondance, laid before the House Copies of several Letters sent by the Committee of Correspondance to Couchet Jouvencal Esqr Agent to this Province: and also Several Letters and papers from the said Agent, to the said Committee; which are ordered to be read.

The same are read;

Then on Motion, Ordered that the said Copies of the said Letters and papers, lie on the Table for Consideration

Then the House adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

The House having Considered the Copies of the Letters sent by the Committee of Correspondance to the Agent of this Province, residing in England; and also the said Agent's Letters to the said Committee in Answer thereto.

Resolved that the said Committee hath faithfully discharged the trust reposed in them by the House, in the Course of their Correspondence with the said Agent.

Then the House adjourned till 9 oClock Tomorrow Morning

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Saturday April 24th 1762.

His Excellency was Pleased by Proclamation, last Evening, to Prorogue the Assembly unto this day; to be then held at Wilmington