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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
November 03, 1762 - December 11, 1762
Volume 06, Pages 838-892

-------------------- page 838 --------------------
[B. P. R. O. North Carolina. B. T. Vol. 33.]


In the Upper House [3rd November 1762]
Present.
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

John Burgwin produced His Excellency the Governors Commission bearing date the fourth day of June last appointing him the said John Burgwin Clerk of the Upper House of Assembly of the said Province which was read and delivered in at the Table, And the said John Burgwin accordingly took the several Oaths by Law prescribed for the Qualification of Public Officers & Subscribed the Test

Then His Excellency the Governor came to this House and commanded the Attendance of the lower House of Assembly who Accordingly Attended when His Excellency was pleased to deliver to both Houses the following Speech, to wit,

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

It is with the greatest pleasure that I met you here in a New Assembly to consider of the arduous affairs I have to lay before you Relative to your Interior Government and future Welfare, and at the same time to Congratulate you upon the surprizing and glorious success which has attended his Majesty's Arms and the Common Cause as well in Europe as America during this present Campaign particularly of the rapid Conquest of Martinico, the Head and Bulwork of the French Islands in America together with all the Nutral Islands and the Granadas and more particularly of the Glorious Conquest of Havanna and its Government in Cuba deemed impregnable by our enemies, neither Sickness nor Death being able to abate the Courage and ardour of our Troops and Seamen a Conquest which has made his Majesty Master of all the Trade and power along the Northern Coast of Spanish America and must be a means of securing to us a Speedy and Honourable Peace. This is such a Manifestation of Divine Providence in favour of the Protestant Apostolick Religion and cause of Liberty that requires a due return of thanks and praize

The Principle cause of calling you together is to inform you that there is no less than eight of your Acts of Assembly disapproved

-------------------- page 839 --------------------
of, of which I lately received the Duplicates the Original having miscarried, and that I propose immediately to give Order to primulge the repeal by Proclamation this day in full Assembly, that all your Constituents may be informed of it. And shall lay before you the reasons which Induced His Majesty to disapprove most of them by which you will find you can gain no benefit by Opposeing his Majestys Just prerogative or disputing His Instructions, as also the Severe reprimand I have had from His Majesty for departing from my Instructions tho only by consenting to a Law for two Years so that for the future if there should be the least Clause incerted in a Bill contrary to His Majestys Instruction I shall reject it should the Bill be ever so necessary your Committee of Correspondence have also received the resolutions of the Board of Trade to lay before you about several of your pretentions

I must therefore recomend to your immediate Consideration the Considering and amending the Laws relateing to your Courts of Justice and the Bills for fixing an Orthodox Clergy and Establishing of Vestries. There are other Bills which I formerly recommended to Provide Schools for the education of your Youths and for adding and amending your Inspection Laws and giving a premium to encourage the raising and exporting of Hemp and Flax which will encourage and procure a valuable Staple of Exports.

Mr. Speaker and Gentlemen of the Assembly Having had no Instructions from His Majesty to require an aid for the Public Service I shall only recommend to you the raising a Tax to answer Contingencies and Pay the Debt already incurred upon that Account and to raise a fund sufficient to maintain Garrisons in the Forts you have Erected for the Security of your Commerce and safety of His Majestys Stores till the end of the Warr.

Gentlemen of His Majestys Council Mr. Speaker & Gentlemen of the Assembly When the several repeals and other papers are laid before you you must be sensible of the prejudice this Colony must suffer by the Assembly Encroaching upon his Majestys Just Prerogatives and disobeying or not complying with His Instructions that it only serve to break the happy Union between His Majesty and His Subjects.

Notwithstanding the many calumnies cast upon me for endeavoring to preserve His Majesty's Prerogative and Obey his Instruction I shall always endeavour to concur with you in Enacting such Laws as may promote religion and Industry and promote your Commerce

-------------------- page 840 --------------------
and secure your Peace and Possession at Home Provided the Bills you desire are agreable to His Majesty's Instructions

The House having taken into consideration His Excellencys Speech, Ordered it to be read, the same was read accordingly. And the Honble John Rutherford and Richard Spaight Esqrs were appointed a Committee to draw up an Address in Answer to His Excellencys Speech.

Then the House adjourned till 10 oClock to morrow morning.


Thursday morning November 4th 1762. The House met according to Adjournment
Present.
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 and
The Honble Alexandr McCulloch Esqr

Then the House adjourned untill to morrow morng 10 oClock


Friday morning November 5th 1762 The House met according to Adjournment

Present as above

The Committee appointed by this House to draw up an Address in Answer to His Excellency the Governors Speech reported that they had prepared the same which was ordered to be read.

The same was read and approved of and Resolved that it stand the address of this House, and be entered on the Journal thereof, as follows, to wit,

May it please your Excellency

We His Majestys most dutiful and Loyal subjects the members of His Majestys Council return you our Sincere and hearty thanks for your Speech at the Opening of this Session.

We beg leave to congratulate your Excellency upon the Rapid and remarkable conquests of His Majestys Arms in Europe and America in which the hand of Providence has been so Visibly Exerted in our favour, and from which events we have the agreeable prospects of a speedy Hon'ble and lasting Peace.

Your Excellency having laid before us the reason which Induced his Majesty to repeal several of our Laws particularly those relative to our Courts of Judicature gives us great Satisfaction, as we are thereby enabled to Judge of such Bills as will be agreable to His

-------------------- page 841 --------------------
Majesty and productive of the Internal Welfare and benefit of this Colony.

Your Excellencys warm recomendation of Laws for the proper Encouragement of Schools for the Education of the rising generation in the Principles of Religion and Virtue and for raising of comodities for the Extention and Improvement of our Comerce Merits our most grateful Acknowledgment as the Necessity of our having such Laws are but too Obvious and will [be] highly conducive of the Happiness and Interest of this Province and your Excellency may be assured we shall heartily concur with the other House in passing such Bills as may Secure to us those desirable ends.

We are truly sorry that any Calumnies should have been cast upon your Excellcy. But as we are conscious that not anything of that kind has been done by this House We flatter ourselves that your Excellency did not intend to impute the misrepresentations of other People to us, as we have always used our utmost Endeavours to render your Administration as easy and happy as in our power.

Then the House adjourned till 10 oClock to morrow morning


Saturday morning November 6th 1762. The House met according to adjournment
Present.
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 and
The Honble Alexd McCulloch Esqr

Reced from the Assembly p Mr. Williams & Mr. McLewean the follg message, to wit,

Gentlemen of His Majestys Honble Council

This House have appointed Mr. Elmsley Mr. Leech Mr. Corbin Mr. Maurice Moore, Mr. John Harvey and Mr. Charles Blount a Committee of this House to Examine state and settle the Public Accounts of this Province. And Mr. Starkey Mr. John Barrow Mr. Armistead Mr. Smithwick Mr. Lillington and Mr. Cullen Pollock on the Claims in conjunction with such of your Honrs as you shall think proper to appoint

JNo ASHE Speaker

By order
4th Novr 1762
Wm Herritage Clk.
-------------------- page 842 --------------------

Then the House waited on His Excellency and by the Honble James Hasell Esqre presented him with their address to which His Excellency was pleased to make the following Answer, to wit,

Gentlemen

I return you my sincere thanks for your congratulations upon the rapid success of His Majesty's Arms under the Protection of Divine Providence and your Assurance of concurring in Enacting such Laws as will be agreable to His Majestys Instructions and for the benefit and Improvement of this Colony is very agreable to me.

It was not my Intention to impute any calumnies cast upon me to the members of your House; and I Return you my sincere thanks for your having endeavoured to support me in protecting His Majestys Just rights and prerogative and promoting the Improvement and Interest of this Colony.

On Motion Ordered that the following Message be sent to the Assembly, to wit.

Mr. Speaker & Gentlemen of the Assembly

In answer to your Message relative to the Committee, We have Appointed the Honble John Rutherford Richard Spaight and Alexander McCulloch Esqrs a Committee of this House to Examine State and Settle the Public Accounts and the Honble James De Rossett Esqr John Sampson Esqr a Committee of this House to settle and allow the Public Claims.


By Order
November 6th 1762
JNo BURGWIN Clk.

Then the House Adjourned till 4 oClock this afternoon and met according to Adjournment

Present as before.

Then adjourned till 10 oClock on Monday morning


Monday morning November 8th 1762. The House met according to adjournment.

Present as before

Then the House adjourned till 10 oClock to morrow morning.


Tuesday morning Nov. 9th 1762. The House met according to adjournment.
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Present as above.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday morning November 10th 1762. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloch Esqr &
The Honble Alexander McCulloch Esqr

Then the Honse adjourned till 10 oClock tomorrow morning.


Thursday morning November 11th 1762. The House met according to adjournment.

Present as before

Reced from the assembly by Mr. Johnston & Mr. Baker a Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the proceedings therein.

Received from the assembly by Mr. Cumming and Mr. Hutchins A Bill for making Provision for an Orthodox Clergy, which on motion was read the first time & passed.

Then the House adjourned till 10 oClock to morrow morning.


Friday morning November 12th 1762. The House met according to adjournment.
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr
The Honble John Sampson Esqr
The Honble H. Eustace McCulloch Esqr and
The Honble Alexander McCulloch Esqr

On motion ordered that the Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the Proceeding therein, be read; read the same the first time and passed.

Reced from the Assembly by Mr. Smith and Mr. Taylor the following Bills, to wit,

A Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

A Bill directing the method of appointing Jurymen in all Causes Criminal and Civil.

A Bill for the better care of Orphans and Security and management of their Estates

The Honble Lewis De Rossett Esqre moved for leave to present a

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Bill for Ascertaining the Bounds of the several Counties within His Majestys District

Ordered that he have leave accordingly.

Mr. De Rossett 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 lower House of Assembly, and was sent accordingly

On motion Ordered that the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province be read, read the same the first time and passed and sent to the Assembly

Reced from the Assembly by Mr. Baker and Mr. Lillington the following Bills, to wit,

A Bill to amend and Continue an Act Intituled An Act to regulate the Inspection of Pork, Beef, Rice, Flower, Butter, Indigo, Tarr, Pitch, Turpentine, Staves, Heading, Shingle Lumber and Deer Skins,

On motion read the first time amended and passed.

A Bill for the more easy recovery of Money due upon Promissory Notes and to render such Notes Negotiable

On motion read the first time and passed

On motion, Ordered that the Bill for the better care of Orphans and Security and management of their Estates, be read, read the same the first time & passed

Then the House adjourned till 3 oClock.

And met according to adjournment

Present as before

On motion Ordered, that the Bill directing the Method for appointing Jurymen in all Causes Criminal and Civil be read; read the same the first time and passed.

Then the House adjourned till tomorrow morng 10 oClock


Saturday morning November 13th 1762 The House met according to adjournment

Present as before

The Honble Henry Eustace McCulloch Esqr moved for leave to prepare a Bill for appointing Alexander Purdie Printer to this Province.

Ordered that he have leave to prepare the same accordingly

Then the House adjourned till Monday morning 10 oClock

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Monday morning November 15th 1762. The house met according to adjournment

Present as before

Reced from the Assembly by Mr. Pollock and Mr. Harnett the following Bills, to wit,

The Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the proceedings therein

A Bill for altering the method of working on the Roads and appointing Public Ferrys within the county of Duplin

On motion read the first time and passed

A Bill to ascertain the Bounds of the several Counties within his Majestys Districts

On motion read the second time amended and passed.

Then the House Adjourned till 10 oClock tomorrow morning


Tuesday morning November 16th 1762. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr
The Honble John Sampson Esqr
The Honble H E McCulloch Esqr
The Honble Alexd McCulloch Esqr

Mr. Henry E McCulloch Acquainted the House that he had prepared the Bill for appointing Alexander Purdie Printer to this Province which he had ready to present and read it in his place and delivered the same in at the Table where it was again read by the Clerk passed and ordered to be sent to the lower House

On motion, Ordered that the Bill for Establishing Superior Courts of Pleas and Grand Sessions, be read; read the same the second time amended and passed.

Reced from the Assembly by Mr. Howell and Mr. Currell a Bill for Ascertaining a proper place for Building thereat a [Court] House Prison Pilory and Stocks in Edgecombe County

On motion read the first time and passed

Received from the Assembly by Mr. Barrow & Mr. Hardy the following Bills, to wit,

A Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province

A Bill for Establishing Vestries and other purposes

Then the House adjourned till 4 oClock in the afternoon

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Tuesday afternoon The House met according to Adjournment
Present
The Honble Richard Spaight Esqr
The Honble Henry E. McCulloch Esqr

Then the House Adjourned till 9 oClock to morrow morning


Wednesday morning Nov 17th 1762 The House met according to Adjournment
Present
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 E. McCulloch Esqr
The Honble Alexd McCulloch Esqr

Received from the assembly the following Bills by Mr. Armond & Mr. Caswell, to wit,

A Bill directing the method of Appointing Jurymen in all causes Criminal and Civil

A Bill for the better care of Orphans and security and management of their Estates

A Bill to impower and Direct the Commrs of the Districts hereafter mentioned to lay out and make a Road thro Rigans Swamp in Bladen County to the Court House in the said County

On motion read the first time and passed.

Received from the Assembly by Mr. Hutchins and Mr. Sawyer

A Bill for dividing the County of Anson and other purposes, which

On motion was read the first time and passed

Reced from the Assembly by Mr. Frohock and Mr. Kennon the following Bills to wit.

A Bill for altering the method of working on the Roads and appointing Public Services within the Counties of Duplin, Cumberland, Rowan & Anson, which

On motion was Read the second time and passed

A Bill for enlarging the time allowed for saving Lotts in the Town of Hertford and for other purposes, which

On motion was Read the first time and passed.

On motion Ordered that the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province be read, read the same the second time amended and passed.

Received from the Assembly by Mr. Moore and Mr. Harnett a Bill for Erecting that part of New Hanover County Called St Philips

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Parish and the lower part of Bladen County into a separate County by the name of which

On motion was Read the first time and passed

Then the House adjourned till 10 oClock to morrow morning


Thursday morning November 18th 1762. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry E. McCulloch Esqr
The Honble Alex McCulloch Esqr

Received from the Assembly the following Bills per Mr. Lloyd & Mr. Harris, to wit,

A Bill to amend and continue an Act Intitled an Act to regulate the Inspection of Beef, Pork &c

A Bill for making Provision for an Orthodox Clergy On motion Ordered that the said Bill be read, read the same the second time and ordered to lie for Consideration

A Bill for Dividing the County of Granville & other purposes.

On motion read the first time and passed

Received from the Assembly per Mr. Taylor and Mr. Sawyer A Bill to amend and Continne an Act Intituled An Act to Establish a Ferry from Solleys Point to Relfe Point whereon the Court House now stands on Pasquotank River

On motion, the Bill for Establishing Vestries and other purposes was read and passed the first time

On motion Ordered that the Bill for the better care of Orphans and security and management of their Estates be read, Read the same the second time

Then the House adjourned till 10 oClock tomorrow morning


Fryday morning 19th November 1762 The House met according to Adjournment
Present
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 E McCulloch Esqr
The Honble Alexd McCulloch Esqr

Recd from the Assembly by Mr. Harnett Mr. Fanning Mr. Baker Mr. Harvey Mr. Loyd and Mr. Pollock The Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the Proceedings

-------------------- page 848 --------------------
therein. On motion the said Bill was read the third time, And

Ordered that a Message be sent to the lower House relative to the Amendment made by this House on the second reading and by them Dele'd on their third reading And that the Honble Lewis De Rossett and Henry Eustace McCulloch Esqrs be appointed to prepare the said message

Reced from the Assembly by Mr. Caswell and Mr. Blount a Bill for further Continueing the Act Intituled an Act for appointing James Davis printer to the Province

The Honble Lewis De Rossett and Henry E McCulloch Esqrs Reported that in Obedience to the Order of this House they had prepared a message to the lower House on the Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the proceedings therein which was read and approved of, and ordered to be Engrossed and sent to the Assembly, being entered on the Journals as follows, to wit,

Mr. Speaker & Gentlemen of the Assembly

On Reading the third time the Bill for Establishing Superior Courts of Pleas and Grand Sessions and regulating the Proceedings therein We observed that you have dele'd the greatest part of the Amendments made by us on our Second reading And reinstated several Clauses which we then struck out: We wod therefore propose as the expedient for carrying the desirable end of a proper Administration of Justice into Execution, that you would agree to the following amendments vizt

That two Associates Men of Capacity and well Skilled in the Law shod be appointed with proper salaries in the manner proposed by us, and that the several Clauses relative thereto dele'd by you on your third reading should be reinstated

That the several Clauses appointing an Associate for Salisbury reinstated on your third reading should be dele'd

That that part of the Clause appointing the Court of Oyer and Terminer, dele'd by you shod stand as we sent it

And as it may be expected that we should lay before you some of the many reasons that Influenced us to propose these Amendments, We Observe

That as to the Courts of Oyer and Terminer Tho' His Majesty by His prerogative may appoint such Courts, yet as it may be made a doubt whether such Courts so appointed can compell the Attendance

-------------------- page 849 --------------------
of Jurors, that part of the Clause inserted by us, is really necessary: And with respect to the latitude given as to the Commissioners to be Appointed We apprehend that it is an Undoubted inherent right in the Crown And has never yet been found productive of any bad effects to the subject

That the appointment of the Associates for Salisbury as it now stands is liable to many and palpable Objections Arising from the Inadequate Provision made for the Office And the new Liberty which is Granted to him of Acting as Judge in our district and in others as an Attorney

That the wide and extended Situation of this County furnishes us with many reasons to conclude that great delay Inconvenience and Mischief may arise to suitors from the great Improbability there is of the Chief Justice being able to give a regular and proper Attendance at the several Courts appointed Setting aside Accident that may happen to him, And we must further mention That we find our reasons on this head consonant to the opinions of the Lords of Trade

That we are of opinion that the Bill as it now stands cannot be productive of those happy ends which every man that has the good of his Country at heart or property in it to preserve would wish, as it seems to us to carry such a force of opposition to the Royal Instructions And the reasons assigned by the Lords of Trade for the repeal of the former Acts that we cannot flatter ourselves with its receiving those sanctions which are necessary to its being enacted into a Law.

That the Bill being Temporary the amendments proposed by us are to be considered as the only probable Expedient to guard against those mischiefs that flow from a want of due administration of Justice; As we are far from desiring that the Bill if Passed shod hereafter be made use of as a precedent or urged against the right of the Legislature to form a Constitutional System differing from it.

And we further Observe that we apprehend ourselves as nearly concerned in the blessings of Liberty and property as any other Inhabitants of this Province And shall ever with cheerfulness concur with you in every measure that to us shall appear conducive to the securing of those most invalueable blessings; And as we conceive that you are all Actuated by the same motives we hope you will agree to our proposed Amendments, and send such of your Members as you may think proper to see them made—That so the Bill may be

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passed and the country freed from those Evils that now seem to threaten it.


By order
Novber 19th 1762.
JNo BURGWIN Clk.

Received from the Assembly by Mr. Harnett & Mr. Leech,

A Bill confirming the Charter of the Borough of Wilmington and other purposes.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday morning November 20th 1762. The House met according to adjournment.

Present as before.

On motion the Bill for Confirming the Charter of the Borough of Wilmington and other purposes was read the first time and passed.

Received from the Assembly by Mr. Bartram & Mr. Jones the following Bills, to wit,

A Bill for Establishing Vestries and other purposes,

A Bill for Destroying Squirrels, Crows and Black Birds in that part of New Hanover County called New Topsail sound,

A Bill to apply to money already Levied on the Taxable Inhabitants of Currituck County by Virtue of an Act Intituled an Act for the Amendment of the Navigation of Currituck Inlet.

Then the House adjourned till 4 oClock this afternoon.

Saturday afternoon. The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr. Pollock & Mr. Harvey the following Message, to wit,

Gentlemen of His Majesty's Honble Council,

In answer to your Message of yesterday evening, We are sorry to find that the Bill for Establishing Superior Courts of Pleas and Grand Sessions within this Province, as passed by us on its third reading has not met with your approbation.

We had before and have again duly considered the several clauses by you proposed to be altered but in Justice to our Country ourselves and Posterity We do not think ourselves at Liberty to concur with you in every of your amendments.

We are truly sensible of the advantages of having Associate Judges And should rejoice to have them on such a footing as might in all

-------------------- page 851 --------------------
probability Answer the purpose of their Appointment, the secureing the Lives Liberty and Property of the People but in our Opinion it is better to submit to the Inconveniences you mention than run the risque of having Judges Obtruded on us who perhaps may be utter Strangers to our Laws and must upon your plan hold their appointments on the precarious footing of the pleasure of a Commander in Chief and we know not whom His Majesty may think proper to set over us in that character, We cannot therefore agree that the several Clauses relative to the Associate Judges dele'd by us on our third reading should be reinstated As to that part of the Bill respecting Courts of Oyer and Terminer We cannot agree that the same should stand as inserted by you, but will consent that the Governor or Commander in Chief for the time being shall be impowered to Issue a Commission of Oyer and Terminer directed to the Chief Justice or the Associate Judge of the Salisbury District within his District; as the case may be, and that the Clause relating to Jurors on such Commissions should stand as by you inserted, And we do not Know the same was dele'd by us on our third reading

To avoid Anarchy and Confusion which must necessarily follow the want of Courts of Law, We will agree that the salary of the Associate Judge by us intended for the Salisbury District be increased from Fifty to Seventy five pounds for each Court he shall hold, And we do not conceive there is any inconsistency in allowing the Judge of one Court to practice the Law in another As this is common in our Mother Country.

We therefore hope you will agree to the Bill with the alterations above mentioned only, and signifye the same to this House in which case we shall send some of our Members to see them made accordingly

JOHN ASHE Spr

By Order
20th November 1762
Wm Herritage Clk.

On motion the foregoing Message was read, and ordered to lie for Consideration

Then the House adjourned till Monday morning 10 oClock


Monday morning 22nd November 1762 The House met according to adjournment

Present as before

Received from the Assembly by Mr. Kenan and Mr. Bartram the following Bills, to wit,

-------------------- page 852 --------------------

A Bill to Impower and Direct the Comrs of the Districts hereafter mentioned to lay out and make a Road thro' Rigan Swamp in Bladen County to the Court House in the said County

A Bill to Ascertain the Bounds of the several Counties within his Majestys District

A bill for altering the method of working on the Roads and appointing Public Ferries within the Counties of Duplin Cumberland, Rowan, and Anson

A Bill for enlarging the time allowed for saving Lotts in the Town of Hertford and for other purposes

Received from the Assembly by Mr. Skinner and Mr. Harvey A Bill to amend and further Continue an Act Intituled an Act to Establish a Public Ferry from Newbys Point to Phelps Point whereon the Court House now stands on Perquimons River.

Received by Mr. Armistead and Mr. McAlister from the Assembly A Bill to prevent Abuses in Strays

Received from the Assembly by Mr. Bryan & Mr. Williams the following message to wit.

Gentlemen of his Majesty's Honble Council

This House have Resolved that Timothy Clare be paid by the Public Treasurers out of the Contingent Tax Fifteen Pounds Three Shillings and Ten pence Proclamation money for Provisions and Liquor found and provided for the Indians now in Town And that the same be allowed the said Treasurers on passing their Accounts with the Public to which desire your Honrs concurrence

JNo ASHE Speakr

P Order
20th November 1762
Wm Herritage Clk.

On Motion, the Bill for altering the method for working on the Roads, and Appointing Public Ferries within the Counties of Duplin Cumberland Rowan and Anson was ordered to be read the same was accordingly read and passed and ordered to be engrossed

On Motion the message from the Assembly relative to the superr Courts Law was read and taken into Consideration And ordered that the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly

Upon reading your message in Answer to ours relative to the Bill for Establishing superior Courts of Pleas and Grand Sessions within

-------------------- page 853 --------------------
this Province We are sorry to find that you have not agreed to our so reasonable Amendments But we will in order That it may Operate for the Purposes intended agree to dele every thing regarding the Associate Justice of Salisbury and to have one Associate Judge Appointed to have equal Authority with the Chief Justice thro' out the Province Provided a suitable Salary is allowed for such Associate so to be appointed. The equity and necessity of such an Amendment being Obvious We hope your Concurrence thereto And that you will send two Members to see such Amendment made Otherwise we cannot pass the Bill.


By order
23d Novr 1762
JNo BURGWIN Clk

Received from the Assembly by Mr. Harnett and Mr. Leech the follg Bills, to wit,

A Bill for Dividing the County of Anson and other purposes

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.

A Bill for Establishing a Post thro this Province

A Bill to Establish a Public Road from the Court House in Currituck County across the Great Swamp to the Bridge in North River near the Indian Town.

Then the House Adjourned till 10 oClock to morrow morning.


Tuesday morning 23d Novr 1762. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr
The Honble John Sampson Esqr
The Honble Henry E. McCulloch Esqr
The Honble Alexd McCulloch Esqr

Reced from the Assembly by Mr. Caswell and Mr. Pollock the follg message, to wit.

Gentn of His Majestys Honble Council

We are Extreamely sorrey to find by your Message of this day that you start new difficulties to the Passing the superior Court Bill We hoped this Increasing the Salary of the Salisbury Associate Justice would have Obviated all further Objections; with respect to Associates with equal power with the Chief Justice We are very

-------------------- page 854 --------------------
sensible they may be of the greatest utility to the Province Provided the manner of their appointment was such as may render them Independent but as it seems we have it not in our power to appoint them on such a reputable footing We cant help Acquainting you that we cannot with Character to ourselves or Justice to our constituents agree to the amendments proposed by your Message

JNo ASHE Speakr

By order
22d Novr 1762.
Wm Herritage Clk

Then on motion the Bill for Establishing Superr Courts of Pleas & Grand Sessions and regulating the proceedings therein, was put, and rejected.

On Motion the following Bills were ordered to be read to wit,

A Bill to Impower and Direct the Comrs of the Districts hereafter mentioned to lay out and make a Road thro Regans Swamp in Bladen County to the Court House in said County, read the second time and passed.

A Bill to amend and Continue An Act Intituled An Act to Establish a Ferry from Solleys Point to Relfe Point whereon the Court House now stands on Pasquotank River—Read the first time and passed

A Bill to amend and further Continue An Act Intitled An Act to Establish a public Ferry from Newbys Point to Phelps Point whereon the Court House now stands on Perquimons River read the first time and passed

A Bill to prevent Abuses in Strays—read the first time and passed.

A Bill to Establish a Public Road from the Court House in Currituck County across the Great Swamp to the bridge on North River near the Indian Town read the first time and passed

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, read the first time and passed

A Bill for dividing the County of Anson and other purposes read the second time and passed

A Bill for Enlargeing the time allowed for saving Lotts in the Town of Hertford and for other purposes; read the second time and passed.

A Bill for Establishing a Post thro this Province; read the first time and Passed.

-------------------- page 855 --------------------

A Bill for further Continuing the Act Intituled an Act for appointing James Davis Printer to this Province

A Bill for Destroying Squirrels Crows and Black Birds in that part of New Hanover County called New Topsail Sound read the first time & passed.

A Bill for destroying Squirrels in Several Counties; read the first time & passed.

A Bill to apply the Money already levied on the Taxable Inhabitants of Currituck County by Virtue of an Act Intituled an Act for the Amendment of the Navigation of Currituck Inlet; read the first time and passed.

Received from the Assembly by Mr. Kenan and Mr. Williams a Bill for Establishing a Town on the North East branch of Cape Fear River In Duplin County read the first time & passed.

Then the House adjourned till 10 oClock to morrow morning


Wednesday morning November 24th 1762 The House met according to Adjournment

Present as before

Received from the Assembly by Mr. Harris & Mr. Blount the follg Bills, to wit,

A Bill for Dividing the County of Granville and other purposes

A Bill to Amend and further Continue An Act Intituled An Act to Establish a public Ferry from Newbys Point to Phelp's Point whereon the Court House now stands on Perquimons River.

Then the House Adjourned till 10 oClock to morrow Morng


Thursday morning November 25th 1762 The House met according to Adjournment

Present as before

Received from the Assembly by Mr. Bartram & Mr. Ruffin the following Bills, to wit,

A Bill for ascertaining a proper Place for Building thereat a Court House Prison Pilory & Stocks in Edgcombe County

A Bill to Impower and direct the Commissioners of the District herein mentioned to lay out and make a road from John Howards Ferry on Black River thro Colleys Swamp to the North West River in Bladen County.

A Bill to lay a Tax on the Inhabitants of the several Counties of the District of Halifax Superior Court to repair the Public Prison thereof and other purposes.

The House adjourned till 10 oClock tomorrow morning

-------------------- page 856 --------------------

Fryday morning November 26th 1762. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloch Esqr
The Honble Alex McCulloch Esqr
The Honble Richd Spaight Esqr

On motion, Ordered the Bill for Dividing the County of Granville lie over for consideration till Monday next

On motion the following Bills were ordered to be read, to wit,

A Bill to amend and further Continue An Act Intituled An Act to Establish a public Ferry from Newbys Point to Phelps' Point whereon the Court House now stands on Perquimons River; read the second time and passed

A Bill for ascertaining a proper place for Building thereat a Court House Prison Pillory and Stocks in Edgcombe County; read the second time and passed with Amendments

A Bill to Impower and Direct the Commissioners of the District herein mentd to lay out and make a road from John Howards Ferry on Black River thro Colleys Swamp to the North West River in Bladen County: read the first time and passed.

A Bill to lay a Tax on the Inhabitants of the several Counties of the District of Halifax Superior Court to repair the Public Prison thereof and other purposes; read the first time and passed.

Received from the Assembly by Mr. Johnston & Mr. Baker A Bill for Dividing this Province into five several Districts and for Establishing a superior Court of Justice in each of the said Districts and regulating the proceedings therein

On motion, read the first time and passed.

Received from the Assembly by Mr. Currell and Mr. Sawyer A Bill to Impower Thomas Bonner Junr late Sheriff to receive & Collect the Arrear of Taxes due in the Counties of Beaufort and Pitt for the year 1760.

Received from the Assembly by Mr. Gray and Mr. McNeil the following Bills, to wit

A Bill for Encourageing the raising Hemp & Flax

A Bill appointing the method of distributing Intestates Estates

Received from the Assembly by Mr. Boyd & Mr. Vail, A Bill to Enable the Commissioners of the Church of Edenton to discharge the contracts by them made with the workmen employed in finishing the Inside of the said Church

-------------------- page 857 --------------------

Whereas it is the undoubted right of the President and Clerk of this House to receive certain Fees already ascertained in all Private Bills

It is therefore Resolved.

That Bills of the following nature be deemed Private Bills, to wit

All Bills whereby any Person, persons, or Company shall or may receive any private benefit or advantage.

All bills whereby any particular County, Town, Corporation or any Settlement in any County shall or may thereby receive any private benefit or advantage

And no other Bills whatsoever shall be deemed private And it is further Resolved

That when any private Enacting Clause shall be Inserted in any Bill, the same Fees and Perquisites shall be paid to the President and Clerk of this House, as for any Private Bill and under the same Rules as heretofore Resolved by this House; And on refusal of the Payment of the Fees and Perquisites aforesaid on any Bill or Bills, the said Bill or Bills shall be ordered to lie on the Table till the same is paid.

And Ordered that the foregoing Resolves be Entered on the Journals and be the standing Orders of this House.

Then the House adjourned till 10 oClock tomorrow morning


Saturday Morning November 27th 1762 The House met according to adjournment

Present as before

Received from the Assembly by Mr. Lloyd & Mr. Taylor the following Bills, to wit.

A Bill for Dividing this Province into five Several Districts and for Establishing a superior Court of Justice in each of the said Districts and regulating the proceedings therein

On motion, read the second time and ordered to lie over till Monday for Consideration

A Bill for Increasing the salaries of the Inspectors of Tobacco at the Ware House in the Town of Halifax

Received from the Assembly by Mr. Moore & Mr. Bartram 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 River near the mouth of Cross Creek by the name of Town and other purposes.

Received from the Assembly by Mr. Lillington & Mr. Kenan A

-------------------- page 858 --------------------
Bill for destroying Squirrels, Crows and Black Birds in that part of New Hanover County called New Topsail sound

Then the House adjourned till Monday Morning 10 oClock

Monday morning Nov 29th 1762. The House met according to adjournment

Present
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 E. McCulloch Esqr
The Honble Alex McCulloch Esqr

On motion the Consideration of the Bill for Dividing this Province into Five several Districts &c was resumed put and passed the second time

On motion, the following Bills were Ordered to be read to wit.

The Bill to Enable the Comrs of the Church of Edenton to discharge the Contracts by them made with the workmen Employed in finishing the Inside of the said Church was read the first time and passed.

The Bill Appointing the Method of distributing Intestates Estates was read the first time and passed

The Bill for Increasing the salarys of the Inspectors of Tobacco, at the Ware House in the Town of Halifax was Read the first time & passed

Received from the Assembly by Mr. Hutchins and Mr. Winborn the Bill for destroying Squirrels in several Counties

Then the House adjourned till 4 oClock this afternoon

Monday afternoon The House met According to Adjournment

Present as before

Received from the Assembly by Mr. Frohock & Mr. Baker, The Bill for Dividing this Province into several districts &c which on motion was read and ordered to lie over till Wednesday morning for consideration

Then the House adjourned till Wednesday morning 10 oClock


Wednesday morning December 1st 1762 The House met according to adjournment

Present as before.

On motion, The Consideration of the Bill for Dividing this Province

-------------------- page 859 --------------------
into Five several Districts &c was resumed, And ordered that the following Message be sent to the Assembly to wit,

Mr. Speaker & Gentlemen of the Assembly

On reading the third time the Bill for Dividing this Province into five several Districts and for Establishing a Superior Court of Justice in each of the said Districts and regulating the Proceedings therein, We proposed the following Amendments vizt

That one Associate should be inserted instead of two, for the Districts of Wilmington, New Bern Edenton & Halifax.

That the said Associates should receive the same fees as the Chief Justice upon proving of Deeds Acknowledgement of Letters of Atty &c

That on Granting Original Attachments the party praying shall swear to his Debt to the best of his knowledge

That three Justices should be inserted instead of the Freeholders to Inspect whether Goods Attached are perrishable

That no Associate should be appointed in the Salisbury District the assistant Judge being sufficient having only that court to attend

To which if you agree We desire you will send such of your members as you shall think proper to see the above Amendments inserted


By Order
1st December 1762
JNo BURGWIN Clk.

Received from the Assembly by Mr. Moore and Mr. Waddell a Bill for Erecting that part of New Hanover County called St Philips Parish a separate County by the name of

Received from the Assembly by Mr. Bartram and Mr. Ethridge A Bill to Impower and Direct the Commrs of the Districts hereafter mentioned to lay out and make a Road thro' Rigan Swamp in Bladen County to the Court House in the said County.

On motion read the third time & passed,

Ordered to be Engrossed

Received by the same Members the following Message.

Gentlemen of His Majesty's Honble Council

This House have Resolved to address His Majesty in Conjunction with your Honors to Repeal the Act appointing Tower Hill for fixing the seat of Government at and to appoint some other place as more proper for that purpose and have appointed Mr. Swann Mr. Elmsley

-------------------- page 860 --------------------
and Mr. Baker a Committee of this House to Join such of your Honours as you shall think proper for that purpose

JOHN ASHE Speakr

By Order
1st Decr 1762
Wm Herritage Clk

On motion, Ordered that the foregoing Message be read, the same was read, Debated and Resolved that the following Message be sent to the Assembly in Answer

Mr. Speaker & Gentlemen of the Assembly

In Answer to your Addressing His Majesty to Repeal the Act appointing Tower Hill for fixing the seat of Government and appointing some Other place more proper for that purpose Have appointed the Honble John Rutherford Lewis De Rossett & John Sampson Esqrs a Committee of this House to Join the Committee of your House for that purpose


By Order
1st Decr 1762
JNo BURGWIN Clk

Then the House Adjourned till 4 oClock this afternoon

Wednesday afternoon The House met according to adjournment Present as before

Received from the Assembly by Mr. Harnett Mr. Harvey & Mr. Cumming, the following Message, to wit

Gentlemen of His Majesty's Honble Council

On reading your Message Relative to the Amendments by you Proposed to the Bill for Dividing this Province into Several Districts and for Establishing a superior Court of Justice in each of the said Districts and regulating the proceedings therein, This House agree thereto and send Mr. Harvey Mr. Harnett and Mr. Cumming Three of the Members thereof to see the same inserted

JOHN ASHE Spr

By Order
1st Decr 1762
Wm Herritage Clk

Then the alterations mentioned were made in presence of the members for that purpose sent, and

-------------------- page 861 --------------------

On motion the said Bill was put and passed the third time with Amendments, And Ordered to be Engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday morning Decr 2d 1762. The House met according to Adjournment
Present
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry E. McCulloch Esqr
The Honble Lewis De Rossett Esqr
The Honble Alex McCulloch Esqr
The Honble Richd Spaight Esqr

Received from the Assembly by Mr. Caswell & Mr. Howell the follg Bills

A Bill for Ascertaining a proper place for Building thereat a Court House Prison Pillory & Stocks in Edgecombe County

On motion read the third time & passed

Ordered to be Engrossed

A Bill to amend and further Continue an Act Intituled an Act to Establish a public Ferry from Newbys Point to Phelps point whereon the Court House now stands on Perquimons River

On motion read the third time and passed; Ordered to be Engrossed

A Bill for Establishing a Town on the North East Branch of Cape Fear River in Duplin County

A Bill to apply the money already levied on the Taxable Inhabitants of Currituck County by Virtue of an Act Intituled an Act for the Amendment of the Navigation of Currituck Inlet.

A Bill to Establish a Public Road from the Court House in Currituck County across the Great Swamp to the Bridge on North River near the Indian Town

A Bill for the further Continueing and Amending an Act for appointing a Militia and also to Amend and Continue one other Act Intituled an Act for appointing a Militia

A Bill to Enable the Comrs of the Church of Edenton to discharge the Contracts by them made with the workmen Employed in finishing the inside of the said church.

A Bill to Impower and Direct the Comrs of the District herein mentioned to lay out and make a Road from John Howards Ferry on Black River thro Colleys Swamp to the North West River in Bladen County

On motion read the second time amended & passed

-------------------- page 862 --------------------

A Bill to Amend An Act Intituled an Act for the relief of Poor Debtors as to the Imprisonment of their Persons

Reced from the Assembly by Mr. Elmsley & Mr. Baker the following Bills to wit,

A Bill to lay a Tax on the Inhabitants of the several Countys of the District of Halifax Superior Court to Repair the Public Prison thereof and other purposes

On motion read the second time amended and Passed

A Bill for Increasing the salaries of the Inspectors of Tobacco at the Ware House in the Town of Halifax

A Bill appointing the method of Distributing Intestates Estates

Received from the Assembly by Mr. Hutchins & Mr. Alexander the following Bills, to wit.

A Bill for Dividing the County of Anson and other Purposes.

A Bill for the more easy recovering of Money due upon Promissory Notes and to render such Notes Negotiable

On Motion the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in the Province was read a third time, And ordered that the following Message be sent to the Assembly vizt

Mr. Speaker & Gentlemen of the Assembly

On reading a third time the Bill to Establish Inferior Courts of Pleas and Quarter Sessions in the several Countys in this Province, We propose the following amendments vizt

To stet the following Clause in the second page, “Provided always that nothing herein contained shall be construed or deemed to Extend to any person qualifying under a general commission of the peace”

To dele in several places in the said Bill the words “Superior Courts of Pleas and Sessions” and insert Superior Courts of Justice, And in the last Clause to dele the words “first day of December” and insert the first day of January to which if you agree we desire you will send such of your Members as you think proper to see the same made

By Order
JNo BURGWIN Clk

2d December 1762.

On Motion the Bill directing the method of appointing Jurymen in all causes Criminal and Civil, was read the second time amended & passed.

-------------------- page 863 --------------------

Received from the Assembly by Mr. Sawyer and Mr. Barrow the following Bills, to wit:

A Bill for Establishing a Post thro this Province

A Bill for Enlarging the time allowed for saving Lotts in the Town of Hertford and for other purposes;

On motion read the third time and passed.

Ordered to be Engrossed.

A Bill to Establish a Ferry from Solleys Point to Relfe Point whereon the Court House now Stands on Pasquotank River.

On Motion the Bill to amend & Continue An Act Intituled an Act to Regulate the Inspection of Pork Beef &c, was read the second time amended and passed

On Motion the Bill for Encouraging the Raising of Hemp and Flax read the first time and passed

Then the House adjourned till 4 oClock this afternoon

Thursday afternoon The House met according to adjournment

Present as before

Received from the Assembly by Mr. Baker and Mr. Frohock the following Message, to wit.

Gentlemen of his Majesty's Honble Council.

In answer to your Message of this day relateing to the Bill for Establishing Inferior Courts of Pleas and Quarter Sessions We think your Amendments respecting the General Commissions of the Peace unnecessary because we know of no such Commissioners in use amongst us. And think the Introduction of them of a pernicious consequence besides we are of opinion such Commissioners are against Law, therefore We hope you will pass the Bill without the amendment, if so we shall send some of our Members to see the other Amendment made

JOHN ASHE Speakr
Wm Herritage

By Order
2d December 1762

On Motion the foregoing Message was read and taken into Consideration and thereupon the Honble Lewis De Rossett and Henry E McCulloch Esqrs are appointed to draw up an Answer thereto.

Resolved that it is the Unanimous Opinion of this House that the said Message contains some Expressions contradictory to that decorum which ought to be Observed by the different branches of the

-------------------- page 864 --------------------
Legislature to each other And highly reflecting upon this House And the said Committee are directed to Animadvert upon such Expressions in a Spiritted and becoming manner

Received from the Assembly by Mr. Ruffin & Mr. Howell A Bill for to Encourage Joseph Howell to build a Bridge over Tar River at or near the place called Howells Ferry at Tarborough in Edgecombe County

Received from the Assembly a Bill for Establishing a Town on the Land of William Herritage at a place called Atkins' Banks in Dobbs County.

On Motion, the Bill for destroying Squirrels Crows & Blackbirds in that part of New Hanover County called New Topsail Sound was read the second time & passed.

Then the House adjourned till 10 oClock to morrow morning


Fryday morning December 3rd 1762. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richd Spaight Esqr
The Honble John Sampson Esqr
The Honble Henry E McCulloch Esqr
The Honble Alexr McCulloch Esqr

The Committee appointed to draw up an Answer to the Message of the lower House of yesterday Reported that they had prepared the same which was read and delivered on the Table and read again by the Clerk And ordered that it be Entered on the Journal thereof as follows, to wit.

Mr. Speaker and Gentlemen of the Assembly

On reading your message of yesterday we cannot but observe with equal surprize and concern upon that manifest want of decency and decorum which appears upon the face of it. A proper respect is certainly due by the different branches of the Legislature to each other And we are sorry to find ourselves under a necessity in this public manner of resenting the mode of Expression which you have made use of in your last Message Taxing us as a branch of the Legislature with Insisting upon the Introduction of commissions unknown contrary to Law and in their consequences pernicious are charges that we cannot pass over in silence, especially as we are convinced that you cannot be Ignorant that general Commissioners to enable the Members of His Majesty's Council and the Officers of the Crown

-------------------- page 865 --------------------
to act as conservators of the Peace are neither unknown to you, in their consequences pernicious, or against Law; We therefore must insist upon the Amendments proposed by us to the Bill for Establishing Inferior Courts &c To which if you agree you will send such of your Members as you think proper to see the same done

On motion, Ordered that the following Bills be read, to wit.

A Bill for Erecting that part of New Hanover County called St Philip's Parish A separate County by the name of        Read the second time & passed.

A Bill for Establishing a Town on the Land 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 by the name of        Town and other purposes: read the first time and passed.

A Bill to Impower Thomas Bonner Junr. late Sheriff to receive & Collect the Arrears of Taxes due in the Counties of Beaufort & Pitt for the year 1760

Read the first time and passed.

A Bill for the further Continueing and Amending An Act for Appointing a Militia and also to Amend and continue one other Act Intituled An Act for appointing a Militia read the first time and passed.

A Bill to Enable the Commissioners of the Church of Edenton to discharge the Contracts by them made with the workmen Employed in finishing the Inside of the said Church read the second time and passed.

A Bill for Destroying Squirrels in Several Counties read the second time and passed.

A Bill to Amend an Act Intituled An Act for the relief of poor Debtors as to the Imprisonment of their persons read the first time and passed.

A Bill for Establishing a Town on the Land of William Herritage at a place called Atkins Banks in Dobbs County read the first time and passed.

A Bill for Dividing the County of Granville and other purposes read the second time and passed

A Bill for Establishing Vestries and other purposes read the second time amended & passed

A Bill for Increasing the salaries of the Inspectors of Tobacco at

-------------------- page 866 --------------------
the Warehouse in the Town of Halifax read the second time and passed

A Bill appointing the Method of distributing Intestates Estates read the second time and passed

A Bill to Establish a Ferry from Solleys Point to Relfes Point whereon the Court House now stands on Pasquotank River. read the first time and ordered to lie over for Consideration

A Bill for to Encourage Joseph Howell to Build a Bridge over Tarr River at or near a place called Howells Ferry at Tarborough in Edgecombe County read the first time and passed

Received from the Assembly by Mr. Lloyd and Mr. Lillington the following Bills, to wit.

A Bill to Amend and continue An Act Intituled An Act to regulate the Inspection of Pork & Beef

A Bill to Impower Thomas Bonner Junr late Sheriff to receive and collect the Arrears of Taxes due in the Counties of Beaufort & Pitt for the year 1760.

A Bill to amend An Act Intituled an additional Act concerning servants and Slaves

A Bill for Destroying Vermin in the County of Orange and other Counties therein mentioned

Then the House adjourned till 10 oClock tomorrow morning


Saturday morning 4th December 1762. The House met according to adjournment

Present as before

Then the consideration of the Bill for making provision for an Orthodox Clergy was resumed, put and passed the second time

On motion the following Bills were ordered to be read, to wit

A Bill to Amend an Act Intituled an Additional Act concerning servants and slaves. read the first time and passed.

A Bill for Destroying Vermin in the County of Orange and other Counties therein mentioned read the first time and passed

A Bill to Establish a Public Road from the Court House in Currituck County & Cross the great Swamp to the Bridge on North River near the Indian Town read the second time and passed

A Bill to Impower Thomas Bonner Junr late Sheriff to receive & collect the Arrears of Taxes due in the Counties of Beaufort & Pitt for the year 1760 read the second time and passed

Received from the Assembly by Mr. Fanning and Mr. Harris The following Message. to wit.

-------------------- page 867 --------------------

Gentlemen of His Majesty's Honble Council

We are sorry to Observe our Message of yesterday relateing to the Bill for Establishing Inferior Courts should have been so far misunderstood by you as to be thought Void of Decency and Decorum. We are truly sensible a proper respect is certainly due from the different Branches of the Legislature to each other and We flatter ourselves this House has not been hitherto wanting in that respect. But with concern we are obliged to observe that if the mode of Expression in our Message only is to be thought a sufficient foundation for the singular complexion of yours We despair of being ever able to escape the Imputation of the want of Decency and Decorum.

We are well satisfied that general Commissions to Enable the Members of His Majestys Council and the Officers of the Crown to Act as Judges of the Inferior Courts are not only new but altogether unnecessary, And as they can be of little benefit and may be prejudicial to the Public We think the Introduction of them ought to be avoided; Whether such Commissioners are against Law or not, can not be made a Question as no part of the Bill tends to Invalidate them, and if they should not be agreable to our Consideration as in our Opinion they are not, Its surely improper to give a sanction to them; therefore we hope you will pass the Bill with the Amendments agreed to by us in our former Message as we cannot agree to any other, that so the Bill may pass into a Law.

JOHN ASHE Speaker

By Order
2d December 1762
Wm Herritage Clk

Then on motion the foregoing Message was read and taken into Consideration And ordered that the following Message be sent to the Assembly to wit,

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message of yesterday We must Observe that you have not stated the matter in dispute in a candid manner, We Apprehend we had in our last message sufficiently explained to you the nature of such General Commissions It never was our Intention to obtain a Sanction to them, under the Law now in Question, Or to Act as Judges in any Inferior Court without having first qualified agreeable to the method prescribed in the Bill; nor can we conceive how such a construction could be put upon the Amendments proposed. General Commissions to Enable His Majestys Council the

-------------------- page 868 --------------------
Secretary Attorney General, Receiver General and Surveyor General for the time being, to Act as conservators of the Peace have been used in this Province as well as in many others and require no other sanction than that of the Prerogative from whence they flow, but what we insist on is, that the person acting under such Commissioners should not be liable to the Penalty in the Bill

And in order to explain this matter further to you We will agree that instead of our former Amendments The following Proviso should be inserted, to wit.

Provided always that nothing herein contained shall be construed or Deemed to Extend to His Majestys Council Secretary, General Receiver General and Surveyor General for the time being, or any or either of them Qualifying in Council under a General Commissioner as conservators of the Peace only:

It gives us much concern and surprize to find disputes raised upon a matter in itself so clear that we are at a loss for cause of them, And we must further Observe that it is the Utility of the Bill in question alone that has induced us to send you this message; And that if you do not choose to agree to our Amendment after these repeated Explanations, we flatter ourselves that we shall not in the Judgement of unprejudiced persons be blamed for the fatal Effects that may flow from an Ill Judged Obstinacy

You will therefore consider this our last message (on this question) and if you agree thereto you will send some of your Members to see the Amendments made

JNo BURGWIN Clk.

By Order
4th December 1762

Reced from the Assembly by Mr. Caswell and Mr. Baker the following Bills to wit

A Bill for Establishing a Town on the Land of Wm Herritage at a place called Atkins Banks in Dobbs County.

A Bill to amend an Act Intituled an Act for the Relief of Poor Debtors as to the Imprisonment of their Persons

A Bill to Lay a Tax on the Inhabitants of the Several Counties of the District of Halifax Superior Court to repair the Public Prison thereof and other places

Then the House adjourned till 10 oClock on Monday morning


Monday morning December 6th 1762. The House met According to adjournment
-------------------- page 869 --------------------
Present
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry E. McCulloch Esqr
The Honble Lewis De Rossett Esqr
The Honble Alex. McCulloch Esqr
The Honble Richd Spaight Esqr

Reced from the Assembly by Mr. Bartram & Mr. Benton the following Bills to wit.

A Bill for Dividing the County of Granville and other purposes.

A Bill for the further continuing and Amending an Act for appointing a Militia and also to amend and Continue one other Act Intituled an act for Appointing a Militia

A Bill for destroying Squirrels, Crows, and Black Birds in that part of new Hanover County called New Topsail Sound

On Motion the Bill for Dividing the County of Granville and other purposes was read the third time and Ordered that the following message be sent to the Assembly, to wit,

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill for Dividing the County of Granville and other purposes, We find you have on your third reading left a Blank in the said Bill which we suppose was thro a mistake and ought to have been filled up with the words “Prince George” and though our inserting these words was agreeable to the Intent of the Bill, yet as our amending on our third Reading even in the most trivial expression might have a tendency to interrupt that confidence which ought to Subsist between the two Houses We thought necessary to acquaint you of such mistake that you might send such of your members as you think proper to see the same rectified

By order
JNo BURGWIN Clk

On Motion the Bill for to Lay a Tax on the Inhabitants of the several Counties of the district of Halifax Superior Court to repair the Public Prison thereof and other purposes was read the third time and ordered that the following Message be sent to the Assembly, to wit.

Mr. Speaker and Gentlemen of the Assembly

On reading the third time the Bill to lay a Tax on the Inhabitants of the several Counties of the District of Halifax Superior Court to repair the Public prison thereof and other purposes We propose to strike out the name of Peter Copeland and insert in his

-------------------- page 870 --------------------
stead the Honble Alexander McCulloch Esqrs to which if you agree we desire you will send some of your members to see the alteration made.

By order
JNo BURGWIN Clk.

On motion the following Bills were ordered to be read, to wit

A Bill for the more easy recovery of Money due upon promissory Notes and to render such notes negotiable; read the second time amended and passed.

A Bill for destroying Squirrels Crows and Black Birds in that part of New Hanover County called New Topsail sound read the third time and passed

Ordered to be engrossed.

A Bill for the further continueing and amending an Act for appointing a Militia and also to amend and continue one other Act Intituled an Act for Appointing a Mititia read the second time amended and passed

Received from the Assembly the following Message to wit

Gentlemen of His Majestys Honble Council

In Answer to your Message regarding the mistake in the Bill for dividing the County of Granville and other purposes by leaving a Blank therein which you mention ought to be filled up with the words Prince George, If such a Blank was left it was thro the mistake of the Clerk, And we now send two of the Members of this House to see such mistake rectified Inserting such words you mention

JNo ASHE Speaker

By Order
6th December 1762
Wm Herritage Clk

Then the words mentioned were inserted in the Bill in presence of the Members sent for that purpose and was thereon put the third time and passed. Ordered to be Engrossed.

Received from the Assembly the following Message, to wit.

Gentlemen of His Majesty's Honble Council,

Your Message relative to the Inferior Court Bill having removed the Ambiguities of your two former Messages on that subject We are not without hopes that difference may yet be Accomodated to the satisfaction of both sides

-------------------- page 871 --------------------

You say you dont require the Aid of any Positive Law to Establish your Commissioners but that the Royal Prerogative from whence it flows can alone confer a Sufficient Sanction on it, if so, a more Obvious and exceptionable amendment than that proposed in your Last message will sufficiently answer your purpose and readily meet with your Approbation

If the Penal clause is altogether dele'd We think the Bill might very well pass into a Law without it and as this would in our Opinion effectually remove your Objections without any Material Injury to the Bill we will agree to give our Consent to a proposal for deleing that clause altogether.

There is yet another Expedient for Accomplishing an Accomodation betwixt us as effectual and perhaps more convenient than the other If the Penal clause should stand in the Bill, but instead of relating to Justices of the Peace Generally should be extended only to the Justices of the Inferior Courts or to Justices of the Peace for any County within this Province, We conceive the Commission in question could not be thereby effected, and there would still remain a sufficient security against persons acting as Ordinary Justices of the Peace before qualification.

As either of these expedients will beyond all doubt fully and clearly exempt the Commissioner General of the Peace (when Established) from a Penalty to which an ordinary Justice misbehaving himself may be subjected We hope your Honrs will waive your last Proposed Amendment and instead thereof propose something that does not Obliquely ratifye a Commission which we believe has not, and for which We know never may have an Existence

Let the Consequence of the despute be what it will We have the satisfaction to Know it had not its rise here and doubt not if the Bill drops every unprejudiced person will easily distinguish betwixt the abetting and opposing a measure which must be confessed a novelty in our Constitution; And as we are conscious our part of the dispute has not been founded on an Ill Judged Obstinacy (if Obstinacy can be called an Object of the Judgement) We hope we shall not be censured for the fatal Effects that may flow from it

If either of the above proposals be agreeable to your Honrs you will please to signifie the same to this House that some of our Members may attend to see the amendments made Accordingly

JNo ASHE Speakr

By order
6th Decr 1762
Wm Herritage Clk.
-------------------- page 872 --------------------

On motion the foregoing Message was read and taken into Consideration and Ordered that the following Message be sent to the Assembly, to wit,

Mr. Speaker & Gentlemen of the Assembly

In answer to your Message relative to the amendments we Proposed to the Bill for Establishing Inferior Courts of Pleas &c We find that you have at last proposed an Amendment that may Answer the End we had in View, And therefore agree that the Penal claim should be Extended only to Justices of the Inferior Courts and desire you will send some of your Members to see the same and the other Amendments you before agreed to be made in the Bill

Received from the Assembly by Mr. Hutchins and Mr. Ward the following Bills to wit

A Bill to Impower and direct the Commissioners of the District herein mentd to lay out and make a Road from John Howards Ferry on Black River thro Colleys Swamp to the North West River in Bladen County.

A Bill to Establish a Public Road from the Court House in Currituck County across the great Swamp to the Bridge on North River near the Indian Town.

A Bill for Destroying squirrels in several Counties.

A Bill for enlarging the salarys of the Inspectros of Tobacco at the Ware House in the Town of Halifax.

Received from the Assembly by Mr. Swann & Mr. Moore the following Bills, to wit,

A Bill to Encourage Joseph Howell to Build a Bridge over Tarr River &c

A Bill for Destroying Vermin in the County of Orange &c

Then the House Adjourned till 10 oClock to morrow morning


Tuesday morning December 7th 1762. The House met according to Adjournment
Present.
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry E. McCulloch Esqr
The Honble Lewis De Rossett Esqr
The Honble Alexd McCulloch Esqr
The Honble Richard Spaight Esqr

Received from the Assembly by Mr. Swann & Mr. Elmsley the following Message, to wit

-------------------- page 873 --------------------

Gentlemen of His Majestys Honble Council

This House send herewith two of the Members thereof to see the Amendments proposed in their message sent this day to you, to the Bill for Establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province And also to see the name of the Honble Alexr McCulloch Esqr inserted in the Bill to lay a Tax on the Inhabitants of the several Counties of the District of Halifax Superior Courts &c instead of that of Peter Copeland as it stood in the Bill when sent to you

JOHN ASHE Speaker

By Order
6th December 1762
Wm Herritage Clk.

Then the Alterations mentioned in the said Bill was made in presence of Mr. Swann & Mr. Elmsley Members of the Assembly sent for that purpose.

And on motion the Bill to Establish Inferior Courts of Pleas and Quarter Sessions &c was put and passed the third time with Amendments; And ordered to be Engrossed

And the Bill to lay a Tax on the Inhabitants of the several Counties of the District of Halifax Superior Court to Repair the Public Prison thereof and other purposes was on motion put the third time and passed with Amendments, and Ordered to be Engrossed

Reced from the Assembly by Mr. Swann & Mr. Elmsley the Bill to Impower Thomas Bonner Junr late Sheriff to receive and collect the arrears of Taxes due in the Counties of Beaufort and Pitt for the year 1760.

On motion read the third time & passed, and ordered to be Engrossed.

Received from the Assembly by Mr. Ormond & Mr. Ward the following Bills, to wit.

A Bill directing the method of Appointing Jurymen in all causes Criminal and Civil;

On motion read the third time and passed. Ordered to be Engrossed

A Bill appointing the method of Distributing Intestates Estates

On motion read the third time & passed, Ordered to be Engrossed

A Bill for the further Continueing and Amending an Act for appointing a Militia And also to Amend and Continue one other Act Intituled An Act for appointing a Militia.

-------------------- page 874 --------------------

On motion read the third time and passed, Ordered to be Engrossed

A Bill to Enable the Comrs of the Church of Edenton to discharge the contracts by them made with the workmen Employed in finishing the inside of the said Church

A Bill for the more easy recovery of money due upon Promissory Notes and to render such notes negotiable.

On motion read the third time and passed. Ordered to be Engrossed.

On motion the following Bills were ordered to be read, to wit,

A Bill for Dividing the County of Anson and other purposes read the third time & passed; Ordered to be Engrossed.

A Bill to Establish a Public Road from the Court House in Currituck County across the great swamp to the Bridge on North River near the Indian town; read the third time and passed. Ordered to be Engrossed.

A Bill to Impower and Direct the Comrs of the District herein mentioned to lay out and make a Road from John Howards Ferry on Black River thro' Colleys Swamp to the North West River in Bladen County; read the third time & passed. Ordered to be Engrossed.

A Bill for Increasing the salaries of the Inspectors of Tobacco at the Ware House in the Town of Halifax; read the third time & passed. Ordered to be Engrossed.

A Bill for to Encourage Joseph Howell to Build a Bridge over Tar River at or near a place called Howells Ferry at Tarborough in Edgcomb County; read the second time amended and passed.

A Bill for Establishing a Town on the Land of John & 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 by the name of       Town and other purposes; read the second time amended and passed.

A Bill for Establishing a Town on the Land of William Herritage at a place called Atkins Banks in Dobbs County; read the second time and passed.

A Bill for Establishing a Post thro' the Province; read the second time amendd and passed.

A Bill to amend an Act Entituled an Act for the relief of Poor Debtors as to the Imprisonment of their persons; read the second time and passed.

-------------------- page 875 --------------------

A Bill for destroying Vermin in the County of Orange and other Counties therein mentioned; read the second time and passed.

A Bill for destroying Squirrels in Several Counties; read the third time & rejected.

On motion Ordered that the following Message be sent to the Assembly, to wit,

Mr. Speaker and Gentlemen of the Assembly

This House having been Informed by a Member of the Committee of Correspondence that Letters have been received from Mr. Couchet Jouvencal the Agent of this Province since the last Assembly We desire you would send those Letters and also Copys of the Letters that have been Wrote to him by the Committee of Correspondence for our perusal.


By order
7th December 1762.
JNo BURGWIN Clk.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday morning 8th December 1762. The House met according to Adjournment.
Present.
The Honble James Hasell Esqr
The Honble Richd Spaight Esqr
The Honble John Rutherford Esqr
The Honble John Sampson Esqr
The Honble Lewis De Rossett Esqr
The Honble H E McCulloch Esqr
The Honble Alexd McCulloch Esqr

Received from the Assembly by Mr. Baker & Mr. Frohock the following Bills, to wit,

A Bill for Establishing Vestries and other purposes.

A Bill for making Provision for an Orthodox Clergy.

Received from the Assembly by Mr. Elmsley & Mr. Leech the following Message, to wit,

Gentlemen of His Majesty's Honble Council

This House taking into consideration the necessity of Establishing a seat of Government in this Province Have Resolved that an Humble Address be presented to His Majesty requesting him to signifie his Royal disallowance of the Act for appointing Tower Hill the seat of Government And that he would be graciously pleased to approve of the Town of New Bern as a proper place for transacting

-------------------- page 876 --------------------
the business of the Public, an Address for that purpose is therewith sent for your concurrence and approbation.

JNo ASHE Speaker.

By order
7th December 1762.
Wm Herritage Clk.

On Motion the said Message and Address were read, and Ordered that the following message be sent to the Assembly to wit

Mr. Speaker and Gentlemen of the Assembly

We having taken into Consideration your Message relative to Addressing His Majesty to Repeal the Tower Hill Act And to fix upon New Bern as the seat of Government and an Address drawn up by you for our Concurrence and Approbation We will agree to approve and Concur with you in the said address And that the same should stand the address of both Houses Provided the Words, Council and, are inserted in two places, to which if you agree you will send such of your Members as you think proper to see the same done.


By Order
8th December 1762
JNo BURGWIN Clk

Received from the Assembly by Mr. Caswell and Mr. Kenan the following Bills, to wit.

A Bill for Establishing a Town on the Land of Wm Herritage at a place called Atkins Banks in Dobbs County

A Bill to Amend An Act Intituled An Act for the Relief of Poor Debtors as to the Imprisonment of their Persons.

A Bill for destroying Vermin in the County of Orange and other Counties therein mentioned

On Motion the Bill for Establishing a Town on the North East Branch of Cape Fear River in Duplin County, was read the second time & rejected.

Received from the Assembly by Mr. Swann and Mr. Elmsley the following Message, to wit,

Gentlemen of His Majestys Honble Council

This House agree to your Amendments proposed to the address relative to the seat of Government and now send two of our Members to see the same made.

Which message of motion was read, And the words proposed inserted

-------------------- page 877 --------------------
in the address in presence of Mr. Swann & Mr. Elmsley Members sent from the Assembly for that purpose.

Then the said Address was read and concurred with and ordered to be Entered on the Journal of this House to wit,

To the Kings Most Excellent Majesty

The Humble Address of the Council and Assembly of North Carolina.

Most Gracious Sovereign

We your Majestys Most dutifull and Loyal Subjects the Council and Assembly of North Carolina beg leave to Express our Sincere and unfeigned Joy on the Glorious Success of your Majestys Arms in the present Just and necessary War in the Course of which the greater Lustre has been reflected on your Majestys Wise and prudent Administration, and which we doubt not will Terminate in the Glory & Honor of your Majesty and the lasting Peace and security of your Subjects.

Permit us Most Gracious Sovereign to Assure your Majesty of our firm and Loyal Attachment to your Majestys Family and Government which We shall on all occasions exert our Most Strenuous and Ardent Efforts to support and Defend with our Lives and Fortunes from a due sense of your Majestys Paternal regard for your Subjects in general and recollecting with the Strongest Sentiments of Gratitude the many Instances of your Royal favour and benevolence to your distant Colonies; We most Humbly beg your Majestys Permission to represent that your Majestys Subjects in this Province have for many years past been subjected to the greatest disadvantages and difficulties for want of a Place Established for the seat of Government.

The Place appointed at Tower Hill on Nuse River in the year of our Lord one Thousand seven Hundred and Fifty Eight has since been found entirely unfit and improper lyeing at a great distance from any Navigable Water and at certain seasons of the year extremely difficult of Access, to most of the Inhabitants of this Province for which reasons there does not appear the least probability that the same will ever be settled or Inhabited by a sufficient Number of Inhabitants for Accommodating the Officers of Government Members of the General Assembly and others concerned in Transacting Public Business with any tolerable degree of convenience.

-------------------- page 878 --------------------

Having it therefore in charge from our Constituents to use our utmost endeavours to obtain a speedy Redress of this Grievance and having fully and impartially examined as well the situation and extent of this your Majestys Province as the Number of Inhabitants in the several counties thereof

We most humbly Pray your Majestys leave to Recomend to your Majesty the Town of New Bern in Craven County as being in our humble Opinion more Central and Convenient than any other part of this Province for holding thereat the Court of Chancery, Keeping the records of the Secretarys Offices and transacting the Business of the Public; And humbly Implore your Majesty, that you will be graciously pleased to repeal the Act Appointing the said Tower Hill the seat of Government and that your Majesty will signify your Royal approbation of the Town of New Bern, as a proper place for the Purpose aforesaid whereby we may be permitted to Erect a Suitable House for the residence of your Majestys Governor. And such other Edifices as may be requisite for the safe keeping of the Public Records and for other Public Uses.

To which address the following Protest was entered by the Honble John Rutherford Lewis De Rossett & John Sampson Esqrs Dissent

Because however fond we may be of getting the Act for fixing a seat of Government at Tower Hill repealed, We cannot agree that at this time it is necessary to address His Majesty to fix the seat of Government at any certain place more especially at the Town of New Bern for the following Reasons.

1st That as our Bounds to the Southward are not yet ascertained And the disputes between this Province and South Carolina greatly increased, it must be looked on as a precipitate Step to fix on any plan until these matters are Settled, to which we may add the Indecency of so doing whilst these points are to be laid before His Majesty for his Royal Determination

2d That in Order to fix on a proper place for a Seat of Government, it would be necessary to consider either the best navigation or the most Central place for the Encouragement of trade or ease of the Inhabitants In neither of these respects can the Town of New Bern have any pretence to be fixed on as proper for either of these purposes.

3d That the unhealthiness of the Town of New Bern thro the badness of Air and Water renders it very unfit for a place of residence for His Majestys Governor the Officers of the Crown or the calling of the Assembly We may refer to the votes of the Assembly

-------------------- page 879 --------------------
some few years past when they Unanimously resolved that New Bern was an Improper place for the seat of Government, And it may be difficult to conceive the Motives that could induce the Majority of either House to form the present address when the same Obstacle Subsists

4th That the great distance from the back Settlements to New Bern being upwards of Three Hundred Miles from some of our present Western Frontiers and as method of coming there by Land must render it very inconvenient and burthensome to the poor Inhabitants of those parts And instead of Encourageing those Settlements so as to Extend our Frontiers and form a Barrier against the incursions of the French or Indians will tend greatly to the discourageing the very heart of the Province Open to any Invasions. It is owing to these or other similar reasons We suppose that the address was carried in the Assembly but by a small Majority, And in the Council but by the Casting Votes of the President only, Whereas in a matter of such consequence there ought to have been if not an Unanimous Consent at least a large Majority of both Houses. And we trust His Majesty will be graciously pleased to pay no regard to the address but give the Legislature of this Province another opportunity when all disputes are ended to reconsider an affair of so much Consequence as that of fixing the seat of Government

Signed by
JNo RUTHERFORD,
LEWIS DE ROSSETT
JOHN SAMPSON.

On motion, the Bill to Amend and continue An Act intituled An Act to regulate the Inspection of Pork Beef Rice &c was read a third time, And Ordered that the following Message be sent to the Assembly

Mr. Speaker & Gentlemen of the Assembly

On reading a third time the Bill to amend and continue An Act Intituled An Act to regulate the Inspection of Pork Beef Rice &c. We would propose the following Amendments vizt

That there should be two Inspectors for the town of Wilmington

That the Collector should have two shillings and Eight Pence for granting a certificate of His having Administered the oath to Masters of Vessells

That the breadth of Staves ascertained in the Bill should be clear of Sap

-------------------- page 880 --------------------

That the clause allowing Inspectors to have Assistants should be struck out as it must have a Tendency to many Frauds and there cannot be any Necessity for such Assistants the Inferior Courts having by the Bill a power to appoint more than one Inspector in any Town when necessary.

That the Clause allowing Provision to be kept three Months after Inspection without Reinspection before shipping should be dele'd, as there is a Clause in the Bill Directing it to be done should such provisions remain longer on hand than Twenty days, which we think will have a better Effect.

To which Amendments if you agree send some of your Members to see the same made.

By order
JNo BURGWIN Clk.

On motion the Bill for Establishing Vestries and other purposes was read the third time and Ordered that the following Message be sent to the Assembly, to wit.

Mr. Speaker and Gentlemen of the Assembly

On reading the third time the Bill for Establishing Vestries & other purposes We observe that you have dele'd the Clause in the said Bill Impowering the Governor or Comr in Chief on Vestrys refusing to qualifye to Nominate and Appoint others in their room & Stead. And as you must be sensible that on such Emergencies a Power must be lodged somewhere, We propose that, that clause should be reinstated. To which Amendments if you agree, send some of your Members to see the same made


By Order
8th Decr 1762
JNo BURGWIN Clk.

On motion the Bill for the better care of Orphans and Security & Management of their Estates, was read the second time and passed.

Reced from the Assembly by Mr. Swann & Mr. Elmsley the following Bills to wit.

A Bill for to Encourage Joseph Howell to Build a Bridge over Tarr River at or near the place called Howells Ferry at Tarborough in Edgecomb County

A Bill for Establishing a Town on the Lands of John & 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 by the name of Cambleton Town and other purposes.

-------------------- page 881 --------------------

Reced from the Assembly by Mr. Baker and Mr. Frohock the Bill for the better care of Orphans and Security and Management of their Estates. which. On motion was read and passed,

Ordered to be Engrossed.

The Honble Richard Spaight Esq. moved this House for liberty to present A Bill to amend and further Continue An Act Intituled an Act for Facilitating the Navigation of Port Bath Port Ronoak and Port Beaufort; Ordered that he have leave to present the same

Mr. Spaight presented the said Bill which he read in his place and delivered the same on the Table and was again read by the Clerk & passed the first time

On motion the Bill for making Provision for an Orthodox Clergy was read the third time And ordered that the following Message be sent to the Assembly to wit,

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill for making Provision for an Orthodox Clergy We propose to Insert the following Clause to wit,

And be it further, Enacted by the Authority aforesaid that no dissenting Minister of any Denomination whatever shall presume on any pretence to Marry any persons under the penalty of Forfeiting Fifty Pounds Proclamation Money for every such Offence to be recovered by any person sueing for the same by Action of Debt Bill Plaint or Information in any Court of Record having cognizance thereof Wherein no Essoyn Injunction Protection Privilege or wager of Law shall be allowed or admitted of, One half to the Use of the Informer the other half to the Use of the Parish wherein the offence shall be committed

To which if you agree we desire you will send some of your Members to see the same Inserted

By Order
JNo BURGWIN Clk.

Received from the Assembly by Mr. Baker & Mr. Frohock the following Message, to wit,

Gentlemen of His Majesty's Honble Council

The Chairman of the Committee of Public Accts hath reported that John Starkey Esquire Public Treasurer of the Southern District has paid into the hands of the said Committee £246.19.5 on the sinking Fund And the sum of £669.5.11 in Treasurers Notes Interest Included and also £108.15.11 in Notes Uttered the second

-------------------- page 882 --------------------
time And that Thomas Barker Esquire Public Treasurer of the Northern District hath also paid into the said Committee £1,463.6.6 on the Sinking Fund and the sum of £341.6.11 in Treasurers Notes Interest Included which said several Sums amounting in the whole to £2,830.4.8 are by Law to be Burnt; This House have therefore appointed a Committee of the whole House to Joyn a Committee of yours, at the House of Richard Cogdell in New Bern at 3 oClock (tomorrow) afternoon to see the same done

JOHN ASHE Speakr

By order,
8th Decr 1762
Wm Herritage Clk

Then the House adjourned till 10 oClock tomorrow morning


Thursday morning December 9th 1762. The House met according to adjournment
Present
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry E. McCulloch Esqr
The Honble Lewis De Rossett Esqr
The Honble Alex McCulloch Esqr
The Honble Richd Spaight Esqr

Received from the Assembly by Mr. Harnett & Mr. Leech the following Bills, to wit,

A Bill to amend and further continue an Act Intituled an Act for Facilitating the Navigation of Port Bath Port Ronoak & Port Beaufort

On motion read the second time and passed

A Bill to Impower the Several Inferior Courts of Pleas and Quarter Sessions to try all causes commenced in the late Inferior Courts where the Debt Damage or thing sued for does not Exceed Fifty Pounds Proclamation Money

On motion read the first time and passed

On motion Ordered that the following Bills be read to wit

A Bill to apply the Money already Levied on the Taxable Inhabitants of Currituck County by Virtue of an Act intituled an Act for the Amendment of the Navigation of Currituck. read the same the second time & passed.

A Bill for further continueing the Act Intituled the Act for Appointing James Davis Printer to this Province the same was taken under consideration and the question put and rejected

A Bill to amend An Act Intituled An Act for the Relief of Poor

-------------------- page 883 --------------------
Debtors as to the Imprisonment of their person read the third time & passed, Ordered to be Engrossed.

A Bill for Destroying Vermin in the County of Orange and other Counties therein mentioned. read the third time and passed Ordered to be Engrossed

A Bill for Establishing a Town on the Land of William Herritage at a place called Atkins Banks in Dobbs County, read the third time & passed Ordered to be Engrossed

A Bill for Establishing a Town on the Lands of John & 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 by the name of Cambelton Town and other purposes Read the third time & passed; Ordered to be Engrossed

A Bill to Establish a Ferry from Solleys Point to Relfe Point whereon the Court House now Stands on Pasquotank River. Read the first time and passed.

A Bill to Enable the Comrs of the Church of Edenton to discharge the Contracts by them made with the workmen employed in finishing the inside of the said church. Read the third time and passed, Ordered to be Engrossed

On motion, Ordered that the following Message be sent to the Assembly, vizt

Mr. Speaker and Gentlemen of the Assembly

In Answer to your Message of Yesterday relative to burning the Several sums paid on the sinking Fund into the Committee of Accounts, The Chairman of our Committee having made a Report similar to that of your Committee This House have appointed a Committee of the whole House to see the sum you mentioned burnt at the House of Mr. Richard Cogdell in New Bern at 5 oClock this afternoon.


By order
9th December 1762.
JNo BURGWIN Clk.

Received from the Assembly by Mr. Baker and Mr. Leech the following message, vizt

Gentlemen of His Majesty's Honble Council

In answer to your Message regarding the several amendments by you proposed in the Bill to amend an Act to regulate the Inspection of Pork Beef &c We must observe that by deleing the words Pork

-------------------- page 884 --------------------
Beef and Rice in the Clause respecting the reinspection &c if any of the Articles shall lie Twenty days before shipped after they shall have been Inspected, will answer the end proposed by your Message regarding the Clause allowing Provisions to be kept three months after Inspection &c To the other amendments this House cannot agree. And also in answer to your two other Messages the one Received this day regarding the Amendments proposed by you to the Bill for making Provisions for an Orthodox Clergy the other regarding Amendments to the Bill for Establishing Vestries and other purposes to which Amendments in the above two Messages this House cannot agree, Therefore hope you will pass the said Bills without them that the Clerk in order to expedite the Business of the Assembly may have the same Engrossed.

JNo ASHE Speaker.

By order
9th December 1762.
Wm Herritage Clk.

Then on motion the Bill to Amend and Continue an Act Intituled an Act to regulate the Inspection of Pork Beef &c was put the third time & Rejected.

On motion the following Bills were put a third time and passed, to wit,

The Bill for making Provision for an Orthodox Clergy, and

The Bill for Establishing Vestries and other purposes. Which Bills are Ordered to be Engrossed.

Received from the Assembly by Mr. Baker & Mr. Leech the following Bills, to wit,

A Bill to amend and further Continue an Act Intituled an act for Facilitating the Navigation of Port Bath Port Ronoak and Port Beaufort.

On motion read the third time and passed.

A Bill to Impower the several Inferior Courts of Pleas and Quarter Sessions to try all causes commenced in the late Inferior Courts where the Debt Damage or thing sued for does not Exceed Fifty Pounds Proclamation Money.

On motion read the second time and passed.

A Bill to apply the Money already Levied on the Taxable Inhabitants of Currituck County by Virtue of an Act Intituled an Act to amend and improve the Navigation from Currituck Inlet thro the District in Currituck County to Albemarle Sound.

Received from the Assembly the following Message, to wit,

-------------------- page 885 --------------------

Gentn of His Majestys Honble Council

The Law appointing James Davis Printer to this Province will Expire at the End of this Session of Assembly and there being no provision to remedy the Inconvenience of having this Province without a Printer

This House have therefore Resolved that James Davis be continued Printer to this Province for and during the space of Six Months, and from thence to the End of the next Session of Assembly and no Longer, and that he have the same salary Fees and allowance paid as was allowed by the above said Law and desire your Honors Concurrence thereto.

JNo ASHE Speakr

By order
9th December 1762.
Wm Herritage Clk.

Received from the Assembly the following Resolves, to wit

Resolved that the Treasurer of this Province be Impowered to draw by Bills at the highest current Exchange on James Abercromby and Samuel Smith Esqrs for whatever sum or sums of money shall be in their Hands of the Proportion of the Parliamentary Grant allowed to this Province and that the money arising therefrom (after deducting the sum of six Hundred and fifty Pounds for discharging a Debt Owing by this Province to Mr. Anthony Bacon and Mr. Couchet Jouvencal be applied by the said Treasurer in Aid of the Tax for defraying the Contingent charges of Government, and that a copy of this Resolve and the following Message be sent to the Council

JNo ASHE Speakr

By Order
9th December 1762
Wm Herritage Clk

Gentlemen of His Majesty's Honble Council

This House Have Resolved that the Treasurers be Impowered by Bills of Exchange to draw for the money allowed to this Province by Parliament And now in the hands of James Abercrombie & Samuel Smith Esqrs to which Resolve we desire your Honors concurrence

JNo ASHE Speaker

By order
9th December 1762
Wm Herritage Clk

The House adjourned till 10 oClock tomorrow morning

-------------------- page 886 --------------------

Fryday morning December 10th 1762. The House met According to adjournment
Present.
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry E. McCulloch Esqr
The Honble Lewis De Rossett Esqr
The Honble Alexd McCulloch Esqr
The Honble Richd Spaight Esqr

Received from the Assembly by Mr. Smith & Mr. Taylor the following Bills, to wit,

A Bill to Impower the several Inferior Courts of Pleas and Quarter Sessions to Try all causes commenced in the late Inferior Courts when the Debt Damage &c do not Exceed Fifty Pounds Proclamation Money.

On motion read the third time and passed; Ordered to be Engrossed

A Bill to Establish a Ferry from Solleys Point to Relfes Point whereon the Court House now stands on Pasquotank River

On motion read the second time & passed

On motion ordered that the following Bills be read, to wit,

A Bill to apply the money already Levied on the Taxable Inhabitants of Currituck County by Virtue of An Act Intituled An Act to amend and improve the Navigation from Currituck Inlet thro the District in Currituck County to Albemarle, read the third time and passed Ordered to be Engrossed.

A Bill for to Encourage Joseph Howell to Build a Bridge over Tarr River at or near the place called Howell's Ferry at Tarborough in Edgecomb County

Read the third time and passed; Ordered to be Engrossed

Reced from the Assembly by Mr. Sawyer & Mr. Jones A Bill to Establish a Ferry from Solleys Point to Relfes Point whereon the Court House now stands on Pasquotank River

On motion Read the third time & passed; Ordered to be Engrossed

Received from the Assembly, The Reports of the Committee of Accounts and the Reports of the Committee of Claims this and last sessions for the Concurrence of this House, which On motion were read & Concurred with And sent back to the Assembly.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday morning December 11th 1762. The House met according to Adjournment
-------------------- page 887 --------------------
Present
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry E. McCulloch Esqr
The Honble Lewis De Rossett Esqr
The Honble Alexd McCulloch Esqr
The Honble Richard Spaight Esqr

On motion, Ordered that the following Message be sent to the Assembly to wit.

Mr. Speaker & Gentlemen of the Assembly

Anthony Duboise having the last Session of Assembly put in a Claim for Ferriages of some Soldiers which was not then allowed of, but as we perceive that you have allowed this Session Joseph Moth Ferriage of the same soldiers Three Pounds Proclamation Money We would propose to you to make a Resolve to allow the said Duboise Six pounds, the rate of his Ferry being twice as much as that of Moths

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JNo BURGWIN Clk.

By order
10th December 1762

Received from the Assembly the following Message to wit

Gentlemen of his Majesty's Honble Council

In Answer to a Message from His Excellency the Governor this House have Resolved that the sum of Four Hundred and Fifty Pounds Proclamation Money with Interest the Purchase Money for the Tower Hill Land be paid to His Excellency by Bills to be drawn at the Current Exchange out of the hands of James Abercrombie and Saml Smith Esqrs in London, to which this House Desire your Honrs Concurrence

JNo ASHE Speaker.
Wm Herritage Clk.

By Order
11th December 1762

On motion the foregoing resolve was read and taken into Consideration and Concurred with.

JAS HASELL P. C.

Then on Motion, Ordered that the Resolve of the Assembly of the 9th Instant relative to the Treasurer being Impowered to draw for the Money allowed this Province by the Parliament of Great Britain, be read. The same was accordingly read and taken into Consideration,

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And Ordered that the following Message be sent to the Assembly, to wit

Mr. Speaker and Gentlemen of the Assembly

On Considering your Resolve of the 9th Instant relative to the Treasurer being Impowered to draw for the Money allowed this Province by the Parliament of Great Britain We cannot agree thereto. But if you will make a Resolve of your House to Impower the Treasurer of the Southern district to draw for any sum not Exceeding three Thousand five Hundred Pounds Starting for the highest advance that can be got towards the discharging of Debts due by the Public for Contingences & payment of the Governor and no other purposes whatsoever And that the said Treasurer shall before he draw the said Bills Enter into Bond with Security in the sum of £10,000 Proclamation Money payable to the Governor or Comr in Chief for the time being conditioned for his well and faithfull Accounting for the same And that he be allowed One p cent for his trouble, We will agree to such a Resolve

JNo BURGWIN.

By order
11th December 1762

On Motion Ordered that the following Message be sent to the Assembly to wit,

Mr. Speaker and Gentlemen of the Assembly

On Considering the Resolve of your House for Continueing James Davis Printer to this Province We cannot agree thereto, but if you will make a Resolve to Impower him to Print the Laws passed this Session and the Journal of this Assembly and allow him an Adequate sum for the same and for Transmitting the Laws to the Several Counties, we will concurr therewith

JNo BURGWIN Clk.

By order
11th December 1762

Received from the Assembly the following Resolves, to wit,

Gentlemen of His Majesty's Honble Council.

This House have Resolved that the Treasurer do Provide new Gowns for the Door Keeper; & Mace Bearer to the Council And also to the Door Keeper and Mace Bearer to this House And that they pay the Charge thereof out of the Contingent Fund And that they

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be allowed the same on passing their Accounts with the Public to which desire your Honrs Concurrence

JNo ASHE Speaker

In the Assembly, 11th December 1762
By Order
Wm Herritage Clk

11th December 1762 In the Upper House Concurred with

By Order

JNo BURGWIN

Gentlemen of His Majesty's Honble Council

In Answer to your Message regarding the allowance to Anthony Duboise for Ferriage of some soldiers, This House have Resolved that the said sum of six pounds agreeable to your said Message be paid to the said Duboise for the Services aforesaid.

JNo ASHE Speaker

In the Assembly 11th December 1762
By order
Wm Herritage Clk.

11th December 1762 In the Upper House Concurred with

JAS HASELL P C
By order
J B. Clk.

On Motion the Resolve Relating to Timothy Clare Dated the 20th November was taken into Consideration and Concurred with.

Received from the Assembly their Estimate of allowance and Expences of that Clause [House] which was read, Concurred with and sent back.

Sent to the Assembly the Estimate of allowance and Expences of this House for their Concurrence And received the same back concurred with.

JNo ASHE Speakr

Received from the Assembly the following Resolve viz

Gentlemen of His Majesty's Honble Council

This House have Resolved that James Davis Printer do Print the Laws passed this Session and the Journal of the Assembly and Transmit the said Laws to the several Counties in this Province And that he be paid by the Public Treasurers for the same the sum of Two Hundred Pounds Proclamation Money to which desire your Honrs Concurrence

JNo ASHE Speakr
By ordr
Wm Herritage Clk
-------------------- page 890 --------------------

Received from the Assembly by Mr. Moore and Mr. Harvey the following Message to wit.

Gentlemen of His Majesty's Honble Council

We are sorry we cannot agree to the Purport of your Message relative to the Impowering the Treasurer to draw for only part of the Money belonging to this Province in the hands of James Abercrombie and Samuel Smith Esqrs as We conceive it highly Necessary to draw for the whole of that Money least it shod be returned into the Treasury And thereby cause an Expence to this Province which should our Resolve take Effect will be Avoided We therefore hope your Honrs will Concur with the Resolve of this House sent you relative to the said Money

JNo ASHE Speakr
Wm Herritage Clk.

By ordr
11th Decr 1762

His Excellency the Governor came to this House and Order'd the immediate Attendance of the lower House whereupon the Speaker attended by the Lower House waited on His Excellency Accordingly And presented to him the following Acts for His Assent.

1st An Act for Dividing this Province into five several Districts and for Establishing a superior Court of Justice in each &c

2nd An Act for Establishing Inferior Courts of Pleas and Quarter Sessions

3rd An Act to Impower the several Inferior Courts to Try all causes commenced in the late Inferior Courts when the Debt or Damage do not Exceed Fifty Pounds.

4th An Act Directing the method of Appointing Jury men in all Causes &c

5th An Act for making provision for an Orthodox Clergy &c

6th An Act for the better care of Orphans, &c

7th An Act appointing the method of distributing Intestates Estates

8th An Act for the Relief of poor Debtors as to the Imprisonment of their persons.

9th An Act for the further Continueing and Amending an Act for appointing a Militia and also to Amend and Continue One other Act Intituled an Act for appointing a Militia

10th An Act for the more easy recovery of Money due upon Promissory Notes &c

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11th An Act to amend and continue An Act for Facilitating the Navigation of Port Bath &c

12th An Act to lay a Tax on the Inhabitants of several Counties of the District of Halifax Superior Court for to Build a Goalers House repair the Prison

13th An Act for Dividing Anson County

14th An Act for Establishing a Town on the Lands of John & Wm Russell Minors near the mouth of Cross Creek by the name of Campbelton &c

15th An Act for Establishing a Town on the Lands of Wm Herritage in Dobbs County

16th An Act to Enable the Comrs of the Church of Edenton to discharge their Contracts &c

17th An Act for Increasing the salarys of Inspectors of Tobacco at Halifax &c

18th An Act to apply the Money already Levied on the Inhabitants of Currituck County by Virtue of an Act Intituled An Act for the Amendment of the Navigation &c

19th An Act to Enable Thomas Bonner Junr late Sheriff to collect Taxes &c

20th An Act for Enlargeing the Time allowed for Saving Lotts in the Town of Hertford &c

21st An Act for altering the method of working on the Roads in the Countys of Duplin Cumberland Rowan & Anson

22nd An Act to impower the Comrs therein mentioned to make a Road thro' Colleys Swamp

23rd An Act to impower the Comrs therein mentd to make a Road through Regan Swamp

24th An Act to Establish a Road in Currituck County.

25th An Act to amend and further Continue an Act to Establish a Ferry from Newbys Point to Phelps Point on Perquimons River.

26th An Act to Establish a Ferry from Solleys Point to Relfes Point

27th An Act for Destroying Vermin in Orange & Other Counties

28th An Act to Encourage Joseph Howell to Build a Bridge over Tarr River

An Act for Establishing Vestries and other Purposes

An Act for Dividing Granville County

An Act for Ascertaining a proper place to Build a Court House &c In Edgecombe County

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An Act for Destroying Crows Black Birds & Squirrels on the Sound in New Hanover County

To which Acts his Excellency was pleased to give his Assent Except the four last which he Rejected.

On motion ordered that the following Message be sent to the Assembly to wit

Mr. Speaker & Gentlemen of the Assembly

As our Clerk Omitted to make a Charge in the Estimate for the Use of the House in which we sit and the fire and Candles found by Mr. Peter Conway, We are to desire that you would make a Resolve that the said Peter Conway should be allowed the sum of Fifteen Pounds for the aforesaid Services

By order
JNo BURGWIN

Received from the Assembly the foregoing Message concurred with

JNo ASHE Speakr
By Order
Wm Herritage Clk.

On motion Ordered that the following Message be sent to the Assembly, to wit,

Mr. Speaker & Gentlemen of the Assembly

On Reading your Resolve for allowing James Davis Two Hundred Pounds to Print the Laws passed this Session &c We think the Sum much too great for the service he is to perform and cannot agree thereto, Therefore would Propose that a Resolve be made to continue the Act Appointing him Printer for six Months longer

By Order
11th Decr 1762
JNo BURGWIN

Then the House Adjourned till Monday Morning 10 oClock

I hereby certifye that the foregoing Pages contain a true copy of the Journal of the Upper House of Assembly at November Session 1762.

JNo BURGWIN Clk