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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 03, 1762 - December 11, 1762
Volume 06, Pages 893-965

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

North Carolina—ss.

At an Assembly begun and held at New Bern the third day of November in the third year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith, and so forth, and in the Year of our Lord One Thousand seven Hundred and sixty two, being the first Session of this Present Assembly.


Wednesday the 3d November 1762.

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

Chowan County—Mr. Francis Corbin, Mr. Edward Vail, Mr. William Boyd, Mr. John Vail, Mr. Joseph Creecy.

Dobbs County—Mr. Richard Caswell, Mr. Frans Mackilwean.

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

Craven County—Mr. Joseph Leech, Mr. Thos Pollock.

Currituck County—Mr. Willm Cumming, Mr. Henry White, Mr. Samuel Barnard, Mr. Willis Ethridge, Mr. Wm Farebee.

Pasquotank County—Mr. Thos Taylor Senr, Mr. Saml Swann Jr, Mr. Thos Sawyer, Mr. Joseph Jones, Mr. Leml Sawyer.

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

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

Duplin County—Mr. Jos. Williams, Mr. Felix Kenan.

Tyrrill County—Mr. William Mackey, Mr. Edmund Smithwick, Mr. Stephens Lee, Mr. Francis Ward, Mr. William Currell.

Northampton County—Mr. Anty Armistead, Mr. Thomas Pace.

Bertie County—Mr. Cullen Pollock, Mr. George Pollock, Mr. William Gray.

Edenton—Mr. Samuel Johnston.

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

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

Bath Town—Mr. Wyriot Ormond.

Perquimons County—Mr. Benjamin Harvey, Mr. John Harvey, Mr. Thomas Bonner, Mr. William Skinner, Mr. Charles Blount.

New Hanover County—Mr. John Ashe, Mr. Alexr Lillington.

Brunswick Town—Mr. Mau. Moore.

Beaufort County—Mr. John Barrow, Mr. James Ellison.

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New Bern Town—Mr. Alexander Elmsley.

Pursuant to which the Forty five appeared.

Mr. Johnston and Mr. Caswell waited on his Excellency the Governor, and acquainted him that a Majority of the Members of this Assembly were met and being returned brought for Answer that his Excellency said he would send two of the Members of his Majesty's Council to qualify them.

Richard Spaight and John Sampson Esquires two of the Members of his Majesty's Council came to the House and the above Forty five Members took the Oaths of Government by Law appointed for their qualification, Subscribed the test and took their Seats.

His Excellency the Governor sent a Message requiring the attendance of the Members in the Council Chamber immediately.

The Members qualified waited on his Excellency the Governor in the Council Chamber. Then His Excellency directed them to return and make Choice of a Speaker and present him for his approbation.

The Members returned and Mr. Samuel Swann proposed and set up John Ashe Esquire for Speaker, and he was accordingly Chosen, and was placed in the Chair.

Two Members waited on his Excellency the Governor and acquainted him that the Members Agreeable to his Directions had made Choice of a Speaker and desired to know when they should wait on his Excellency and Present him, who on their return, Reported that his Excellency would receive the House at four oClock afternoon.

Then the House Adjourned till half past 3 oClock Afternoon.

P. M. The House met according to Adjt

The House waited on his Excellency the Governor in the Council Chamber and presented John Ashe Esquire for their Speaker.

His Excellency was pleased to approve of their Choice, made a Speech to his Majesty's Council and this House, Mr. Speaker with the House returned, and Mr. Speaker acquainted the House that his Excellency made a Speech to his Majesty's Council and this House, a Copy of which to prevent mistakes he had obtained, and laid the same before the House.

Then on motion ordered the same be read, read the same, and is as follows, to wit,

[For the Governor's Speech see Journal of Upper House—Editor.]

Then on motion Mr. Elmsley, Mr. Swann, Mr. Starkey, Mr. Corbin

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and Mr. John Harvey, are appointed a Committee to prepare an Address in answer to the Governors Speech and lay the same before the House for approbation.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday 4th November 1762. The House met according to Adjournment

The Clerk of the Crown returned Certificates of the Writs of Elections of Members for the following Counties, to wit, Cumberland, Edgcomb and Halifax whereby it appears that Mr. Hector McNeill and Mr. Alexander McAlister are Elected Members for Cumberland County Mr. Samuel Ruffin and Mr. Joseph Howell Members for Edgcomb County and Mr. Blake Baker and Mr. John Bradford Members for Halifax County who appeared, Except Mr. Alexr McAlister and also appeared Mr. Thomas Pollock one of the Members of Craven County and Mr. Thomas Taylor one of the Members for Pasquotank County and took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House.

On motion ordered that the Clerk of the Crown attend the House to answer whether he issued a Writ for Electing Members to serve in this Present Assembly for the County of Granville, Pursuant to which order the Clerk of the Crown appeared, and declared that such a Writ issued from his office for electing Members for the said County of Granville, answered in the affirmative. but no return of the Execution thereof, was yet made.

Resolved, that Thomas Person Sheriff of the County of Granville attend this House to shew wherefore he has not returned the Writ for Electing Members for the said County to sit in this Present Assembly

Ordered that the Clerk make out a Copy of the above order to be served on the said Thomas Person.

Mr. Swann moved that his Excellency be addressed to lay before the House the several repeals and other papers which his Excellency mentions in his Speech at the opening of this Session

Resolved his Excellency be addressed accordingly, as follows

Sir,

The Assembly desire your Excellency will be pleased to lay before them the several repeals and other papers you are pleased to mention in your Speech at the opening of the Session

JOHN ASHE Sp.
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Ordered that Mr. Elmsley, Mr. Leech, Mr. Corbin, Mr. Maurice Moore, Mr. John Harvey, Mr. Charles Blount be appointed a Committee for stating and settling the Public Accounts and that Mr. Starkey, Mr. Bartram, Mr. John Barrow, Mr. Armistead, Mr. Smithwick, Mr. Lillington, and Mr. Cullen Pollock on the Claims, in Conjunction with such of his Majesty's Council as they shall think proper to appoint

And that the following Message be sent to his Majesty's Honorable Council, Vizt

Gentlemen of His Majesty's Honble Council

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

JOHN ASHE Sp.

Sent by Mr. Williams and Mr. Mackilwean

Mr. Baker moved that a Committee of Privileges and Elections be appointed and Mr. Corbin, Mr. Baker, Mr. Swann, Mr. Elmsley, Mr. John Barrow, Mr. Starkey, Mr. John Harvey, Mr. Cumming, Mr. Johnston, Mr. Caswell, Mr. Cullen Pollock, Mr. Benjamin Harvey, Mr. Samuel Swann Junr., Mr. Lillington and Mr. Ellison are accordingly appointed

Mr. Swann moved that a Committee of Propositions and Grievances be appointed, and Mr. Elmsley, Mr. John Barrow, Mr. McNeill, Mr. Smith, Mr. Johnston, Mr. Joseph Williams, Mr. Bryan, Mr. Starkey, Mr Lillington, Mr. Thomas Pollock, Mr. Corbin, Mr. Samuel Swann Junr, Mr. John Backhouse, Mr. Howell, Mr. Bradford, Mr. Ormond, Mr. Currell, Mr. Mackilwean, Mr. Armistead, Mr. Charles Blount, and Mr. Henry White are accordingly appointed

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Having received from Mr. Burgwin private Secretary to his Excellency, Copies of Several Papers sent from his Excellency the Governor, the Clerk laid the same before the House, to wit,

1. A Copy of a Representation from the Board of Trade to his

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Majesty upon the three Acts passed in the Province of North Carolina in May 1760. Dated 3d December 1761

2. Copy of the repeal of the three Acts passed in May 1760, with the Copy of an order of Council of 14th December 1761

3. Copy of Letter from Lords of Trade to Arthur Dobbs Esquire Governor of North Carolina dated December 22d 1761

4. Copy of a Representation from the Lords of Trade to his Majesty upon the three Acts Passed in the Province in North Carolina April 1761: with Sr Matthew Lamb's opinion Dated February 1762

5. Copy of Letter from the Lords of Trade, February 17th 1762

6. Copy of Letter from the Lords of Trade, April 14th 1762.

Ordered the same be read, The same were read

Ordered the several papers above mentioned lye on the Table for Consideration

Then the House Adjourned 'till 10 oClock Tomorrow morning


Friday 5th November 1762 The House met according to Adjournment

The Clerk of the Crown returned Certificates of the due Election of Cornelius Harnett Esqr Representative for the Borough of Wilmington, and also a Certificate of the due Election of John Frohock and John Kerr Esquires Representatives for the County of Rowan, Pursuant to which Mr. Cornelius Harnett appeared

John Sampson and Alexander McCulloch Esquires two of the Members of his Majesty's Council came to the House, and the said Cornelius Harnett took the Oath by Law appointed for his qualification, Subscribed the Test and took his Seat in the House.

Mr. Johnston presented the Petition of Peter Blin complaining of an undue Election of Wyriot Ormond Gent for the Town of Bath

Resolved the said Petition be referred to the Committee of Privileges and Elections and that they report their doings thereon to the House

Then the House adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Mr. John Harvey produced the affidavit of Thomas Person Esqr Sheriff of Granville County in which he says that no Writ of Election for Representatives for the County of Granville (if any issued from the Clerk of the Crown) ever came to his hands nor to the hands of any Person to his knowledge, nor that he is any wise privy to the Concealment of the same &ca

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Ordered the same be read, the same is read

Ordered the same lye for consideration

Mr. Swann from the Committee appointed to prepare an address in answer to his Excellency the Governors Speech at the opening of this Session, reported that the Committee had prepared an address in Answer to his Excellency's said Speech and laid the same before the House for approbation, which is ordered to be read, Read the same

Then on motion Resolved the House Resolve into a Committee of the whole House to Consider the said Address

The House Resolved into a Committee of the whole House, and unanimously Chose Mr. Starkey Chairman, after some time spent therein Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee had under Consideration the said Address, but not having time to go through the whole, desire leave to sit again to morrow.

Resolved the House resolve into a Committee of the whole House to morrow

Mr. Leech laid before the House the Deposition of Benjamin Person regarding the Indisposition of Thomas Person Esqr Sheriff of Granville County in which is deposed, that the said Thomas Person was on Friday the 29th last Month Ill with a violent cold and Inflamation in one of his Legs, and that he believes was the only reason why the said Thomas did not attend this House, which was read, and likewise it appearing to the House by the affidavit of the said Thomas Person and otherwise that the Writ of Election for Members to serve in this Present Assembly never came to the hands of the said Thomas Person.

It is therefore ordered that his Excellency be Addressed to direct the Clerk of the Crown to issue a Writ for Electing two Members for the said County of Granville to sit and Vote in this Present Assembly as follows, to wit

Sir

It having been made appear to this House that the Writ for Electing Members to sit and Vote in this Present Assembly for the County of Granville never came to the hands of the Sheriff of that County; This House therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ to Elect two Representatives for the said County to sit and vote in this Present Assembly.

Then the House Adjourned till 10 oClock Tomorrow Morning

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Saturday 6th November 1762 The House met according to Adjournment

On Motion ordered Mr. Harnett be added to the Committee of Accounts

Mr. Harvey presented a Certificate from the County Court of Perquimons County thereby Certifying that John Morris of said County is a very poor Lame person and unable to get a Livelihood and recommending him to be exempt from paying public Taxes and doing Public Duties Granted

Mr. Baker presented a Certificate from the County Court of Edgcombe therein Certifying that John Bradly of said County is a poor person and recommending him to be exempt from paying Public Taxes and doing Public Duties, Granted

Mr. Boyd presented a Certificate from the County Court of Chowan thereby Certifying that Jacob Privet of said County is a very Infirm man and sixty three years of Age, and Recommending him to be exempt from Paying Public Taxes Granted

Mr. Smith presented a Certificate from the County Court of Hyde County thereby Certifying that Joshua Walls of said County is a lame man and very poor and recommending him to be exempt from paying Public Taxes and doing Public Duties Granted

Mr. Williams presented a Certificate from the County Court of Duplin thereby Certifying that Richard Adam of said County is a poor, lame and decreped man and unable to get his living and recommending him to be exempt from paying Levies Granted

The order of the Day being read the House Resolved into a Committee of the whole House and Mr. Chairman took the Chair, Then the Committee resumed the debates on the subject Matter of the Address, and after some time spent Mr. Speaker resumed the Chair Mr. Chairman reported that the Committee had considered the subject matter of the said Address and came to several Resolutions thereon, and acquainted the House therewith on which the House

Resolved the same stand the Address of this House and be entered on the Journal thereof, as follows, to wit,

To His Excelly Arthur Dobbs Esqre Capt: General Governor & Commander in Chief in and over His Majesty's Province of North Carolina.

The Address of the Assembly of the sd Province

Sir,

We His Majesty's most Dutifull and loyal Subjects the Members

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of the Assembly of the Province of North Carolina return your Excellency our thanks for your speech at the opening of this Session of Assembly and beg leave to congratulate your Excelly on the great and glorious success of His Majestie's arms in the West Indies, in which we can never enough admire the courage and ardour of our troops and seamen which as your Excelly justly observes neither sickness nor even death itself could abate.

We rejoyce at the opportunity your Excelly has at last afforded the Province of considering its interior Government which for some time past your Excellency has been pleased to refuse, but upon such conditions as were deem'd incompatable with its interest.

It is with the greatest concern we learn that His Majesty has been pleased to disallow of so many of our Acts of Assembly, and the more so as many of them in their effects and operation were of the utmost importance to the welfare and happiness of His Majesty's Subjects in this Province. The frequent repeals of our Laws for establishing Courts of Judicature makes us almost dispair of ever being able to form a Law for that purpose which may be thought worthy of the royal Approbation, and when we examine the several Papers which your Excy has been pleased to lay before us, and consider of the reasons assigned for the repeal of the several Laws heretofore enacted for establishing Courts of Law we doubt we shall with difficulty be able to form any Act that may not be lyable to some or other of the exceptions taken to the several Court Laws already repeal'd, but as we observe the general plan of the Acts for establishing the several Superior and Inferior Courts lately repealed has not been disapproved of we shall proceed to prepare Laws as nearly as we can on the same principles taking care to leave them as little exceptionable as possible.

We do not know that this Assembly has ever made any opposition to or encroachment upon the just Prerogative of the Crown, and if your Excelly is pleased to understand the appointment and qualification of the late Associate Justices as such an Opposition and Encroachment we desire your Excelly will be pleased to permit us to mention in excuse of the Members of that Assembly at which the said Justices were appointed, that they had not only the example of our Mother Country as a Precedent but that then and even now the Judges of some other of His Maj:'s Provinces in America are appointed in the same manner, & we humbly conceive it is not an absurd construction of the Act of Parliament for the further limitation

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of the Crown and better securing the rights and liberties of the subject, to suppose it at least in the reason & intention of it to include as well His Majesty's subjects abroad as those at home, and the short experience we have had of the Act so much complained of convinces us that the utility of Judges of Law depends not more upon their learning and understanding than on their integrity and independence.

We are sorry to observe that the reasons for the repeal of the Laws for establishing Vestries and making Provision for an Orthodox Clergy have not been communicated that we might have taken proper notice of them in re-enacting the said Laws.

The other particulars your Excelly has been pleased to recommend to us we shall not fail to pay a due attention to.

JOHN ASHE, Speaker

8. Novr 1762.

Mr. Starkey presented a Certificate from the County Court of Chowan thereby Certifying that John Owens of said County is an infirm man and recommending him to be exempt from Paying Public Taxes Granted

Mr. Needham Bryan presented a Certificate from the County Court of Johnston thereby Certifying that Stephen Strickland son of Samuel Strickland is an Idiot and incapable of getting his Living, and Recommending him to be Exempt from Paying Public Levies Granted

Mr. Needham Bryan presented a Certificate from the County Court of Johnston thereby Certifying that Charles Bury of said County is Blind and in low Circumstances, and Recommending him to be exempt from paying Public Taxes, and doing Public duties, Granted

Mr. Armistead presented a Certificate from the County Court of Northampton thereby Certifying that Joseph Gardener of said County is aged, his Limbs dislocated, and Troubled with a Rupture which have rendered him incapable of getting a Living, and Recommending him to be exempt from paying Public Taxes and doing Public duties, Granted.

Mr. Leech presented a Certificate from the County Court of Craven thereby Certifying that George Lewis of said County is aged, infirm and poor, and poor, and Recommending him to be exempt from paying Public Taxes and working on the Roads Granted

Mr. Leech presented a Certificate from the County Court of Craven

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thereby Certifying that Edward McSwain of said County is sickly and infirm and recommending him to be exempt from paying Public Taxes and working on the Roads

John Sampson and Alexander McCulloch Esqrs Members of his Majesty's Council came to the House, and Mr. William Skinner one of the Members of Perquimons County, and Mr. William Gray one of the Members for Bertie County appeared took the Oaths by Law appointed for their qualification, subscribed the test, and took their seats in the House.

Then the House adjourned till 9 oClock Monday morning


Monday 8th November 1762 The House met according to Adjournment.

Then the House Adjourned till 2 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council a paper purporting [to be] a Message signed by their Clerk only—as follows, to wit

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to the Committee, We have appointed the Honorable John Rutherford, Richard Spaight, and Alexander McCulloch Esqrs a Committee of this House to examine state and settle the public Accounts; and the Honorable Lewis De Rossett and John Sampson Esquires a Committee of this House to settle and allow the Public Claims In the upper House November 6th 1762

Resolved the same lye over for Consideration

Two members waited on his Excellency the Governor, and acquainted him the house had prepared an Address in answer to his Speech, at the opening of this Session, and Desired to know when his Excellency would be pleased to receive them, and being returned brought for answer that his Excellency desired the immediate attendance of the House in the Council Chamber

Mr. Speaker with the House waited on his Excellency the Governour in the Council Chamber, and Mr. Speaker presented the Address of this House to his Excellency who was pleased to return an answer thereof, a Copy of which to prevent mistakes Mr. Speaker acquainted the House he had obtained, and laid the same before

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the House which is ordered to be read, read the same as follows, to wit

I return you my thanks for your congratulations in the great and Glorious success of his Majesty's Arms in the West Indies.

I am not conscious of having refused you an opportunity of considering the Interior Government of the Province, on the Contrary I have frequently by calling you together put it in your power to take the same into your Consideration and if by endeavoring to Infringe upon his Majesty's Just Prerogatives, I have been obliged to prorogue or dissolve you the blame must lie upon yourselves.

I shall not enter upon any discussion of your Pretensions against the Kings Prerogatives or my Instructions, but if, on your framing any Bills you will attend me with the heads of them, I shall let you know how far I can go in the passing of them.

Mr. Elmsley moved that a Committee be appointed to prepare and bring in a Bill for Establishing Superior Courts of pleas and Grand Sessions and regulating the proceedings therein, and Mr. Swann, Mr. Elmsley and Mr. Starkey are accordingly appointed.

Mr. Elmsley moved that a Committee be appointed to prepare and brings in a Bill for Establishing Inferior Courts of pleas and quarter Sessions within the several Counties in this Province, and Mr. Baker, Mr. Harnett and Mr. Caswell are accordingly appointed.

Mr. Elmsley moved that a Committee be appointed to prepare and bring in a Bill for the better care of Orphans and Security and better Management of their Estates, And Mr. Starkey, Mr. John Harvey, and Mr. Johnston are accordingly appointed.

Mr. Elmsley moved that a Committee be appointed to prepare and bring in a Bill for making provision for an Orthodox Clergy, and Mr. Cumming, Mr. Cullen Pollock and Mr. Barrow are accordingly appointed.

Mr. Johnston moved that a Committee be appointed to prepare and bring in a Bill for Establishing Vestries in the several Parishes within this Province, and Mr. Starkey, Mr. John Barrow, Colo Benja Harvey, Mr. Blount, and Mr. Smith are accordingly appointed.

Mr. Swann moved that a Committee be appointed to prepare and bring in a Bill for Amending and Continuing the Act for Inspection of Tar, Pitch, Turpentine, Beef, Pork &ca And Mr. Skinner, Mr. Blount, Mr. Caswell, Mr. Harnett, Mr. Lillington, Mr. Backhouse,

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Mr. Baker, Mr. Leech, Mr. Sawyer, Mr. Bradford, Mr. Ward, Mr. Barnard, and Mr. Mackilwean are accordingly appointed

Then the House adjourned till 10 oClock to-morrow morning.


Tuesday 9th November 1762. The House met according to Adjournment

Mr. Swann presented the Petition of Robert Jones junr Complaining of an undue Election of a Member to serve in this Present Assembly for the Town of Halifax. Praying the said Sheriff may be called upon to make a return of his Proceedings in the said Election and that the Petitioner may be admitted to prove his Alligations &ca

Ordered the said Petition be referred to the Committee of Privileges and Elections.

Mr. Swann presented the Petition of Sundry Inhabitants of the said Province Complaining that by [law] free Negroes and Mulatto's are Compelable to Inlist their Wives and their Children at Twelve years of Age. Praying relief

Ordered the same lie for Consideration

Then the House Adjourned till 10 oClock To morrow morning


Wednesday 10th November 1762. The House met according to adjournment

Mr. Leech presented a Certificate from the County Court of Craven thereby Certifying that John Chilley of said County is greatly afflicted with Convulsion fits, and recommending him to be exempt from Paying Public Taxes.

Ordered he be exempt accordingly during the time his Infirmity continues.

Mr. Leech presented a Certificate from the County Court of Craven thereby Certifying that John Reasonover of said County is infirm, and in very Indigent Circumstances, and recommending him to be exempt from paying Public Taxes. Granted

Mr. Blount moved that a Committee be appointed to prepare and bring in a Bill to continue and amend the Navigation Act, and Mr. Blount, Mr. Leach and Mr. Caswell are accordingly appointed

The Clerk of the Crown returned a Certificate of the due Election of Hugh Waddell and William Bartram, Esqrs representatives for Bladen County, and also a Certificate of the due Election of Nathaniel Alexander and Anthony Hutchins Esqrs Representatives for Anson County

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John Sampson and Alexander McCulloch Esqrs two of the Members of his Majestys Honble Council came to the House, and Mr. Waddell, Mr. Bartram, Mr. Mackey, Mr. Sawyer, Mr. Vail, Mr. Hutchins, Mr. Alexander, and Mr. John Frohock appeared, took the Oaths appointed by Law for their qualification subscribed the Test and took their Seats in the House

Then the House adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Then the House adjourned till 10 oClock Tomorrow morning


Thursday 11th November 1762 The House met according to Adjournment

Then the House adjourned till 3 oClock afternoon

P. M. The House met according to adjournment

Mr. Swann from the Committee appointed to prepare and bring in a Bill for Establishing Superior Courts of pleas and Grand Sessions and regulating the Proceedings therein, reported that the Committee had prepared the same, which he read in his place, and Delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Johnston and Mr. Baker

Mr. Barrow from the Committee appointed to prepare and bring in a Bill for making Provision for an Orthodox Clergy reported that the Committee had prepared the same, which he read in his place and Delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Cumming and Mr. Hutchins

Henry Eustace McCulloch and Alexander McCulloch Esqrs two of the Members of his Majesty's Council came to the House and Mr. Joseph Jones one of the Members for Pasquotank County appeared took the Oaths by Law appointed for his qualification subscribed the test and took his Seat in the House

Then the House adjourned till 9 oClock Tomorrow morning


Friday 12th November 1762. The House met according to Adjournment.
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Mr. Starkey from the Committee of Privileges and Elections reported that the said Committee had taken the Petition of Peter Blinn referred to them by the House Complaining of an undue return of Wyriot Ormond Gent. for a Representative for Bath Town into Consideration heard the allegations and proofs on both sides and have Resolved that the said Wyriot Ormond is duly Elected and returned a Member for Bath Town.

Then on motion resolved the House Concur with the said report,

Mr. Starkey from the Committee appointed to prepare and bring in a Bill for the Better care of Orphans and Security and Management of their Estates Reported the Committee had prepared the same, which he read in his place, and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Smith and Mr. Taylor.

Mr. Elmsley moved a Committee be appointed to prepare and bring in a Bill for Continuing the Garrisons of Fort Johnston and Fort Granville and other purposes, and Mr. Elmsley, Mr. Starkey and Colo John Harvey are accordingly appointed.

Mr. Baker from the Committee appointed to prepare and bring in a Bill for Establishing Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province reported the Committee had prepared the same which he read in his place, and delivered in at Table, where the same was again read by the Clerk passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Smith and Mr. Taylor.

Mr. Baker moved for leave to present a Bill to provide Indifferent Jurymen in all Causes Criminal and Civil,

Ordered he have leave accordingly.

Mr. Baker presented the above mentioned Bill which he read in his place and Delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Smith and Mr. Taylor.

Mr. Baker moved for leave to present a Bill for the more easy rocovery of Debts due by Promissory Notes, and to render such Notes Negotiable

Ordered he have leave accordingly

Mr. Baker presented the above mentioned Bill which he read in

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his place and Delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Baker and Mr. Lillington

Mr. Caswell from the Committee appointed to prepare and bring in a Bill to amend and continue an Act Intitled an Act to regulate the Inspection of Pork Beef, Rice, Flour, Butter, Indigo, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber and Deerskins, reported that the Committee had prepared the same which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Sent the same to the Council by Mr. Baker and Mr. Lillington

Received from the Council the Superior Court Bill Endorsed 12th November 1762, In the Upper House of Assembly read the first time and passed, and,

The Bill for making Provision for an Orthodox Clergy Endorsed 11th November in the upper House of Assembly read the first time and Passed.

Then the House Adjourned till half past 3 oClock.

P. M. The House met according to adjournment

Received from the Council the following Bills, to wit,

The Bill to Establish Inferior Courts of pleas and quarter Sessions in the Several Counties &ca

And the Bill for the Better care of Orphans and Security and management of their Estates, Endorsed 12th November 1762 In the upper House of Assembly read the first time and passed, and also,

A Bill to ascertain the Bounds of the several Counties within his Majestys District Endorsed 12th November 1762, In the upper House of Assembly read the first time and passed

On Motion ordered the Bill to ascertain the Bounds of the several Counties within his Majestys District, be read the first time, read the first time passed and ordered to be sent to the Council

Sent the said Bills to the Council by Mr. —— and Mr. Harnett

Mr. Baker moved for leave to bring in a Bill to lay a tax on the Inhabitants of the several Counties in the District of Halifax Superior Court to rebuild the prison thereof and other purposes

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

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Mr. Hutchins presented the petition of several of the Inhabitants of Anson County praying a Division of said County, and that a Bill be brought into the House for that purpose

Ordered that a Bill be brought in pursuant to the prayer of the said Petition and that Mr. Hutchins prepare and bring in the same

Then the House Adjourned till 9 oClock Tomorrow Morning


Saturday 13th November 1762 The House met according to Adjournment

Mr. Kenan presented the petition of several of the Inhabitants of Duplin County Complaining of the great Inconveniences the Inhabitants and others lie under by the neglect of some of the Commissioners of the Roads in said County, Praying a Law may be brought in to vest the Authority of the said Commissioners in the County Court

Ordered Mr. Kenan prepare and bring in a Bill for that Purpose

Mr. Kenan presented a Bill for altering the Method of working on the Roads and appointing Public Ferries within the County of Duplin, which he read in his place and Delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Pollock and Mr. Harnett

Received from the Council the Bill for appointing Jurymen in all Causes Criminal and Civil

The Bill for the more easy recovery, of money due upon Promisory Notes and to render such notes Negotiable, Endorsed 12th November 1762. In the upper House of Assembly read the first time and passed, and,

The Bill to amend and Continue an Act to regulate the Inspection of Pork, Beef, &ca Endorsed 12th November 1762 In the Upper House of Assembly, read the first time amended and passed

On motion Ordered the Bill for Establishing Superior Courts of Pleas and Grand Sessions and Regulating the proceedings therein be read, read the same,

Then on motion Resolved the House Resolve into a Committee of the whole House to Consider the Subject Matter of the said Bill

The House Resolved into a Committee of the whole House and chose Mr. Starkey Chairman, after some time spent therein, Mr. Speaker resumed the Chair, Mr. Chairman reported that the Committee

-------------------- page 907 --------------------
had had the said Bill under Consideration and agreed to several Amendments thereto which the Committee read and directed him to report to the House,

Resolved, the House agree to the said Amendments, and that they be inserted in the said Bill accordingly

Ordered the said Bill pass with the amendments and be sent to the Council

Sent the same to the Council by Mr. Pollock and Mr. Harnett.

Mr. Armistead moved for leave to bring in a Bill to prevent Excessive and Deceitful Gaming.

Ordered he have leave Accordingly

Mr. Armistead presented the said Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk, and

On motion, ordered the same be rejected.

Ordered that Mr. Bartram, Mr. Mackey and Mr. Frohock be added to the Committee of Claims

Then the House adjourned till 10 oClock Monday morning


Monday 15th November 1762. The House met according to adjournment

Mr. George Barrow moved for leave to absent himself from the service of the House

Ordered he have leave Accordingly

On motion ordered the Bill to Establish Inferior Courts of pleas and quarter Sessions in the Several Counties in this Province be read the second time, read the same a second time,

Then on motion Resolved the House Resolve into a Committee of the whole House to Consider the Subject Matter of the said Bill

The House Resolved into a Committee of the whole House, and Mr. John Starkey was chosen Chairman who took the Chair accordingly, after some time spent therein,

On motion Mr. Speaker resumed the Chair

Mr. Chairman reported that the Committee had Considered the Subject matter of the said Bill and agreed on several amendments thereto which the Committee had directed him to report to the House and which he reported accordingly,

Resolved they be inserted in the Bill, and The House agree to the said Amendment

Then the House Adjourned till 10 oClock To morrow morning

-------------------- page 908 --------------------

Tuesday 16th November 1762 The House met according to Adjournment

Mr. Starkey from the Committee of Priviledges and Elections reported that the said Committee had proceeded to Examine into the Allegations set forth in the Petition of Robert Jones Junr Complaining of the undue Proceeding of the Sheriff of Halifax County in taking the poll for Electing a Member for the Town of Halifax and Resolved that the proceedings of the said Sheriff at the said Election being without Writ are Null and Void, and that no Member is Elected for the said Town, and are of Opinion that the Petition of the said Robert Jones Junr [be] rejected.

To which the House Concurred

Ordered the Bill to Establish Inferior Courts of pleas and quarter Sessions &ca, be sent to the Council with the amendments inserted therein yesterday.

Sent the same to the Council by Mr. Barrow and Mr. Hardy.

Mr. Starkey from the Committee appointed to prepare and bring in a Bill for Establishing Vestries and other purposes reported that the Committee had prepared the same, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Barrow and Mr. Hardy.

Received from the Council the following Bills, to wit,

The Bill to Ascertain the Bounds of the several Counties within his Majesty's District. Endorsed 15th November 1762. In the upper House of Assembly read the second time amended and passed

The Bill for altering the Method of working on the Roads and appointing Public Ferries within the County of Duplin. Endorsed 15th November 1762. In the upper House of Assembly read the first time and passed. And

A Bill for appointing Alexander Purdie printer to this Province. Endorsed 16th November 1762. In the Upper House of Assembly, Read the first time and passed.

Mr. Howell presented the petition of several of the Inhabitants of Edgecombe County complaining that the place called Redmans old Field is a very improper place to hold thereat the Court of the said County praying a Law may pass to appoint a Court House to be Built in the Town of Tarborough, for holding thereat the Court for the said County.

-------------------- page 909 --------------------

Mr. Ruffin presented the petition of several of the Inhabitants of said Edgcomb County complaining that the place called Redmans old Field is a very improper place for holding thereat the Court for the said County, praying a Law may pass to appoint some other place in the said County for holding thereat the said Court

Ordered Mr. Howell prepare and bring in a Bill for fixing a place within the said County for Building thereat a Court House &ca.

Mr. Howell presented a Bill ascertaining a proper place for Building thereat a Court House, Clerks office, prison, Pillory and Stocks which he read in his place and Delivered in at the Table, where the same was again read by the Clerk passed, and ordered to be Sent to the Council.

Sent the same to the Council by Mr. Howell and Mr. Ruffin.

Mr. Waddell presented the Petition of Several of the Inhabitants of Bladen County, Praying a Law may pass for making a Road through Riggins Swamp at Johnstons Bluff to Wilmington &ca which was read, and ordered a Bill be brought in pursuant to the Prayer of the said Petition.

Mr. Waddell presented a Bill to Impower and direct the Commissioners of the Districts hereinafter mentioned to lay out and make a Road through Regans Swamp in Bladen County to the Court House in the said County which he read in his place, and Delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Ormond and Mr. Caswell.

On motion ordered the Bill for appointing Alexander Purdie Printer to this Province be read the third time, read the same the first [third] time,

Then on motion, Resolved that by the Antient undoubted and Constitutional right and Privilege of this House all Bills by which any Tax is laid ought to take their rise in this House, and the said Bill in which a Tax is laid having taken its rise in the Council, whereby they have Infringed the said Right and privilege of this House, It is therefore, Resolved Nem. Con.—That the said Bill be rejected.

On motion ordered the Bill for the Better care of Orphans &ca be read the second time, read the same a second time amended and passed.

Ordered the same be sent to the Council.

-------------------- page 910 --------------------

Sent the same to the Council by Mr. Ormond and Mr. Caswell.

On motion ordered the Bill for directing the Method of appointing Jurymen in all Causes Criminal and Civil, be read the second time, read the same a second time amended and passed.

Ordered the same be sent to the Council.

Sent the same to the Council by Mr. Ormond and Mr. Caswell.

On motion ordered the Bill for altering the method of Working on the Roads in the County of Duplin &ca be read the second time, read the same a second time, amended and passed.

Ordered the same be sent to the Council.

Sent the same to the Council by Mr. Frohock and Mr. Kenan.

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday 17th November 1762. The House met according to Adjournment.

The Clerk of the Crown returned Certificates of the Election of Thomas Lloyd and Edmund Fanning Esquires representatives for the County of Orange, and of Robert Harris and Samuel Benton Esqrs Representatives for the County of Granville. Two members waited on his Majesty's Council acquainted them the House desired they would direct some of their Members to come to the House and qualify the aforementioned Members.

Alexander McCulloch and Henry Eustace McCulloch Esquires Members of his Majesty's Council came to the House and Mr. Thomas Lloyd, Mr. Edmund Fanning, Mr. Robert Harris and Mr. Samuel Benton appeared took the Oaths by Law appointed for their Qualification subscribed the test and took their Seats in the House

Mr. Hutchins pursuant to order brought in a Bill for dividing Anson County &c which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Hutchins and Mr. Sawyer

Mr. Leech presented the petition of James Davis Printer setting forth that the Act of Assembly for appointing the said James Davis printer to this Province Expires with the end of this Session, Praying the said Act may be further continued &ca

Ordered Mr. Leech prepare and bring in a Bill pursuant to the Prayer of the said Petition

Mr. Harvey moved for leave to bring in a Bill for enlarging the

-------------------- page 911 --------------------
time allowed for saving Lotts in the Town of Hertford and other purposes

Ordered he have leave accordingly

Mr. Harvey presented the Bill for enlarging the time allowed for saving Lots in the Town of Hertford and other Purposes, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Frohock and Mr. Kenan

Mr. Moore moved for leave to bring in a Bill for Erecting that part of New Hanover County called saint Philips Parish and the Lower part of Bladen County into a separate County &ca

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

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

Sent the same to the Council by Mr. Moore and Mr. Harnett

Received from the Council the Bill for Establishing Superior Courts of pleas and Grand Sessions &ca. Endorsed, 16th November 1762, In the upper House of Assembly read the second time and passed with amendments.

On Motion ordered the Bill to amend and continue an Act to regulate the Inspection of Pork, Beef &ca be read the second time, read the same a second time amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Harris and Mr. Lloyd.

Received from the Council the following Bills, to wit,

The Bill for dividing the County of Anson,

The Bill for Erecting that part of New Hanover County called St Philips Parish, and the Lower part of Bladen County &ca

The Bill to Impower and direct the Commissioners of the Districts hereafter mentioned to lay out and make a road thro' Regans Swamp in Bladen County &ca

The Bill for enlarging the time allowed for saving Lots in the Town of Hertford &ca

The Bill for ascertaining a proper place for building thereat a Court House prison and stocks in Edgecombe County Endorsed 17th November 1762 In the upper House of Assembly read the first time and Passed—and—

-------------------- page 912 --------------------

The Bill for altering the Method of working on the Roads and appointing Public Ferries within the County of Duplin &ca Endorsed 17th November 1762, In the upper House of Assembly read the second time and passed.

Mr. Harris moved for leave to present a Bill for dividing the County of Granville and other Purposes.

Ordered he have leave accordingly

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

On motion ordered the Bill for making provision for an Orthodox Clergy, be read the second time, read the same a second time amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Harris and Mr. Lloyd

Then the House Adjourned till 9 oClock Tomorrow morning.


Thursday 18th November 1762 The House met according to Adjournment

Mr. Corbin presented the petition of several of the Inhabitants of Chowan County, Praying a tax may be laid on the said Inhabitants not less than three shillings proc. money to discharge the Workman for finishing the the Church at Edenton

Then on motion ordered Mr. Corbin prepare and bring in a Bill pursuant to the prayer of the said Petition

Mr. Waddell presented Certificates from the County Court of Bladen therein Recommending Thomas Bryan Junr John Swinney, Hennegan and John McFalter all of said County to be exempt from paying Public Taxes and doing Public duties Granted

Mr. Taylor moved for leave to present a Bill to amend and continue an Act Intitled an Act to Establish a ferry across from Solleys Point to Relfe Point whereon the Court House now stands on Pasquotank River

Ordered he have leave accordingly

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

Sent by Mr. Taylor and Mr. Sawyer

On motion ordered the Bill for Establishing Superior Courts of pleas and Grand Sessions and regulating the proceedings therein be

-------------------- page 913 --------------------
read a third time, read the same a third time amended, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Harnett, Mr. Fanning, Mr. Baker, Mr. Harvey, Mr. Lloyd and Mr. Pollock

Then the House Adjourned till 9 oClock tomorrow Morning


Friday 19th November 1762 The House met according to Adjournment

Mr. Lillington moved for leave to absent himself from the service of the House till Tuesday next

Ordered he have leave accordingly

Mr. Smithwick presented a Certificate from Tyrrel County Court therein recommending John Blount of said County to be exempt from Paying Public and Parish Taxes Granted

Mr. Smithwick moved that a Committee be appointed to enquire into the complaint of several Indians regarding the pay due to them for their service &ca and Mr. Starkey, Mr. Bryan, Mr. Williams, Mr. Smithwick and Mr. Hardy are accordingly appointed

Mr. Harnett moved for leave to present a Bill for confirming the Charter of the Borough of Wilmington and other purposes

Ordered he have leave accordingly

Mr. Harnett presented the aforementioned Bill which he read in his place and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Harnett and Mr. Leech

On motion ordered the Bill to Establish Inferior Courts of pleas and quarter Sessions in the several Counties in this Province be read the third time, read the same a third time amended passed and ordered to be sent to the Council

Sent by Mr. Fanning and Mr. Cumming

Mr. Cumming moved for leave to bring in a Bill to apply the money already levied on the Taxable Inhabitants of Currituck County by virtue of an Act Intitled an Act to amend the navigation of Currituck Inlet

Ordered he have leave accordingly

Mr. Leech pursuant to order presented a Bill for further continuing an Act Intitled an Act, for appointing James Davis printer to this Province which he read in his place, and Delivered in at the Table where the same was again read passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Caswell and Mr. Blount.

-------------------- page 914 --------------------

Received from the Council the Bill for dividing Anson County &ca and

The Bill for dividing the County of Granville &ca Endorsed 17th November 1762 the last Endorsed 18th November 1762, In the Assembly read the first time and passed

On motion ordered the Bill for Establishing Vestries and other purposes be read the second time, read the second time amended passed and ordered to be sent to the Council

Sent to the Council by Mr. Bartram and Mr. Jones

Received from the Council a paper purporting to be a Message

Then on motion Resolved the same lie for Consideration

Then the House adjourned till 9 oClock Tomorrow Morning


Saturday 20th November 1762 The House met according to Adjournment

Mr. Starkey moved for leave to bring in a Bill for destroying Squirrels, Crows and black Birds in that part of New Hanover County called New Topsail

Ordered he have leave accordingly

Mr. Starkey brought in the aforementioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Bartram and Mr. Jones

Mr. Smithwick from the Committee appointed to enquire into the Complaint of several Indians &ca Reported that it has been made to appear to the Committee that the said Complaint is groundless except as to seven pounds and ten shillings which sum Capt Charles Cogdell satisfied them; and also produced an account from Timothy Clear for Provisions and Liquor found and provided for the Indians amounting to fifteen pounds three shillings and ten pence, which the House approved of, and allowed, and Resolved that the said sum be paid the said Timothy Clear out of the Contingent fund by the Public Treasurers and that the said Treasurers be allowed the same on passing their account with the Public

Resolved the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council

This House have Resolved that Timothy Clear be paid the sum of Fifteen pounds three Shillings and ten pence proc money by the public Treasurers out of the Contingent Fund, and that the said

-------------------- page 915 --------------------
Treasurers be allowed the same on passing their Accounts with the Public, and desire your Honors Concurrence thereto

JOHN ASHE Sp

Sent by Mr. Bryan and Mr. Williams

The order of the Day being read the House took into consideration the Paper purporting to be a Message from the Council of yesterday, and Resolved the following Message be sent to the Council

Gentlemen of His Majestys 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 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

-------------------- page 916 --------------------
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

JNo ASHE Speaker.
Wm Herritage Clk.

By Order
20th November 1762

On motion ordered the Bill to Impower and direct the Commissioners of the district hereafter mentioned to lay out and make a road through Regans Swamp in Bladen County, to the Court House in the said County be read the second time, read the same a second time amended and passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Kenan and Mr. Bartram.

Received from the Council the Bill for confirming the Charter of the Borough of Wilmington &ca Endorsed November 1762, In the upper House read the first time and passed.

On motion ordered the Bill for altering the method of working on the Roads and apointing Public Ferries within the County of Duplin &ca be read the third time, read the same a third time passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Kenan and Mr. Bartram.

On motion ordered the Bill for enlarging the time allowed for saving lots in the Town of Hertford &ca be read the second time, read the same a second time passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Kenan and Mr. Bartram

On motion ordered the Bill to ascertain the Bounds of several Counties within his Majesty's district, be read the second time, read the same a second time, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Kenan and Mr. Bartram

John Sampson and Alexander McCulloch Esqrs two of the Members of his Majestys Honble Council came to the House and Mr. Henry Winborn one of the Members for Hertford County, and Mr. Alexander McAlister one of the Members for Cumberland County appeared took the oaths appointed by Law for their Qualification subscribed the test and took their seats in the House

-------------------- page 917 --------------------

Mr. Gray moved for leave to absent himself from the service of the House till Thursday next

Ordered he have leave accordingly.

Then the House Adjourned 'till 9 oClock Monday morning


Monday 22d November 1762. The House met according to Adjournment

Mr. Armistead moved for leave to present a Bill to prevent abuses in strays

Ordered he have leave accordingly

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

Sent the same to the Council by Mr. Armistead and Mr. McAlister

Mr. John Harvey moved for leave to present a Bill, to amend and further continue an Act, Intitled an Act to Establish a Public Ferry from Newby's Point to Phelps Point whereon the Court House now stands on Perquimons River

Ordered he have leave accordingly

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

Sent the same to the Council by Mr. Skinner and Mr. Harvey

On motion ordered the Bill for dividing the County of Anson &ca be read the second time, read the same a second time, amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Harnett and Mr. Leech

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Baker moved for leave to bring in 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,

Ordered he have leave accordingly.

Mr. Baker presented the above mentioned Bill which he read in his place and Delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council

Mr. Leech moved for leave to present a Bill for Establishing a Post through this Province

Ordered he have leave accordingly

Mr. Leech presented the above mentioned Bill which he read in

-------------------- page 918 --------------------
his place and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Harnett and Mr. Leech.

Received from the Council the Bill for altering the Method of working on the Roads and appointing Public Ferries within the County of Duplin &ca Endorsed 22d November 1762. In the Upper House of Assembly read the third time and passed

Ordered to be Engrossed

Also the following Message, to wit,

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 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 throughout 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 for your Concurrence thereto, and that you will send two of your Members to see such amendments made, otherwise we cannot pass the Bill


22d November 1762.

Then on Motion Resolved the following Message be sent to the Council, Vizt

Genn 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 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

-------------------- page 919 --------------------
that we cannot with Character to ourselves or Justice to our constituents agree to the amendments proposed by your Message

JNo ASHE Speakr
Wm Herritage Clk

By order
22d Novr 1762

Mr. Cumming moved for leave to present a Bill to Establish a Public Road from the Court House in Currituck County across the great Swamp to the Bridge on North River &ca

Ordered he have leave accordingly

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

Sent the same to the Council by Mr. Farebee and Mr. Ethridge

Then the House adjourned till 9 oClock tomorrow Morning


Tuesday 23d November 1762 The House met according to Adjournment

Mr. Hardy moved for leave to present a Bill for destroying Squirrels in several Counties.

Ordered he have leave accordingly.

Mr. Hardy presented the afore mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent by Col. Taylor and Mr. Hardy.

Mr. Kenan moved for leave to bring in a Bill for Establishing a Town on the North East Branch of Cape Fear River in Duplin County

Ordered he have leave accordingly

Mr. Kenan presented the aforementioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed, and ordered to be sent to the Council

Sent the same to the Council by Mr. Kenan and Mr. Williams

Mr. Elmsley moved that the Governor be addressed to direct the Clerk of the Crown to issue a Writ for Electing a Member for the Town of Halifax no writ having issued to the Sheriff of Halifax for electing a Member for the said Town at the late General Elections

Received from the Council the following Bills, Vizt

The Bill to Impower and direct the Commissioners of the District hereafter mentioned to lay out and make a road through Regans

-------------------- page 920 --------------------
Swamp in Bladen County &ca. Endorsed 23d Nov. 1762. In the upper House of Assembly read the second time and passed

The Bill to prevent abuses in Strays.

The Bill to amend and further continue an Act Intitled an Act to Establish a Public Ferry from Newbys point to Phelps Point &ca

The Bill to amend and Continue an Act Intitled an Act to Establish a Ferry from Solley's point to Relfe's Point &ca.

The 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. Endorsed 23rd Nov. 1762. In the upper House of Assembly read the first time and passed.

And the Bill to Ascertain the Bounds of the several Counties within his Majesty's district. Endorsed 23d November 1762. In the upper House of Assembly read the third time and passed.

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Armistead moved for leave to absent himself from the service of the House.

Ordered he have leave accordingly

Then the House adjourned till 9 oClock Tomorrow morning.


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

Mr. Swann moved that a Committee be appointed to prepare and bring in 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, And Mr. Swann, Mr. Baker, and Mr. Starkey are accordingly appointed.

Then on motion Resolved the House Resolve into a Committee of the whole House to Consider the Subject matter of the said Bill, The House Resolved into a Committee of the Whole House to consider and choose Mr. John Harvey Chairman who took the Chair accordingly, after some time spent therein, the Committee came to several Resolutions, and directed Mr. Chairman to report the same to the House.

Then on motion Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had agreed to several amendments to the said Bill which he read in his place, and to which amendments the House concurred, and ordered the same to be inserted in the Bill.

-------------------- page 921 --------------------

The same are Inserted accordingly, then the question was put if the said Bill pass, and was carried in the Negative.

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

The Bill for dividing the County of Granville and other Purposes a second time, read the same a second time, amended passed and ordered to be sent to the Council.

The Bill to amend and continue an Act Intitled an Act to Establish a Ferry from Solleys Point to Relfes Point &ca a second time, the same is read a second time, and the question put if the Bill pass, and passed in the Negative.

The Bill to amend and further continue an Act Intitled an Act to Establish a Public Ferry from Newby's Point to Phelps Point &ca a second time, read the same a second time passed and ordered to be sent to the Council.

Sent by Mr. Harris and Mr. Blount.

The Bill to prevent Abuses in Strays a second time, and the question put if the said Bill pass and was carried in the Negative.

Mr. Ormond moved for leave to absent himself from the service of the House till Monday next.

Ordered he have leave accordingly.

Then the House adjourned till 9 oClock tomorrow morning.


Thursday 25th November 1762 The House met according to adjournment

Mr. Baker moved for leave to absent himself from the service of the House

Mr. Smithwick moved for leave to absent himself from the service of the House,

Ordered he have leave accordingly

Mr. Kenan moved a Committee be appointed to bring in a Bill to continue and amend the Militia Law, and Mr. Harvey, Mr. Waddell, Mr. Harnett, Mr. Caswell and Mr. Kenan are accordingly appointed.

Mr. Bartram moved for leave to present 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 No Wt River in Bladen County

Ordered he have leave accordingly

Mr. Bartram presented the aforementioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk, Passed and ordered to be sent to the Council.

On motion ordered the Bill for ascertaining a proper place for

-------------------- page 922 --------------------
Building thereat a Court House, Clerks office, prison and stocks for the County of Edgcomb be read the second time, read the same a second time, passed and ordered to be sent to the Council

Mr. Baker according to order brought in a Bill for laying a Tax on which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Then the House adjourned till 4 oClock in the afternoon

P. M. The House met according to Adjournment

Mr. Elmsley moved for leave to present a Bill appointing the Method of distributing Intestates Estates,

Ordered he have leave accordingly

Mr. Elmsley presented the aforementioned Bill which he read in his place and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Mr. Harnett moved for leave to present a Bill for the Encouraging the raising Hemp and Flax

Ordered he have leave accordingly

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

Sent the above two Bills to the Council by Mr. Gray and Mr. McNeil.

Mr. Elmsley presented the Petition of John Campbell with an account against the Public, Praying an allowance for two Cannon delivered to Captain McNair for the use of Fort Johnston

Ordered the same be referred to the Committee of Claims

Then the House adjourned till 10 oClock Tomorrow morning.


Friday 26th November 1762. The House met according to Adjournment

Mr. Swann from the Committee appointed to bring in a Bill to divide 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, Reported that the Committee had prepared the said Bill which he presented to the House,

Ordered the same be read, read the same passed, and ordered to be sent to the Council

Sent the same to the Council by Mr. Johnston and Mr. Baker

Mr. Barrow moved for leave to present a Bill to Impower Thomas

-------------------- page 923 --------------------
Bonner Junr to receive and collect the Taxes due in the Counties of Beaufort and Pitt, for the Year 1760.

Mr. Barrow presented the said Bill which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Currell and Mr. Sawyer

Mr. Caswell presented a Petition of several of the Inhabitants of the upper part of Craven County Praying that the upper part of Craven County running on a direct line from the Mouth of South West Creek to Harrison's Ferry on Trent River may be added to Dobbs County

Mr. Caswell moved for leave to present a Bill pursuant to the prayer of the said Petition, on which the question was put and Passed in the Negative.

Mr. Corbin pursuant to order presented 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, which he read in his place and delivered in at the Table where the same was again read by the Clerk, Passed and ordered to be sent to the Council.

Sent by Mr. Boyd and Mr. Vail

On Motion ordered the 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, be read a second time, read the same a second time, then the question was put if the said Bill pass, and passed in the Negative, and the same is rejected.

Received from the Council the following Bills, Vizt

The Bill for destroying Squirrels in several Counties

The Bill to apply the Money already Levied on the Taxable Inhabitants of Currituck County &c

The Bill for establishing a Post through this Province

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

The Bill to Establish a Public Road from the Court House in Currituck County, across the Great Swamp &ca—and—

The Bill for destroying Squirrels Endorsed, 23d November 1762, In the Upper House of Assembly read the first time and passed

The Bill to lay a Tax on the Inhabitants of the several Counties in the District of Halifax Superior Court, to repair the Public prison, thereof, &ca

The Bill to direct and Impower the Commissioners of the district

-------------------- page 924 --------------------
herein mentioned to lay out and make a road from John Howards Ferry on Black River through Colley's Swamp &ca Endorsed, 26th November 1762, In the upper House of Assembly read the first time and passed.

The Bill for enlarging the time allowed for saving Lots in the Town of Hertford,

The Bill for dividing the County of Anson and other purposes, Endorsed 23d November 1762 In the upper House of Assembly read the second time and passed

The Bill to amend and further continue an Act, Intitled an Act, to Establish a Public Ferry from Newby's Point to Phelps Point &ca in Perquimons County, and Endorsed 26th November 1762, In the upper House of Assembly read the second time and passed, and

The Bill for ascertaining a proper place for Building thereat, a Court House prison, Pillory and Stocks in Edgcombe County Endorsed, 26 November 1762, In the Upper House of Assembly read the second time and passed with Amendments

Mr. Elmsley moved for leave to present a Bill for Increasing the Salaries of the Inspectors of Tobacco, at the Ware House in the Town of Halifax

Ordered he have leave accordingly

Mr. Elmsley Presented the above mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent by Mr. Lloyd and Mr. Taylor

Received from the Council 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 Endorsed, 26th November 1762, In the upper House of Assembly read the first time and passed

On motion ordered the Bill for dividing this Province into five districts and for Establishing a Superior Court of Justice in each of the said Districts, and regulating the Proceedings therein be read a second time, read the same a second time amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Lloyd and Mr. Taylor.

Then the House Adjourned till 9 oClock Tomorrow Morning


Saturday 27th November 1762 The House met according to Adjournment

Mr. Moore moved for leave to present a Bill for laying out a Town

-------------------- page 925 --------------------
on the Lands of John and William Russell Minors sons of John Russell deceased on the West side of the west Branch of Cape Fear River near the Mouth of Cross Creek by the name of Campbelton and other purposes

Ordered he have leave accordingly

Mr. Moore presented the afore mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk, passed, and ordered to be sent to the Council

Sent the same to the Council by Mr. Moore and Mr. Bartram.

On Motion ordered the Bill for destroying Squirrels &ca in that part of New Hanover County called New Topsail Sound, be read a second time Read the same a second time, amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Lillington and Mr. Kenan.

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment

Then the House Adjourned till Monday Morning 9 oClock.


Monday 29th November 1762. The House met according to Adjournment

Mr. Bryan ordered the Bill for destroying Squirrels in several Counties be read a second time, read the same a second time, amended passed and ordered to be sent to the Council

Sent by Mr. Hutchins and Mr. Winborn

Received from the Council 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. Endorsed 29th November 1762. In the Upper House of Assembly read the second time and passed.

It having been signified to the Members of this House that the Bill for Increasing the Salary of the Inspectors of Tobacco at the Ware House in the Town of Halifax has been considered in the Council as a Private Bill, and stopt for the non Payment of Fees.

On Motion Resolved Nem. Con. The same is not such a private Bill as Intitles the officers of either House to fees thereon,

Resolved that no fees due on any Bill that may be presented to this House, but such as relate to and confer a Particular Emolument on Particular Persons, and that all Bills relating to Particular Roads, Ferries, Bridges, Inspections, all Bills for establishing Towns and dividing Counties may be presented and passed without fees and

-------------------- page 926 --------------------
that heretofore no fees have ever been Demanded on any such Bill in this House.

Received from the Council the following Bills, Vizt

The Bill for appointing the Method of Distributing Intestates Estates.

The 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, and,

The Bill for Increasing the Salary of the Inspectors of Tobacco at the Ware House in the Town of Halifax. Endorsed 29th November 1762. In the upper House of Assembly read the first time and passed.

On Motion ordered the Bill for Dividing this Province into five several Districts &c, and Regulating the proceedings therein be read the third time, read the same the third time amended, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Frohock and Mr. Baker.

Then the House adjourned till 5 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Sawyer moved for leave to absent himself from the service of the house

Ordered he have leave accordingly

Mr. Jones moved for leave to absent himself from the service of the House

Ordered he have leave accordingly

Then the House Adjourned till Tomorrow morning 11 oClock


Tuesday 30th November 1762 The House met according to Adjournment

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Then the House Adjourned till 8 oClock Tomorrow morning


Wednesday 1st December 1762 The House met according to Adjournment

On motion ordered the Bill for Erecting that Part of New Hanover County called St Philips Parish and the Lower part of Bladen County into a Separate County by the name of County, be read a second time, read the same a second time,

-------------------- page 927 --------------------

Then Mr. Moore moved for leave to alter the Title of the said Bill.

Ordered he have leave, and the same is accordingly altered.

Ordered the said Bill pass with amendments and be sent to the Council.

Sent the same to the Council by Mr. Moore and Colo Waddell.

On motion Resolved that Mr. Swann, Mr. Elmsley and Mr. Baker prepare an address to his Majesty, in Conjunction with his Majestys Council to request his Majesty that he would be graciously pleased to repeal the Act for appointing Tower Hill for fixing the seat of Government at, and to appoint as the most proper place for fixing thereat the seat of Government, and that the following Message be sent to his Majestys Council Vizt

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, and Mr. Baker a Committee of this House to join such of your Honors as you shall think proper for that Purpose

JOHN ASHE Sp.

1st December 1762

Ordered the Bill to Impower and direct the Commissioners of the district hereafter mentioned to lay out and make a road through Regans Swamp in Bladen County to the Court House in Bladen County, be read the third time, read the same a third time passed and ordered to be sent to the Council,

Sent the same together with the above Message by Mr. Bartram and Mr. Ethridge

Received from his Excellency the Governor a Written Message, as follows,

Mr. Speaker and Gentlemen of the Assembly

By the Act Intitled the Tower Hill Act, passed in December 1758 the General Assembly Purchased from me a Tract of Land called Tower Hill for four hundred and Fifty pounds Proclamation Money at the Legal Proportion of Proclamation Money to sterling, as I paid the Value in English Bills at that proportion, and by the said Act still in force, I was ordered to be paid that sum by the Commissioners

-------------------- page 928 --------------------
as soon as the dividend of the £50,000 which was to be fixed for this Province should be paid into our Agents hands in London, the Money has been Lodged for some time, but no way fixed for me to receive the principal and four years Interest due this Month, since the purchase from which time I never Interferred with The Land nor received any Benefit from it, I therefore depend upon the justice of this Assembly that they will take the same into their Consideration, and that they would give proper Directions that I may be paid the sum due to me out of the money now Lodged that the Public may avail themselves of their Purchase

ARTHUR DOBBS

December 1st 1762

Resolved the same lie for Consideration

On motion ordered the following Bills be read a second time Vizt

The Bill to apply the Money already Levied on the Taxable Inhabitants of Currituck County by Virtue of an Act Intitled an Act for the Amendment of the navigation of Currituck,

The 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 said two Bills a second time amended, passed, and ordered to be sent to the Council, and,

The Bill for Establishing a Town on the North East Branch of Cape Fear River in Duplin County, read the same a second time passed and ordered to be sent to the Council

Mr. Harvey from the Committee appointed to bring in a Bill for Continuing and amending an Act, for appointing a Militia &ca reported the said Committee had prepared the said Bill which he read in his place and Delivered in at the Table where the same was again read by the Clerk passed, and ordered to be sent to the Council,

On motion ordered the following Bills be read, Vizt

The 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 be read the second time, read the same a second time passed and ordered to be sent to the Council.

The 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' Colley's Swamp &ca. Read a second time amended passed, and ordered to be sent to the Council.

The Bill to amend and further continue an Act Intitled an Act to

-------------------- page 929 --------------------
Establish a Public Ferry from Newbys Point to Phelps Point whereon the Court House now stands in Perquimons County be read the third time, read the same a third time, passed and ordered to be sent to the Council.

Mr. Caswell moved for leave to present a Bill to amend an Act Intitled an Act for the relief of Poor Debtors as to the Imprisonment of their persons.

Ordered he have leave accordingly.

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

On motion ordered the Bill for ascertaining a proper place for building thereat a Court House, Prison, Pillory and Stocks in Edgcomb County be read a third time, read the same a third time amended passed and ordered to be sent to the Council.

Sent the above nine Bills by Mr. Caswell and Mr. Howell.

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

On Reading the third time the Bill for dividing the 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 propose the following Amendments, Vizt

That one Associate should be inserted instead of two for the districts of Wilmington, Newbern, Edenton and Halifax.

That the said Associates should receive the same fees as the Chief Justice upon the Proving of Deeds, Acknowledgements of Letters of Attorney &ca

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 three Freeholders to Inspect whether Goods attached are Perishable,

That no Associate should be appointed in the Salisbury District the Associate 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 In the upper House 1st December 1762

On Reading the above Message Resolved the following Message be sent to the Council in answer thereto, Vizt

-------------------- page 930 --------------------

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 five several districts and for Establishing a Superior Court in each of the said districts and regulating the Proceedings therein, this House agree thereto, and send Mr. Harvey and Mr. Harnett, and Mr. Cumming three of the Members thereof, to see the same inserted

JOHN ASHE Speaker

1st December 1762

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

On motion ordered the Bill appointing the Method of Distributing Intestates Estates be read the second time, read the same a second time, passed and ordered to be sent to the Council

The Bill for increasing the Salarys of the Inspectors of Tobacco at the Ware House in the Town of Halifax be read the second time, read the same a second time amended passed and ordered to be sent to the Council

The Bill for laying a tax on the Inhabitants of the district of Halifax Superior Court and other Purposes be read the second time, read the same a second time amended passed and ordered to be sent to the Council

Sent the above three Bills to the Council by Mr. Elmsley and Mr. Baker

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to 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 Jno Rutherford Lewis De Rossett and John Sampson Esquires a Committee of this House to Join the Committee of yours for that purpose, In the upper House 1st December 1762

Then the House Adjourned till 9 oClock Tomorrow Morning

The House met according to Adjournment

On Motion ordered the Bill for dividing the County of Anson and

-------------------- page 931 --------------------
for other purposes be read the third time, read the same a third time amended passed, and ordered to be sent to the Council

Sent by Mr. Hutchins and Mr. Alexander

Received from the Council 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, Endorsed, 1st December 1762, In the upper House of Assembly read the third time amended and passed, and

Ordered to be Engrossed,

On Motion ordered the Bill for the more easy recovery of money due upon Promissory Notes, and to render such notes Negotiable, be read the second time, read the same a second time amended passed and ordered to be sent to the Council

Sent by Mr. Hutchins and Mr. Alexander

Mr. Fanning moved for leave to bring in a Bill for destroying Vermin in Orange County and Granville County,

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

On Motion ordered the Bill for Enlarging the time for saving Lots in the Town of Hertford, be read the third time read the same the third time Passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Sawyer and Mr. Barrow

On Motion ordered the Bill for Establishing a post through this Province be read the second time, read the same a second time passed and ordered to be sent to the Council

Sent by Mr. Sawyer and Mr. Barrow.

Received from the Council the Bill directing the method of appointing Jurymen in all Causes Criminal and Civil, Endorsed, 2d December 1762, In the upper House of Assembly read the second time amended and passed

And also the Following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill to Establish Inferior Courts of pleas and quarter Sessions in the Several Counties 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 Persons qualifying under a General Commission of the peace”

To dele in several places in the said Bill the words, “Superior Courts of Pleas and Grand Sessions” and insert Superior Courts of

-------------------- page 932 --------------------
Justice, and in the last Clause to dele the words “first of December” and to 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.

In the upper House—2d December 1762.

Mr. Taylor moved for leave to present a Bill to establish a ferry from Solley's Point to Relfe's Point &c

Ordered he have leave accordingly

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

Sent by Mr. Sawyer and Mr. Barrow

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majesty's Honble Council

In answer to your Message of this day relating to the Bill for Establishing Inferior Courts of pleas and quarter Sessions, We think your Amendment respecting the Genl Commissioners of the peace unnecessary, because we know of no such Commissions in use amongst us, and think the Introduction of them of Pernicious Consequence, besides we are of opinion such Commissions are against Law, therefore we hope you will pass the Bill without this Amendment, if so we shall send some of our Members to see the other Amendments made


2d December 1762.
JOHN ASHE Sp.

Mr. Baker from the Committee appointed to prepare an address to his Majesty reported that the Committee have prepared the same, which he presented to the House.

Ordered the same be read, read the same, and Resolved the same stand the Address of this House, and be entered on the Journal thereof, and is as follows, to wit.

To the Kings most Excellent Majesty.

The Humble Address of the Assembly of North Carolina

Most Gracious Sovereign.

We your Majesty's most dutiful and Loyal Subjects the Assembly of North Carolina beg leave to Express our sincere and unfeigned

-------------------- page 933 --------------------
Joy on the Glorious success of your Majesty's Arms in the present just and necessary War, in the Course of which the greatest Lustre has been reflected on your Majesty's wise and prudent Administration, and which we doubt not will Terminate in the Glory and Honor of your Majesty and lasting peace and security of your subjects.

Permit us most Gracious Sovereign to assure your Majesty of our most Firm and Loyal attachments to your Majesty's 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 Majesty's 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 Majesty's 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 Neuse River in the year of our Lord one Thousand seven Hundred and Fifty eight has since been found entirely unfit and Improper for that Purpose lying 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 and Inhabited by a sufficient Number of Inhabitants for accomodating the Officers of Government, Members of the General Assembly, and others Concerned in Transacting Public Business with any tolerable degree of Convenience

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 Majesty's Province, as the Number of Inhabitants in the Several Counties thereof, We most humbly Pray, your Majestys leave to recommend 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 Secretary's office, 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 for the Seat of

-------------------- page 934 --------------------
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 Majesty's Governors and such other Edifices as may be requisite of the safe keeping the Public Records, and for other public Uses

Received from the Council The Bill to amend and Continue an Act Intitled an Act to Regulate the Inspection of Pork, Beef, Flour, Butter &ca Endorsed 2d December 1762 In the Upper House of Assembly read the second time amended and passed.

Resolved the following Message be sent to His Excellency the Governor Vizt

To His Excellency Arthur Dobbs Esquire Captain General Governor &ca

Sir

This House have taken into Consideration the many disadvantages and Inconveniences to which this Province has long been Exposed from the want of a Proper place Established for the seat of Government, and being desirous, as far as lies in our Power to procure a Redress of this Grievance, have Resolved to present their Humble Address to his Majesty beseeching him that he would be Graciously pleased to repeal the Act of Assembly passed at Edenton in 1758 for fixing the Seat of Government at Tower Hill, and to signify his Royal approbation of the Town of New Bern as a proper place for the purpose aforesaid, and being duly sensible how far the success of such Address depends on your Excellencys Concurrence with an approbation of the Same, beg leave to request your Excellency would be pleased to assist, with your best Endeavours our Humble Sollicitations for removing the Grievances aforesaid

JOHN ASHE Sp.

2d December 1762.

Received from the Council the Bill to lay a tax on the Inhabitants of the Several Counties of the district of Halifax Superior Court &ca Endorsed, 2d December 1762, In the upper House of Assembly read the second time, amended and passed, and,

The Bill for Encouraging the raising of Hemp and Flax, Endorsed, 2d December 1762, In the upper House of Assembly read the first time and passed,

-------------------- page 935 --------------------

Mr. Howell moved for leave to bring in a Bill to Encourage Joseph Howell to build a Bridge over Tar River at or near the place called Howells Ferry at Tarborough in Edgcombe County

Ordered he have leave accordingly

Mr. Howell brought in the aforementioned Bill, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, Passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Howell and Mr. Ruffin

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Caswell moved for leave to present a petition of the Inhabitants of Dobbs County praying a Town may be laid and Established on the Land of William Herritage in the County aforesaid, on the No side of Neuse River, at a place called Atkins Banks &ca

Then on motion ordered that Mr. Caswell present a Bill pursuant to the Prayer of the said Petition

Ordered he have leave Accordingly

Mr. Caswell Presented the aforementioned Bill which he read in his place, and delivered in at the Table where the same was again read by the Clerk Passed, and ordered to be sent to the Council

Sent the same to the Council by Mr. Caswell and Mr. Mackilwean

Mr. William Boyd one of the Members of this House Informed the House that he was insulted and contemptuously abused by one Christopher Neale, and moved that the said Christopher Neale be brought before this House, to answer for the said Contempt,

Ordered the said Christopher Neale be sent for in Custody of the Serjeant at Arms, to answer at the Bar of this House for such his said Contempt, and that Mr. Speaker issue his Warrant accordingly

Then the House Adjourned till 9 oClock Tomorrow morning


Friday 3d December 1762 The House met according to Adjournment.

The Serjeant at Arms acquainted the House that he had taken into his Custody Christopher Neale pursuant to Mr. Speakers Warrant for that Purpose.

Ordered the said Serjeant bring the said Christopher Neale to the Bar of this House.

Christopher Neale appeared at the Bar of this House and being charged with abusing and Contemptuously using Mr. Boyd one of

-------------------- page 936 --------------------
the Members of this House, in Contempt and Breach of the Privileges of this House.

The Allegations against the said Christopher Neale, and the proofs and allegations of the said Christopher Neale, the House on hearing, Resolved that the said Christopher Neale be discharged from Custody without paying fees

Mr. Fanning pursuant to order presented a Bill for distroying vermin in Orange and Granville Countys, which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council

Mr. Baker moved for leave to present a Bill to amend an Act, Intitled an Act, concerning Servants and Slaves.

Ordered he have leave accordingly

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

On motion ordered the Bill to amend and Continue an Act to Regulate the Inspection of Beef, Pork, Rice, Flour, Butter &ca be read the third time, read the same a third time, amended, passed and ordered to be sent to the Council

Sent by Mr. Lloyd and Mr. Lillington.

Received from the Council the Bill to Impower and direct the Commissioners of the District herein mentioned to lay out and make a Road from John Howards on Black River &c amended and passed.

The Bill for Erecting that part of New Hanover County called Saint Philips Parish &ca into a Separate County &ca Endorsed 3d December 1762, In the upper House of Assembly read the second time and Passed.

The Bill for destroying Squirrels and Crows and Blackbirds in that part of New Hanover County called New Topsail Sound, Endorsed 2d December 1762, In the upper House read the second time and Passed, and,

The Bill for the further Continuing and amending an Act, for appointing a Militia and also to amend and continue one other Act Intitled an Act, for appointing a Militia Endorsed, 3d December 1762, In the upper House of Assembly read the first time and passed

The Bill to Impower Thomas Bonner Junr late Sheriff of Beaufort County, to receive and Collect an arrearages of Taxes due in the County of Beaufort, Endorsed, 3d December 1762, In the upper House of Assembly, read the first time and passed, and,

-------------------- page 937 --------------------

The Bill for Establishing a Town on the Lands of John and William Russell Minors, sons of John Russell deceased, on the West side of the North West Branch of Cape Fear River &ca Endorsed 3d December 1762. In the upper House of Assembly read the first time and passed, and,

The Bill for dividing the County of Granville and other purposes, Endorsed 3d December 1762. In the upper House of Assembly read the second time and passed.

The Bill to Encourage Joseph Howell to Build a bridge over Tar River &c Endorsed 3d December 1762, In the upper House of Assembly read the first time and passed.

The Bill to Enable the Commissioners of the Church of Edenton to discharge the Contracts by them made &ca

The Bill appointing the Method of Distributing Intestates Estates

The Bill for Increasing the Salarys of the Inspectors of Tobacco at the Ware House in the Town of Halifax, and,

The Bill for destroying Squirrels in several Counties, Endorsed 3d December, 1762 In the upper House of Assembly read the second time and passed.

The Bill to amend an Act Intitled an Act, for the relief of Poor Debtors as to the Imprisonment of their persons, and

The Bill for Establishing a Town on the land of William Herritage at a place called Atkin's Banks in Dobbs County. Endorsed 3d December 1762. In the upper House of Assembly read the first time and passed.

The Bill for establishing Vestries and other Purposes, Endor-ed 3d December 1762. In the upper House of Assembly read the second time amended and passed.

On motion ordered the Bill to Impower Thomas Bonner Junr late Sheriff of Beaufort County to Collect the Arrearages of Taxes due in the Counties of Beaufort and Pitt be read the second time, read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr. Lloyd and Mr. Lillington.

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading your Message of Yesterday we cannot but observe with equal surprise and concern upon that manifest want of Decorum which appears upon the face of it; a Proper Respect is certainly due by the different Branches of the Legislature to each

-------------------- page 938 --------------------
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 fully convinced that you cannot be Ignorant that General Commissions to enable the Members of his Majesty's Council and officers of the Crown to act as Conservaters of the peace, are neither unknown to you in their consequences or against Law, We therefore must insist upon the amendments proposed by us to the Bill for Establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province; to which if you agree, you will send such of your Members as you think Proper to see the same made.


3d December 1762. In the upper House.

The same being read, ordered that Mr. Elmsley, Mr. Johnston, and Mr. Starkey prepare an Answer to the foregoing Message, and present the same to the House.

Then the House Adjourned till 4 oClock Afternoon.

P. M. The House met according to Adjournment.

On Motion ordered the Bill for Establishing a Town on Cross Creek on the Land of John and William Russell sons of John Russell deceased, be read a second time, read the same a second time amended passed, and ordered to be sent to the Council

Sent by Mr. McNeil and Mr. McAlister

Mr. Elmsley from the Committee appointed to prepare an Answer to the Message of this day to the Council reported that the Committee had prepared the same which he read in his place as follows, to wit,

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

-------------------- page 939 --------------------
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
Wm Herritage Clk

By Order
3d December 1762

The order of the day being read regarding the Consideration of his Excellency's Message, Resolved the same lie over till To morrow for Consideration.

Then the House Adjourned till 9 oClock Tomorrow Morning.


Saturday 4th December 1762. The House met according to Adjournment

Received from the Council the following Bills—Vizt

The Bill for Ascertaining a proper place for building thereat a Court House Prison, Pillory and Stocks in Edgcombe County, and

The Bill to amend and Further Continue an Act Intitled an Act to Establish a Public Ferry from Newby's Point to Phelps Point whereon the Court House now stands in Perquimons County. Endorsed 2d December 1762. In the upper House of Assembly read the third time and passed.

Ordered to be engrossed.

The Bill for making Provision for an Orthodox Clergy. Endorsed 4th December 1762. In the upper House of Assembly read the second time and passed, and

The Bill to Impower and direct the Commissioners of the districts hereafter mentioned to lay out and make a Road thro' Regans Swamp in Bladen County to the Court House in the said County, Endorsed

-------------------- page 940 --------------------
2d December 1762. In the upper House of Assembly read the third time and Passed

Ordered to be Engrossed

On Motion ordered the Bill to amend an Act, Intitled an Act for the relief of Poor debtors as to the Imprisonment of their Persons be read the second time, read the same a second time, amended passed, and ordered to be sent to the Council

The Bill for Establishing a Town on the Land of William Herritage called Atkin's Banks in Dobbs County &ca be read a second time, read the same a second time, amended passed and ordered to be sent to the Council

On motion ordered the Bill for laying out a Tax on the Inhabitants of the district of Halifax Superior Court &ca be read the third time, read the same a third time amended passed and ordered to be sent to the Council

Sent the above three Bills by Mr. Caswell and Mr. Baker.

The order of the day being read the House took into consideration the Message from his Excellency of the 1st Instant, regarding the payment of £450 Proc due to his said Excellency for the Land called Tower Hill, and Resolved that his Excellency the Governor be paid by the Public Treasurer the sum of four Hundred and Fifty pounds Proc Money with Lawful Interest for the same from the 23d November which was in the year 1758, until the same shall be paid, and that the following Message be sent to his Excellency Vizt

To His Excellency Arthur Dobbs Esqr Captain General Governor &ca

Sir—

This House have Resolved that your Excellency be paid the sum of £450 proc money with Interest by Bills to be drawn at the Current Exchange for that sum on the money belonging to this Province in the hands of James Abercrombie and Samuel Smith Esquires in London

JOHN ASHE Sp

Mr. Gray moved for leave to absent himself from the service of the House

Ordered he have leave accordingly

Mr. Pace moved for leave to absent himself from the service of the House

Ordered he have leave accordingly.

-------------------- page 941 --------------------

Resolved, that the Treasurers of this Province be Impowered to draw by Bills at the highest Current Exchange on James Abercrombie and Saml 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 £650, for discharging Debts owing by the Province to Mr. Jouvencal and Mr. Bacon to be applyed by the said Treasurers 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 Vizt

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 and Samuel Smith Esquires to which resolve we desire your Honors Concurrence

JOHN ASHE Sp.

Then the House adjourned till 4 oClock afternoon

P. M. The House met according to Adjournment

On motion ordered the Bill for destroying Vermin in Orange and Granville Countys &ca be read the second time, read the same a second time amended passed and ordered to be sent to the Council.

Sent by Mr. Moore and Mr. Swann

On motion ordered the Bill to Encourage Joseph Howell to Build a bridge over Tar River at or near the place called Howells Ferry &ca be read the second time, read the same a second time amended passed and ordered to be sent to the Council

Sent by Mr. Moore and Mr. Swann

Then the House adjourned till 9 oClock Monday morning


Monday 6th December 1762 The House met according to Adjournment

On motion ordered the Bill for the further Continueing and amending an Act, for appointing a Militia, and also to amend and Continue one other Act, Intitled an Act for appointing a Militia be read the second time, [read the second time,] amended passed and ordered to be sent to the Council

Sent to the Council by Mr. Bartram and Mr. Benton

-------------------- page 942 --------------------

Received from His Excellency the Governor the following Message Vizt

Mr. Speaker

The Great Number of Bills before you necessary to be passed has prolonged this Session to five weeks, and for the convenience of the Members it will be necessary soon to put an end to the Session by a Prorogation, besides my health, requires that I should return home before the Winter sets in; I must therefore Recommend it to you to Expedite all the necessary Bills before you, and to postpone such as may lie over until next Session, and only to proceed to such things as are at present necessary for the Welfare and Safety of this Province

ARTHUR DOBBS

On motion ordered the Bill for dividing the County of Granville and other purposes be read the third time, read the same a third time, amended passed and ordered to be sent to the Council

On motion ordered the Bill for Destroying Squirrels Crows and Black Birds in that part of New Hanover County called New Topsail Sound be read the third time, read the same a third time amended passed and ordered to be sent to the Council

Sent the above two Bills by Mr. Bartram and Mr. Benton

On motion ordered the Bill for the Encouraging the raising of Hemp &ca be read the second time, read the same a second time and amended

Then the motion was made that the said Bill with the Amendments pass, the question was put and passed in the negative and the said Bill is rejected.

On motion ordered the Bill for erecting that part of New Hanover County called St Philips Parish be read a third time, read the same a third time, Then the motion was made that the said Bill pass and the question put and passed in the Negative, and the said Bill was rejected accordingly

Received from the Council the following Message Vizt

Mr. Speaker & Gentlemen of the Assembly

On reading a third time a 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 through mistake, and ought to have been filled up with the words Prince George, and tho our Inserting the words was agreeable to the Title of the

-------------------- page 943 --------------------
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 6th December 1762 In the upper House

On reading the above Message Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's 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 by Inserting the said words you mention

JOHN ASHE Sp.

6th December 1762

Sent by Mr. Moore and Mr. Swann

On motion ordered the Bill for Increasing the Salarys of the Inspectors of Tobacco, at the Ware House in the Town of Halifax be read the third time, read the same a third time, passed, and ordered to be sent to the Council

On motion ordered the Bill for destroying Squirrels in several Counties be read the third time, read the same a third time, amended passed and ordered to be sent to the Council

On motion ordered the 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 be read the third time, read the same a third time, Passed and ordered to be sent to the Council

On motion ordered the 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 on the North West River in Bladen County be read the third time, read the same a third time amended passed, and ordered to be sent to the Council

-------------------- page 944 --------------------

Sent the above four Bills by Mr. Hutchins and Mr. Ward

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

On Motion ordered the Bill to Impower Thomas Bonner Junr late Sheriff of Beaufort County to receive and collect the arrears of Taxes due in the Counties of Beaufort and Pitt, be read the third time, read the same a third time, passed, and ordered to be sent to the Council

On Motion ordered the Bill appointing the Method of distributing Intestates Estates be read the third time, read the same a third time, amended passed, and ordered to be sent to the Council

Sent the above two Bills by Mr. Elmsley and Mr. Swann

Received from the Council the Bill for the more easy recovery of money due upon Promissory Notes and to render such Notes Negotiable. Endorsed 6th December 1762. In the upper House of Assembly read the second time amended and passed

The Bill for the further Continuing and amending an Act for appointing a Militia, and also to amend and continue one other Act, Intitled an Act for appointing a Militia. Endorsed 6th December 1762. In the upper House of Assembly read the second time and passed, and

The Bill for Destroying Squirrels, Crows and Blackbirds in that part of New Hanover County called New Topsail Sound. Endorsed 6th December 1762. In the upper House of Assembly read the third time and passed.

Ordered to be Engrossed

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen,

In answer to your Message relative to the amendments we proposed to the Bill for Establishing Inferior Courts of pleas &ca 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 Clause should be extended only by the Justices of the Inferior Courts, and desire you'll send some of your Members to see the Same and the other amendments you before agreed to made in the Bill


In the upper House 6th December 1762.

Mr. Speaker and Gentlemen.

On reading a third time the Bill to lay a tax on the Inhabitants of the Several Counties of the districts of Halifax Superior Court to

-------------------- page 945 --------------------
repair the Public prison thereof, and other purposes, We propose to strike out the name of Peter Copeland, and Insert in his stead the Honble Alexander McCulloch Esqr to which if you agree, We desire you will send some of your Members to see the Alteration made.

Resolved the following Message be sent to his Majesty's Council Vizt

Gentlemen of His Majesty's Honble Council

This House herewith send 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 Alexander McCulloch Esqr Inserted in the Bill to lay a tax on the Inhabitants of &c, in place of Peter Copeland as it stood in the Bill when sent to you.

JNo ASHE Speakr

6th December 1762.

Sent by Mr. Elmsley and Mr. Swann.

Then the House Adjourned 'till 9 oClock Tomorrow Morning.


Tuesday 7th December 1762. The House met according to Adjournment

On Motion ordered the Bill for the further continueing and amending an Act for appointing a Militia, and also to amend and Continue one other Act Intitled an Act for appointing a Militia be read the third time, read the same a third time amended passed and ordered to be sent to the Council

On Motion ordered the 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 be read the third time, read the same a third time passed and ordered to be sent to the Council

On Motion ordered the Bill for the more easy Recovery of money due upon Promissory Notes &ca be read the third time, read the same &c passed and ordered to be sent to the Council

On Motion ordered the Bill for appointing Jurymen in all Causes Criminal and Civil be read the third time, read the same a third time, amended passed and ordered to be sent to the Council

Sent the above four Bills by Mr. Ormond and Mr. Ward

-------------------- page 946 --------------------

On Motion ordered the Bill to amend an Act Intitled an Act, Concerning Servants and Slaves be read the second time, read the same the second time then the Motion was made that the said Bill pass, and the question put, and passed in the Negative, and the said Bill is Rejected

Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majesty's Honble Council

This House have taken into consideration the necessity of Establishing a seat of Government in this Province, Have Resolved that an Humble Address be Presented his Majesty requesting him to signify his Royal disallowance of the Act for appointing Tower Hill the seat of Government; and that we should be pleased to approve of the Town of New Bern as a proper place for Transacting the Business of the Public an address for that purpose is herewith sent for your Concurrence, and approbation

JOHN ASHE Sp

7th December 1762

On motion ordered the Bill for making Provision for an Orthodox Clergy be read the third time, read the same a third time amended passed and ordered to be sent to the Council

On motion ordered the Bill for Establishing Vestries and other purposes be read the third time, read the same a third time, passed and ordered to be sent to the Council

Sent the above two Bills by Mr. Baker and Mr. Frohock

Received from the Council the following Bills Vizt

The Bill for the more easy recovery of Money due upon Promisory Notes, and render such Notes Negotiable

The Bill directing the Method of appointing Jurymen in all Causes Criminal and Civil and

The 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, Endorsed 7th December 1762, In the upper House of Assembly, read the third time and passed

Ordered to be Engrossed

The Bill for Establishing Inferior Courts of pleas and quarter Sessions in the Several Counties in this Province, and,

The Bill for dividing the County of Granville, and other purposes, Endorsed 7th December 1762, In the upper House of Assembly read the third time amended and passed

Ordered to be engrossed

-------------------- page 947 --------------------

And also, The Bill to Encourage Joseph Howell to Build a Bridge over Tar River at or near the place called Howells Ferry at Tarborough in Edgcombe County, Endorsed 7th December 1762, In the upper House of Assembly, read the second time, amended and passed

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

This House have 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 Copies of the Letters that have been wrote to him by the Committee of Correspondence for our perusal


7th December 1762—In the upper House

The Committee of Correspondence having acquainted the House that they have not wrote to the agent any Letters since the last session of Assembly for want of having had Instructions from the House to enable them so to do; and that they have received one Letter only from the said Agent of this Province since the sitting of the last Assembly

Ordered the said Committee lay the said Letter before his Majestys Honble Council for their perusal

Received from the Council the following Bills, Vizt

The Bill for destroying vermin in the County of Orange and other Counties.

The Bill to amend an Act, for the relief of Poor debtors as to the Imprisonment of their persons

The Bill for Establishing a Town on the Land of William Herritage at a place called Atkin's Banks in Dobbs County Endorsed 7th December 1762. In the upper House of Assembly read the second time and passed

The Bill for Establishing a Town on the Land of John and William Russell, Minors sons of John Russell, deceased &ca and

The Bill Establishing a post through this Province Endorsed 7th December 1762, In the upper House of Assembly, read the second time, amended and passed

Then the House Adjourned till 9 oClock To morrow morning


Wednesday 8th December 1762 The House met according to Adjournment
-------------------- page 948 --------------------

On motion ordered the Bill for destroying Squirrels in the Several Counties of Orange &ca be read the third time, read the same a third time amended passed and ordered to be sent to the Council

On motion ordered the Bill to amend an Act, Intitled an Act, for the relief of poor Debtors, as to the Imprisonment of their persons be read the third time, read the same a third time, amended passed and ordered to be sent to the Council

On motion ordered the Bill for Establishing a Town on the Land of William Herritage called Atkins Banks &ca be read the third time, read the same a third time, amended passed, and ordered to be sent to the Council

Sent the above three Bills by Mr. Caswell and Mr. Kenan.

Received from the Council the Bill for Increasing the Salarys of the Inspectors of Tobacco at the Ware House in the Town of Halifax.

The Bill for the further continuing and amending an Act for appointing a Militia, and also to amend and continue one other Act Intitled an Act for Appointing a Militia, and the Bill for Enlarging the Time allowed for saving Lots in the Town of Hertford and for other purposes, read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to encourage Joseph Howell to build a Bridge over Tar River at or near the place called Howells Ferry at Tarborough in Edgcomb County be read the third time, read the same a third time, amended passed, and ordered to be sent to the Council.

On motion ordered the Bill for Establishing a Town on the Lands of John and William Russell minors &ca be read the third time, read the same a third time amended passed and ordered to be sent to the Council.

Sent the above two Bills by Mr. Swann and Mr. Elmsley.

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

We have taken into Consideration your Message relating 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

-------------------- page 949 --------------------
such of your Members as you think proper to see the same done. In the upper House, 8th December 1762.

On Reading the above Message—

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majesty's 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

JOHN ASHE Sp.

8th December 1762.

Mr. Harnett from the Committee of Accounts reported the Committee had settled and allowed sundry accounts Exhibited by several Accountants with the Public and laid the same before the House for Concurrence.

The same were read and concurred with except as p the Exception entered in the report Book of the said Committee.

Received from the Council the Bill for the Better care of Orphans and security and management of their Estates Endorsed 8th December 1762, In the upper House of Assembly read the second time and passed

Mr. Harnett Chairman of the Committee of Accounts reported that there is paid into the Committee by John Starkey Esquire Public Treasurer of the Southern district the Sum of £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 time and that Thomas Barker Esqr Treasurer of the Northern district hath also paid into the said Committee £1,463.16.6 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 the sum of Two Thousand Eight Hundred and Thirty pounds four shillings and eight pence, are by Law to be Burnt, therefore, Resolved that the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

The Chairman of the Committee of Public Accounts hath reported that John Starkey Esquire Public Treasurer of the Southern district has paid into the hands of the said Committee Two Hundred and Forty six pounds nineteen shillings and five pence on the Sinking

-------------------- page 950 --------------------
fund, and the sum of six hundred and sixty nine pounds five shillings and eleven pence in Treasurers Notes Interest Included, and also One Hundred and eight pounds fifteen shillings and eleven pence in Notes uttered the second time, and that Thomas Barker Esquire Public Treasurer of the Northern District hath also paid into the said Committee, One Thousand four Hundred and sixty three pounds sixteen shillings, and six pence, on the Sinking fund, and the sum of Three Hundred and Forty one Pounds six shillings and eleven pence in Treasurers Notes Interest Included, which said several sums amounting in the whole to the sum of Two Thousand Eight Hundred and Thirty Pounds four shillings and eight pence are by Law to be burnt: This House have therefore appointed a Committee of the whole House to join a Committee of yours at the House of Richard Cogdell in New Bern at 5 oClock tomorrow afternoon to see the same done

JOHN ASHE Sp.

8th December 1762

On motion ordered the Bill for the better care of orphans and security and management of their Estates be read the third time, read the same a third time passed and ordered to be sent to the Council

Sent the same with the above Message by Mr. Baker and Mr. Frohock.

On Motion ordered the Bill for Establishing a post thro' this Province be read the third time, read the same a third time, then the Motion was made that the said Bill pass, and the question put and passed in the negative and the said Bill is rejected.

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council the following two Messages—Vizt

Mr. Speaker and Gentlemen.

On reading a third time the Bill to amend and continue an Act, Intitled an Act to regulate the Inspection of Pork Beef, Rice &ca, We would propose the following Amendments Vizt That there should be two Inspectors in the Town of Wilmington, That the Collectors should have two shillings and eight pence for Granting a Certificate of his having Administered the Oath to Masters of Vessels. That the Breadth of staves ascertained in the Bill should be clear of sap.

-------------------- page 951 --------------------
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 Court having by the Bill a Power to appoint more than one Inspector in any Town where necessary.

That the Clause allowing Provisions 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 Thirty days which we think will have better effect. To which if you agree we desire you will send some of your Members to see the same made


8th December 1762. In the upper House of Assembly.

Mr. Speaker and Gentlemen.

On reading the third time the Bill for Establishing Vestries and other purposes We observe that you have dele'd the Clause in the said Bill Impowering the Governor or Commander in Chief on Vestries refusing to qualify to nominate and appoint others in their room and stead and as you must be sensible that on such Emergences a power must be lodged some where We propose that that Clause should be reinstated, to which amendments if you agree, we desire you will send some of your Members to see the same made


8th December 1762. In the upper House.

Received from the Council the Bill for the Better care of Orphans and security and management of their Estates. Endorsed 8th December 1762. In the upper House of Assembly read the third time and passed

Ordered to be Engrossed

The Bill to amend and further Continue an Act, Intitled an Act for Facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort. Endorsed 8th December 1762. In the upper House of Assembly read the first time and passed

Then the House Adjourned till 9 oClock Tomorrow Morning


Thursday 9th December 1762. The House met according to Adjournment

On Motion ordered the Bill to amend and further Continue an Act, Intitled an Act for facilitating the Navigation of Port Bath, Port Roanoke, and port Beaufort be read the first time, read the same the first time, Passed and ordered to be sent to the Council

-------------------- page 952 --------------------

Mr. Baker moved for leave to present a Bill to Impower Inferior Courts of Pleas and quarter Sessions to try all Causes commenced in the late Inferior Courts where the Debts Damages and things sued for does not exceed Fifty pounds Proc Money.

Ordered he have leave accordingly.

Mr. Baker presented the above mentioned Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk [and] passed

On Motion ordered the Bill to ascertain the bounds of the several Counties in his Majesty's district of this Province be read, read the same, then the Motion was made that the Bill pass, and the question put and passed in the Negative, and the said Bill is rejected.

Received from the Council 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 and other Purposes.

The Bill to Impower and direct the Commissioners of the District herein after mentioned to lay out and make a Road from John Howards Ferry on Black River thro' Colleys Swamp to the No West River in Bladen County, and,

The Bill appointing the Method of Distributing Intestates Estates, Endorsed 7th December 1762—In the upper House of Assembly read the third time and passed

Ordered to be Engrossed.

Mr. Starkey Chairman of the Committee of Public Claims reported that the said Committee had settled and allowed sundry Claims which he laid before the House, the same were read, and after several amendments and allowances therein made, ordered the same be sent to the Council for Concurrence

Sent the same to the Council,

Received from the Council the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading the third time the Bill for making provision for an Orthodox Clergy, We propose to insert the following Clause Vizt

“And be it further Enacted by the authority aforesaid that no Dissenting Minister of any Denomination whatsoever 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 suing for the same by action of Debt, Bill, plaint or Information in any Court of Record having Cognizance thereof, wherein no Essoign Injunction, Protection, Priviledge or

-------------------- page 953 --------------------
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—In the upper House 8th December 1762.

Received from the Council the following Bills Vizt

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

The Bill to amend an Act Intitled an Act for the relief of poor Debtors as to the Imprisonment of their Persons, and,

The Bill for destroying Vermin in the County of Orange and other Counties therein mentioned Endorsed 9th December 1762 In the upper House of Assembly read the third time and passed Ordered to be engrossed

The Bill to amend and further continue an Act Intitled an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, and,

The Bill to apply the Money already Levied on the Taxable Inhabitants of Currituck County by virtue of an Act Intitled an Act for the Amendment of the navigation of Currituck Inlet, Endorsed 9th December 1762. In the Upper House of Assembly, read the second time and passed. And, also,

The 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 Damages or things sued for does not exceed fifty Pounds Proc Money, Endorsed 9th December 1762 In the upper House of Assembly read the first time and passed

Received from the Council the Address of this House to His Majesty, Endorsed, In the upper House of Assembly, the aforementioned Address was read and Concurred with

(Signed)
JAMES HASELL P. C.

Received from the Council the Bill for Establishing a Town on the Lands of John and William Russell Minors sons of John Russell deceased, on the West side of the North West branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton and other Purposes, Endorsed 9th December 1762 In the upper House of Assembly read the third time and passed Ordered to be engrossed

-------------------- page 954 --------------------

Resolved the following Message be sent to the Council 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 and Continue an Act to regulate the Inspection of Pork Beef &ca We must observe that by deleing the Words Pork, Beef and Rice in the clause respecting the reinspection &ca 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 &ca

To the other amendments this House cannot agree

And also in answer to your other Messages the one received this day regarding the amendments proposed by you to the Bill for making provision for an Orthodox Clergy the other regarding the amendments in the Bill for establishing vestries and other purposes, to which amendments this House cannot agree therefore hope you'l pass the said Bills without them, that the Clerk in order to Expedite the Business of the Assembly may have the same Engrossed

JOHN ASHE Sp

9th December 1762

Sent by Mr. Baker and Mr. Leech

Received from the Council the 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 Endorsed, 9th December 1762, In the upper House of Assembly read the third time and passed Ordered to be engrossed

On motion ordered the Bill to apply the money already Levied on the Taxable Inhabitants of Currituck County by virtue of an Act Intitled an Act to amend and improve the navigation from Currituck Inlet through the district of Currituck County to Albemarle Sound be read the third time read the same a third time passed and ordered to be sent to the Council

On motion ordered the Bill to Impower the several Inferior Courts of Pleas and quarter Sessions to try all Causes Commenced in the Inferior Courts where the Debt Damages or things sued for does not exceed Fifty Pounds Proc Money be read the second time, read the same a second time, passed and ordered to be sent to the Council

On motion ordered the Bill to amend and further Continue an Act, for facilitating the navigation of Port Bath, Port Roanoke and

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Port Beaufort, be read the second time, read the same a second time, Passed and ordered to be sent to the Council

Sent the above three Bills by Mr. Baker and Mr. Leech

Whereas the Law appointing James Davis Printer to this Province Expires at the end of this Session of Assembly, and there being no provision made to continue the said Law therefore it is 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 allowances paid him as was allowed by the above mentioned Law, and that the following Message be sent to his Majesty's Honble Council Vizt

Gentlemen of his Majesty's 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 Inconveniences of having this Province without a Printer, This House have therefore Resolved that the said 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 allowances paid him as was allowed him by the above said Law, and desire your Honors Concurrence thereto

JOHN ASHE Sp.

9th December 1762
Sent by Mr. Baker and Mr. Leech

Ordered that the thanks of this House, be given to the Reverend James Reid for his sermon preached at the beginning of this Session of Assembly, Recommending the Establishing Public Schools for the Education of Youth, and that he be desired to furnish the Printer with a copy thereof, in order that the same may be printed and dispersed in the several Counties within this Province

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council the following Message 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,

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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 Mention Burnt at the House of Mr. Richard Cogdell in New Bern at 5 oClock this Afternoon


9th December 1762—In the upper House

Then the House Adjourned till 9 oClock Tomorrow Morning


Friday 10th December 1762 The House met according to Adjournment

Received from the Council the following Bills Vizt

The Bill for making provision for an Orthodox Clergy

The Bill for Establishing Vestries and other Purposes Endorsed, 9th December, 1762, In the upper House of Assembly read the third time and passed

Ordered to be engrossed

The Bill to amend and further continue an Act Intitled an Act, for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort. Endorsed 9th December 1762. In the upper House of Assembly read the third time and passed.

The 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, Damages or things sued for does not exceed fifty Pounds Proc. money. Endorsed 9th December 1762. In the upper House of Assembly read the second time and passed.

On motion ordered the Bill to amend and further continue an Act, Intitled an Act for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort be read the third time, read the same a third time and passed.

On motion ordered the 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 &ca does not exceed Fifty pounds &ca be read the third time, read the same a third time and ordered to be sent to the Council.

On motion ordered the Bill to Establish a ferry from Solley's point to Relfes Point whereon the Court House now stands in Pasquotank County be read the second time, read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr. Smith and Colo Taylor.

Mr. Boyd moved for leave to absent himself from the service of the House,

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Ordered he have leave accordingly.

Received from the Council the Bill to Establish a Ferry from Solley's Point to Relfes Point whereon the Court House now stands in Pasquotank County. Endorsed 10th December 1762. In the upper House of Assembly read the second time and passed.

On motion ordered the said Bill be read a third time, read the same a third time amended passed, and ordered to be sent to the Council.

Sent by Mr. Sawyer and Mr. Jones,

Received from the Council the following Bills, to wit,

The Bill to Impower the Inferior Courts of Pleas and Quarter Sessions to try all Causes commenced in the late Inferior Courts where the Debt &ca does not exceed fifty Pounds Proc. money.

The Bill to apply the money already Levied on the Taxable Inhabitants of Currituck County by Virtue of an Act Intitled an Act to amend and improve the navigation from Currituck Inlet thro' the district of Currituck County to Albemarle Sound—and

The Bill to encourage Joseph Howell to build a bridge over Tar River at or near the place called Howells Ferry at Tarborough in Edgcombe County. Endorsed 10th December 1762. In the upper House of Assembly Read the third time and passed.

Mr. Moore moved for leave to present an Address to his Excellency the Governor.

Ordered he have leave accordingly

Mr. Moore presented the afore mentioned Address which was read, and Resolved the same stand the Address of this House, be entered on the Journal thereof, and presented to his Excellency Vizt

To His Excellency Arthur Dobbs Esquire, Captain General, Governor and Commander in Chief in and over his Majesty's Province of North Carolina.

Sir—The House having taken into consideration the Loyalty and obedience to his Majesty of his Subjects in this Province so repeatedly manifested by the large Grants which have been made from time to time towards the defence of his Majestys rights and Possessions in North America during the Course of the present War beg leave to request your Excellency to recommend to his Excellency General Amherst that he will be pleased to Certify to your Excellency as soon as conveniently may be the number of and time the Troops raised in this Province for his Majesty's Service in the years 1760 and 1761, have been employed in such service to the end that

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our agent in England may be Instructed to make Representation thereof to his Majesty, and apply for a reimbursement to this Province of a part of the great Expence which it hath incurred in the raising Cloathing and Paying such Troops

JOHN ASHE Sp.

10th December 1762

Sent the above to his Excellency.

Received from his Excellency the following Written Message, Vizt

Mr. Speaker and Gentlemen of the Assembly

Having been informed that your House have Resolved that there should be only a Commissioned officer at 2 shillings p diem and Ten men allowed for the Defence of Fort Johnston, and an officer at the like pay and five men for Fort Granville; I find myself under a necessity of observing to you upon the Insufficiency of that Provision, and that I cannot answer the acceptance thereof to his Majesty. I am therefore to desire that you would reconsider this matter, and (as the smallest provision which can be made) agree to a Resolve for allowing an Ensign (in full Pay) a Corporal Serjeant and twenty five men for the defence of Fort Johnston, and the stores and ammunition which are lodged there; and a Serjeant and Ten Men at Fort Granville, to remain in Service 'till I receive authentic Accounts of a Ratification or cessation of Arms, and no Longer.

I apprehend you will think this a reasonable measure, but should you not, I must inform you that I shall in that Case be under a necessity of raising a Company of Militia for the defence of those Forts and the stores and ammunition lodged therein which will be attended with double the expence to the Country.

ARTHUR DOBBS.

10th December 1762.

Resolved that the Committee of Correspondence be charged with the Address of this House, to his Majesty regarding the fixing the Seat of Government at Newbern, under the Seal of this Province to the Agent thereof in London with directions to him to solicit the same.

Then the House Adjourned 'till 4 oClock Afternoon.

P. M. The House met according to Adjournment

Received from the Council the Bill for Establishing a Ferry from

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Solley's Point to Relfes Point whereon the Court House now stands in Pasquotank County, Endorsed 10th December 1762, In the upper House read the third time and passed.

Ordered to be Engrossed.

Resolved the following Message be sent to his Excellency the Governor,

To His Excellency Arthur Dobbs Esqr Captain General, Governor &ca

Sir We beg leave to acquaint your Excellency that our Resolve in relation to the appointment of Ten men and a Commissioned officer to preserve the Guns and ammunition now in Fort Johnston, and Also five men at Fort Granville was rather considered by us as a means to preserve the said Forts than to repel any Hostile attempts that may be made upon our Trade and Navigation, and that after most seriously considering your Excellencys Message we think we have no reason to recede from our former resolve as the eve of a peace Justifies the same, and renders numerous Garrisons the less necessary.

We have that assurance in your Excellencys Protection as to believe should an Enemy invade this Province not only in the vicinity of Fort Johnston and Fort Granville but elsewhere every Act of Assembly that will accord with your Excellencys most just disposition to preserve this Province and his Majestys Subjects will be put in Execution.

JOHN ASHE Sp

10th December 1762

Sent by Mr. Swann and Mr. Smith

Then the House adjourned till 9 oClock Tomorrow morning


Saturday 11th December 1762. The House met according to Adjournment.

Resolved the following Message be sent to the Council Vizt

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 proc Money (with Interest) being the purchase Money for the Tower Hill Land he paid to his Excellency by Bills to be drawn at the Current Exchange out of the Money in the hands of James Abercrombie

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and Samuel Smith Esquires in London to which this House desire your Honours Concurrence.

JOHN ASHE Sp

11th December 1762

Sent by Mr. Swann and Mr. Smith

Received from the Council the Message from this House of this day sent to them regarding the payment of £450, to his Excellency for the purchase Money of the Land called Tower Hill, Endorsed, In the upper House 11th December 1762, Concurred with

JAMES HASELL P.

Received from the Council the following Message Vizt

Mr. Speaker & Gentlemen of the Assembly

Anthony DuBoice 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 Motts Ferriages of some soldiers, Three pounds proc Money we would propose to you to make a Resolve to allow the said DuBoice six pounds the rate of his Ferry being twice as much as that of Motts In the upper House of Assembly, 11th December 1762.

On Reading the above Message, Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council

In answer to your Message regarding the allowance to Anthony DuBoice for Ferriages of some Soldiers, This House Resolve that the said sum of six pounds agreeable to your said Message be paid to the said DuBoice for Services aforesaid

JOHN ASHE Sp.

11th December 1762.

Resolved the Treasurers provide new Gowns for the Door keeper and Mace Bearer to the Council, and also to the Doorkeeper and Mace Bearer to this House and that they pay the Charge thereof out of the Contingent fund, and be allowed the same on passing their Accounts with the Public

Sent the following Message to the Council, Vizt

-------------------- page 961 --------------------

Gentlemen of His Majesty's Honble Council

This House have Resolved that the Treasurers do provide new Gowns for the Door keeper and 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 be allowed the same on passing their accounts with the public, to which desire your Honors Concurrence

JOHN ASHE Sp.

December 11th 1762.

Sent by Mr. Jones and Mr. Williams

The Chairman of the Committee of Accounts reported that the Committee of the whole House and also the Committee of the Council met at the House of Richard Cogdell in New Bern the 9th Instant, and that the several Sums mentioned in the Message from the House to the Council of the 8th Instant were burnt.

Resolved the following Message be sent to his Excellency the Governor Vizt

To His Excellency Arthur Dobbs Esquire, Captain General, Governor &ca.

Sir—It appearing to this House that no Writ for Electing a Member for the Town of Halifax to sit and vote in this Present Assembly came to the hands of the Sheriff of Halifax by reason whereof no member for that Town could be regularly Elected and the said Town is not thereby represented in this Assembly; Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ to the Sheriff of Halifax County for Electing a Member for the said Town to sit and vote in this present Assembly.

JOHN ASHE Sp.

11th December 1762.

Received the following Message from the Council Vizt

Mr. Speaker and Gentlemen of the Assembly.

On considering your Resolve of the 9th Instant relative to the Treasurers 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 pounds sterling for the highest Advance

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that can be got towards the discharging of the Debt due by the Public for Contingencies and payment of the Governor, and no other purposes whatsoever; and that the Treasurer shall before he draw the said Bills enter into Bond with security in the Sum of £10,000 proc Money payable to the Governor and Commander in Chief for the time being, Conditioned for his well and faithfully complying for the same, and that he be allowed one p Ct for the same, We will agree to such a Resolve.

On reading the above Resolve and considering the same Resolved this House cannot concur thereto

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen

On reading the Resolve of your House for Continuing 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 Journals of this Assembly and allow him an adequate sum for the same and for transmitting the Laws to the several Counties we will concur therewith


11th December 1762—In the upper House

Resolved that James Davis Printer do print the Laws passed this Session and the Journals of this 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 proc Money, and that the following Message be sent to the Council, to wit

Gentlemen of his Majestys Council,

This House have resolved that James Davis printer do print the Laws passed this Session and the Journals of this Asssmbly, 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 proc Money to which desire your Honors Concurrence

JOHN ASHE Sp.

11th December 1762

Received from the Council the two Messages sent from this House to them the one regarding the Resolve that the Treasurers provide

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Gowns for the door keepers and Mace Bearers to the Council and this House; The other regarding the allowance to Anthony Du Boice of six pounds for ferriages of some soldiers, Endorsed 11th December 1762 In the upper House Concurred with

JAMES HASELL P.

Received from the Council the Message sent them the 20th November regarding the Payment of £15.3.10 To Timothy Clear for Provisions and Liquor found the Indians this Assembly, Endorsed, 11th December 1762, In the upper House Concurred with

Resolved the following Message be sent to the Council,

Gentlemen of His Majesty's Honble Council

We are sorry this House cannot agree to the purport of your Message relative to Impowering the Treasurer to draw for only part of the money belonging to this Province in the hands of Mr. James Abercrombie and Samuel Smith Esquire as we Conceive it highly Necessary to draw for the whole of that money, least it should return into the Treasury, and thereby cause an Expence to this Province which should our Resolve take effect will be avoided. We therefore hope your Honors will Concur with the Resolve of this House sent you relative to the said Money

JOHN ASHE Sp

Sent by Mr. Moore and Mr. B. Harvey

His Excellency the Governor sent a Message to this House requiring the immediate attendance thereof, in the Council Chamber with the Engrossed Bills

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber and Mr. Speaker presented him the following Bills to wit

The Bill for Establishing Superior Courts of Justice &ca &ca

To all which his Excellency was pleased to assent (Except) the Bill for appointing Vestries,

The Bill for dividing the County of Granville,

The Bill for appointing a place for building thereat a Court House &ca in Edgcombe County, and the Bill for destroying Squirrels, Crows and Blackbirds in that part of New Hanover County Called New Topsail Sound, which his Excellency was pleased to reject Then desired the House to return and finish the business before them

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Mr. Speaker with the House returned and Mr. Speaker acquainted the House he had presented the foregoing Thirty two [sic] Bills

The Committee of Correspondence acquainted the House that they had received from Couchet Jouvencal Esquire agent of this Province a Copy of the Minutes of the Proceedings of the right Honble the Lords Commissioners for Trade and Plantations in regard to a Representation made to them by his Excellency Arthur Dobbs Esqr his Majestys Governor of this Province in his Letter to them dated in December 1761, against the Lower House of Assembly as sitting up some Extraordinary Claims and pretentions mentioned in his said Letter, and their Lordships opinion thereon, and laid the same before the House, and it appearing that the several Articles whereon the said Representation was founded were not justly and fairly Represented to their Lordships, Therefore Resolved that the Committee of Correspondance answer and explain the several Matters in the said Charges Mentioned

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

As our Clerk omitted to make a Charge in our Estimate for the use of the House in which we sit, and the fire and Candles which have been 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, 11th December 1762, In the Assembly Concurred with

Received from the Council the report of the Committee of Claims, Endorsed 10th December 1762 In the upper House the foregoing reports were read and Concurred with

JAMES HASELL P. C.

Received from the Council the reports of the Committee of Accounts Endorsed 11th December 1762. In the upper House the foregoing reports were concurred with but the Exception made disapproved of, and it is the opinion of this House that a Ballance of Three Hundred and seventy four pounds and two pence is due to Colo Waddell for the Services mentioned in the said Reports

JAMES HASELL P. C.

Resolved that —— Vide the Resolve of a former session of Assembly at Wilmington regarding the non concurrence of the Council to the report of Committee of Claims or Accounts [sic]

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Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly—

On reading your Resolve for allowing James Davis Two Hundred pounds to Print the Laws passed this Session &ca 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 six months longer


11th December 1762

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

In answer to your Message regarding the printer, We must observe that it is our opinion an Act cannot be continued by a Resolve of the two Houses therefore do not think it Consistent to concur with your proposals

JOHN ASHE Sp.

11th December 1762.

Sent by Mr. Kenan and Mr. Williams

Then the House Adjourned till 9 oClock Monday Morning.

His Excellency was pleased by Proclamation to Prorogue this Assembly