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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
February 03, 1764 - March 10, 1764
Volume 06, Pages 1089-1150

LEGISLATIVE JOURNALS.
[B. P. R. O. North Carolina. B. T. Vol. 33.]


North Carolina—ss.

At an Assembly begun and held at Wilmington the Third day of February, in the Year of Our Lord One Thousand seven hundred and Sixty four, and in the fourth 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, &c. being the first Session of this Assembly.

In the Upper House
Present
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
and
The Honble John Sampson Esqr

Then the House adjourned till 10 o'clock to Morrow Morning


Saturday Morning The House met according to adjournment
Present
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
and
The Honble Alexr McCulloh Esqr

Then his Excellency was pleased to command the attendance of the Assembly, who accordingly attended, and his Excellency delivered to both Houses the following Speech, to wit

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

The reason of my meeting you so late, has been in great measure Occasioned by the late Assemblys dissolving themselves rather than submit to meet and Act by the Quorum appointed by his Majesty's Instructions; which is his Majesty's undoubted prerogative to direct, and the Rule which all the Colonies must submit to, and the delay of meeting the former Assembly was Occasioned by his Majesty's Commands to me, to meet the several Southern Nations of Indians, along with the Southern Governors upon this Continent at

-------------------- page 1090 --------------------
a Congress in order to fix all the Indian Nations, which were in the Neighbourhood of the French and Spaniards in Louisiana and Florida in the British Interest as Friends and Allies upon so glorious a Peace, as has secured to us so great an Empire in North America, in which Congress I have now the pleasure to inform you, that we have had the desired Success by having made a Treaty of Perpetual Peace and Alliance with the Chickesaw, Choctaw, upper and lower Creek, Cherokee and Catabaw Indians and settled all their Claims and Boundaries with Virginia, North and South Carolina and Georgia to their Satisfaction, which I hope will make the Peace with them permanent so that the Inhabitants of these Southern Colonies may be safe from any Indian Depredations for the future.

Mr. Speaker, and Gentlemen of the Assembly, as I have received no Commands from his Majesty to require any aid from you, I shall only recommend to you, the keeping the same Number of Men in Fort Johnston, to take care of the Fort and Stores; and to secure Fort Granville, until such time as his Majesty shall give Orders, how those Forts shall be Garrisoned by the regular Forces; and hope you'll think it for the publick Good of this province, to give Premiums upon the Exportation of Hemp and Flax to Great Britain and Ireland.

The Act for laying a Duty upon Tonnage of Shipping being now expired, as there is now a settled Peace, I shall only recommend it to you as a Law fit to be reenacted, and of Publick Service, by lessening the Duty, and Appropriating the sum raised to fix Buoys, Beacons and Perches, at the several Bars, and in the Rivers leading to the Principal Trading Towns; and to apply the surplus to supply the several Stores with Ammunition—As the fund for contingencies will soon expire, it will be necessary for the Publick Service, to continue a further aid for that purpose, and I shall concur with you, and the Council, in drawing for the Money lying in the Agents Hands in London to pay for Debts not yet provided for and to apply the Surplus to sink the Paper Bills now standing out;

As many Counterfeit Bills are now passing; and as many paper Bills are worn out and scarce passable I must recommend it to you to call in all the Bills so worn out in order to be burnt and to issue out new Bills to be exchanged for such torn or defaced Bills.

-------------------- page 1091 --------------------

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

There are several Bills necessary to be Re-enacted and Amended, particularly the Superior Court Law, the Vestry Law, the Inspection and Militia Laws.

It is with great concern that I must take notice that notwithstanding there is a provision made for the Maintenance of an Orthodox Parochial Clergy; there is not at present more than Six established Clergymen in the province, to officiate in near Parishes; and that there are not above three or four Churches finished in the Province fit for divine Service; which is the reason why so many Sectarys abound and gross Immoralitys prevail for want of properly instructing and educating the rising Generation.

I therefore recommend it to you as a wise measure, to enact a Law, that all such parishes as have no Churches erected or Clergymen established, shall be obliged to raise the sum annually allowed by the Law until Clergymen are fixed in such Parishes in order to erect Churches and Glebe Houses, in each Parish, as an encouragement for pious and learned Clergymen to come and reside in this Colony, and also to raise a fund to encourage Schools in each Parish that at least the appearance of Religion may be kept up in this Province.

As the Law for appointing publick Treasurers is now expired, with the Tax which was then raised for which they were appointed, as I have no instructions from his Majesty how to have them appointed for the future, I can only concur, in continuing or appointing Treasurers for a short time, until his Majesty's Pleasure is known.

As I have nothing more at heart than to promote the practice of Morality, and our holy Religion and to secure the peace and prosperity of this Province, by encouraging industry and Commerce and preserving his prerogative and the Rights and Libertys we enjoy by our happy Constitution in Church and State, I shall heartily concur in all Salutary Laws for those purposes in order to promote the general good of this province

Then the House proceeded to take under consideration his Excellency's Speech and ordered it to be read which was accordingly done, and the Honble James Hasell, John Rutherford and Lewis De Rossett Esquires appointed a Committee to draw up an address in answer to his Excellency's Speech.

Then the House Adjourned till 10 o'clock Tomorrow Morning.

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Monday Morning 10 o'clock February 6th 1764. The House met according to adjournment.
Present
James Murray
James Hasell
John Rutherford
Lewis De Rossett
John Sampson
Alexr McCulloh

Then the House adjourned till 10 o'clock tomorrow Morning


Tuesday February 7th 1764. The House met according to adjournment.

Present as before

Then the House adjourned till 10 o'clock tomorrow morning.


Wednesday Morning Feb'ry. 8th 1764. The House met according to adjournment.

Present as before

Received from the Assembly the following Message.

Gentlemen of his Majesty's Honble Council,

This House have appointed Mr. Harnett, Mr. Harris, Mr. Montford, Mr. Leech, Mr. James Moore, Mr. Cray and Mr. Gibson a Committee of this House to settle the publick Accounts of this province, and Mr. Starkey Mr. Caswell, Mr. Benton, Mr. Bartram, Mr. Kennan, Mr. Bell & Mr. Simpson to settle and allow Publick Claims in conjunction with such of your Honours, as you shall think proper to appoint.

JOHN ASHE Speaker.

7th February 1764.

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

Mr. Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committee we have appointed the Honble James Hasell, John Rutherford, Alexander McCulloh Esquires a Committee of this House, to examine State and Settle the Publick Accounts, and the Honble Lewis De Rossett

-------------------- page 1093 --------------------
and John Sampson Esquires, a Committee of this House, to settle and allow the publick Claims.

By Order
BURGWIN Clk.

8th Feb'y. 1764.

The Committee appointed by this House, to draw up an address in answer to his Excellency the Governors Speech, reported that they had prepared the same which was Ordered to be read.

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

May it Please your Excellency,

We his Majesty's most dutifull and Loyall subjects the Council of this province, beg leave to return your Excellency our sincere and hearty thanks for your Speech at the beginning of this Session.

It is with pleasure we embrace this opportunity, of congratulating your Excellency on your safe and happy Return from the Congress at Augusta; the Zeal your Excellency has shewn in obeying his Majesty's Orders, and your attachment to the Publick Welfare, in undergoing so fatiguing a Journey, at a time when your bad State of Health rendered such an undertaking very dangerous demands our most grateful Acknowledgement And we hope your Excellency's endeavours to conclude a perpetuall peace with the several Nations of Indians there assembled will be attended with the desired Success, & considerably add to the Security of this extensive Continent, and the Tranquility of the Southern Colonies, such a prospect fills us with great Joy, and we doubt not that your Excellency's constant attachment to the true interest and happiness of this Province, will give great satisfaction to all those, that have the good of their country at heart.

We have long lamented the want of Churches and an established clergy, in the different Parishes of this province, and Shall readily joyn with the other House in such Laws as shall be necessary, for the encouragement of pious and learned Clergymen to come and reside here, and for the other purposes your Excellency has so wisely recommended, Assuring your Excellency that whatever may tend to support, not only the Appearance, but the real Existence & practice of true Religion in this Province, and contribute in any shape to the prosperity and happiness of the People, and to the Honour of

-------------------- page 1094 --------------------
your Excellency's Administration, shall always meet with our hearty and zealous concurrence.

JAMES MURRAY President.

Then the House adjourned till 10 o'clock tomorrow morning.


Thursday Morning Febry. 9th 1764 The House met according to Adjournment.

Present as before

This House waited on his Excellency and by the Honble James Murray Esqr. presented him with their Address, to which he was pleased to make the following Answer.

I return you my sincere thanks for this Kind and affectionate address, and the Zeal you express for the Welfare of this Province;

Your Kind Acceptance of my having done my Duty, in attending at the Indian Congress, is very agreeable to me, as well as your concurrence in promoting true Religion and Virtue, and the happiness of this Colony, which will add to my Zeal in promoting his Majesty's Service, and the general good of all his American Empire.

Received from the Assembly by Mr. James Moore and Mr. Sampson, the following Message to wit

Gentlemen of His Majesty's Honble Council,

For the preservation of the good Order and Harmony, which ought to subsist between you, the Gentlemen of his Majestys Honble Council, and this House we have appointed Mr. Speaker, Mr. Harnett, Mr. Starkey, Mr. Maurice Moore and Mr. Harris, a Committee to settle the decorum to be observed between your Honours and this House, on transacting the Business of this Province, in the several Assemblys hereafter to be held, and also the sums that shall hereafter be allowed on the Estimates, for the extra Services of the Clerks, and the Clerks of the several Committees, and other Clerks to be occasionally employed, which after being concurred with by the Council and Assembly and entered on the Journal thereof shall be the Rule for making out the Estimates for the future in conjunction with such of your Honours, as you shall think proper to appoint.

JOHN ASHE, Speaker.

9th Febry. 1764.

Then the above Message was on motion, read and taken into con

-------------------- page 1095 --------------------
sideration, and Ordered that the following Message be sent to the Assembly viz:

Mr. Speaker and Gentlemen of the Assembly,

Taking into consideration your Message of this day, for appointing a Committee to settle the Decorum to be observed between this House and the Assembly, and also for regulating the Estimates for the Clerks This House appoint the Honble the President, the Honble James Hasell, & John Rutherford Esquires a Committee to confer with the Committee of your House, on the premises & to report.


9th Febry. 1764In the Upper House
By order
J BURGWIN Clk.

Then the House adjourned till 4 o'Clock.

Thursday afternoon.

The House met according to Adjournment.

Present as before

Received from the Assembly by Mr. Bell and Mr. Bartram the following Message,

Gentlemen of His Majesty's Honble Council,

This House finding that thro' Age and other Infirmities, Daniel Dupee, Mace Bearer thereto, is become incapable of longer performing the dutys Acquired by that Office, therefore have thought proper to discharge him therefrom, and in consideration of his being very aged, poor, helpless and unable to get a livelyhood and also of his faithfull Service, and good behaviour in his said Office, have Resolved that he be allowed Ten pounds per Annum during his natural Life, to be paid him out of the contingent Fund by the Treasurers of this Province; and that the same be allowed them on passing their Accounts with the Publick, to which desire your Honours Concurrence.


9th Febry. 1764
In the Upper House, Concurred nem. con.
JAMES MURRAY President.
By order
Burgwin Clk.

Then the House adjourned till 10 o'clock tomorrow Morng.

-------------------- page 1096 --------------------

Fryday Morning Feb'y. 10 1764 The House met according to Adjournment.

Present as before

Received from the Assembly by Mr. Benton & Mr. Gibson

A Bill for altering the dividing line betwixt the Counties of Bladen & Cumberland.

On motion read the first time & passed.

A Bill for erecting part of St Philips Parish in New Hanover County, and the lower part of Bladen County into a Separate County by the name of       County and for dividing the County of Granville, and erecting that part thereof called St John's Parish into a separate and distinct County and other purposes.

On motion read the first time amended and passed.

Recd from the Assembly by Mr. Leech & Mr. James Moore the following Bills to wit.

A Bill concerning Vestries.

On motion read the first time & passed. (Sent to the Assembly.)

A Bill to encourage and impower William Dry to make a Publick Road thro' the great Island opposite to the Borough of Wilmington.

On motion read the first time and passed. (Sent to the Assembly.)

A Bill for ascertaining a proper place for Building thereat, a Court House, Clerks Office, Prison and Stocks for the County of Edgecombe.

On motion read the first time & passed.

Then the House adjourned till 3 o'clock.

The House met according to Adjournment.

Present as before

Then the House adjourned till 10 o'clock tomorrow Morning.


Saturday Morning 11th February 1764 The House met according to adjournment.

Present as before

Recd. from the Assembly by Mr. Harnett & Mr. Hardy the following Bills to wit

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

On motion read the first time & passed.

A Bill for encouraging the Culture of Hemp & Flax.

On motion read the first time & passed. (Sent to the Assembly.)

Then the House adjourned till 10 o'clock on Monday morning

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Monday morning Febry 13th 1764. the House met according to Adjournment.
Present
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr &
The Honble Alexander McCulloh Esqr

Read from the Assembly by Mr. Howe & Mr. James Moore the following Resolve, to wit,

Gentlemen of his Majesty's Honble Council

Execution having issued on Judgment obtained by the Publick, against the real & Personal Estate, of the late Jeremiah Vail and the personal Estate, after being sold, not amounting to near the value of the said Debt due to the Publick and the Lands having been exposed to sale, to satisfy the Residue of the said Debt, and no Bidders for the said Lands appearing, the same were not sold; and this House being Acquainted that if the said Lands were sold at six Months Credit, on Bond with good Security given, it would greatly enhance the price thereof, whereby the publick may receive the full Ballance of the said Debt due.

This House have therefore Resolved, that the Treasurer of the Southern District, give Directions to the several Sheriffs, who have the said Executions in their Hands, to sell the said Lands at Six Months Credit, on Bond with good Security, and desire your Honours Concurrence.

JOHN ASHE, Speaker.
By Order
W. Herritage Clk.

13th February 1764.

Recd. from the Assembly by Mr. Howe & Mr. James Moore a Bill for appointing a Militia.

On motion read the first time & passed. (Sent to the Assembly.) Recd. from the Assembly by Mr. Montford & Mr. Benton a Bill for Erecting in the town of Halifax a public Gaol & Gaoler House for the District of Halifax in this Province.

Recd. from the Assembly by Mr. Leech & Mr. Caswell, a Bill for annexing part of Craven County, to Dobbs County and for removing the Seat of the Inferior Court of the said County of Dobbs from Walnut Creek to Kingston and for other purposes.

On motion, read the first time and passed.

Then the House adjourned till 10 o'clock tomorrow morning.

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Tuesday morning Febry 14th 1764. The House met according to adjournment.

Present as before.

Then on motion, the Bill for Erecting in the Town of Halifax, a Publick Gaol, and Gaolers House for the District of Halifax in this Province, was Ordered to be Read. Read the first time & passed.

Recd. from the Assembly, by Mr. Moore & Mr. Harris a Bill for Erecting part of St Philips Parish in New Hanover County and the lower part of Bladen County, into a separate County, by the name of Brunswick County, and for dividing the County of Granville, and Erecting that part thereof called St Johns Parish into a separate and distinct County, and other purposes.

Then the House adjourned till 10 o'clock tomorrow morning.


Wednesday morning Febry 15th 1764. The House met according to adjournment.
Present
The Honble James Murray Esqr
The Honble Lewis De Rossett Esqr
The Honble James Hasell Esqr
The Honble John Sampson Esqr
The Honble John Rutherford Esqr
The Honble Henry Euste McCulloh Esqr
The Honble Alexander McCulloh Esqr

Recd from the Assembly, by Mr. Howell & Mr. Gibson the following Bills to wit

A Bill for appointing a Treasurer in the room of Thomas Barker Esqr

On motion, Read the first time & passed

A Bill for altering the dividing Line betwixt the Counties of Bladen & Cumberland.

On motion, Read the Second time & passed.

A Bill for Erecting in the Town of Halifax, a publick Gaol, and Gaolers House, for the District of Halifax in this province.

A Bill for Ascertaining a proper place, for Building thereat, a Court House, Clerks Office, Prison & Stocks, for the County of Edgecombe.

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

Mr. Speaker, & Gentlemen of the Assembly,

In answer to your Message of the 13th concerning the Sale of the Lands of the late Jeremiah Vail deceased, this House will join you in an Address to his Excellency the Governor praying him to give Orders

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to the Treasurer of the Southern District, & by him to the proper Sheriffs directing them to sell the said Lands at Six or Twelve Months credit, taking good security upon Bond and Judgment, that the Price of the said Lands may be enhanced for the Benefit of the Publick and of the Defendants in the Suit, and the Sheriffs to return the Bonds so taken, to the said Treasurer.

In the Upper House
By Order
BURGWIN Clk

15 February 1764

Recd from the Assembly, by Mr. Simpson & Mr. Bryan the following Message to wit

Gentlemen of His Majesty's Honble Council

Mr. Dry who undertook to finish Fort Johnston, acquainted the House, that he had finished the said Fort, pursuant to his Agreement, and desires a Committee may be appointed to view the same. This House have therefore appointed Mr. Speaker, Mr. Corbin, Mr. Montford, Mr. Caswell, Mr. Harnett, Mr. Harris & Mr. Starkey, a Committee of this House in conjunction with such of your Honours as you shall think fit to appoint for that purpose.

JOHN ASHE Speaker.
By Order
William Herritage Clk

14th Feby 1764

Then on motion, the above Message was Read and taken into consideration, and Ordered that the following Message be sent to the Assembly to wit

Mr. Speaker & Gentlemen of the Assembly

In Answer to your Message, relative to the appointment of Committees for the examination of Fort Johnston This House appoint The honble John Sampson Henry Eustace McCulloh and Alexr McCulloh Esqrs a Committee thereof, to view the said Fort, and report accordingly.

Recd from the Assembly by Mr. Simpson and Mr. Bryan a Bill directing the Boundary line between the Counties of Dobbs & Pitt, & appointing Commissioners to see the same run.

On motion read the same the first time & passed

Then the House adjourned till 10 o'clock tomorrow Morning.

-------------------- page 1100 --------------------

Thursday Morning February 16th 1764. The House met according to Adjournment.
Present
The honble James Murray Esquire
The honble James Hasell Esquire
The honble John Rutherford Esquire
The honble Lewis De Rossett Esquire
The honble John Sampson Esquire
The honble Henry Eustace McCulloh Esquire
The honble Alexander McCulloh Esquire

Recd from the Assembly, the following Bills by Mr. Caswell & Mr. Cray.

A Bill concerning Vestries.

A Bill to regulate the inspection of the several Comodities therein mentioned.

On motion read the first time and passed.

A Bill for annexing part of Craven County to Dobbs County and for moving the Seat of the Inferior Court of the said County of Dobbs, from Walnut Creek to Kingston, and for other purposes.

On motion ordered to lie on the Table for consideration.

A Bill to revive and continue an Act intituled an Act to make provision for paying the Chief Justice and Attorney General Salaries, and defraying the contingent Charges of Government.

On motion read the first time and passed.

A Bill to supply the Treasury, by laying an additional Duty on Wine and Distilled Liquors imported into this Province

Recd. from the Assembly the following Message to wit

Gentlemen of His Majestys Honble Council

This House by their Message to your Honours of the 9th instant, having acquainted you that we had discharged Daniel Dupee, from his Office of Mace Bearer thereto, and Resolved to allow him the sum of Ten pounds per annum, during his natural Life, which said Message we received from you endorsed in the upper House, Concurred with Nem. Con. 9th February 1764. Since which the said Daniel Dupee is dead, and thereby the said allowance will Cease.

Therefore this House have Resolved, that the sum of Ten pounds be paid to Benjamin Fordham the present Mace Bearer to this House, to discharge the funeral Expenses of the said Daniel Dupee, and after the said Charges are satisfied to pay or cause to be paid, the

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surplus to the Widow of the said deceased, and desire your Honours concurrence thereto.

JOHN ASHE, Speaker.
By order
Wm Herritage Clk.

15th February 1764

16th February 1764
In the Upper House, Concurred with.
Signed
JAMES MURRAY Presit
By Order
Burgwin Clk

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

A Bill to supply the Treasury by laying an additional Duty on Wine and Distilled Liquors, Imported into this Province.

A Bill Directing the Boundary Line, between the Counties of Dobbs & Pitt, and appointing the Commissioners to see the same Run.

A Bill to revive and Continue an Act intituled an Act, to make provision for paying the Chief Justice and Attorney General Salaries, and defraying the contingent Charges of Government.

A Bill for appointing a Militia.

A Bill for encouraging the Culture of Hemp & Flax

A Bill for appointing a Treasurer in the room of Thomas Barker Esquire.

Then the House adjourned till 10 o'clock tomorrow Morning.


Fryday Morning Febry 17, 1764. The House met according to adjournment.
Present
The honble James Murray Esquire
The honble James Hasell Esquire
The honble John Rutherford Esquire
The honble Lewis De Rossett Esquire
The honble John Sampson Esquire
The honble Henry Eustace McCulloh Esquire
The honble Alexander McCulloh Esquire

Received from the Assembly by Mr. James Moore and Mr. Howe the following Bills to wit.

A Bill to impower the several County Courts in this Province, to order the laying out of Public Roads and Establish and settle Ferries

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and to appoint where Bridges shall be Built for the use and Ease of the Inhabitants.

On motion read the first time, amended and passed.

A Bill for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court to repair the publick Goal thereof and other purposes.

On motion Read the first time, Amended & passed.

A Bill for further continuing James Davis, Printer to this province.

On motion, Ordered to lie on the Table for consideration.

A Bill for altering the dividing line, between the Counties of Bladen & Cumberland.

Then on motion, ordered that the Bill concerning Vestries be Read a second time.

Read the same a second time, and then on motion, Resolved that 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, for the purpose aforesaid, and made choice of the Honble Mr. Sampson for Chairman, who took the Chair accordingly.

After some consideration, the Committee came to several Resolutions, and then on motion, the Honble the President resumed the Chair.

The Committee proposed several Amendments to the said Bill, which he laid before the House, and then on motion Ordered that the said Amendments be inserted in the said Bill.

The same are inserted accordingly, and then on motion, the said Bill was read again and passed the Second time with Amendments.

Recd. from the Assembly, by Mr. Nash & Mr. Moore the following Bills to wit

A Bill for an Act to amend an Act intituled An Act, for the Relief of such persons as have suffered, or may suffer, by not having had their Deeds, and Mesne Conveyances proved and Registered, within the time heretofore appointed for those purposes and to prevent disputes and Law Suits concerning Lands.

On motion, Read the first time & passed.

A Bill to amend, explain and Continue an Act, Intituled an Act for dividing this province into five several Districts &c.

On motion, Read the first time & passed.

Then on motion the following Bills were ordered to be Read

A Bill for Erecting in the Town of Halifax, a Publick Goal and Goalers House, for the District of Halifax in this Province.

-------------------- page 1103 --------------------

Read the Second time, Amended & passed.

A Bill for ascertaining a proper place for Building thereat a Court House, Clerks Office, Prison & Stocks for the County of Edgecombe.

Read the Second time and passed.

A Bill directing the Boundary Line, between the Counties of Dobbs & Pitt, and appointing Commissioners to see the same run.

Read the Second time and passed

Then the House adjourned till 9 o'clock tomorrow Morning.


Saturday Morning Feby. 18th 1764 The House met according to adjournment.

Present as before

Received from the Assembly by Mr. Ormond and Mr. Taylor the following Bills to wit

A Bill for destroying Vermin, in the several Counties within this Province.

On motion Read the first time and passed.

A Bill to regulate the inspection of the several Commodities herein mentioned.

Received from the Assembly by Mr. Kennan and Mr. Coal, the following Bills to wit.

A Bill to Impower the Public Treasurer to draw for the proportion of Money, granted by Parliament to this Province now in the hands of James Abercrombie and Samuel Smith of London Esquires.

On motion, Read the first time and passed.

A Bill to Impower the Inferior Courts, of the several Counties in this Province, to order the laying out of Publick roads, and Establish and settle Ferries and appoint where Bridges shall be Built for the Use and Ease of the Inhabitants and to clear navigable Rivers and Creeks.

A Bill to continue Couchet Jouvencal Esquire Agent for this Province.

On motion, Read the first time and passed.

A Bill to continue an Act Intituled an Act to amend and further continue, an Act Intituled an Act for facilitating the Navigation of Port Bath, Port Ronoak and Port Beaufort, passed the 31st day of May One thousand Seven hundred and fifty two for five years.

On motion, Read the first time and passed.

Then the House adjourned till 10 o'clock on Monday Morning.

-------------------- page 1104 --------------------

Monday Morning Febry. 20th 1764 The House met according to adjournment.
Present
The honble James Murray Esquire
The honble James Hasell Esquire
The honble John Rutherford Esquire
The honble Lewis De Rossett Esquire
The honble John Sampson Esquire
The honble Henry Eus McCulloh Esquire
The honble Alexander McCulloh Esquire

Then on motion, the Bill to revive and continue an Act Intituled an Act; to make provision for paying the Chief Justice and Attorney General Salaries, and defraying the contingent charges of Government was Read the second time, amended and passed.

On motion, the Bill for appointing a Treasurer, for the Northern District of this Province was Read the second time Amended and passed.

On motion, the Bill to supply the Treasury by laying an Additional Duty on Wine and distilled Liquors, imported into this Province, was Read the second time.

Then the House adjourned till 9 o'clock tomorrow Morning.


Tuesday Morning Febry. 21st 1764. The House met according to Adjournment.

Present as before

On motion, The Bill to regulate the Inspection of the several Commodities therein mentioned, was Read the second time, Amended and passed.

Received from the Assembly by Mr. Leech and Mr. Francis Nash, the following Bills to wit

A Bill for ascertaining a proper place for Building thereat a Court House, Clerks Office Prison and Stocks for the County of Edgecombe.

A Bill directing the Boundary Line, between the countys of Dobbs and Pitt, and appointing Commissioners to see the same Run.

A Bill for the more effectual detecting and punishing the makers and utterers of counterfeit Bill Money, Robbers and other Felons.

On motion Read the first time and passed.

A Bill for defraying the Expence of the Members of his Majesty's Honourable Council, and the Members of the General Assembly of this Province, in their travelling to from and attending the Assemblies, and to compel their Attendance.

-------------------- page 1105 --------------------

On motion, Read the first time and passed.

A Bill for the Building a House for a School and the residence of a School Master in the Town of New Bern.

On motion, Read the first time and passed.

A Bill to regulate Elections of Members, to serve in the Assembly of this Province.

On motion Read the first time and passed.

A Bill to Impower the Sheriff of Orange, to collect and apply the Arrears of the Taxes, due in the said County for the several Years therein mentioned.

On Motion, Read the first time and passed.

A Bill for suppressing Excessive and Deceitfull Gaming

On Motion, Read the first time and passed.

A Bill for Establishing a Town on the Lands of Benjamin Wynns, at a place called Barfields Landing on the South West Side of Chowan River in Hertford County.

On Motion, Read the first time and passed.

A Bill for Regulating the Pilotage of Cape Fear River.

A Bill to supply the Treasury by laying an additional Duty on Wine, and Distilled Liquors Imported into this Province.

Received from the Assembly by Mr. Hardison and Mr. McKilwean, the following Bills to wit

A Bill concerning Vestries.

A Bill for erecting in the Town of Halifax, a Publick Goal and Goalers House for the District of Halifax in this Province.

Then the House adjourned till 9 o'clock tomorrow morning.


Wednesday Morning Feby. 22 1764 The House met according to adjournment.

Present as before

On Motion, a Bill for appointing a Militia was read the Second time, amended and passed.

On Motion, a Bill for annexing part of Craven County to Dobbs County and for removing the Seat of the Inferior Court, of the said County of Dobbs, from Walnut Creek to Kingston and for other purposes—was read the second time and passed.

On Motion, a Bill to Impower the Inferior Courts of the several Counties in this Province, to order the laying out of publick Roads, and Establish and settle Ferries, and to appoint where Bridges shall be built for the Use and Ease of the Inhabitants, and to clear Navigable Rivers and Creeks—was read the second time and passed.

-------------------- page 1106 --------------------

Received from the Assembly by Mr. Harnett and Mr. Taylor the following Resolve to wit

Gentlemen of His Majesty's Honble Council

It having been made appear to this House that Captain Robert Ellis, by Order of his Excellency the Governor Transported several Spanish prisoners towards the latter end of the last war from hence to St Augustine, and that he deserved to have for the expence and Charge, he was put to on that Occasion, the sum of Eighty pounds, We have therefore Resolved, that the said Robert Ellis, be paid the sum of Eighty pounds by the public Treasurers of this province for such his Expences and Charges and that the Treasurers be allowed the said sum in passing their Accounts with the Publick, to which desire your Honours Concurrence.

JOHN ASHE Speaker.
By Order
William Herritage Clk

21st February 1764

The Honble Mr. Rutherford moved to absent himself from the business of this House, and shewing sufficient cause is ordered that he has leave accordingly.

Received from the Assembly the following Bills per Mr. Harnett & Mr. Taylor to wit

A Bill for appointing a Treasurer for the Northern District of this Province, in the room of Thomas Barker.

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

Then on Motion, the Bill for Erecting part of Saint Philips Parish in New Hanover County, and the lower part of Bladen County into a seperate County, by the name of Brunswick, and for dividing the County of Granville and Erecting that part thereof called St Johns Parish into a seperate and distinct County.

On Motion, the said Bill was read the Second time Amended and passed.

Then the House adjourned till 10 o'clock tomorrow morning.


Thursday morning Febry 23d 1764. The House met according to adjournment.

Present as before, Mr. Rutherford Excepted.

Then on motion, The Resolve relative to Robert Ellis's Expence

-------------------- page 1107 --------------------
and Charge in Transporting Several Spanish Prisoners to St Augustine was taken under consideration and Concurred with.

JAMES MURRAY, Presidt
By Order
Burgwin Clk.

On motion a Bill for Erecting in the Town of Halifax a Publick Goal, and Goalers House for the District of Halifax in this Province, was read the third time and passed. Ordered to be Engrossed.

On motion, ordered that the following Bills be read:

A Bill for confirming the Charter of the Borough of Wilmington and other purposes. Read the second time, amended and passed.

A Bill concerning Vestries, which was read the second time, and

Ordered that the following Message be sent to the Assembly.

Mr. Speaker and Gentlemen of the Assembly.

On reading in this House, a third time the Bill concerning Vestries, we discover an Inconsistency between 2 Clauses viz, One in the fifth page permitting the Vestrymen elected by the Freeholders, to qualify at the first or second meeting of the Vestry, and another Clause in the Sixth page Stated on the third reading in your House Impowering the Vestry, to choose Vestrymen, in the room of such of the elected Vestry, as shall not qualify within thirty days after the Election; now it may not be necessary to have two meetings of the Vestry within thirty days one of the other;

The other Objection we have to the Bill is the Clause compelling the Freeholders to attend at the Election of Vestrymen, under a penalty of Twenty shillings to be recovered by a Warrant before One Justice of the Peace, and we object for these reasons among others.

1st. It puts it into the power of one Justice, to harrass the poor people in the Extremities of Counties without appeal.

2d. It compells to the Election of Vestrymen the people on these Extremities, who may have little benefit by Churches in the Centre, who contribute little towards the expense of them, and who too many of them are indifferent, if not averse, to every decent support of the publick Worship of Almighty God, such a Spirit as this, prevailing in many Counties, has long since been the Publick Reproach of this Province, this Clause, therefore, tending indirectly indeed, but effectually to defeat, the pious purposes of the Bill, we doubt not your concurrence to the expunging of it, as well as to rectifying the other clauses before mentioned, that the Bill may Pass, to which

-------------------- page 1108 --------------------
Amendment if you agree, please to send two of your Members, to see the same made.

Then the House adjourned till 9 o'clock tomorrow morning.


Friday morning Febry 24th 1764. The House met according to Adjournment.

Present as before.

On motion the Bill for Encouraging the Culture of Hemp and Flax, was read the second time amended and passed.

On motion, the Bill to regulate the Inspection of the several Commodities therein mentioned was read the third time, and the Honble Lewis De Rossett and Henry Eustace McCulloh, appointed a Committee to report, such Alterations as may be necessary to be made in the said Bill, and to prepare a message thereon.

Received from the Assembly by Mr. Maurice Moore and Mr. Kenan, the following Bills, to wit—

A Bill for appointing a Militia.

A Bill to amend an Act Intituted an Act, for dividing this Province into several Districts &c.

Then the House adjourned till 10 o'clock tomorrow morning.


Saturday Morning Febry 25th 1764. The House met according to adjournment.
Present
The honble James Murray Esquire
The honble James Hasell Esquire
The honble Lewis De Rossett Esquire
The honble John Sampson Esquire
The honble Henry E. McCulloh Esquire
The honble Alexander McCulloh Esquire

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

A Bill to Impower the Inferior Courts, of the several Counties in this Province, to Order the laying out Publick Roads and Establish and settle Ferries and to appoint where Bridges shall be Built for the Use and Ease of the Inhabitants and to clear Navigable Rivers and Creeks.

A Bill to continue an Act, Intituled an Act to make provision for paying the Chief Justice and Attorney Generals Salarys, and defraying the contingent Charges of Government.

A Bill for annexing part of Craven County to Dobbs County and for removing the seat of the Inferior Court of the said County of Dobbs, from the Walnut Creek to Kingston, and for other purposes.

-------------------- page 1109 --------------------

Received from the Assembly by Mr. Caswell and Mr. Macklewin the following Message to wit

Gentlemen of his Majesty's Honble Council,

In answer to your Message, relative to the Alterations you proposed to the Vestry Bill, as to the expunging the Clause, compelling the Freeholders to attend at the Election of Vestrymen we cannot agree.

To the other alterations to wit that of making the Clauses in the fifth and Sixth page consistent, and that of granting an appeal, to prevent the harassment of the poor people you therein mention, We agree thereto & on notification of your concurrence herewith, we will send two of the Members of this House to see such Alterations made.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk

24th February 1764

Received from the Assembly the following Resolves to wit

Gentlemen of his Majesty's Honble Council

The Petition of William Dry, which we herewith send you, having been presented to this House and mature consideration thereon had, we have Resolved that the Ballance of his Excellency's Warrant to William Walker for Four hundred, Eighty three pounds, three shillings and four pence after deducting One hundred and fifty pounds part of the sum of the said Warrant mentioned paid by the Treasurers to the said Walker and the Honourable Lewis Henry De Rossett, be allowed to Wm Dry, and applied toward discharging the Judgment against him in favour of the publick, as security of the said William Walker.

And have also Resolved, that Colonel Hugh Waddell be allowed Three hundred and forty two pounds and five shillings, in full for all his Services rendered this Province, during the late War, to which two Resolves desire your Honours concurrence

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk

24th February 1764.

Then on motion, the Bill to Impower the Inferior Courts of the several Counties in this Province, to Order the laying out of Publick

-------------------- page 1110 --------------------
Roads, and to Establish Ferries &c. was Read the third time and Ordered that the following be sent to the Assembly, to wit

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill to Impower the Inferior Courts, to Order the laying out publick Roads &c. A necessary Amendment made in your House on the third reading, oblidging Overseers to put up Posts, with Arms of Pointers at the Cross Roads, put us in mind of another Clause of the same import viz to Mile mark the Roads, for which a Clause is herewith sent, if it is agreeable to your House you will fill up the Blanks, or alter it as you see fit & send two of your Members to see it inserted in its proper place.

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

Mr. Speaker & Gentlemen of the Assembly

This House concurring with your Message relative to our Amendments to the Vestry Bill, desire you to send two of your Members to see the Amendments inserted.

By Order
BURGWIN Clk

25th February 1764

Then the House adjourned till 10 o'clock on Monday morning.


Monday morning Febry. 27th 1764. The House met according to adjournment.
Present
The honble James Murray Esquire
The honble James Hasell Esquire
The honble Lewis De Rossett Esquire
The honble John Sampson Esquire
The honble Henry Eustace McCulloh Esquire
The honble Alexander McCulloh Esquire

Received from the Assembly by Mr. Starkey and Mr. Benton the following Message to wit

Gentlemen of His Majestys Honble Council.

In answer to your Message, wherein you say you concur with us, to insert the Amendments by us proposed to the Vestry Bill and also to that regarding the Bill to Impower the Inferior Courts to lay out publick Roads &c. wherein you mention a Clause necessary to be inserted in that Bill, we have considered the Clause, made some

-------------------- page 1111 --------------------
Amendments thereto, and herewith send Mr. Starkey and Mr. Benton to see the said Amendments inserted accordingly.

By Order
W. HERRITAGE Clk

25th February 1764

The Amendments mentioned to be inserted in the Bill concerning Vestries were inserted in presence of Mr. Starkey and Mr. Benton, and the Clause with the Amendment proposed to the Bill to Impower the Inferior Courts of the several Counties in this Province to order the laying out of publick Roads &c. was also inserted, and then the said Bills were put the third time, and passed with Amendments.

Ordered to be engrossed.

Received from the Assembly by Mr. Starkey and Mr. Benton the following Bills to wit

A Bill for suppressing excessive and deceitfull Gaming.

A Bill for the Building a House for a School, and the Residence of a School Master, in the Town of New Bern.

A Bill for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court to repair the publick Goal thereof.

A Bill for destroying Vermin in the several Counties within this Province.

On motion Read the Second time, Amended and Passed.

A Bill for encouraging the Culture of Hemp and Flax, and other purposes.

On motion, Read the third time and passed

Ordered to be Engrossed.

Received from the Assembly, by Mr. Moore and Mr. Montford, the following Bills to wit

A Bill for Regulating the Pilotage of Cape Fear River.

On motion, Read the Second time, Amended & passed

A Bill to Impower the Publick Treasurers to draw for the proportion of Money Granted by Parliament to this Province now in the hands of James Abercrombie and Samuel Smith of London Esquires.

A Bill to continue Couchet Jouvencal Esquire, Agent for this Province.

A Bill for defraying the Expence of the Members, of his Majestys Honourable Council, and the Members of the General Assembly of this Province, in their travelling to from and attending the Assemblies, and to compell their attendance.

-------------------- page 1112 --------------------

Then the House adjourned till 10 o'clock tomorrow Morning


Tuesday Morning Febry 28th 1764

Present as before

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

A Bill for Establishing a Town on the Land of Benjamin Wynns at a place called Barfields Landing on the South West side of Chowan River, in Hertford County.

A Bill to continue an Act, Intituled an Act to Amend and further continue an Act Intituled an Act for facilitating the Navigation of Port Bath, Port Roanoak and Port Beaufort passed the thirty first day of May, One thousand Seven hundred and fifty two for five years.

On motion, Read the second time, amended & passed.

A Bill to amend an Act Intituled an Act for the relief of such persons as have suffered or may suffer by not having their Deeds and Mesne conveyances proved and Registered within the time heretofore appointed for those purposes, and to prevent disputes, and Law Suits concerning Lands.

On motion, Read the Second time Amended & passed.

A Bill to Impower the Sheriff of the County of Orange to collect and apply the arrears of the Taxes, due in the said County, for the several years therein mentioned.

On motion, Read the second time, Amended & passed.

A Bill to regulate Elections of Members, to serve in the Assembly of this Province.

On motion, Read the second time, and passed.

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

A Bill, to amend an Act, Intituled an Act, for dividing this province into five several Districts &c.

Read the said Bill the second time, and then on Motion Resolved that 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, for the purpose aforesaid, and made choice of the Honourable James Hasell Esquire for Chairman, who took the Chair accordingly after some consideration, the Committee came to a Resolution and then, On motion the Honourable the president resumed the Chair. The Chairman Reported, that the Committee proposed an Amendment to the said Bill which he laid before the House, and then on motion

-------------------- page 1113 --------------------
Ordered that the said Amendment be made, and then the said Bill was put, and passed the second time with amendment.

A Bill for defraying the Expence of the Members of his Majesty's Honourable Council, and the Members of the Assembly of the Province, in Travelling to, from and attending the Assemblys, and to compel their Attendance.

Read the Second time, amended and passed.

A Bill for the Building a House for a School and the residence of a School Master in the Town of New Bern.

Read the Second time, amended and passed.

A Bill for laying a Tax, on the Inhabitants of the several Counties of the Districts of Salisbury Superior Court, to repair the Publick Goal thereof.

Read the Second time amended and passed.

A Bill to supply the Treasury by laying an additional Duty on Wine and Distilled liquors, imported into this Province.

On motion, Read the Second time, Amended and passed.

Then the Committee appointed by this House to inquire into the State of Fort Johnston, Reported as follows, to wit

That they found the Buildings, as far as could appear to them in good Order except the Magazine the Flooring of which is wanting, as also a Door, Lock, and a Key;

That the Walls and other part of the Fortification seem to be well finished, except about the space of twenty Feet on the North East corner of the Glacis, or outer Wall, which remain Open;

That there appeared to them to be Nine Guns (Eighteen pounders) mounted on the lower Battery, and the same number of Nine pounders on the upper as also several Swivels all which were in good Order and fit for Service,

That there were likewise, sundry other great Guns, lying on the Beach, which they apprehend should be removed, to a more proper Situation.

That Nine Men fit for Duty, appeared on the Platform, the Tenth, they were informed deserted a few days before;

That it is your Committees Opinion that as the Fort is now in proper Order for their Reception the Stores which are now at Wilmington, belonging to the Publick may be removed thereto, as a place of greater Security whereby the Annual Expence of Storage will be saved to the Publick;

That it is also your Committees opinion that upon a proper Occasion his Excellency should be addressed on that Head, and also to

-------------------- page 1114 --------------------
direct the persons, who are appointed to take care of the same, to lend out the Powder belonging to this Province; now in their hands upon good Security, as it is a Commodity perishable in its nature, and the Publick will thereby be freed from the Risque of any loss on the Account.

Then the House adjourned till 10 o'clock tomorrow Morning.


Wednesday Morning 29th Febry. 1764. The House met according to adjournment

Present as before

Received from the Assembly, by Mr. Knox and Mr. Wynns the following Bills to wit

A Bill for Regulating the Pilotage of Cape Fear River.

A Bill for Destroying Vermin, in the several Counties within this Province.

Received from the Assembly by Mr. Knox and Mr. Wynns the following Resolves to wit

Gentlemen of his Majestys Honble Council

This House having received sufficient Testimony, that William Crane, with a party of Six others, have taken John Pyburne, one of the confederated Rogues and Vagabonds, who have for some time past, infested several of the Counties of this Province, and committed sundry Outrages, Robberies and Murders and delivered him to the Keeper of his Majesty's Goal in Wilmington In consideration of which service this House have Resolved that the said William Crane, be paid the sum of Fifty Pounds for the use of himself and party by the publick Treasurers, out of the contingent Fund; and that the said Treasurers be allowed the same in passing their Accounts with the Publick, to which desire your Honours Concurrence.

JOHN ASHE Speaker.
By order
Wm Herritage Clk

28th February 1764.

On motion, the foregoing Resolve, was Read, taken under Consideration, and Concurred with.

JAMES MURRAY President.
By Order
Burgwin Clk.

Gentlemen of his Majestys Honble Council.

This House having fully considered the Petition of Hannah Dunbibbin, which we herewith send you and have Resolved that the said

-------------------- page 1115 --------------------
Hannah Dunbibbin be paid the sum of Fifty Pounds, by the publick Treasurers out of the contingent Fund as a Gratuity for the services rendered this Province, by her deceased Husband Daniel Dunbibbin in surveying and Making a Map of the Sea Coast thereof, and that the Treasurers be allowed the same on passing their accounts with the Publick, and desire your Honours Concurrence thereto.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk.

28th February 1764

On motion A Bill for destroying Vermin, was Read the third time and Ordered that the following Message be sent to the Assembly to wit

Mr. Speaker and Gentlemen of the Assembly.

On Reading a third time, the Bill for destroying Vermin, in the several Counties within this Province, We are of opinion, that as it may in its consequences, prove extremely prejudicial and burthensome to particular Counties, it will be improper to grant it so long a duration, as the space of Five years, We therefore propose, that our Amendment, confining it to two years, be reinstated, to which if you agree desire you will send some of your Members to see the same made.

By Order
BURGWIN Clk

29th February 1764

Then on motion, the Resolve relative to Hannah Dunbibbin, was taken under Consideration, and Ordered that the following Message be sent to the Assembly to wit

Mr. Speaker and Gentlemen of the Assembly.

This House taking into consideration your Resolve of the 28th for the payment of fifty pounds to Hannah Dunbibbin, and well Knowing the care and time which the late Daniel Dunbibbin employed in the necessary work of Surveying the Coast, are of Opinion, that the sum of One hundred pounds for that Service, was well Earned by the said deceased, and hope you will therefore alter your Resolve Accordingly.

On motion a Bill for Establishing a Town on the land of Benjamin Wynns was read the Second time and rejected.

-------------------- page 1116 --------------------

On motion Ordered that the Bill for to Regulate the Inspection of several Commodities therein mentioned be Read, read the same the third time and then on motion Ordered that the following Message be sent to the Assembly to wit

Mr. Speaker, and Gentlemen of the Assembly,

On Reading over a third time the Bill to regulate the Inspection of the several Commodities therein mentioned. we observe several Matters, which we apprehend have not been duly attended to in your House, and which we propose should be amended as follows viz

We observe that you have excepted Tanned Leather out of the Commodities proposed for Inspection, but as we are of Opinion it may become a valuable Branch of Exports, and that from its nature it is liable to great difference in quality, and has often been shipped damp and in bad order we proposed it should be stated in the Bill as before;

In page 4 with respect to the appointment of two Inspectors, in the Town of Wilmington, we apprehend the Expression is too vague, and therefore propose that instead of the Words “at which place” the Words “at the latter of which places,” should be inserted;

We are of Opinion, that New Exeter being a place of no Note or Business, is improper for a place of Inspection that the insertion of it, cannot answer, any publick Good, though it may the Opposite Interests of Individuals, and that therefore it should be dele'd;

In page 5 upon the proviso, that on agreement, Commodities may be inspected at any private Landing, we must observe, that it seems to us liable to great objections as in the Consequences it may tend to defeat the end proposed by the Bill, which is for preventing the shipping of bad Commodities; to gain our Exports a Character in foreign Markets, as though the Commodities may be found good upon an Inspection, at a private Landing yet they may get endamaged in being brought down to the place of shipping; and we further observe on this head, that if this part of the Bill, should stand it renders it in some measure inconsistent in point of Justice, for in a subsequent part of the Bill, the Inspectors are directed, to give their Attendance at the places by Law appointed, and in case of damage to any person by reason of any failure in their Duty (of which Attendance is certainly a part) they are exposed to a suit upon their Bond, as we are of Opinion that the granting a liberty, for the inspection of Commodities at private Landings, may give an opening to defeat the Law, that it lays the Inspector under a hardship and

-------------------- page 1117 --------------------
risque, which he cannot guard against, and that it cannot Answer any good End as to the publick, we propose that so much of the Bill as relates to the Inspecting of Commodities at private Landings, may be dele'd.

In page 6 the Bill inflicts a penalty upon any Master of Vessels, taking on board any Cask or Barrell without being inspected—the expression here we apprehend is not sufficiently restrictive, we propose therefore, that instead of those Words, the Words, any of the Commodities in this Act, directed to be inspected and branded, before the same has been duly inspected and branded, should be inserted.

We Observe in the same page, a Clause relative to the Informers giving Bond, which appears so new and Strange to us, that we are at a loss for its meaning, unless it should be all together, to prevent information against any persons, who may by neglecting to conform to the directions of the Bill, incur any of the penalties therein mentioned. We shall observe no further upon it, than to say, we apprehend it has not been duly attended to in your House, and that we doubt not you will join us in Opinion, that it ought to be dele'd.

In page 7 the Collector is directed not to clear out any Vessell, till the Master produces a certificate of his Cargo's being inspected . . . the expression here is too general, and it [we] apprehend it should be confined, to such part of his Cargo only, as is by law liable to inspection.

In page 12, we observe that you have allowed pork, Beef, Rice, Flower and Butter to be shipped at any time, within three months after inspection, which we apprehend from a mature consideration of the perishable nature of these Commodities to be improper, and that the greatest length of time, which should be allowed, might not exceed the space of forty days, We therefore propose that the words three months in folio 12 & 13 should be dele'd, and the words forty days inserted.

In page 14 we observe you have dele'd the exception as to provisions Rafted upon the Water, but as we are of opinion, that however proper that mode of Conveyance may be for Naval Stores, it cannot be otherwise than injurious and prejudicial to provisions, we must insist upon the necessity of stating that Exception.

In page 26, we observe you have allowed the Inspector, only a fee of four pence, for every Thousand Shingles inspected, which we apprehend to be greatly inadequate to the Labour, and therefore propose it should be made One Shilling.

-------------------- page 1118 --------------------

These are the principal points which have Occurred to us, upon this Bill, and as we flatter ourselves, that you are actuated by as warm a desire of promoting the publick Good, independent of any Regard to the opposite Views, or Interests of Individuals as ourselves, we are of opinion, that you will think the Amendments proposed by us necessary to cure the Law of Several Inadvertencies, and to put it upon such a footing, as may ensure, a reasonable prospect, of answering those Salutory Ends, which the publick proposes by it

If you agree to these our amendments, you will please to send two of your Members to see the same made.

Then the House adjourned till 4 o'clock in the afternoon.

Wednesday Afternoon The House met according to adjournment.

Present as before

Received from the Assembly, by Mr. Ormond and Mr. Mackilwean, the following Bills to wit

A Bill, to Impower the Sheriff of the County of Orange, to Collect and apply the Arrears of the Taxes, due in the said County, for the several years, therein mentioned.

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

A Bill to amend an Act, Intituled an Act for the Relief of such Persons as have suffered or may suffer by not having had their Deeds or Mesne Conveyances proved and Registered, within the time heretofore appointed for those purposes, and to prevent disputes and Law Suits concerning Lands.

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

A Bill for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court, to repair the publick Goal thereof.

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

A Bill, to continue an Act, intituled an Act, to amend and further continue an Act, intituled an Act for facilitating the Navigation of Port Bath, Port Roanoak and Port Beaufort &c.

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

Then on motion, the following Bills were Ordered to be Read.

-------------------- page 1119 --------------------

A Bill, for ascertaining a proper place for Building thereat a Court House, Clerks Office, Prison and Stocks for the County of Edgecombe.

Read the third time and passed. Ordered to be Engrossed.

A Bill directing the Boundary Line between the Counties of Dobbs and Pitt, and appointing Commissioners to see the same run

Read the third time and passed. Ordered to be Engrossed.


Thursday Morning March 1st 1764. The House met according to adjournment.

Present as before

Received from the Assembly by Mr. Montford and Mr. Benton, the following Message to wit.

In answer to your two Messages of this day the One, wherein you propose, to amend the Bill, for destroying Vermin in the several Counties within this Province, by deleing the term of Five years, as it now stands in the Bill, and Reinstating Two years, the term inserted by you; on your second Reading of that Bill, to which amendment we concur, and send Mr. Montford and Mr. Benton, two of the Members of this House, to see the same inserted.

The other in the Bill, for the Counties of Brunswick and Bute, concerning the proper Boundary between the said Counties of Brunswick and Bladen, as you are pleased to term it, as we apprehend it would take too great a number of Taxables from the latter. we therefore cannot agree thereto, and hope your Honours will pass that Bill, as sent you from this House.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk.

29th February 1764

Then the amendment in the Bill for destroying Vermin &c. was made in presence of Mr. Montford and Mr. Benton, and then on motion, the said Bill was put, and passed the third time, with amendments

Ordered to be Engrossed.

On motion, the Bill for Erecting part of St. Philips Parish in New Hanover County, and the lower part of Bladen County into a seperate County by the name of Brunswick County, and for dividing the County of Granville &c. was put and passed the third time.

Ordered to be Engrossed.

-------------------- page 1120 --------------------

Received from the Assembly by Mr. Montford and Mr. Benton, the following Bill to wit

A Bill for the more effectual defeating and punishing the makers and utterers of counterfeit Bill Money, Robbers and other Felons.

On motion the Bill for appointing a Treasurer &c. was Read a third time, and Ordered that the following Message be sent to the Assembly,

Mr. Speaker and Gentlemen of the Assembly,

On considering for the third time, the Bill for appointing a Treasurer, we observe that we conceive a matter of surplusage in the Title and propose that the Words “in the room of Thomas Barker Esquire” be dele'd, for the same reason we propose likewise that the repealing Clause should be dele'd.

As to the term of duration as it now stands we are induced to believe, from a consideration of his Excellency's Speech, at the Opening of this Session that it will not meet with his assent, and therefore we propose it should be reduced to the term of two years.

To these Amendments, if you agree, you will send two of your Members, to see the same made.


1st March 1764
By Order
BURGWIN Clk.

On motion the Bill for suppressing excessive and deceitfull Gaming was read the Second time, Amended and passed.

Then the House adjourned till 10 o'clock tomorrow morning.


Friday morning March 2nd 1764. The House met according to adjournment.

Present as before

On motion a Bill for altering the dividing Line between the Counties of Bladen & Cumberland, was Read the third time and passed.

Ordered to be Engrossed.

Received from the Assembly, by Mr. Leach and Mr. Knox the following Bills to wit

A Bill to amend an Act, Intituled an Act, for dividing this Province into five Several Districts &c.

A Bill to regulate Elections of Members, to serve in the Assembly of this Province.

A Bill for the Building a House for a School, and the residence of a School Master in the Town of New Bern.

On motion, read the third time & passed

-------------------- page 1121 --------------------

Ordered to be Engrossed.

A Bill for Defraying the Expence of the Members of his Majesty's Honourable Council, and the Members of the Assembly of this Province, in their Travelling to, from, and attending the Assemblies and to compel their attendance.

Received from the Assembly the following Message to wit

Gentlemen of his Majesty's Honble Council

In answer of your Message of yesterday, relative to deleing the words “in the room of Thomas Barker Esquire” and also the Repealing Clause in the Bill, for appointing a Treasurer &c. We must inform you we cannot concur thereto; we agreed to the alteration from five years, as it now stands, to two years, the term you proposed, to which if you concur we shall send two of the Members of this House, to see the Alterations made.

JOHN ASHE, Speaker
By Order
Wm Herritage Clk

2nd March 1764

Then on motion the Bill for appointing a Militia was Read the third time and passed. Ordered to be Engrossed.

Received from the Assembly by Mr. Benton and Mr. Harris the following Bill to wit

A Bill for suppressing excessive and deceitfull Gaming.

On motion the Bill for regulating the Pilotage of Cape Fear River was Read and Ordered that the following Message be sent to the Assembly Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading the third time the Bill for regulating the Pilotage of Cape Fear River, and for other Purposes; we observe you have appointed seven Commissioners, We are of opinion that six are sufficient, and therefore propose that the Honourable Lewis De Rossett Esquire, William Dry, Richard Quince, William Purviance, Alexander Duncan and John Paine Esquires be the Commissioners. It is also requisite to have a Clause inserted in the Bill, for the continuation of Commissioners, we would further propose to have the following Clause inserted Vizt

“And be it further Enacted by the Authority aforesaid, that in case of Death, or removal of any Commissioner, the other Commissioners, or the Majority of them, shall chuse another Commissioner or

-------------------- page 1122 --------------------
Commissioners, in the room of such Commissioner or Commissioners, so dead or removed.”

And to remove an uncertainty as to the Rates to be taken by the several Pilots, it seems necessary to express the Upper Line in the said Rates in the following manner to wit—

“For Eleven feet and under, inward and outward bound, Five Shillings and four pence per Foot.”

To which amendment, if you agree, we desire you will send two of your Members to see the same made.

Then on motion the Bill to regulate Elections &c was Read the third time and rejected.

A Bill for further continuing James Davis Printer to this Province was on motion Read the first time and rejected.

Resolved that the Honourable Mr. De Rossett be added to the Committee of Decorum &c.

Then the House adjourned till 10 o'clock tomorrow morning.


Saturday morning March 3rd 1764 The House met according to adjournment.

Present as before.

Received from the Assembly by Mr. Wynns and Mr. Gibson, the following Message, to wit—

Gentlemen of His Majestys Honble Council

We have duly considered your Message of Wednesday last, relative to the Bill, for the Inspection of the several Commodities therein mentioned, in the first part of which We find, that your Honours ascribing such parts of the said Bill, as you are pleased to say are defective (to a want of attention in this House) have proposed several Alterations, which your Honours we perceive have stiled amendments;

In Answer thereto, we are of opinion, that the subjecting Tanned Leather to the same Restrictions other Commodities are liable to, which are proposed for Inspection will be attended with consequences injurious to the Interest of this Province, inasmuch as by that Bill, no Commodities proposed to be inspected, can be shipped off, unless a Certificate of their having passed Inspection, be shewn to the Collector, by which means Leather, of an inferior quality, that answers the end as well as the best for some purposes, and sells at foreign Markets, as well as here, at a price proportioned to its quality, must

-------------------- page 1123 --------------------
be retained in the Country and made use of for purposes that good Leather only is fit for We cannot therefore agree to that Alteration, but purpose that it shall be liable to the same inspection, and Regulation, that Deer skins are.

The Alteration you think necessary, in respect of the appointment of two Inspectors, for the town of Wilmington, we readily agree to, but are of opinion, that if your Honours had duly adverted to that Clause, you would have thought it sufficiently explicit, and of consequence any alteration unnecessary; we cannot devise why your Honours should object to that part of the Bill, which appoints an Inspector for the town of New Exeter; for tho' you suppose, that no public Good can arise from the insertion of that Clause, yet you seem to admit that it may be for the Interest of Individuals, and as these constitute the publick, we cannot help being of opinion, that they ought not to be unnecessarily divided, and that every measure which is not inconsistent with the good of the Community in general, and which tends to the Advancement of the Interest of the Members of it ought to be attended to, and pursued by every branch of the Legislature, we therefore cannot agree to dele that part of the Bill.

We cannot join your Honours in opinion that any inconvenience will arise from inspecting Commodities at a private Landing, as we are satisfied that it will not be the interest of any person whatever to put himself to any extraordinary Expence to get Commodities inspected at a private landing, unless he designs to ship them from thence, in which case, the end of an Inspection is as fully answered, as if such Commodities had been inspected, at any publick place appointed for such purpose, nor can we agree with you that the least injustice will derive therefrom to the Inspector, for the places appointed in that Bill for inspection, being expressly named; at them only can the attendance of the Inspector be compelled, and if at any time he should be called upon to inspect Commodities at a private Landing he will without doubt, have a right to an allowance for his extraordinary services.

We agree to the alteration of the Words, you propose in respect to the Certificate, the Master of every Vessell, is directed to produce to the Collector, before he is cleared; tho' we are clearly of opinion, that the purpose designed by such Alteration was fully and sufficiently implied, to warrant any Collectors clearing out a vessell, on the Masters producing a certificate of such part of his cargo only, having been inspected as is made liable by that Bill to inspection.

-------------------- page 1124 --------------------

The alteration you propose as to the time limited for exportation of Pork, Beef, Rice, Flower and Butter, after they had passed Inspection, which you think too long, we cannot altogether agree to, but propose, that the time shall be limited to sixty days, instead of three months.

We cannot agree with you in stating the Exception as to Rafted Provisions, as we apprehend such an exception will Occasion great inconveniencys to many persons who living on long and shallow Rivers, are obliged to wait an Opportunity of a Fresh, to transport their provisions to a Market; nor are we of Opinion, that such mode of conveyance will be attended with any worse consequence to Provisions, than to Naval Stores, both being liable to be injured by the Water, if put up in leaky Casks, which it will always be the Interest, and of consequence the Care, of the Owner to prevent.

We must also differ from your Honours in Opinion, with regard to the insufficiency of the fee, allowed the Inspector for every thousand of Shingles he shall Inspect, as we apprehend that four pence per Thousand is fully and entirely adequate, to the trouble of viewing Shingles, as they are counted, and landed on Shore, by the Owners of them, every other alteration you have proposed, we readily agree to, and if you are of opinion that it will be for the interest of the Country, that that Bill with the alterations agreed to, should be passed into Law we will send two of our Members to see the same made.

Having answered all the Objections, arising on such points, as occurred to your Honours on reading that Bill, we desire to express our satisfaction for the real Flattery you are pleased to signify, you have submitted to, in favour of the Warmth of desire of this House, to promote the public Good independent of Views, that are Interested, which we find you have done us the Honour to put on a Footing with that, by which you yourselves are actuated in publick affairs, and to assure you, that the Welfare of those we represent, is and always will be, the constant object of our care and attention, and it is that alone, which has induced this House, to differ from you in respect to the Alterations you proposed which could we, with your Honours, consider as Amendments, we should readily agree to.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

2nd March 1764.

On motion the consideration of the Bill for the inspection of the several Commodities therein mentioned was resumed, and the foregoing

-------------------- page 1125 --------------------
Message duly considered and the said Bill put the third time and rejected

On motion the Resolve, from the Assembly relative to Mr. Dry, and Colonel Waddell was taken under Consideration and Concurred with

JAMES MURRAY, Prest.
By Order
Burgwin Clk

3rd March 1764

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

A Bill to continue an Act, intituled an Act to make provision for paying the Chief Justice, and Attorney General Salaries, and defraying the contingent charges of Government. Read the third time and passed. Ordered to be Engrossed.

A Bill for suppressing excessive and deceitfull Gaming. Read the third time and passed. Ordered to be Engrossed.

A Bill to amend an Act, Intituled an Act for dividing the Province into five several districts &c. Read the third time and rejected.

Then on motion the Bill for appointing a Treasurer for the Northern District of this Province, in the room of Thomas Barker Esqre was read and taken under consideration and ordered that the following Message be sent to the Assembly to wit

Mr. Speaker and Gentlemen of the Assembly

On reading your Message of yesterday relative to the Bill for the appointment of a publick Treasurer, we would propose, That instead of appointing a Treasurer for the Northern District, the Bill should be amended by appointing Treasurers for both Districts and that the Title, and the Bill be altered accordingly. We propose that for that purpose you will appoint some of your Members a Committee to join the Honble the president, and the Honble Lewis De Rossett, and Henry Eustace McCulloh, a Committee of this House, to consider and report upon the Amendments, necessary for that purpose, to their respective Houses

Or if it will be more agreeable to you to have the present Bill rejected, and to bring in a new Bill, for the purposes above, we will readily concur in giving it all the Dispatch in our power.

You will please to let us have your sentiments on these alterations, and be assured, that our only Intention is, to Conciliate matters, and prevent confusion.

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

-------------------- page 1126 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your Message of yesterday respecting the Bill for regulating the Pilotage of Cape Fear River, and other purposes we cannot agree to the Alterations you propose, as to the number and Commissioners of the pilotage, as we apprehend that a diligent attendance of the pilots, to the Dutys of their calling, almost entirely depend on a Majority of the Commissioners residing at Brunswick, where in case of the misbehaviour of Pilots a sufficient number of Commissioners, may be present on the spot to reprimand or suspend them.

In relation to the clause you think necessary for the Continuation of Commissioners in case of death or removal, we readily agree with you to insert one, if there is no provision made in the Bill for that purpose.

We also agree with you, that the Words inward and outward, Bound shall be inserted.

We would propose that the Rates allowed the Pilots in that Bill, for piloting from Brunswick to Wilmington which is one half of the Rates allowed from the Bar to Brunswick, should be increased to two thirds.

If your Honours agree to pass the Bill, with the alterations agreed to, we will send two of our Members to see the same made.

JOHN ASHE, Speaker.
By order
Wm Herritage Clk.

3d March 1764

Then the consideration of the Bill, for regulating the Pilotage of Cape Fear River, &c, was resumed, and put the third time and rejected.

Received from the Assembly by Mr. Harnett &c. the following Message to wit

Gentlemen of his Majestys Honble Council

In answer to your Message relative to the Alterations you mention to be made in the Bill, for appointing a publick Treasurer, and the proposition you make therein, of this House appointing some Members thereof, a Committee to Join those Gentlemen of his Majesty's Honourable Council, you have appointed to consider and Report upon the Amendments, necessary in that Bill to their respective houses;

This House have appointed, Mr. Jno Starkey, Mr. Cornelius Harnett, Mr. Maurice Moore, Mr. Joseph Montford and Mr. Joseph

-------------------- page 1127 --------------------
Leech, five of the Members thereof, who will meet your Committee, when and where you think upon.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

3rd March, 1764

Then the House adjourned till 10 o'Clock on Monday Morning.


Monday Morning March 5th 1764. The House met according to adjournment.
Present
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr
The Honble Alexander McCulloh Esqr

Received from the Assembly by Mr. Moore and Mr. Leech, the following Bill to wit

A Bill for an Hospital on Cape Fear River.

On Motion Read the first time and passed.

The Committee appointed by this House to consider and Report on the Amendments necessary to the Bill for the appointment of a publick Treasurer &c. Report that they met the Committee of the other House for that purpose, and that they are of Opinion, that the Bill when amended should stand in the manner expressed in the following Draft to wit

Whereas it is highly Expedient that Publick Treasurers be appointed, for the Southern and Northern Districts of this Province, who may be authorized and Impowered, to Receive the Publick Taxes, which now are or hereafter may become due from the Sheriffs of the respective Counties within the said Districts respectively;

Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, that John Starkey Esquire be, and is hereby appointed Publick Treasurer for the Counties of Anson, Beaufort, Bladen, Brunswick, Craven, Carteret, Cumberland, Duplin, Dobbs, Hyde, Johnston, Mecklenburgh, New Hanover, Onslow, Pitt and Rowan, and that Joseph Montford Esquire be, and is hereby appointed Publick Treasurer for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Bertie, Tyrrell, Northampton, Edgecombe Orange Bute and Halifax which said Treasurers shall before they enter upon their said Office, give Bond respectively with sufficient Securities in the

-------------------- page 1128 --------------------
sum of Ten thousand pounds lawfull money of Great Britain, each with condition that they, and each of them will well and truly account for and pay to the General Assembly of this Province, when he and they, shall be thereunto required all Publick Monies he or they shall at any time hereafter receive on account of Publick Taxes and for the faithfull and regular discharge of their said Offices, which Bonds shall be lodged in the Secretary's Office, and in case of the Breach of the Condition thereof, may be recovered in any Superior Court of Justice within this Province.

And be it further Enacted by the Authority aforesaid, that the said Treasurers, and each of them is and are hereby Impowered and directed, to Receive all Publick Taxes, and the Sheriff of each of the said respective Counties, is hereby required and Directed, on or before the 10th day of June yearly, during the continuance of this Act, to account with upon Oath and pay into the hands of the said Treasurers respectively all such Monies as the said Treasurers, or either of them, are by this Act Impowered to receive.

And be it Enacted by the Authority aforesaid, that the said Treasurers shall be allowed, Five per Cent for their Trouble on all the Monies by them respectively received and paid, into the General Assembly as aforesaid except upon such sum or sums, as the Publick Treasurer for the Northern District, appointed by this Act, shall receive from the late Publick Treasurer of the said District, or from any person or persons who hath, or have acted for the said Publick Treasurer, Upon which sum or sums so received, no Commission shall be allowed to the Publick Treasurer by this Act appointed.

And be it further Enacted by the Authority aforesaid, that the said Treasurers shall have the same Powers and Authorities, and be subject to the same pains, penalties, and Restrictions, as Publick Treasurers were intitled or subject to, in and by an Act of Assembly passed at New Bern in April One Thousand Seven hundred and forty eight.

And be it further Enacted by the Authority aforesaid, that all and every Act, and Acts of Assembly, and all and every Clause, or Clauses of an Act, or Acts of Assembly, relative to the Appointment of Publick Treasurers for this Province, within the purview of this Act, be and are hereby repealed.

And be it further Enacted by the Authority aforesaid, that this Act shall be and continue in force for and during the term of three years. And from thence, to the end of the next Session of Assembly, and no longer.

-------------------- page 1129 --------------------

To which Report, the House having agreed,

On motion the following Message is Ordered to be sent

Mr. Speaker and Gentlemen of the Assembly,

The Committee appointed by this House, to consider of Amendments necessary, in the Treasurers Bill, having Reported, that they are of Opinion that the Bill when amended, should stand in the same manner expressed in the draft, herewith sent, with which We having concurred transmit it to you for your perusal and Approbation, and in case you agree thereto you will please to send such of your Members, as you think proper, to see the Bill amended.

If you should have any objection to the mode of Expression, made use of in the amendment proposed provided the substance of them is not affected thereby, we shall not be against them.

In the Upper House of Assembly
By Order
BURGWIN Clk.

5th March 1764

On motion the Bill for Annexing part of Craven County to Dobbs County, and for removing the Seat of the Inferior Court of the said County of Dobbs &c. was Read the third time and Ordered that the following Message be sent to the Assembly vizt

Mr. Speaker and Gentlemen of the Assembly,

Upon Reading the third time the Bill for annexing part of Craven County to Dobbs County and for removing the seat of the inferior Court of the said County of Dobbs &c. we would propose that such part of the Bill as relates to the removal of the Court House, from the place where it now stands, to Kingston, should be dele'd.

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


5th March 1764.

On motion the Bill for defraying the Expence of his Majestys Honourable Council, and the Members of the Assembly of this Province, in their travelling to from and attending the Assemblies and to compel their attendance was Read the third time and Ordered that the following Message be sent to the Assembly vizt

Mr. Speaker and Gentlemen of the Assembly,

On reading the third time the Bill for defraying the Expences of

-------------------- page 1130 --------------------
his Majesty's Honourable Council and the Members of the Assembly, We perceive some Alterations made on the third Reading of that Bill in your House, whereby you have dele'd the word, House, as applied to his Majesty's Honourable Council, and inserted the word Board, which Title we by no means approve of, and therefore send this preliminary Message to Know whether you adhere to, or recede from, that alteration you have made.


5th March 1764

Received from the Assembly the following Message to wit

Gentlemen of his Majesty's Honble Council,

In answer to your Message of this day, relative to the Bill for appointing Treasurers, and the Amen't to the said Bill, proposed by the Committee for that purpose, and Concurred with by you, this House herewith send Mr. Harnett, Mr. Maurice Moore and Mr. Joseph Leech three of the Members of this House, to see the same inserted in that Bill.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk.

5th March 1764

Then the Alterations above mentioned, were made in the said Bill, in presence of the Members sent for that purpose. And on motion, the same Bill was put the third time and passed with Amendments. Ordered to be Engrossed.

Received from the Assembly by Mr. Caswell and Mr. Mackelwean, the following Message vizt.

Gentlemen of His Majesty's Honble Council,

In answer to your Message wherein you propose to dele that part of the Bill, for annexing part of Craven County to Dobbs County, which relates to the removal of the Court House, from the place where it now stands to Kingston, we agree thereto and send Mr. Caswell and Mr. Mackelwean two of the Members of this House to see the same done.

JOHN ASHE, Speaker.
By order
Wm Herritage Clk.

5th March 1764
-------------------- page 1131 --------------------

Then the Alteration in the said Bill, was made in the presence of the Members, sent for that purpose, and then On motion, the Bill was put the third time and passed with Amendments. Ordered to be Engrossed.

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

Gentlemen of His Majesty's Honble Council

In answer to your Message of this day, relative to the Word “House” in the Bill for defraying the Expence of his Majestys Honourable Council, and the Members of the Assembly being dele'd, and in place thereof the Word Board inserted, we find the word as well as House, made use of in a former Act of Assembly, yet to prevent any Misunderstanding between this House and your Honours, we are willing the Word Board in the above mentioned Bill be dele'd, and instead thereof, the Word Council be inserted, which if your Honours agree to, the two Members who bring this, will see the same inserted.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

5th March 1764.

Then the House adjourned till 10 o'clock to Morrow morning.


Tuesday Morning March 6th 1764 The House met according to adjournment.
Present
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble Lewis De Rossett Esquire
The Honble John Sampson Esquire
The Honble Henry Eustace McCulloh Esquire
The Honble Alexander McCulloh Esquire

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

Mr. Speaker, and Gentlemen of the Assembly,

A dispute about Words would be frivolous, were it not introductive of a dispute about Things and Powers, and as we are determined to maintain and Support firmly those Powers, and Authorities with which the Crown hath invested us, we will not permit you in any

-------------------- page 1132 --------------------
Bill, Resolve or Message, to call us by any other Name less Respectable than that of House, and we have the greater Right to insist on this, as we never fail in any mark of respect to you, which can reasonably be desired.

We are therefore to inform you that unless you amend the Bill in question, by re-inserting the word House, as it stood on the second reading here, we will not pass that, or any other Bill, or Concur with you in, any Resolve or Estimate.

In the Upper House of Assembly
By Order
BURGWIN Clk.

6th March 1764

Received from the Assembly by Mr. Sugg and Mr. Taylor Junior, the following Message to wit

Gentlemen of his Majesty's Honble Council,

We are sorry that a name in every respect, dignified and Honourable, importing Wisdom and deliberation, and which his Majesty has been graciously pleased to confer on you, should become so strangely disagreeable to your Honours, as to produce a Message threatening destruction to all Bills before you, however Serviceable they may become to the publick, unless this House will agree to the Alteration of the Name, your Honours seem so desirous to get rid of, to that of House We cannot but consider this Message as inflammatory in its Tendency, and Obstructive of Publick Business in its consequences; and as such must observe to your Honours that a Measure of this Sort, we humbly conceive inconsistent with those professions of regard to the Publick, which your Honours have been pleased to make on several other Occasions, and that duty which is due from each Branch of the Legislature to his Majestys Subjects, inhabiting this Province, it is we apprehend very immaterial to the Crown or to the people which Laws be enacted by the Governor, Council and Assembly, or by the Governor, Upper and lower House, the Advantages arising therefrom will always be in proportion to the Wisdom of their Formation.

This House, however, more attentive to the Interest of the publick, and to things and powers, (which we are persuaded will neither be changed or increased by the alteration you propose,) than sounds, will for the sake of that peace and Harmony, which we consider is indispensably necessary to subsist, among the several Branches of the Legislature, readily agree that the word “House,” shall be steted

-------------------- page 1133 --------------------
in that Bill, and shall send two of the Members of this House, to see the same done;

And to prevent any disputes for the future, we will propose that the Committee of both Houses, should meet tomorrow Evening, at any place your Honours shall appoint, to settle a proper decorum between the two Houses.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

6th March 1764.

Then on motion, the Bill to continue Couchet Jouvencal Esquire, Agent for this Province, was Read the second time, amended and passed.

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

Mr. Speaker and Gentlemen of the Assembly,

As we think it our duty, to address his Majesty on the late Honble Peace, we desire if you are in the same Sentiment, that you will please to appoint such of your Members as you see fit, a Committee to Join the Honble Lewis De Rossett and Henry Eustace McCulloh a Committee on the part of this House to prepare the said address


6th March 1764 In the Upper House of Assembly

Then the House adjourned till 10 o'clock tomorrow Morning.


Wednesday Morning March 7th 1764 The House met according to Adjournment.
Present
The Honble James Murray Esqr
The Honble John Sampson Esqr
The Honble James Hasell Esqr
The Honble Henry Eustace McCulloh Esqr
The Honble Lewis DeRossett Esqr
The Honble Alexr McCulloh Esqr

Received from the Assembly the following Message to wit—

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to the appointment of a Committee of this House, to join the Honourable Lewis De Rossett and Henry Eustace McCulloh Esquires, to prepare an Address to his Majesty, on the late Honourable Peace, we have appointed

-------------------- page 1134 --------------------
Mr. Cornelius Harnett, Mr. John Starkey and Mr. Joseph Montford, a Committee of this House for that purpose.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk

6th March 1764

Then on motion the Bill for the more effectual detecting and punishing the Makers and Utterers of Counterfeit Bill Money Robbers and other Felons—was read the second time amended and passed.

Received from the Assembly by Mr. Montford and Mr. Harris A Bill, for the more effectual detecting and punishing the Makers and Utterers of Counterfeit Bill Money &c.

On motion, Read the said Bill the third time and passed. Ordered to be Engrossed.

On motion, the Bill to continue Couchet Jouvencal Esqr Agent of this Province, was Read the third time and Ordered that the following Message be sent to the Assembly—

Mr. Speaker, and Gentlemen of the Assembly

In Reading the third time, the Bill to continue Couchet Jouvencal Esquire Agent to this Province, we must insist upon the reinstating of that proviso which you dele'd, relative to a Member of our House being of the Quorum of the persons corresponding; the propriety of it must Occur to you, if you are pleased to consider that as we admit a double Number of the Committee from your House, unless a Negative is vested in us, we should in fact be Cyphers, which we shall not willingly agree to We hope the Utility of the Bill, and the reasonableness of this amendment, which we adhere to, will induce you not to lay us under a necessity of Rejecting it.

Then on motion, Ordered that the following Message be sent to the Assembly—

Mr. Speaker and Gentlemen of the Assembly,

If we were to consider our feelings, in preference to the desire we have, to prefer the publick Good to all other Considerations, we should think Ourselves very well Justified, in animadverting in a proper manner upon that Spirit of Aggravation which appears upon the face of your last Message, but as this House have received that publick Satisfaction thereby, which we are unanimously of Opinion, the Duty we owe to the Crown, the Publick and Ourselves, laid us

-------------------- page 1135 --------------------
under a necessity of insisting upon from you, We shall proceed to give the Publick Business all the dispatch in our Power.

But at the time we must Observe to you, that our Objection to the term of Council, did not proceed from any Opinion, that it was in your Power to give us One more Honourable but from a Resolution of being addressed in our different Capacitys, by proper and adequate Titles

As to those reflections you throw out, against the Resolution we took upon this dispute, we flatter ourselves, no person who considers impartially, will determine it improper, and as to our desires to promote the public Good, we hope our proceedings will ever Evince their Sincerity; and we may not be Cloathed, with the Specious Title of Representatives of the People, Our desires and intentions to promote and support their just Rights and Properties, are equally as strong as yours.

We are sensible that an indecent Spirit of Animadverting upon this House, has been often a popular procedure, but we must inform you that the easiness of our predecessors may have encouraged former Assemblys to treat this House with less respect, than they are Justly entitled to, we for our part are firmly determined never to attempt the least disrespect or Encroachment upon your Rights and Privileges, nor to permit Ourselves to be treated at any time in a manner derogatory of those Honours and Powers, which we apprehend to be our just due.

We sincerely wish, that this may be the last occasion on which we shall be forced to enter upon this truly disagreeable Subject, and that the two Houses may cordially strive for the future, to make themselves both truly Honourable by mutually giving that Honour and Respect to each other which they are entitled to.

With respect to the amendments, which we apprehend to be necessary in the Bill for defraying the Expence of his Majesty's Honourable Council, and the Members of the Assembly &c they are as follows

We propose that the Certificates or Tickets, of the Members of this House, should be signed by Our President only, and not countersigned by your Speaker, or if you chuse the Alternative, that all Tickets or Certificates should be countersigned by both

We propose further to reinstate all those Clauses in the Bill which relate to each Countys paying their own particular Members and to Ascertain the Tax; or we will agree further, that the Wages of your House, be paid by the Treasurers, out of the contingent fund, to be

-------------------- page 1136 --------------------
replaced by the Tax to be laid on the Counties, each for its own Members, and for the Member of any Town within the County.

To which if you agree, you will please to send some of your Members to see the same inserted accordingly.

Then on Motion, the Bill to Impower the Publick Treasurers to draw for the proportion of Money granted by Parliament &c. was Read the Second time, amended and passed.

Received from the Assembly by Mr. Kenan and Mr. Coale, the following Message to wit

Gentlemen of his Majesty's Honble Council,

We desire to observe to your Honours, that it has always been a practice, to appoint a Majority of a Committee of Correspondence in this House, and that we cannot see any reason to deviate from a Custom, which no Inconvenience has ever yet arose from. We therefore cannot agree with you, in the inserting the Clause you propose, We are sorry that a difference of Opinion, should Occasion the loss of a Bill, which we agree with your Honours, will be if passed into a law, of great utility to the Province,

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

7th March 1764

Gentlemen of his Majestys Honble Council,

The Chairman of the Committee of Accounts hath Reported that John Starkey Esquire, Publick Treasurer of the Southern District, hath paid into the hands of the said Committee the sum of Five hundred and Sixty nine pounds in Notes, uttered a Secnd time, £1104.12.6 in Treasurers Notes Interest included, and £1140.9.8 on the Sinking Fund, which said several Sums amounting in the whole to £2814.2.2 are by law to be burnt; This House have therefore appointed a Committee of the whole House, to join yours at the House of John Campbell in Wilmington at 5 o'clock this Evening.

JOHN ASHE, Speaker.
By Order
Wm Herritage, Clk.

Gentlemen of his Majestys Honble Council

In answer to your Message, relative to the several Alterations you propose in the Bill, for defraying the Expence of His Majesty's Honourable

-------------------- page 1137 --------------------
Council, and Members of the Assembly &c. we cannot concurr in any of the alterations proposed by the said Message.

JOHN ASHE Speaker.
By order
Wm Herritage Clk

7th March 1764.

Then the Bill for defraying the Expence of the Members of his Majesty's Honourable Council and the Members of the Assembly &c. was put the third time and rejected.

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

Mr. Speaker & Gentlemen of the Assembly

In answer to your Message of this day relative to burning the several Sums, paid on the Sinking Fund, into the Committee of Accounts, the Chairman of our Committee, having made a Report similar to that of your Committee;

This House have appointed a Committee of the whole House, to see the sum you mention burnt at the House of Mr. John Campbell in Wilmington at the time you mention.

By Order
BURGWIN Clk.

7th March 1764.

Then on motion the Bill to continue Couchet Jouvencal Esquire, Agent for this Province, was put the third time and Rejected.

Received from the Assembly by Mr. Kenan and Mr. Coale the Bill to Impower the Publick Treasurer, to draw for the proportion of Money, granted by Parliament to this Province &c.

Then the House adjourned till 10 o'clock tomorrow morning


Thursday Morning March 8th 1764 The House met according to adjournment.
Present
The Honble James Murray Esqr.
The Honble James Hasell Esqr.
The Honble Lewis De Rossett Esqr.
The Honble John Sampson Esqr.
The Honble Henry Eustace McCulloh Esqr.
The Honble Alexander McCulloh Esqr.

Then on motion, the consideration of the Petition of Hannah Dunbibbin and the Resolve of the lower House of Assembly for

-------------------- page 1138 --------------------
Fifty pounds to be paid her for the Services therein mentioned, was again resumed and concurred with.

By Order
BURGWIN Clk.

On motion the following address was taken into consideration and Ordered to be entered on the Journal to wit


North Carolina—ss.

To his Excellency Arthur Dobbs Esqr Captain General Governor and Commander in Chief, in and over his Majestys Province of North Carolina.

The Address of his Majesty's Council, and the House of Assembly of this Province.

We, the Members of his Majestys Council, and the House of Assembly of this Province, beg leave to acquaint your Excellency, that Jeremiah Vail, late receiver of the Dutys of Rum and Spirituous Liquors in the port of Beaufort, at the time of his death, was largely in arrear to the Publick, on account of the said Dutys by him in his life time received, since whose Death, the Publick commenced an Action against the Administrators of the Estate of the said Jeremiah Vail, and recovered a Judgment for the said Arrears, and in Order to receive the Benefit of the said Judgment, the same was carried into Execution against, the Goods, Chattels, Lands and Tenements of the said Jeremiah Vail, whereof he was possessed at the time of his death, and those Goods and Chattels sold; but the Money arising by such Sale, falling greatly short of the said Debt, the said Lands were also exposed to Sale, few Bidders appearing and those not offering scarce half the value of the said Lands which if taken would have still fallen short of the Original Sum recovered, therefore the Sale of those Lands was postponed, being well assured, if they might be sold on reasonable credit, the price thereof would be greatly enhanced, and thereby the public receive the most part (if not all of the Debt) recovered as aforesaid; Therefore we are of Opinion and have resolved, that the Treasurer of the Southern District, do Order the Sheriffs to whom the said Executions are directed, to sell the said Lands on Six Months Credit, taking good Security upon Bond, and Judgment from the person or persons, purchasing the same, and deliver the Bonds when taken to the said Treasurer, from whence we have great reason to hope the public will not lose any part of the Debt due from that Estate, and desire your Excellency

-------------------- page 1139 --------------------
will be pleased, to approve of our Resolution, and Concur with us therein.

Signed
JAMES MURRAY President
John Ashe, Speaker.

17th February 1764.

Received from the Assembly, by Mr. Starkey and Mr. Harnett, the following Message to wit

Gentlemen of his Majestys Honble Council,

This House have Resolved that the Sum of Twenty Pounds, be paid by the Public Treasurers to Lazarus Crul, and Ten pounds to Joseph Ford for their apprehending one William Willis, a noted Rogue and bringing him to the Gaol in Wilmington, and that the said Treasurers be allowed the same on passing their Accounts, and desire your Honours Concurrence thereto.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

8th March 1764

On motion the above Resolve was taken under consideration and concurred with

Received from the Assembly by Mr. Starkey, Mr. Montford, and Mr. Harnett the Reports of the Committee of Accounts (concurred with in the lower House) for the concurrence of this House

Received from the Assembly by Mr. Kenan and Mr. Sumner, the following Message to wit

Gentlemen of his Majestys Honble Council,

This House taking into consideration the necessity of printing the Laws which may pass this Session, the Journals &c. have Resolved that the Honourable James Murray Esquire, John Ashe, John Starkey, Cornelius Harnett and Thomas Clifford Howe Esquires, or the Majority of them do agree with such person they shall think proper for a sum not exceeding Two hundred pounds to print the Laws which shall pass this Session of Assembly, the Journals of the House of Assembly, and all other Acts of Government for One Year; which said Laws and Journals shall be dispersed by the person who shall print the same, to the several Counties of this Province, in the manner and for the same use and purposes, as the late Printer James Davis was obliged to do, by an Act of Assembly

-------------------- page 1140 --------------------
passed in the year of our Lord 1760, appointing the said James Davis Printer to this Province, and desire your Honours Concurrence.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

8th March 1864

Then on motion the said Resolve was taken under Consideration and Concurred with.

JAMES MURRAY President.
By Order
John Burgwin Clk.

Received from the Assembly by Mr. Wynns and Mr. Jones the following Message to wit

Gentlemen of His Majesty's Honble Council,

This House in Reading the Petition of Charles Cogdell, and on mature consideration had thereon, have Resolved that the public Treasurers do pay the said Charles Cogdell, the legal Interest on the sum of £1199.9—being the sum due to him from the Public, until that sum be paid him, and that the Treasurers be allowed the same on passing their Accounts with the Publick.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk.

8th March 1764

On motion, Read and Concurred with.

JAMES MURRAY, President.

Received from the Assembly the Reports of the Committee of Claims (concurred with in the lower House) for the Concurrence of this House.

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

Mr. Speaker and Gentlemen of the Assembly,

Your Message proposing to allow Interest, to Charles Cogdell for the sum of £1199.9 due to him from the Public, being highly just, is very agreable to us, and we are unanimously of Opinion that the same regard to Justice and the publick Faith, ought to induce the Legislature, to allow Interest to every other Creditor of the Public, and particularly to Colo1 Hugh Waddell, Major Bailey and Mr. Walter Lindsay which Honble procedure would in the end, be truly

-------------------- page 1141 --------------------
a saving to the Province as it would encourage good Servants to behave well and to serve on the lowest terms.

In the Upper House of Assembly

By Order
BURGWIN Clk

8th March 1764

On motion the Bill to Impower the Public Treasurers to draw for the proportion of Money granted by Parliament to this Province &c. was Read the third time and Ordered that the following Message be sent to the Assembly, vizt.

Mr. Speaker & Gentlemen of the Assembly,

On Reading over for the third time, the Bill to Impower the Publick Treasurers to draw for the proportion of Money granted by Parliament to this Province &c. we observe you have reinstated that part, which relates to the Allowance proposed by it to be made to Mr. Bacon which we can by no means agree to; and therefore propose it should be amended as it stood upon the second Reading with us. Our reason for this Opinion must be obvious to you.

As we have found Ourselves under the necessity of Rejecting the Bill, for appointing an Agent, we are to observe to you that in case you think proper to agree to our amendment proposed in the above Bill, it will be necessary to prepare and insert a Clause, to Impower Mr. Jouvencal to receive from the Right Honourable the Lords of the Treasury, the proportion of the Parliamentary Grant allotted to this Province, for the Service of the War in the year 1761.

We would further propose that a Clause be added to the Bill to repay the Governor £400 Sterling the sum he advanced for 134 Men, at the request of Sr Jeffrey Amherst.

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

Then the House adjourned till 10 o'clock tomorrow Morning.


Friday Morning March 9th 1764. The House met according to adjournment
Present
The Honble James Murray Esqr.
The Honble James Hasell Esqr.
The Honble Lewis De Rossett Esqr.
The Honble John Sampson Esqr.
The Honble Henry Euse McCulloh Esqr.
The Honble Alexander McCulloh Esqr.

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

-------------------- page 1142 --------------------

Mr. Speaker & Gentlemen of the Assembly,

On considering the Report of your Committee of Claims We must Observe to you, that we do not apprehend the sum of £266.13.4 allowed for the Governors claim of £200 Sterling, is at all adequate in value; we therefore propose that the same should be rated, according to the real value of Exchange;

On considering likewise the Report of your Committee of Accounts, we observe that John Starkey Esquire, Publick Treasurer has charged One hundred and twenty Nine pounds Ten shillings, paid to James Davis Printer, said to be in part of a Resolve of last Session for Two Hundred Pounds; but as no such Resolve ever received the Concurrence of this House, we shall not allow the same; as we will by no means admit that the Treasurers are Impowered, or Authorised to pay away any Money, on the Foundation, of the Resolve of either House, but as it is the Mode, and not the Substance of the payment which we object to, if you will prepare and send us up a Resolve for that purpose, it shall meet with our Concurrence.

By Order
BURGWIN Clk.

9th March 1764

Received from the Assembly the following Messages by Mr. Moore and Mr. Brown

Gentlemen of his Majesty's Honble Council,

Mr. Starkey from the Committee appointed to prepare an Address to his Majesty, Reported that the Committee had prepared the same, which is approved of by this House, and herewith sent, to which desire your Honours Concurrence.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk.

9th March 1764

Gentlemen of his Majesty's Honble Council,

This House on Reading the Petition of Walter Lindsay, which we herewith send you, having duly considered the same, have resolved that the said Walter Lindsay, be allowed the legal Interest on the Sum of £557.1.—from the 25th March 1763, and paid him by the Treasurers, until he shall receive the said Sum of £557.1.—which

-------------------- page 1143 --------------------
the Public is in arrear to him, and desire your Honours Concurrence thereto.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk

8th March 1764

On Motion Read and Concurred with.

Gentlemen of his Majestys Honble Council.

The Treasurer of the Southern District, having paid James Davis Printer, One hundred and Twenty Nine pounds Ten Shillings as appears by Report of the Committee of Accounts, for printing the Laws & Journals of the last Session of Assembly and other Services, in consequence of a Resolve of the said Assembly, which payment this House having allowed him, desire your Honours Concurrence.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk

9th March 1764

On Motion read and Concurred with

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

Mr. Speaker and Gentlemen of the Assembly.

The address to his Majesty on the Peace prepared by your Committee and approved by your House, sent with your Message of this day, desiring our Concurrence, differing in some particulars from the Address prepared by your Committee, which we prefer This House is content that you address his Majesty seperately, on that Joyfull Occasion and we return your former Address for that purpose.

Received from the Assembly by Mr. James Moore and Mr. Knox, the following Message to wit

Gentlemen of his Majesty's Honble Council,

In Answer to your Message this day, relative to the allowance of £266.13.4 made to the Governor by the Committee of Claims, we must inform you that this House do not admit it as a matter of

-------------------- page 1144 --------------------
Claim or Right, but allowed merely as a compliment, therefore cannot concurr with your Honours in the Alterations proposed.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

9th March 1764

Gentlemen of his Majesty's Honble Council,

In answer to your Message of yesterday, (but received this day) regarding the Bill to Impower the Public Treasurers, to draw for the proportion of Money granted by Parliament to this Province &c. we must Acquaint you that that Bill was duly considered by us, on its third reading in this House, and as no Reasons appear to induce us to alter that Bill, We therefore must inform your Honours We cannot concurr that any alteration be made therein,

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk

9th March 1764

Then on Motion, the Bill to Impower the Publick Treasurer, to draw for the proportion of Money granted by Parliament &c. was put the third time, and rejected.

Received the Estimates of the lower House of Assembly which were Read and concurred with, and returned to the Assembly.

Sent to the Assembly the Estimate of Allowances &c, of this House and received the same back, concurred with in the Assembly.

Then his Excellency the Governor, came to this House, and commanded the immediate attendance of the Speaker and Assembly, who attended accordingly, and presented his Excellency, with the following Acts for his Assent to wit

1st An Act concerning Vestries.

2nd An Act for appointing a Militia;

3rd An Act, for encouraging the Culture of Hemp & Flax &c.;

4th An Act for appointing Public Treasurers.

5th An Act, to continue An Act, intituled an Act, to make provision for paying the Chief Justice & Attorney General &c.

6th An Act, to Impower the Inferior Courts of the several Counties in this Province, to order the laying out the public Roads &c.

7th An Act, for destroying Vermin &c.

8th An Act, to Amend an Act, intituled an Act, for the Relief of such persons as have suffered or may suffer by not having had their Deeds or Mesne Conveyances proved &c.

-------------------- page 1145 --------------------

9th An Act, for the more effectual detecting and punishing Money makers &c.;

10th An Act, for suppressing excessive and deceitfull Gaming.

11th An Act, to continue an Act to amend & further continue an Act for facilitating the Navigation of Port Bath &c.

12th An Act, for erecting part of St Philips Parish in New Hanover County, into a separate County by the name of Brunswick County, and for dividing the County of Granville &c.

13th An Act, for adding part of Craven to Dobbs County;

14th An Act, for altering the dividing Line, between Bladen and Cumberland.

15th An Act, for altering the dividing Line, between Dobbs & Pitt;

16th An Act, for laying a Tax, on the inhabitants of the several Counties, of the District of Salisbury Superior Court, to repair the Publick Goal &c.

17th An Act, for Erecting in the Town of Halifax, a publick Goal, and Goalers House for the District of Halifax &c.;

18th An Act, for Ascertaining a proper place, for Building thereat, a Court House, Clerks Office, Prison & Stocks for the County of Edgecombe;

19th An Act, to Impower the Sheriff of Orange to collect and apply the arrears of the Taxes due, in the said County &c.

20th An Act, for Building a School House &c at New Bern.

To which Acts, his Excellency was pleased to give his Assent.


Saturday Morning March 10th 1764.
Present
The Honble James Murray Esqr.
The Honble James Hasell Esqr.
The Honble Lewis De Rossett Esqr.
The Honble John Sampson Esqr.
The Honble Henry Eustace McCulloh Esqr.
The Honble Alexander McCulloh Esqr.

On motion, the Report of the Committees of Accounts, and Claims were Read, approved of and Concurred with, and sent to the Assembly.

Received from the Assembly, by Mr. Harnett and Mr. Starkey the following Message to wit.

-------------------- page 1146 --------------------

Gentlemen of his Majestys Honble Council,

This House have Resolved, that the Treasurers pay into the hands of Cornelius Harnett Esquire, Eight Pounds, to supply William Miller, now detained in Goal at Wilmington, as an Evidence in behalf of our Sovereign Lord the King, against James Farr and others, with such Necessaries, as the said Cornelius Harnett shall think fit.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

9th March 1764. Read and Concurred with.
JAMES MURRAY President.

Received from the Assembly, by Mr. Harnett and Mr. Starkey, the following Message to wit


Saturday the 10th March 1764

In the Assembly

Resolved that the Treasurers of this Province be Impowered, to draw by Bills at the highest Current Exchange on James Abercrombie and Samuel Smith Esquires, for whatever Sum or Sums of Money, shall be in their hands, of the proportion of the Parliamentary Grant, allowed this Province, and that the Money arising therefrom, be applied by the said Treasurers towards discharging the sum due to his Excellency the Governor for the Purchase Money of the Land called Tower Hill, and the sum allowed him this Session as per Report of the Committee of Claims, and other Publick Debts due from this Province; and in Aid to the Taxes, defraying the contingent charges of Government

Gentlemen of his Majesty's Honble Council

This House have Resolved as above, and desire your Honours Concurrence thereto.

JOHN ASHE, Spkeaker.
By Order
Wm Herritage Clk.

10th March 1764.

Then on motion, the foregoing Resolve was taken under Consideration and Ordered that the following Message be sent to the Assembly.

Mr. Speaker & Gentlemen of the Assembly

In answer to your Message of this day, for Impowering the Public

-------------------- page 1147 --------------------
Treasurers, to draw on James Abercrombie and Samuel Smith Esquires, for the money in their hands, this House will concur with your Resolve, under the following Regulations,

1st. That a Schedule of all the considerable Public Debts be first prepared, Concurred with and Annexed, to the Resolve;

2d. That his Excellency the Governor, or Commander in Chief for the time being, draw the Bills in such sums as shall be required, in favour of the Public Treasurers, who shall Indorse the same, and from time to time, render to his Excellency an Account to whom, and upon what terms they dispose of the said Bills;

3d. That the Public Treasurers only be allowed a Commission of One per Cent, for the sums they shall receive for the said Bills;

To which proposals if you agree, you will prepare a Schedule and Resolve accordingly.

Received from the Assembly the following Message to wit

Gentlemen of His Majestys Honble Council

In answer to your Message wherein you propose to concur with that of ours to you, relative to the Treasurers being Impowered to draw on James Abercrombie and Samuel Smith Esquires under certain Regulations, we must acquaint you, that we find the time in this Session will be too short (as we think it will end this day) to form a Schedule of the Publick Debt; and as to that part of your Message, wherein you propose, that the Governor draw the Bills, we would observe to you, that we think the Public will be very safe, in allowing the Treasurers only to draw, especially when we consider they give Security for the faithfull discharge of their Office in the sum of Twenty Thousand pounds sterling for which reason we cannot concur with you on those Heads, as to your third proposition, of allowing to the Treasurers a Commission of One per cent, for the sums they shall receive for the said Bills, we have no Objection.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

10th March 1764

On motion, the following Message was sent to the Assembly, to wit,

Mr. Speaker and Gentlemen of the Assembly

On considering your Message of this day relative to the drawing for the money at home, we would propose that you should explain

-------------------- page 1148 --------------------
your Resolve by specifying that by the Words Public Debts you intend no other than such as have received the sanction of the whole Legislature; We further propose that the Treasurer should be directed to give his Excellency a Bill for £200 Sterling, on Account of the Claim put in by him, and allowed by the two Houses this Session;

If you will prepare, and send up a Resolve to this purpose, it shall meet with our Concurrence.

Received from the Assembly, by Mr. Simpson and Mr. Fifer, the following Message, to wit,

Gentlemen of His Majesty's Honble Council

In answer to your last Message of this day, relative to the drawing for the money at home, to prevent disputes with your Honours, we do agree that it be added to the Resolve of this House this day sent you; That the Treasurers should be directed to give his Excellency a Bill of £200 Sterling, on account of the sum allowed him, as per the Report of the Committee of Claims this Session, and desire your Honours Concurrence thereto, and as nothing further is before this House, desire your Honours will please to return a speedy Answer.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

10th March 1764

Then the Consideration of the first Resolve of this day, was again taken under consideration, as also the above, and both returned to the Assembly Concurred with.

Received from the Assembly by Mr. Wynns and Mr. Hardison, the following Resolve and Message to wit

March 3d in the Assembly

Resolved that ten Men, and One Commissd Officer be appointed to Garrison Fort Johnston, the Officer @ 4s per Diem & Eight pence for Subsistence, the Men at 1s 4d per Diem and Eight pence each for their Subsistence, and that four Men and One Commissioned Officer, be appointed to Garrison Fort Granville, the Officer at 2s per Diem and Eight pence for his Subsistence, the Men at 1s 4d per Diem and Eight pence for their Subsistence.

JOHN ASHE, Speaker.
-------------------- page 1149 --------------------

Gentlemen of His Majesty's Honble Council,

We herewith send the Resolve of the House relative to the Garrisoning Fort Johnston, and Fort Granville, and desire your Honours Concurrence thereto.


10th March 1764
By Order
Wm HERRITAGE Clk.

Then on motion, Ordered that the following Message be sent to the Assembly to wit—

Mr. Speaker and Gentlemen of the Assembly,

On considering your Resolve, relative to the Garrisons of Fort Granville and Johnston, we must insist upon the Commissioned Officers being put upon the same footing, you will therefore alter your Resolve accordingly, as we cannot concur with it as it stands.

By Order
JOHN BURGWIN Clk

10th March 1764.

Received from the Assembly the following Message to wit—

Gentlemen of His Majestys Honble Council,

In answer to your Message relative to the propositions, of putting the Officer of Fort Granville on an equal footing, with the Officer of Fort Johnston, we cannot agree, therefore desire your Honours concurrence to our former Resolve.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

10th March 1764.

Then on motion, the Consideration of the aforementioned Resolve was Resumed and Concurred with.

JAMES MURRAY, President.
By order
John Burgwin Clk.

10th March 1764.

Then his Excellency was pleased to prorogue the General Assembly by Proclamation untill        the        day of October next.

I hereby Certify, that the foregoing Sheets, contain a true copy of

-------------------- page 1150 --------------------
the Journal of the Upper House of Assembly for February and March—Session 1764.

Jno BURGWIN Clk

May 14, 1764.