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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
February 03, 1764 - March 10, 1764
Volume 06, Pages 1150-1218

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

North Carolina—ss.

At an Assembly begun and held at Wilmington the Third day of February 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 (and so forth) and in the year of our Lord One Thousand seven Hundred and Sixty four, being the first Session of this present Assembly.


Friday the 3d of February 1764.

Certificates of the Election of the following Representatives for the several Counties and Towns within this Province were by the Clerk of the Crown returned as follows, Vizt

Craven County—Mr. Joseph Leech, Mr. Thomas Clifford Howe.

Onslow County—Mr. John Starkey, Mr. William Cray.

Wilmington—Mr. Cornelius Harnett.

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

Brunswick—Mr. Maurice Moore.

Johnston County—Mr. Benjamin Hardy, Mr. Needham Bryan.

Bath Town—Mr. Wyriott Ormond.

New Bern—Mr. Alexander Elmsley.

Cumberland County—Mr. Farquhar Campbell, Mr. Walter Gibson.

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

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

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

Bladen County—Mr. William Bartram, Mr. Isaac Jones.

Carteret County—Mr. Joseph Bell, Mr. William Coale.

Pursuant to which the following members appeared, to wit, Mr. John Ashe, Mr. Wyriot Ormond, Mr. Benjamin Hardy, Mr. Samuel Benton, Mr. Felix Kenan, Mr. Joseph Bell, Mr. Isaac Jones, Mr. Farquhar Campbell, Mr. James Moore, Mr. Walter Gibson, Mr. William Bartram, Mr. Joseph Williams, Mr. Cornelius Harnett, Mr. William Cray, Mr. Robert Harris, Mr. Maurice Moore, Mr. Needham Bryan and Mr. John Starkey.

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Two of the members of his Majesty's Honble Council to the House and the last above mentioned Eighteen members took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats.

William Herritage Clerk took the Oaths by Law appointed for his Qualification subscribed the Test and took his place.

Two members waited on his Excellency the Governor and acquainted him that Eighteen members were met—and being returned acquainted the members that his Excellency desired their attendance immediately

The members accordingly waited on his Excellency the Governor and his Excellency directed them to return and make Choice of a Speaker

The members Returned and Mr. Starkey proposed Mr. John Ashe for their Speaker who was unanimously Chosen and placed in the Chair Accordingly.

The members with Mr. Speaker waited on his Excellency the Governor and his Excellency was pleased to approve of their Choice

The House Returned

Then the House Adjourned till 10 oClock to morrow morning.


Saturday the 4th of February 1764 The House met according to Adjournment

Two of the Members of his Majesty's Honble Council came to the House and Mr. William Coale one of the Members for Carteret County appeared and took the Oaths by Law appointed for his Qualification subscribed the Test and took his seat in the House.

His Excellency the Governor sent a Message to the House desiring the Immediate attendance thereof in the Council Chamber.

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber where his Excellency made a Speech to his Majestys Council and this House a Copy of which to prevent mistakes Mr. Speaker obtained and laid the same before the House.

Ordered the same lye till Monday for Consideration

Then the House adjourned till Monday Morning 11 oClock


Monday the 6th of February 1764 The House met according to Adjournment

Two of the Members of his Majestys Honble Council came to the House and Mr. Martin Fifer and Mr. Richard Berry the two Representatives for Mecklenburg County Mr. Thomas Lloyd one of the

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Representatives for Orange County appeared took the Oaths by Law appointed for their Qualification subscribed the Test and took their Seats in the House

The Order of the day being Read the House Resolved his Excellency's Speech lye till To morrow for Consideration

The House adjourned till 10 oClock tomorrow Morning


Tuesday the 7th of February 1764 The House met according to Adjournment

The Clerk of the Crown Presented Certificates of the Return of the Writs for Electing Representatives for the Counties of Tyrell, Hyde, Pasquotank, Northampton, Currituck, Edgecombe, Perquimons and Bertie, and also for the Town of Edenton, Thereby Certifying that Mr. William Mackey, Mr. Edmond Smithwick, Mr. Jacob Blount, Mr. William Barns and Mr. John Hardison, were Elected for Tyrell County, Mr. Thomas Smith and Mr. George Barrow for Hyde County, Mr. Samuel Swann, Mr. Thomas Taylor Junr Mr. Lemuel Sawyer, Mr. Joseph Jones, and Mr Josiah Nash for Pasquotank County, Mr. Joseph Sykes, and Mr. Robert Jones for Northampton County, Mr. William Cumming Mr. Henry White, Mr. Stephen Williams, Mr. Francis Brown, and Mr. Samuel Barnard for Currituck County, Mr. Aquilla Sugg, and Mr. Joseph Howell for Edgcomb County Mr. John Harvey, Mr. Benjamin Harvey, Mr. Charles Blount, Mr. Seth Summer and Mr. Andrew Knox for Perquimons County, Mr. Cullen Pollock, Mr. William Gray and Mr. Thomas Pugh for Bertie County and Mr. Samuel Johnston for Edenton

The Order of the day being Read the House took under consideration his Excellency the Governors Speech and Ordered the same be read, the same was read and ordered to be entered on the Journal of the House, and is as follows—Vizt

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

Then on motion, Resolved, that a Committee be appointed to prepare an Address in Answer to his Excellency the Governors Speech and Mr. Starkey, Mr. Harnett, Mr. Moore, Mr. Benton and Mr. Harris are accordingly appointed.

The Clerk of the Crown presented Certificates of the return of the Writs for Electing Representatives for the Counties of Dobbs, Halifax and Pitt, thereby Certifying that Mr. Richard Caswell and Mr. Francis Mackelwean were Elected for Dobbs County, Mr. George

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Moy and Mr. John Simpson for Pitt County and Mr. Blake Baker and Mr. Joseph Montfort for Halifax County.

Two of the members of his Majesty's Honble Council came to the House and Mr. Joseph Howell, Mr. Joseph Leech and Mr. Thomas Clifford Howe appeared took the Oaths appointed by Law for their Qualification subscribed the Test and took their Seats in the House.

Ordered Mr. Harnett, Mr. Harris, Mr. Montfort, Mr. Leech, Mr. Moore, Mr. Cray and Mr. Gibson be appointed a Committee to settle the Public Accounts of this Province, and Mr. Starkey, Mr. Caswell, Mr. Benton, Mr. Bartram, Mr. Kenan, Mr. Bell and Mr. Simpson to settle and allow Public Claims in Conjunction with such of his Majestys Honble Council as they shall think fit to appoint.

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

Gentlemen of his Majestys Honble Council,

This House have appointed Mr. Harnett, Mr. Harris, Mr. Montfort, Mr. Leech, Mr. James Moore, Mr. Cray and Mr. Gibson a Committee of this House to settle the Public Accounts of this Province, And Mr. Starkey, Mr. Caswell, Mr. Benton, Mr. Bartram, Mr. Kenan, Mr. Bell, and Mr. Simpson to settle and allow Public Claims in Conjunction with such of your Honours as you shall think fit to appoint.

JOHN ASHE Sp.

Sent by Mr. Caswell and Mr. Howe.

Mr. Moore moved that a Committee of Privileges and Elections be appointed, and Mr. Moore, Mr. Montfort, Mr. Caswell, Mr. Starkey, Mr. Bell, Mr. Benton, Mr. Kenan, Mr. Harnett, Mr. Lloyd. Mr. Simpson, Mr. Bartram, Mr. Campbell, Mr. Bryan, Mr. Williams and Mr. Isaac Jones are accordingly Appointed

Mr. Starkey moved that a Committee of Propositions and Grievances be appointed, and Mr. Kenan, Mr. Harris, Mr. James Moore, Mr. Leech, Mr. Lloyd, Mr. Hardy, Mr. Mackilwean, Mr. Montfort, Mr. Howell, Mr. Starkey, Mr. Simpson, Mr. Jones, Mr. Gibson, Mr. Coal, Mr. Barrow, Mr. Fifer, Mr. Ormond, Mr. Hardison, Mr. Harnett and Mr. Maurice Moore are accordingly appointed

Then the House Adjourned till 10 oClock To morrow Morning

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Wednesday the 8th of February 1764 The House met according to Adjournment

The House Adjourned till 3 o'clock Afternoon.

The House met according to Adjournment

Mr. Starkey from the Committee appointed to prepare an Address in answer to His Excellency the Governors Speech Reported that the Committee had prepared the same and laid it before the House for approbation

Ordered the same be read—The same is read, approved of by the House and Ordered the same stand the address thereof, and be entered on the Journal thereof, and is as follows Vizt

To His Excelly Arthur Dobbs Esqre Captain General, Governor and Commander in Chief in and over His Majesty's Province of N. Carolina.

The Address of the Assembly of the said Province.

Sir,

We beg leave to congratulate your Excellency's safe return from the late Congress with the other Southern Governors at Augusta, nothing less than your known zeal for the Public in obedience to His Majesty's commands could induce your Excelly in such an advanced time of life and declining state of health to undertake so long & hazardous a journey.

How agreable must it be to us to be assured the Treaty had it's desired success, we have reason to hope the claims and boundaries of the several Indian Nations you are pleased to mention being now adjusted & settled to their satisfaction, the peace made with them may prove durable and lasting; but as the execution of the Treaty may in some instances affect the People of this Province, we humbly request the terms of the Treaty may be communicated to us, that our Constituants may conform their conduct thereto.

As the Province still labours under a large debt occasioned by the many liberal grants made for the service of the late war, it is great pleasure to us that no new aid is required, we shall provide a few men to guard the Forts you are pleased to mention and to take care of the Artillery and Stores belonging to them.

We are sensible Hemp and Flax exported to our Mother Country will make a valuable remittance, and intend to provide proper encouragement to promote the cultivating & raising those Commodities

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for that Purpose. The Tonage duty on shipping has been a heavy burden upon our Trade, but being now expired, we shall enquire what is become of the large sums already collected, how it has been applied or in whose hands it lies, and should that fall short and the Public service require it, re-enact some part of that duty for the purposes you are pleased to mention.

We thank your Excellency for your promise to concurr with this House and the Council, in drawing for and applying the money in the Agents hands in London in order to pay off the Public debts and claims, by which means it will appear how farr the tax for Contingencies will prove deficient and so provision may be made accordingly.

As the emission of new Bills to exchange for those torn, or worn, must be attended with considerable expense, we are clearly of opinion were the several Treasurers and Sheriffs strictly enjoyned to exchange all such ragged and torn Bills that shall be tendered for that purpose for any Public money in their hands which might every Assembly be burnt on the sinking fund, would answer all the purposes seemingly intended by a new Emission.

We agree with your Excellency that several of our Laws are expired and require re-enacting, and others may need amending, particularly those four you are pleased to mention, We shall take them into our consideration and make provision accordingly, but we are sorry to differ in opinion with your Excellency in regard to your construction of the Law for appointing Treasurer's as tho' that was also expired, We apprehend that Law from the very words of it is perpetual, the Tax imposed by it was indeed temporary which time is now elapsed, we must inform your Excelly that great part of that Tax is not yet come into the Treasury, & it may be doubted whether it could be recovered in case that Act was really expired.

We heartily wish the number of regular clergymen in the Province was increased and are perswaded that the settling ministers in the several Parishes would greatly tend to amend the morals of our people & prevent those evils you are pleased to point out, Permit us to say Provision is by Law made for the support of the Parochial clergy as farr as the circumstances of our Constituents could admit, as also large sums granted for Glebes and schools under a suspending clause untill His Majesty's pleasure was known, those sums have been borrowed for the service of the late war and since in part for contingencies, if your Excellency would be pleased to inform us whether you have any instructions to apply them for the purposes

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originally intended, in such case the necessity of a Parochial tax will be very much lessened.

Your Excellency's readiness to concurr in all Laws calculated for those salutary Purposes you are pleased to mention in order to promote the general good of the Province merit our grateful acknowledgments

JOHN ASHE, Speaker.

Feby the 9th day 1764.

Mr. Caswell Presented the Petition of Jacob Blount of Craven County complaining of the undue Election and Return of Mr. Thomas Clifford Howe for one of the Representatives for Craven County, which was read, Ordered the same be Referred to the Committee of Privileges and Elections and that they Report thereon to the House.

Mr. Bell moved that a Committee be appointed to prepare and bring in a Bill Concerning Vestries, And Mr. Starkey, Mr. Bell and Mr. Harnett are accordingly appointed.

Mr. Harnett moved a Committee be appointed to prepare a Bill to amend an Act Intituled an Act for dividing this Province into five several Districts and for Establishing a Superior Court of Justice in each of the said Districts and Regulating the Proceedings therein, And Mr. Caswell, Mr. Montfort and Mr. Starkey are accordingly appointed.

Mr. Harnett moved a Committee be appointed to prepare a Bill for the Inspection of the several Commodities therein named, And Mr. Harnett, Mr. Leech, Mr. Caswell, Mr. Ormond and Mr. Cray are accordingly appointed.

Mr. Kenan moved a Committee be appointed to prepare a Bill for appointing a Militia, And Mr. Leech, Mr. Kenan, Mr. Cray, Mr. Montfort, Mr. Bryan, Mr. Caswell and Mr. Moore are accordingly appointed.

Mr. Leech Presented a Certificate from the County Court of Craven thereby Certifying that Solomon Smith, is of the said County very poor old and infirm and recommending him to be exempt from paying Public Taxes. Granted.

Mr. Bryan Presented a Certificate from the County Court of Johnston thereby Certifying that Moses Sugg is of said County, aged, infirm and very poor and recommending him to be exempt from paying Public Taxes and doing Public duties. Granted.

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Mr. Kenan Presented a Certificate from the County Court of Duplin thereby certifying that John Rivenburgh of said County is is incapable of doing Public duties, and recommending him to be exempt therefrom Granted

Mr. Caswell Presented a Certificate from the County Court of Dobbs thereby certifying that George Butts is aged infirm and poor and recommending him to be exempt from paying Public Taxes and doing Public duties Granted

Mr. Ormond Presented a Certificate from the County Court of Beaufort thereby Certifying that James McKeel Junr is incapable of getting his living having lost his Right Hand, and recommending him to be exempt from doing Public duties Granted.

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


Thursday 9th February 1764 The House met according to Adjournment

Mr. Starkey moved that a Committee be appointed to meet such of the Members of His Majesty's Honble Council as they shall think proper to settle the Decorum to be observed between the Council and Assembly, and also the sums that shall be hereafter 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, And Mr. Speaker, Mr. Harnett, Mr. Starkey, Mr. Maurice Moore, and Mr. Harris are accordingly appointed.

Ordered teh following Message be sent to his Majestys Honble Council Vizt

Gentlemen of his Majestys 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 Honors and this House on Transacting the Business of this Province in the several Assembly's hereafter to be held, and also the Sums that shall hereafter be allowed on the Estimates for the Extra Service of the Clerks and the Clerks of the several Committees and other Clerks to be occasionally Imployed which after being concurred with by the Council and Assembly and entered on the Journal thereof shall be

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the rule for making out the Estimates for the future, in Conjunction with such of your Honors as you shall think proper to appoint

JOHN ASHE Sp.

Sent by Mr. James Moore and Mr. Simpson

On motion Ordered Mr. Berry be added to the Committee appointed to prepare the Militia Bill

It appearing to the House that Daniel Dupee Mace bearer to this House is very aged and infirm and thereby rendered Incapable of doing his duty in that office

Resolved that the said Daniel Dupee be discharged from the said office and that in consideration of his faithful service therein, it is further Resolved that he be exempt from paying Public Taxes and doing Public duties, and be also allowed and paid the sum of Ten Pounds per Annum during his natural Life by the Treasurers of this Province out of the Contingent fund, and allowed the said Treasurers on passing their Accounts with the Public

Ordered the following Message be sent to his Majestys Council Vizt

Gentlemen of his Majestys Council

This House finding that thro Age and other Infirmities Daniel Dupee Mace Bearer thereto is become incapable of longer performing the duties required by that office, therefore have thougt proper to discharge him therefrom, and in consideration of his being very aged, poor, helpless and unable to get a livelihood and also of his faithful service and good Behavior in his said Office Have Resolved that he be allowed Ten Pounds per annum to be paid him during his natural life out of the Contingent Fund by the Treasurers of this Province, and that the same be allowed them on Passing their Accounts with the Public, to which we desire your Honors Concurrence

JOHN ASHE Sp.

Sent by Colo Bell and Colo Bartram

Received the following Message from the Council Vizt

Mr. Speaker, and Gentlemen of the Assembly

In answer to your Message relative to the Committees we have appointed the Honble James Hasell, John Rutherford and Alexander McCulloh Esquires a Committee of this House to Examine state and settle the Public Accounts, And the Honble Lewis DeRossett

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and John Sampson Esquires a Committee of this House to settle and allow the Public Claims In the upper House Febry 8th 1764

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to adjournment.

The Clerk of the Crown presented Certificates of the return of the Writ for Electing two Representatives for Anson County, Pursuant to which Mr. Anthony Hutchins and Mr. John Crawford appeared and before John Sampson and Alexander McCulloh Esquires two of the Members of His Majesty's Honble Council took the Oath by Law appointed for their Qualification, Subscribed the Test and took their Seats in the House.

Two Members waited on his Excellency the Governor and Acquainted him the House desired to know when they [should] wait on him with the address thereof, and being returned, brought for Answer that his Excellency desired their Immediate Attendance

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber, and being returned Mr. Speaker acquainted the House that he had presented the Address thereof to his Excellency who was pleased to return an Answer thereto, a Copy of which to prevent mistakes he had Obtained Which is read, and Ordered to be Inserted in the Journal of this House, And is as follows

The Approbation you Express for my readiness in going to, and attending at the Indian Congress, and Congratulation upon my safe return gives me great satisfaction as well as the Zeal you Express for the real good of this Province

Mr. Gibson moved for leave to Present a Bill for altering the dividing Line betwixt the Counties of Bladen and Cumberland

Ordered he have leave Accordingly

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

Mr. Benton moved for leave to Present 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

Ordered he have leave accordingly

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Mr. Benton Presented the above mentioned Bill which he Read in his place and delivered in at the Table where the same was again Read by the Clerk, Passed, and Ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Gibson and Mr. Benton

Received from the Council the following Message (to wit)

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 and John Rutherford Esquires a Committee to confer with the Committee of your House on the Premises, and to Report

In the upper House February 9th 1764

Received from the Council the Message sent to them this day regarding the allowance of Ten Pounds p annum to Daniel Dupee late Mace bearer to the same

Endorsed in the Upper House Concurred Nem. Con. 9th February 1764

Then the House Adjourned till 10 oClock to morrow morning


Fryday 10th February 1764 The House met according to Adjournment

Mr. Howell presented a remonstrance from the County Court of Edgcomb shewing that the place where the [Court is] held for the said County is usually very inconvenient for the Inhabitants of said County to attend at to transact the Public Business of the said County And also a Petition from several of the Inhabitants of the said County to the like purpose Praying the Court for the said County may be held at Tarborough and that a Court House Prison and Stocks may Also be there Erected &ca Which was read

Mr. Howell moved for leave to Present a Bill pursuant to the Prayer of the said Petition

Ordered that he have leave, and that he present the same

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

Mr. Starkey from the Committee appointed to prepare a Bill Concerning Vestries Reported the Committee had prepared the same, which he read in his place.

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Ordered the same pass and be sent to the Council

Mr. Harnett moved for leave to Present a Bill to enable and Encourage William Dry Esquire to make a Public Road thro' the great Island opposite to the Borough of Wilmington.

Ordered he have leave accordingly

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

Sent the above three Bills to the Council by Mr. Leech and Mr. James Moore

Mr. Kenan moved for leave to bring in a Bill to impower the several County Courts in this Province to Order the laying out of Public Roads and Establish and Settle and to appoint where Bridges shall be built for the use and ease of the Inhabitants of this Province and other Purposes.

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

Mr. Starkey from the Committee of Privileges and Elections Reported that the said Committee had proceeded on the Examination of the Election of one of the Members for Craven County and came to several Resolutions which he laid before the House, the same were Read and approved of by the House.

Received from the Council the Bill concerning Vestries Endorsed 10th February 1764 In the upper House, Read the first time and Passed

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


Saturday 11th February 1764 The House met according to Adjournment.

Mr. Starkey moved for leave to Present a Bill for encouraging the Culture of Hemp and Flax

Ordered he have leave accordingly

Mr. Starkey Presented the said Bill which he read in his place and delivered in at the Table where the same was again Read by the Clerk, passed, and Ordered to be sent to the Council

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

Ordered he have leave accordingly

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

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

Mr. Harnett presented the Petition of Hannah Dunbibbin setting forth that her late Husband Daniel Dunbibbin in his life time was at great Expence and Labour in making out an accurate survey and Map of the sea Coast of this Province (and so forth)

Praying this House would take the same into consideration and make such allowance for the same as shall be thought proper

Ordered the same lye for Consideration

Mr. Starkey acquainted the House that several Executions were issued at the suit of the Public against the Land belonging to the Estate of the late Mr. Jeremiah Vail, and served, and the said Lands in consequence thereof have been Exposed to Sale, but as in such cases the Sales must be for ready money, therefore little more than half the value were Bid for said Lands, and desired the House would take into Consideration whether it would not be more Eligible to direct that the said Lands be sold on Reasonable Credit with sufficient Security that thereby the amount of the sale of the said Lands may be greatly Increased and the Public receive the most part (if not all) the Debt due to [from] him

The House taking the same into Consideration Resolved that the Public Treasurer of the Southern District give directions to the several Sheriffs having the said Executions for levying the Debt due to the Public to sell the said Lands at six months Credit on sufficient Security

Received from the Council the Bill for Encouraging the Culture of Hemp and Flax Endorsed the 11th February 1764. In the upper House of Assembly, Read the first time and passed

Received from his Excellency the Governor the Two following Messages in Writing (and also the Papers therein Referred to) Vizt

Mr. Speaker and Gentlemen,

I herewith send you a letter dated the 27th of November 1762, which I received from Lord Egremont then his Majestys Principal Secretary of State for the American Appartment which I think proper to lay before you tho' it doth not affect the present Assembly, yet it shews his Majestys Resentment against the former Assembly for their undutiful behaviour in not raising Men or recruits so necessary then for the Public Service

This however will shew you for the future his Majestys sense of

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such neglect, then so necessary for securing the future peace, Safety and Prosperity of his American Provinces.

I therefore hope the House of Assembly will approve of my having advanced my own money for that Service which his Majesty has approved of and of my two draughts of £200 each, which I drew upon the Agent in England to reimburse the sums I laid out here for that Public Service.

ARTHUR DOBBS.

Febry 10th 1764.

Mr. Speaker and Gentlemen,

Having had lately a Copy of a Representation laid before his Majesty dated the 11th of November 1761, by the Lords Commissioners for Trade and Plantations relating to Grants made of Indian Lands which extends also to all the American Colonies as well as to New York and also against an Application for Granting Commissions to Judges Quamdiu se bene Gesserint in American Colonies, but only during Pleasure with their Reasons for the same, And also an Additional Instruction from his Majesty to me thereupon, I have thought proper to lay them before the House of Assembly for your future Consideration I have also sent you a Letter from the Lords Commissioners for Trade and Plantations dated the 17th of February 1762, directed to me in relation to the manner of appointing an Agent and disapprobation of making Lottery Bills for your Information and future Consideration

ARTHUR DOBBS.

February 10th 1764.

Ordered the Clerk take Copies of the Papers mentioned in the Two last above Messages and file the same among the Papers of this House

Received from the Council the Bill for assertaining a proper place for building thereat a Court House, Clerks Office, Prison and Stocks for the County of Edgcombe.

The Bill to encourage and Impower William Dry to make a Public Road through the great Island opposite to the Borough of Wilmington

The Bill for Confirming the Charter of the Borough of Wilmington and other purposes, and

The Bill for altering the dividing Line between the Counties of Bladen and Cumberland Endorsed the 11th February 1764. In the upper House of Assembly, Read the first time and Passed.

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And the 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 Johns Parish into a Seperate and Distinct County and other purposes Endorsed 10th February. 1764. In the upper House of Assembly, Read the first time amended and Passed

Mr. Williams moved for leave to absent himself from the Service of the House till Monday seve'night next

Ordered he have leave accordingly

Mr. Kenan moved for leave to absent himself from the Service of the House till Thursday next

Ordered he have leave accordingly

Then the House Adjourned till Monday 12 oClock


Monday 13th February 1764 The House met according to Adjournment

The Clerk of the Crown presented to the House a Certificate of the Return of the Writ for Electing Representatives for Chowan County thereby Certifying that Francis Corbin, Thomas Jones, James Blount, Lemuel Benbury and James Bond were duly Elected Representatives for said County to sit and vote in this present Assembly

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council.

Executions having Issued on Judgments obtained by the Public against the Real and Personal Estate of the late Mr. Jeremiah Vail, and the Personal Estate after being sold not amounting to near the Value of the said Debt due to the Public, 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 and six months Credit On Bond with good Security given it would greatly Enhance the price thereof, whereby the Public may Receive the full Ballance of the said Debt.

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 Honrs Concurrence thereto

JOHN ASHE Sp

Sent by Mr. Howe and Mr. James Moore

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Mr. Leech from the Committee appointed to prepare a Bill for appointing a Militia Reported that the Committee had prepared the same, which was Read, Passed and Ordered to be sent to the Council

Sent by Mr. Howe and Mr. James Moore.

Mr. Montfort moved for leave to Present a Bill for Erecting in the Town of Halifax a Public Goal and Goalers House for the District of Halifax in this Province.

Ordered he have leave accordingly

Mr. Montfort presented the above mentioned Bill which he read in his place and delivered in at the Table where the same was again Read by the Clerk Passed and Ordered to be sent to the Council

Sent by Mr. Montfort and Mr. Benton

Mr. Caswell Presented the Petition of Sundry Inhabitants of Dobbs County, Praying an Act may pass for removing the Seat of the Inferior Court of the said County from Walnut Creek to Kingston &ca which was Read,

On motion Ordered Mr. Caswell prepare and bring in a Bill pursuant to the Prayer of the said Petition, and also to annex part of Craven County to Dobbs County

Pursuant to Order Mr. Caswell brought in the above mentioned Bill which he Read in his place and delivered in at the Table where the same was again Read by the Clerk Passed ordered to be sent to the Council

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

Then the House adjourned till 10 oCclock tomorrow morning


Tuesday 14th February 1764. The House met according to Adjournment

On motion Ordered the Bill Erecting part of New Hanover County into a County by the name of County &c, And for Erecting part of Granville County into a County by the name of County &c, be read the Second time.

Read the same a second time amended Passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Maurice Moore and Mr. Harris.

Received from the Council 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 from Walnut Creek to Kingston &ca. And the Bill for appointing a militia Endorsed 13th February 1764. In the upper House, Read the first time and passed, and

-------------------- page 1164 --------------------

The Bill for Erecting in the Town of Halifax a Public Goal &c Endorsed 14th February 1764. In the upper House of Assembly Read the first time and Passed

Two of the members of His Majesty's Honble Council came to the House and Mr. Francis Corbin and Mr. James Bond two of the members for Chowan County, Mr. Thomas Taylor Junr one of the members for Pasquotank County and Mr. Andrew Knox one of the members for Perquimons County appeared took the Oaths by Law Appointed for their Qualification subscribed the Test and took their Seats in the House.

Mr. Harnett acquainted the House that Mr. Dry is desirous that the House would appoint a Committee thereof to view Fort Johnston and Examine whether the same be finished according to the agreement made with him for that purpose, in Conjunction with such of His Majestys Council as they shall think fit to appoint, and make Report thereof to the House, And Mr. Speaker, Mr. Corbin, Mr. Montfort, Mr. Caswell, Mr. Harnett, Mr. Harris and Mr. Starkey are accordingly Appointed.

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

Gentlemen of His Majestys Honble Council,

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

JOHN ASHE, Speaker

Febuary 14th 1764

Mr. Simpson moved for leave to Present a Bill directing the Boundary line between the Counties of Dobbs and Pitt and appointing Commissioners to see the same done.

Ordered he have leave accordingly.

Mr. Simpson presented the above mentioned Bill which he Read in his place and delivered in at the Table where the same was again Read by the Clerk Passed and ordered to be sent to the Council.

-------------------- page 1165 --------------------

Sent the same to the Council by Mr. Simpson and Mr. Bryan.

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment.

Mr. Harnett moved for leave to Present a Bill for appointing a Treasurer for the Northern District in the Room of Thomas Barker Esquire. Ordered he have leave accordingly.

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

On motion Ordered the Bill for Altering the dividing Line between the Counties of Bladen and Cumberland be read the second time. Read the same a second time, amended, Passed and Ordered to be sent to the Council.

On motion Ordered the Bill for Erecting in the Town of Halifax a Goal &ca be read the second time. Read the same a second time, Amended, Passed and Ordered to be sent to the Council.

On motion Ordered the Bill for ascertaining a place to Build thereat a Court House Prison and Stocks in Edgcombe County be read the Second time Read the same a second time, amended passed and Ordered to be sent to the Council

Sent the above four Bills to the Council by Mr. Howell and Mr. Gibson.

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


Wednesday 15th February 1764. The House met according to Adjournment.

Mr. Starkey moved for leave to bring in a Bill to Supply the Treasury by laying an Additional Duty on Wine and Distilled Liquors Imported into this Province, And also A Bill to Revive and Continue an Act Intitled an Act to make Provision for Paying the Chief Justice and Attorney General's Salaries and defraying the Contingent Charges of Government

Ordered he have leave accordingly

Mr. Starkey presented the Two above mentioned Bills which he read in his place and delivered in at the Table where the same were again Read by the Clerk Passed and Ordered to be sent to the Council.

Mr. Leech from the Committee appointed to prepare a Bill to Regulate the Inspection of the several Commodities therein mentioned, Reported the Committee had prepared the same which he read in his place and delivered in at the Table where the same was

-------------------- page 1166 --------------------
again read by the Clerk, passed and Ordered to be sent to the Council.

Received from the Council the Bill for Altering the dividing Line between the Counties of Bladen and Cumberland. Endorsed 15th February, 1764 In the upper House of Assembly, Read the second time and passed

And the Bill for appointing a Treasurer for the Northern District in the Room of Thomas Barker Esquire Endorsed 15th February 1764 In the Assembly read the first time and passed

And also the following message Vizt

Mr. Speaker and 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 to the Treasurer of the Southern District and 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 Land may be enhanced for the benefit of the Public, and of the Defendant in the suit and the Sheriffs to return the Bonds so taken to the said Treasurer—15th February 1764.

On Motion Ordered the Bill concerning Vestries be read the second time—Read the same a second time amended Passed and Ordered to be sent to the Council.

Sent the same four Bills by Mr. Caswell and Mr. Cray.

Resolved an Address be Presented to His Excellency the Governor in Conjunction with His Majestys Council agreeable to a Resolve of this House and Message to the Council regarding the sale of the Lands of the late Jeremiah Vail, for his Excellencys Concurrence

Mr. Howe acquainted the House that Daniel Dupee late Mace bearer to the House is dead, and moved that the House would direct the Treasurer of the Southern District to Pay unto Benjamin Fordham the present Mace bearer Ten Pounds being a Years Allowance intended for the said Daniel Dupee, thereby to enable him to Pay the Funeral Charges of the said Daniel Dupee, and that the Surpluss of the said Ten Pounds after the said Charges are satisfied he pay or cause to be paid to the Widow of the said Daniel Dupee.

Resolved the following Message be sent to the Council, Vizt

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Gentn of His Majesty's 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 the sum of Ten Pounds p. 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 Expences of the said Daniel Dupee and after the said Charges are satisfied he pay or cause to be paid the surpluss to the Widow of the said Deceased, And desire your Honours Concurrence thereto.

JOHN ASHE Sp.

15th February 1764

Mr. Starkey from the Committee of Correspondence laid before the House several Papers and Letters from the Agent to this Province residing in London and Copy of the Minutes of Proceedings of the Lords Commissioners for Trade and Plantations, and also a Copy of a Letter from the said Committee to the said Agent. Ordered the same lye for Consideration to morrow.

On motion Ordered the Bill for annexing part of Craven County to Dobbs County be read the second time. Read the same a second time. Amended, Passed and Ordered to be sent to the Council

Sent the above mentioned Vestry Bill and Message to the Council by Mr. Caswell and Mr. Cray.

Then the House adjourned till 9 oClock tomorrow morning


Thursday 16th February 1764 The House met according to Adjournment

The Order of the day being read the House took into Consideration the several Papers and Letters laid before the House by Mr. Starkey from the Committee of Correspondence, as follows, (to wit) A Copy of a Letter from the Committee of Correspondence dated February 3d 1763 To the Agent of this Province, and also several Letters from the said Agent to the said Committee together with a Copy of the Minutes of the Proceedings of the Lords Commissioners of Trade and Plantations relative to some extraordinary Claims and Pretensions of the lower House of Assembly, And also a Memorial of the Agents for the Provinces of Virginia and South Carolina To

-------------------- page 1168 --------------------
the Right Honble Lords Commissioners for Trade and Plantations relating to the Importation of Salt to America All which were Read

Ordered the same be sent to His Majesty's Honble Council.

Two of the Members of his Majestys Council came to the House and Mr. Abner Nash, Representative for Halifax, Mr. Francis Nash one of the Members for Orange County, And Mr. Aquilla Sugg one of the Members for Edgcombe County Appeared took the Oaths by Law appointed for their qualification Subscribed the Test and took their Seats in the House.

On motion the Bill for Appointing a Militia be read the second time Read the same a second time Amended Passed and Ordered to be sent to the Council

Sent the above Bill to the Council by Mr. Leech and Mr. Caswell.

Received from the Council The Bill directing the Boundary line between the Counties of Dobbs and Pitt &c. Endorsed 15th February 1764. In the upper House of Assembly read the first time and passed

The Bill to Revive and Continue an Act Intituled an Act to make Provision for Paying the Chief Justice and Attorney General's Salaries &c.

The Bill to supply the Treasury by laying an Additional Duty on Wine and Distilled Liquors &c.

And The Bill to Regulate the Inspection of the several Commodities therein mentioned. Endorsed 16th February 1764. In the upper House of Assembly read the first time and passed

And also the message to the Council yesterday regarding the Interment of Daniel Dupee late Mace bearer to this House Endorsed 16th February 1764 In the Upper House Concurred with

JAS MURRAY President

On motion Ordered the Bill for appointing a Treasurer for the Northern District in the Room of Thomas Barker Esquire be read the second time Read the same a second time, Amended Passed and Ordered to be sent to the Council

Sent the above Bill to the Council by Mr. Leech and Mr. Caswell

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to Adjournment.

On motion Ordered the Bill to supply the Treasury by laying an Additional Duty on Wine and Distilled Liquors, be read the second

-------------------- page 1169 --------------------
time, Read the same a second time Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill to encourage the Culture of Hemp and Flax, be read the second time, Read the same a second time, amended passed and Ordered to be sent to the Council

On motion Ordered the Bill to Revive and Continue an Act Intituled an Act to make Provision for Paying the Chief Justice and Attorney Generals Salary &ca be read the second time, Read the same a second time, amended passed and Ordered to be sent to the Council

On motion Ordered the Bill directing the Boundary line between the Counties of Dobbs and Pitt &ca be read the second time. Read the same a second time, amended passed and Ordered to be sent to the Council

Sent the above four Bills to the Council by Mr. Leech and Mr. Caswell.

Mr. Abner Nash moved for leave to Present a Bill to amend and explain and continue an Act for dividing the Province into five several Districts &ca

Ordered he have leave accordingly.

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

Mr. Abner Nash moved for leave to Present a Bill to amend an Act Intitled 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 to prevent Disputes and Law suits Concerning Lands.

Ordered he have leave accordingly.

Mr. Nash Presented the above mentioned Bill which he read in his Place and delivered in at the Table where the same was again read by the Clerk, Passed and Ordered to be sent to the Council.

Sent the above two Bills to the Council by Mr. Nash and Mr. Maurice Moore.

Mr. Hutchins moved for leave to Present a Bill to Impower the Commissioners therein mentioned to lay out and make a Road from Mecklenburg to Cumberland County.

Ordered he have leave accordingly.

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

-------------------- page 1170 --------------------

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

Then the House adjourned till 9 oClock tomorrow morning.


Friday 17th February 1764. The House met according to Adjournment.

Mr. Mackelwean moved for leave to absent himself from the Service of the House till Monday next. Ordered he have leave accordingly.

Mr. Bryan, Mr. Hardy and Mr. Lloyd moved for leave to absent themselves from the service of the House. Ordered Mr. Bryan have leave accordingly, and Mr. Hardy and Mr. Lloyd have leave to absent themselves tomorrow.

Mr. Kenan according to order Presented a Bill to Impower the several County Courts in this Province to order the laying out of Public Roads and Establish and settle Ferries and to appoint where Bridges shall be built for the use and ease of the Inhabitants, which he read in his place and delivered in at the Table where the same was again Read by the Clerk, Passed and Ordered to be sent to the Council

Mr. Caswell presented the Petition of James Davis Printer setting forth that the Laws for appointing the said James Davis Printer to this Province are Expired (and so forth)

Praying a Law may Pass for encouraging him to carry on his said Business as Printer to this Province, which was Read and then on motion Ordered Mr. Caswell prepare and bring in a Bill pursuant to the Prayer of the said Petition

Mr. Caswell Presented a Bill for further Continuing James Davis Printer to this Province which he read in his place and delivered in at the Table where the same was again Read by the Clerk Passed and Ordered to be sent to the Council

Mr. Hutchins moved for leave to present a Bill for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court to Repair the Public Goal thereof and other purposes.

Ordered he have leave accordingly.

Mr. Hutchins presented the above mentioned Bill which he read in his place and delivered in at the table where the same was again Read by the Clerk and Ordered to be sent to the Council

On motion Ordered the Bill for confirming the Charter of the Borough of Wilmington and other purposes, be read.

Read the same, and then on motion resolved the House Resolve

-------------------- page 1171 --------------------
into a Committee of the whole House to consider and debate on the Subject matter of the said Bill.

The House Resolved into a Committee of the whole House and chose Mr. Francis Corbin Chairman, who accordingly took the Chair, after some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had taken the said Bill into Consideration and agreed to several Amendments but not having time to Reduce them into Form desired leave to sit again tomorrow.

Resolved the said Committee sit again tomorrow.

On motion Ordered the Bill for running the dividing line between the Counties of Bladen and Cumberland be read the third time Read the same a Third time amended, Passed and Ordered to be sent to the Council

Sent the above four Bills to the Council by Mr. James Moore and Mr. Howe

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Mr. Taylor moved for leave to Present a Bill for destroying Vermin in this Province

Ordered he have leave accordingly

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

On motion Ordered the Bill for Regulating the Inspection of the several Commodities therein mentioned be read the second time, Read the same a second time, amended Passed and ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Taylor and Mr. Ormond.

Received from the Council the following Bills, Vizt

The Bill concerning Vestries

The Bill for Erecting in the Town of Halifax a Public Goal Goalers House & ca Endorsed 17th February, In the upper House of Assembly, Read the second time amended and Passed

The Bill directing the Boundary line between the Counties of Dobbs and Pitt &ca

The Bill for ascertaining a proper place for building thereat a Court House Clerks Office &ca in Edgcombe County Endorsed 17th

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February 1764, In the upper House of Assembly Read the second time and Passed,

The Bill to amend, explain and Continue an Act Intituled an Act for dividing this Province into five several Districts &ca

The Bill to amend an Act Intitled 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 &ca Endorsed 17th February 1764 In the upper House of Assembly, Read the first time and Passed

The Bill for laying a Tax on the Inhabitants of the several Counties of the District of Salisbury Superior Court to Repair the Public Goal thereof And

The Bill to Impower the several County Courts in this Province to Order the laying out of Public Roads and Establish and settle Ferries &c Endorsed 17th February 1764 In the upper House of Assembly, Read the first time amended and Passed

Then the House Adjourned till 9 oClock tomorrow morning.


Saturday 18th February 1764 The House met according to Adjournment

Mr. Montfort moved for leave till Monday next to prepare and bring in a Bill for the more effectual Detecting and Punishing the utterers of Counterfeit Bill Money, Robbers and other Felons.

Ordered he have leave accordingly

Mr. Starkey moved for leave to present 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.

Ordered he have leave accordingly

Mr. Starkey Presented the above mentioned Bill which he read in his place and delivered in at the Table where the same was again Read by the Clerk, Passed and Ordered to be sent to the Council

Mr. Starkey moved for leave to bring in a Bill to Continue Couchet Jouvencal Esqr Agent for this Province

Ordered he have leave accordingly

Mr. Starkey Presented the above mentioned Bill which he read in his Place and delivered in at the Table where the same was again Read by the Clerk, Passed and Ordered to be sent to the Council

Mr. Corbin moved for leave to bring in a Bill to Continue an Act Intituled an Act to amend and further continue an Act Intituled an

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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

Ordered he have leave accordingly

Mr. Corbin Presented the above mentioned Bill which he read in his place and delivered in at the Table where the same was again Read by the Clerk, Passed and Ordered to be sent to the Council

On motion Ordered the Bill to Impower the several County Courts in this Province to order the laying out of Public Roads and Establish and Settle Ferries &ca be read the second time, Read the same a second time amended Passed and Ordered to be sent to the Council

Sent the above four Bills to the Council by Mr. Kenan and Mr. Coale.

Mr. Benton moved for leave to Present a Bill for suppressing Excessive and Deceitful Gaming

Ordered he have leave accordingly

Mr. Leech moved for leave to Present a Bill for the Building a House for a School and the Residence of a school Master in the Town of New Bern

Ordered he have leave accordingly

Mr. Francis Nash moved for leave to Present 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

Ordered he have leave accordingly

Mr. Benton moved for leave to bring in a Bill for Regulating the Pilotage of Cape Fear River and other purposes

Ordered he have leave accordingly

The above Gentlemen Presented the last abovementioned four Bills

Ordered they be read on Monday next

Mr. Corbin Chairman of the Committee on the Bill for Confirming the Charter of the Borough of Wilmington &ca Reported that the amendments to the said Bill were not reduced into form, therefore moved for leave to sit on Monday

Then the House Adjourned till 3 oClock Monday Afternoon


Monday 20th February 1764. The House met according to Adjournment

The Clerk of the Crown presented a Certificate of the return of a Writ for Electing Representatives for the County of Hertford

-------------------- page 1174 --------------------
whereby it appears that Mr. Benjamin Wynns and Mr. Robert Sumner are Elected Representatives for the said County.

The Order of the day being Read,

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

The 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.

The Bill for Regulating the Pilotage of Cape Fear River and other purposes And

The Bill to prevent Excessive and Deceitful Gaming, Were Read Passed and Ordered to be sent to the Council

Sent the above four Bills to the Council by Mr. Leech and Mr. Francis Nash

Two of the Members of his Majesty's Council came to the House and Mr. Benjamin Wynns and Mr. Robert Sumner the two Members for Hertford County appeared took the Oaths by Law appointed for their Qualification, Subscribed the Test and took their Seats in the House.

Received from the Council,

The Bill for Destroying vermin in the several Counties within this Province

The Bill to Continue Couchet Jouvencal Esquire Agent for this Province

The Bill to Continue an Act Intituled an Act to amend and Continue an Act Intitled an Act for facilitating the Navigation of Port Bath Port Roanoak and Port Beaufort &ca

The 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. Endorsed 18th February 1764 In the upper House of Assembly, Read the first time and Passed

Received from the Council

The Bill to Continue an Act Intituled an Act to make Provision for paying the Chief Justices and Attorney Generals Salarys &c—And—

The Bill for apointing a Treasurer for the Northern District in the Room of Thomas Barker Esquire—Endorsed 20th February 1764 In the upper House of Assembly Read the second time amended and Passed

Mr. Caswell acquainted the House that pursuant to Order he had prepared a Bill to Regulate Elections of Members to serve in the

-------------------- page 1175 --------------------
Assembly of this Province which he presented—Read the same in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council

Mr. Caswell moved for leave to Present 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

Ordered he have leave accordingly

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

Mr. Maurice Moore moved for leave to present a Bill for defraying the Expence of the Members of His Majesty's Honble Council and the Members of the Assembly of this Province in their Travelling to from and attending the Assemblies and to Compell their Attendance

Ordered he have leave accordingly

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

The Order of the day being read Mr. Chairman acquainted the House that the Amendments proposed by the Committee to the Bill for Confirming the Charter of the Borough of Wilmington were not yet reduced into form; therefore desired leave to sit again to morrow

Resolved the said Committee sit again to morrow.

On motion Ordered the Bill for Directing the dividing line between the Counties of Dobbs and Pitt be read the third time. Read the same a Third time, amended passed and Ordered to be sent to the Council

On motion Ordered the Bill for ascertaining a proper place for Building thereat a Court House Prison and Stocks &ca for the County of Edgcombe be read the third time. Read the same a third time passed and Ordered to be sent to the Council

Mr. Montfort pursuant to Order presented a Bill for the more Effectual detecting and Punishing the utterers of Counterfeit Bill Money, Robbers and other Felons, which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and Ordered to be sent to the Council

Sent the above six Bills to the Council by Mr. Leech and Mr. Francis Nash

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

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Tuesday 21st February 1764 The House met according to adjournment

On motion Ordered the Bill concerning Vestries be read the Third time Read the same a third time, amended Passed and Ordered to be sent to the Council

Sent to the Council by Mr. Hardison and Mr. Macklewean

On motion Ordered the Bill for Erecting in the Town of Halifax a Public Goal and Goalers House &ca be read the third time, Read the same a Third time amended, Passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Hardison and Mr. Macklewean

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

The Order of the day being Read the House Resolved into a Committee of the whole House and Mr. Chairman took the Chair, after some time spent therein Mr. Speaker Resumed the Chair

Mr. Chairman Reported that the amendments proposed to the Bill for confirming the Charter of the Borough of Wilmington and other purposes were reduced into form, which he laid before the House, the same were Read approved of and Inserted in the said Bill and read a second time and with the said Amendments Passed and Ordered to be sent to the Council

On motion Ordered the Bill for appointing a Public Treasurer for the Northern District of this Province be read the Third time Read the same a Third time amended passed and Ordered to be sent to the Council

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

Received from the Council the Bill to Regulate the Inspection of the several Commodities therein mentioned Endorsed 21st February 1764 In the upper House of Assembly Read the second time amended and passed

And The Bill to Regulate the Election of Members to serve in the Assembly of this Province Endorsed 21st February 1764 In the upper House of Assembly, Read the first time and passed

Mr. Maurice Moore acquainted the House that Capt Robert Ellis by Direction of His Excellency the Governor Transported from Cape Fear Several Spanish Prisoners to St Augustine and was thereby put to great Expence and Charge. Therefore moved that the said Robert

-------------------- page 1177 --------------------
Ellis be allowed and paid by the Public for such his Expence and Charges

Resolved that the said Robert Ellis be paid by the Public Treasurer the sum of Eighty Pounds to reimburse him for his said Expence and Charges and that the Treasurer be allowed the said sum in Passing his Accounts with the Public.

Resolved the following message be sent to the Council Vizt

Gentlemen of his Majesty's Honble Council

It having been made appear to this House that Captain Robert Ellis by Order of his Excelcy the Governor Transported several Spanish Prisoners towards the latter End of the last War from hence to St Augustine and that he desired 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 said sum of Eighty Pounds by the Public Treasurer of this Province for such his Expence and Charges and that the Treasurers be allowed the same in passing their Accounts with the Public to which desire your Honors Concurrence.

JOHN ASHE, Speaker.

21st February 1764

Sent by Mr. Harnett and Mr. Taylor.

Received from the Council, the Bill for defraying the Expence of the members of his Majestys Honble Council, And the members of the General Assembly of this Province in their Travelling to from and attending at the Assemblies, And to compel their attendance.

The Bill for the more effectual detecting and Punishing the makers and utterers of Counterfeit Bill Money, Robbers and other Felons; And

The Bill for the Building a House for a school and the Residence of a school master in the Town of New Bern. Endorsed 21st February 1764. In the upper House of Assembly, Read the first time and passed.

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday 22d February 1764. The House met according to adjournment.

On motion ordered the Bill to Regulate the Inspection of the several Commodities therein mentioned be read the third time. Read

-------------------- page 1178 --------------------
the same a third time, amended, Passed and ordered to be sent to the Council.

Sent to the Council by Mr. James Moore & Mr. Kenan

Received from the Council

The Bill for Regulating the Pilotage of Cape Fear River

The Bill to Impower the Sheriff of the County of Orange to Collect and Apply the Arrears of Taxes &ca

The Bill for suppressing Excessive and Deceitful Gaming

The Bill for Establishing a Town on the Lands of Benjamin Wynns at a place called Barfields Landing &ca

Endorsed 21st February 1764. In the upper House of Assembly Read the first time and passed

The Bill for appointing a Militia. Endorsed 22d February 1764. In the upper House of Assembly Read the second time amended and Passed

The Bill for annexing part of Craven County to Dobbs County and for Removing the seat of the Court of the said County &c

And also the Bill to Impower the Inferior Courts of the Several Counties in this Province to Order the laying out of Public Roads &c Endorsed 22d February 1764 In the upper House of Assembly Read the second time and Passed

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council

The 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 &ca Endorsed 22d February 1764 In the upper House of Assembly Read the second time amended and passed

Resolved that Colonel Hugh Waddell be allowed the sum of £342.5, in full for all his services rendered this Province during the late War

Resolved that Lewis Henry De Rossett Esquire be paid by the Public Treasurer of the Southern District the sum of Fifty Pounds which Captain William Walker borrowed of him for the use and service of the Garrison of Fort Granville, and that the said Treasurer Discount the same out of a Claim due to the said Walker by the Public

Then the House Adjourned till 10 oClock tomorrow Morning.

-------------------- page 1179 --------------------

Thursday 23d February 1764 The House met according to adjournment

On Motion Ordered the Bill for appointing a Militia be read the third time, Read the same a Third time amended Passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Maurice Moore and Mr. Kenan.

Received from the Council

The Bill for Erecting in the Town of Halifax a Public Goal and Goalers House in this Province, Endorsed 23d February 1764 In the upper House of Assembly, Read the Third time and Passed

Ordered to be Engrossed.

And the Bill for Confirming the Charter of the Borough of Wilmington and other purposes—Endorsed 23d February 1764 In the upper House of Assembly read the second time amended and passed.

And also, The Message sent from this House to His Majestys Council on Monday last regarding the Payment of Eighty Pounds to Captain Robert Ellis Endorsed 23d February 1764—In the upper House of Assembly—Concurred with

JAS. MURRAY President.

On Motion Ordered the Bill to Amend Explain and Continue an Act Intituled An Act for dividing this Province into five several Districts &ca be read the second time Read the same a second time, Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill for Erecting part ot St Philips Parish in New Hanover County into a County by the name of Brunswick County and for Erecting part of Granville County into a County by the name of Bute County be read the third Time, Read the same a Third time Amended, Passed and Ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Maurice Moore and Mr. Kenan

Then the House adjourned till 10 oClock tomorrow Morning


Friday the 24th February 1764 The House met according to Adjournment

Received from the Council the following Message Vizt

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,

-------------------- page 1180 --------------------
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 Amendment if you agree, please to send two of your Members, to see the same made.

Which was read, and Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council

In answer to your message relative to the alterations you propose 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 Pages Consistent, and that of Granting an Appeal to prevent the Harrassment of the Poor people you therein mention we agree thereto And on Notification of your Concurrence herewith We will send two of your members of this House to see such Alterations made


24th February 1764.
JOHN ASHE, Sp.
-------------------- page 1181 --------------------

Mr. Harnett presented the Petition of William Dry setting forth he was Security for William Walker in the year 1758, at which time the said William Walker was appointed Sheriff of New Hanover County, that after said Walker was superseded and on settling his Accounts as Sheriff fell largely in Debt to the Public, since which the Public obtained a Judgment against him as Security for said Walker.

That some time after said Walker was appointed to the Command of Fort Granville, and on settling his Accounts as Commander of the said Fort the Public was in debt to him £483.3.4 Currency, for Pay and Provisions he had given and procured for the men in Service of the said Fort, and Obtained a Warrant from his Excellency the Governor for the above Sum, and the said Walker assigned the said Order to him in part Discharge of what was due to him, that the Treasurer since the Obtaining of the said Warrant has paid £150 part thereof. Praying this Assembly would allow the Ballance due on said Warrant to go in Discharge of the above mentioned Judgment which was Read, and Resolved that the Ballance of the said Order, to wit £333.3.4 be allowed and Discounted Accordingly out of the above mentioned Judgment against William Dry as Security of said Walker

Received from the Council the Bill for encouraging the Culture of Hemp and Flax. Endorsed 24th February 1764. In the upper House of Assembly, Read the second time amended and passed

Resolved the following Message be sent to the Council Vizt

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 £483.3.4 after Deducting One hundred and fifty Pounds part of the sum in the said Warrant mentioned paid by the Treasurers to the said Walker and the Honble Lewis Henry De Rossett, be allowed to William Dry, and applyed towards discharging the Judgment against him in favour of the Public as Security for the said William Walker, And have also Resolved that Colonel Hugh Waddell be allowed Three Hundred and forty two pounds five shillings in full for all his Services rendered this Province during the late war. To which two Resolves desire your Honors Concurrence

JOHN ASHE Sp.

24th February 1764.
-------------------- page 1182 --------------------

On motion Ordered the Bill to Continue an Act Intituled an Act to make Provision for Paying the Chief Justice and Attorney Generals Salary &c be read the Third time.

Read the same a Third time, Passed and Ordered to be sent to the Council

On motion Ordered the Bill to Impower the Inferior Courts of the several Counties in this Province to Order the laying out of Public Roads and Establish and settle Ferries &c be read the third time. Read the same a Third time, Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill for annexing part of Craven County to Dobbs County and for removing the seat of the Court of the said County of Dobbs &ca be read the third time. Read the same a Third time, Passed and Ordered to be sent to the Council

Sent the above three Bills to the Council by Mr. Caswell and Mr. Mackilwean

On motion Ordered the Bill for confirming and Enlarging the Limits of the Borough of Wilmington be read the third time, Read the same a Third time and on motion Rejected

Then the House Adjourned till 9 oClock tomorrow morning


Saturday 25th February 1764 The House met according to Adjournment

On motion Ordered the Bill for Building a House for a School and the Residence of a School Master in the Town of New Bern be read the second time Read the same a second time Passed and Ordered to be sent to the Council

On motion Ordered the Bill for laying a Tax on the Several Counties in the District of Salisbury Superior Court to Repair the Public Goal thereof &ca be read the second time, Read the same a Second time amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill for Destroying Vermin in the Several Counties within this Province be read the second time Read the same a second time, Amended Passed and Ordered to be sent to the Council

Sent the above Three Bills to the Council by Mr. Starkey and Mr. Benton

Mr. Starkey from the Committee appointed to view Fort Johnston Reported that the Committee had, the 18th Instant Carefully Examined and viewed the said Fort and find as follows, Vizt The House and Buildings within the said Fort in good order

-------------------- page 1183 --------------------

Mr. Starkey from the Committee of Privileges and Elections Reported that the Committee had taken again under their Consideration the Petition of Jacob Blount and came to several Resolutions thereon, which he read in his place

The House after Consideration thereof Resolved they do not Concurr with the said Report, Then on motion Resolved that the Consideration of the said Petition lye over till next Session of Assembly and that on Application of the said Jacob Blount the Petitioner and Mr. Thomas Clifford Howe the sitting Member or either of them Mr. Speaker Issue his Warrant to bring before the Assembly at the next Session thereof all such Persons Papers and Records as they the said Jacob Blount and Mr. Howe or either of them shall require

Resolved that his Excellency be Addressed to direct that the Kings Stores be removed from Wilmington down to the Fort now fitted to Receive them

On motion Resolved that as soon as Colonel William Dry shall have finished the Outside of the ditch and put a floor to the Magazine and a lock and barr to the door thereof together with a Door to the Sallie Port and Obtained a Certificate thereof from the Commanding Officer of Fort Johnston the said William Dry shall be from thenceforth discharged from his Contract for finishing the said Fort

On motion Ordered the Bill for Encouraging the Culture of Hemp and Flax, be read the Third time, Read the same a Third time Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill to prevent Excessive and Deceitful Gaming be read the second time Read the same a second time, Amended Passed and Ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Starkey and Mr. Benton

Received from the Council, the following two Messages Vizt

Mr. Speaker and 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


25th February 1764

Mr. Speaker and Gentlemen of the Assembly,

On Reading a Third time the Bill to Impower the Inferior Courts to Order the laying out Public Roads &ca A Necessary amendment

-------------------- page 1184 --------------------
made in your House on the Third Reading Obliging Overseers to put up Posts with Arms and Pointers at the Cross Roads, puts us in mind of another Clause of the same Import, Vizt 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 and send two of your Members to see the same Inserted in its proper place


25th February 1764

Resolved the following message be sent to his Majestys Council Vizt

Gentlemen of His Majesty's Honble Council,

In answer to your message wherein you say you concurr 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 Public Roads &ca wherein you mention a Clause necessary to be inserted in that Bill. We have considered the Clause, made some amendments thereto, and herewith send Mr. Starkey and Mr. Benton to see the amendments Inserted accordingly.

On motion Ordered the Bill for defraying the Expence of the members of his Majestys Council and the members of the Assembly be read. Read the same, and then on motion Resolved the House Resolve into a Committee of the whole House to consider and debate on the Subject Matter of the said Bill.

The House Resolved into a Committee of the whole House and appointed Mr. Joseph Bell Chairman, who took the Chair, And after some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman Reported the Committee had taken the above mentioned Bill into consideration and came to several resolutions thereon, but not having time to reduce them into form desired leave to sit again on Monday. Resolved the Committee sit again on Monday next.

Then the House Adjourned till 10 oClock Monday morning.


Monday 27th February 1764. The House met according to Adjournment.

The order of the day being read the House Resolved into a Committee of the whole House and Mr. Chairman took the Chair, After some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had reduced the several

-------------------- page 1185 --------------------
amendments proposed by the Committee to the Bill for defraying the Expense of the members of his Majestys Honble Council and the members of Assembly &ca into form, which were read and agreed to by the House and Ordered to be inserted in the said Bill. The same are inserted accordingly, And on motion the said Bill was read the second time with the amendments Passed and Ordered to be sent to the Council.

On motion Ordered the Bill to Impower the Treasurers of this Province to draw for the money Granted to this Province by Parliament &c be Read the second time Read the same a second time, Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill to continue Couchet Jouvencal Esquire Agent for this Province, be read a second time. Read the same a second time, Amended Passed and Ordered to be sent to the Council

Sent the above three Bills to the Council by Mr. Maurice Moore and Mr. Montfort

Received from the Council the Bill concerning Vestries. And the Bill to Impower the Courts of the several Counties in this Province to Order the laying out of Public Roads and Establish and Settle Ferries &c Endorsed 27th February 1764. In the upper House of Assembly, Read the third time amended and passed. Ordered to be Engrossed

On motion Ordered the Bill for Regulating the Pilotage of Cape Fear River and for other purposes be read the second time. Read the same a second time amended passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Maurice Moore and Mr. Montfort

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment

On motion Ordered the Bill for Establishing a Town on the Lands of Benjamin Wynns at a place called Barfield's Landing in Hertford County be read the second time. Read the same a second time amended passed and ordered to be sent to the Council

On motion Ordered the 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 Roanoke and Port Beaufort &c. be read the second time. Read the same a second time passed and Ordered to be sent to the Council

On motion Ordered the Bill to Impower the Sheriff of Orange

-------------------- page 1186 --------------------
County to Collect and Apply the Arrears of Taxes due for the several years therein mentioned be read the second time. Read the same a second time amended passed and Ordered to be sent to the Council

On motion Ordered the 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 &ca be read the second time Read the same a second time amended passed and Ordered to be sent to the Council

On motion Ordered the Bill to Regulate Elections of Members to serve in the Assembly of the Province be read. Read the same.

Then on motion Resolved the House Resolve into a Committee of the whole House to Consider and Debate on the Subject matter of the said Bill and unanimously chose Mr. Maurice Moore Chairman who took the Chair accordingly.

After some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee had taken the said Bill into Consideration and agreed to several Amendments, which were read, agreed to by the House and Ordered to be Inserted in the said Bill. The same are Inserted accordingly

And on motion the said Bill was Read a second time with the said amendments Passed and Ordered to be sent to the Council

Sent the above five Bills to the Council by Mr. Caswell and Mr. Benton

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


Tuesday 28th February 1764 The House met according to Adjournment

Received from the Council The Bill for Regulating the Pilotage of Cape Fear River, and the Bill for destroying Vermin in the several Counties within this Province Endorsed 27th February 1764. In the upper House of Assembly read the second time amended and passed

And also, the Bill for Encouraging the Culture of Hemp and Flax and other purposes Endorsed 27th February 1764 In the upper House of Assembly read the third time and passed—Ordered to be engrossed.

Mr. Gibson acquainted the House that William Crane together with six others, went on a party in the Back Country in order to apprehend several Rogues and vagabonds whoare Confederated together and Infest the Frontier and other Counties, committing several outrages

-------------------- page 1187 --------------------
and Murders therein. In consequence whereof the said William Crane with his Party took John Pyburne one of the Confederates, and hath delivered him to the Keeper of His Majesty's Goal in Wilmington, And that several of the said William Cranes Party are now out in Quest of the other Confederated Rogues, All which having been made appear to the House It is therefore Resolved that the said William Crane have and Receive from the Public Treasurers the sum of Fifty Pounds out of the Contingent Fund for the use of himself and his party, And that the said sum be allowed the said Treasurers on Passing their Accounts with the Public,

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

Gentlemen of His Majesty's Honble Council,

This House having received sufficient Testimony that William Crane together 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 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 Public Treasurers out of the Contingent Fund, And that the said Treasurers be allowed the same on passing their Accounts with the Public, to which desire your Honors Concurrence.

JOHN ASHE, Spr

28th February 1764.

On Motion Ordered the Bill for Regulating the Pilotage of Cape Fear River be read the third Time, Read the same a Third time, Amended Passed and Ordered to be sent to the Council

On Motion Ordered the Bill for destroying Vermin in the several Counties within this Province be read the third time—Read the same a Third time amended Passed and Ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Knox and Mr. Wynns.

The House took under consideration the Petition of Hannah Dunbibbin which was presented to this House on Saturday the 11th Instant, and Resolved that the Sum of Fifty Pounds he paid by the Public Treasurers out of the Contingent Fund to the said Hannah Dunbibbin as a Gratuity to the said Hannah for the services rendered

-------------------- page 1188 --------------------
this Province by her deceased Husband Daniel Dunbibbin in surveying and making a map of the Seacoast thereof, And that the Treasurers be allowed the same on passing their Accounts with the Public

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

Gentlemen of his Majesty's Honble Council,

This House having fully Considered the Petition of Hannah Dunbibbin which we herewith send you, have Resolved that the said Hannah Dunbibbin be paid the sum of Fifty Pounds by the Public 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 Public, and desire your Honors Concurrence thereto

JOHN ASHE, Sp.

28th February 1764

Sent the above Message to the Council by Mr. Knox and Mr. Wynns

Received from the Council

The 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 or mesne Convoyances Registered &ca

The Bill for defraying the Expence of the Members of His Majestys Honble Council and the Members of the Assembly of this Province &ca And

The Bill to amend an Act Intituled an Act for dividing this Province into five several Districts &ca Endorsed 28th February 1764, In the upper House of Assembly Read the second time amended and passed

Mr. Starkey Treasurer of the Southern District acquainted the House that there are several sums of money remaining in the hands of the several Receivers of the Tonnage Duty on Vessels which heretofore have arrived in the several Ports to the Northward of Cape Fear which ought to have been paid to the Persons appointed by a late Law to receive the same. The House therefore Resolved that the said Receivers Account with and pay to the Treasurers the said sums they shall be found in arrear, And on non payment thereof the said Treasurers do give a list of the several Receivers of

-------------------- page 1189 --------------------
the said Tonnage Duty who do not account and pay the said monies as aforesaid to the Attorney General of this Province, who is hereby Required and Directed to Prosecute such Receivers

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Received from His Excellency the Governor, the Journal of the Proceedings of the Southern Congress at Augusta in the year 1763, which was read.

Then the House Adjourned till 9 oClock to morrow morning.


Wednesday 29th February 1764. The House met according to Adjournment

Received from the Council the Bill to Regulate Elections of members to serve in the Assembly of this Province. And the Bill to Grant to His Majesty an additional Duty on Wine and distilled Liquors Imported into this Province Endorsed 28th February 1764. In the upper House of Assembly Read the second time and passed.

The Bill for laying a Tax on the Inhabitants of the several Counties in the District of Salisbury Superior Court.

The Bill to Impower the Sheriff of the County of Orange to Collect and apply the Arrears of Taxes &c

The 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 &c, and

The Bill for Building a House for a School and the Residence of a School Master in the Town of New Bern. Endorsed 28th February 1764. In the upper House of Assembly Read the second time amended and passed.

On motion Ordered the 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 &c be read the third time. Read the same a Third time passed and Ordered to be sent to the Council

On motion Ordered the Bill to Continue An Act Intituled an Act to amend and further Continue an Act Intituled an Act for facilitating the Navigation of Port Bath &c be read the Third time. Read the same a third time, passed and Ordered to be sent to the Council

On motion Ordered the Bill for laying a Tax on the Inhabitants of the several Counties in the District of Salisbury Superior Court

-------------------- page 1190 --------------------
&ca be read the third time Read the same a third time Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill to Impower the Sheriff of Orange County to Collect and pay the Arrears of Taxes &ca be read the third time, Read the same a third time Passed and Ordered to be sent to the Council

Sent the above four Bills to the Council by Mr. Ormond and Mr. Macklewean

Received from the Council the Message sent to them yesterday by Mr. Knox and Mr. Wynns requesting their Concurrence to the Resolve of this House for allowing Fifty pounds to Mr. Crane and others for taking one John Pyburne an Infamous Rogue and Vagabond, Endorsed 29th February 1764 In the upper House of Assembly, Concurred with

Received from the Council the following Message Vizt

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 extreemly 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


29th February 1764.

Mr. Speaker and Gentlemen of the Assembly

On Reading a third time the Bill for the Counties of Brunswick and Bute, This House have carefully examined Evidences concerning the proper Boundary between the said County of Brunswick and Bladen County and find the following to be the most equal on both sides (to wit) Beginning at the mouth of Plummers Run thence up the various courses of the Run to the main Road thence by a direct Line to the East end of Waggamaw lake, thence by another straight line to the Plantation where William Gressett formerly lived and thence by a line Extended in the same course to South Carolina Boundary Line to which amendment if you agree desire you will send two of your Members to see the same Inserted

Then the House Adjourned till 3 oClock Afternoon

-------------------- page 1191 --------------------

P. M. The House met according to Adjournment

Resolved the following Message be sent to the Council

Gentlemen of His Majestys Honble Council,

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. Montfort 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) We apprehend it will take too great a number of Taxables from the latter, therefore we cannot agree thereto, and hope your Honors will pass that Bill as sent you from this House


29th February 1764.
JOHN ASHE Sp.

Received from the Council the following Message Vizt

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 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.

Resolved the House will not alter the Resolve thereof relative to the payment of Fifty Pounds to Hannah Dunbibbin

On motion Ordered the Bill for the more Effectual suppressing of Felonies and Counterfeiting the Paper Currency of this Province and of Virginia, be read the second time. Read the same a second time, amended passed and Ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Montfort and Mr. Benton

Received from the Council the following message Vizt

[Relating to the bill for the inspection of certain commodities,&c.—See page 1116 ante.—Editor.]

Received from the Council The Bill directing the Boundary Line between the Counties of Dobbs and Pitt &ca The Bill to amend an

-------------------- page 1192 --------------------
Act entitled 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 &c The Bill nor laying a Tax on the Inhabitants of the several Counties in the District of Salisbury &ca—The Bill for ascertaining a proper place for Building thereat a Court House &ca for the County of Edgcomb—The 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 And the Bill to Impower the Sheriff of the County of Orange to Collect and apply the Arrears of Taxes due for the several years therein mentioned &ca Endorsed 29th February 1764 In the upper House of Assembly, Read the third time and Passed

Ordered to be Engrossed.

Then the House Adjourned till 9 oClock tomorrow morning.


Thursday 1st March 1764. The House met according to Adjournment.

On motion, Ordered the Bill to Regulate Elections of Members to serve in the Assembly of this Province be read the third Time, Read the same a Third time, Amended Passed and Ordered to be sent to the Council

On motion Ordered the Bill for Building a House for a School and the residence of School Master in the Town of New Bern, be read the third time. Read the same a Third time Amended Passed and Ordered to be sent to the Council

On Motion Ordered the Bill for defraying the Expence of the Members of His Majesty's Honble Council and the Members of the Assembly of this Province, be read the third time—Read the same a Third time amended Passed and Ordered to be sent to the Council

Sent the above three Bills to the Council by Mr. Leech and Mr. Knox.

Received from the Council the following Bills, Vizt

The Bill for destroying Vermin in the several Counties within this Province—Endorsed 1st March 1764. In the upper House of Assembly Read the third time amended and Passed

Ordered to be Engrossed.

The Bill for Erecting part of St Philips Parish in New Hanover County and the lower part of Bladen County into a separate County &ca Endorsed 1st March 1764. In the upper House of Assembly, Read the third time and passed Ordered to be Engrossed.

And the Bill for suppressing Excessive and Deceitful Gaming.

-------------------- page 1193 --------------------

Endorsed 1st March 1764. In the upper House of Assembly Read the second time amended and passed

Received from the Council the following Message

Mr. Speaker and Gentlemen of the Assembly,

On Considering for the third time the Bill for appointing a Treasurer &ca we observe, that we conceive a matter of surplussage 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 Excellencys Speech at the opening of this Session that it will not meet with his Assent, and therefore we propose that 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

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

On motion Ordered the Bill to amend An Act Intituled An Act for dividing this Province into five several Districts &ca be read the third time. Read the same a third time Amended passed and Ordered to be sent to the Council

Sent the above Bill to the Council by Mr. Leech and Mr. Knox

Then the House Adjourned till 9 oClock tomorrow morning


Fryday 2d March 1764. The House met according to Adjournment

Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council

In Answer to 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 &ca we must inform you we cannot Concur thereto. We agree to the Alteration from five years as it now stands to Two Years, the Term you propose, to which, if you Concurr we shall send two of the members of this House to see the Alteration made.

JOHN ASHE Spr
-------------------- page 1194 --------------------

On motion Ordered the Bill for suppressing Excessive and Deceitful Gaming be read the third time. Read the same a Third time, amended Passed and Ordered to be sent to the Council

Sent the above Message and Bill to the Council by Mr. Harris and Mr. Benton

Then the House Adjourned till 2 o'clock Afternoon.

P. M. The House met according to Adjournment

Mr. Kenan presented a Certificate from the County Court of Duplin thereby certifying that Joshua Platt of said County is aged and rendered incapable of Paying Taxes and doing Public duties, And recommending him to be exempt therefrom Granted

Mr. Kenan presented a Certificate from the County Court of Duplin thereby certifying that Andrew Henderson is incapable of paying Taxes and doing Public duties and recommending him to be Exempt therefrom Granted

Mr. Montfort presented a Certificate from the Court of Hertford County thereby certifying that Peter Jones is aged and Infirm and rendered incapable of getting his living and recommending him to be exempt from paying Public Taxes and doing Public duties Granted

Resolved the following Message be sent to the Council

Gentlemen of His Majestys Honble Council

We have duly considered your Message of Wednesday last relative to the Bill for Inspection of the several Commodities therein mentioned; in the first part of which we find that your Honors (ascribing such parts of the said Bill as you are pleased to say are defective, to a want of attention in this House) 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, in as much 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 be retained in the Country and made use of for purposes that good Leather only is fit for, We therefore cannot agree to that alteration but propose that it

-------------------- page 1195 --------------------
shall be liable to the same Inspection and Regulation that Deerskins are.

The alteration you think necessary in respect to the appointment of two Inspectors for the town of wilmington we readily agree to, but are of opinion that if your Honors had duly adverted to that Clause you would have thought it sufficiently Explicit, and of consequence any alteration unnecessary.

We cannot devise why your Honors 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 Public we cannot help being of Opinion that they ought not to be unnecessarily divided and that every Measurc which is not Inconsistant 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 Honors 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 an 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 Public 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 Inepector 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 alternations of the Words you Propose in respect to the Certificate the Master of every Vessel is directed to produce to the Collector before he is Cleared; tho' we are clearly of Opinion that the purposes designed by such Alteration were fully and sufficiently implied to Warrant any Collectors Clearing out a Vessel on the Masters producing a Certificate of such part of his Cargoe only, having been inspected, as is made liable by that Bill to Inspection.

The alteration you propose as to the time limitted for Exportation of Pork, Beef, Rice, Flower and Butter after they had passed Inspection

-------------------- page 1196 --------------------
which you think too long, We cannot altogether agree to but propose that the time shall be limitted 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 Inconveniences to many persons who living on long and shallow Rivers are obliged to wait an opportunity of a Fresh to Transport their provisions to Markett 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 leakey Casks which it will always be the Interest and of Consequence the Care of the owner to prevent.

We must also differ from your Honors 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 p Thousand for Shingles is fully and intirely 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 a 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 Honors 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 Independant of Views that are Interested, which we find you have done us the Honor to put on a footing with that by which you yourselves are actuated in Public 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 Honors Consider as Amendments, We should readily agree to.

JOHN ASHE Spr.

2d March 1764

Sent by Mr. Wynns and Mr. Gibson.

Received from the Council,

The Bill for the Building a House for a school and the Residence of a school master in the Town of New Bern

-------------------- page 1197 --------------------

The Bill for altering the dividing line between the Counties of Bladen and Cumberland—And also,

The Bill for appointing a Militia Endorsed 2d March 1764 In the upper House of Assembly, Read the third time and passed Ordered to be Engrossed.

Received from the Council the following Message (to wit)

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 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 the House adjourned till 9 o'clock to morrow morning.


Saturday 3d March 1764 The House met according to Adjournment

Resolved the following Message be sent to the Council Vizt

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 duties of their calling almost entirely

-------------------- page 1198 --------------------
depends 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 Outward 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 Barr to Brunswick should be Increased to two thirds If your Honors agree to Pass the Bill with the Alterations Agreed to, We will send two of our Members to see the same made

JOHN ASHE Sp.

3d March 1764

Sent by Mr. Harnett and Mr. Maurice Moore

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


North Carolina

To His Excellency Arthur Dobbs Esquire, Governor, &ca

Sir—As Fort Johnston is in Order to Receive the Kings Stores, Amunition, This House therefore desire your Excellency will be pleased to Order the said stores &ca now in Wilmington to be removed to the said Fort, And also that the Stores at Fort Dobbs in Rowan County be removed from thence to Salisbury

JOHN ASHE Spr

3d March 1764

Sent by Mr. Howe and Mr. Montfort

Resolved that this House will allow no Claim hereafter to any Person for taking Care of the Stores &ca belonging to Fort Johnston or Fort Dobbs except a reasonable allowance for the Portage of them to the different places above mentioned

Received from the Council the Message sent to them the 24th February last relating to the allowance to William Dry, And also that relative to the allowance to Colonel Hugh Waddell

Endorsed 3d March 1764 In the upper House of Assembly Concurred with

JAMES MURRAY President
-------------------- page 1199 --------------------

Received from the Council

The Bill to continue an Act Intituled an Act to make Provision of Paying the Chief Justice and Attorney Generals Salary &ca And the Bill to suppress Excessive and Deceitful Gaming

Endorsed 3d March 1764 In the upper House of Assembly Read the third time and passed Ordered to be Engrossed

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

On Reading your Message of Yesterday relative to the Bill for the appointment of a Public 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 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 Esquires 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 purpose above we will readily Concur in giving it all the dispatch in our Power

You will please to let us have your sentiments on those Alterations, and be assured that our only Intention is to conciliate matters and prevent confusion


3d March 1764

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council,

In answer to your Message relative to the alterations you mention to be in the Bill for appointing a Public Treasurer and the propositions you make therein of this House appointing some Members thereof a Committee to join those Gentlemen of his Majesty's Honble Council you have appointed to consider and Report upon the Amendments necessary in that Bill to their Respective Houses This House have appointed Mr. Starkey, Mr. Harnett, Mr. Maurice Moore, Mr. Montfort and Mr. Leech five of the Members thereof, who will meet your Committee when and where you think proper

JOHN ASHE, Speaker.

3d March 1764
-------------------- page 1200 --------------------

Sent by Mr. Harnett &

Resolved that Ten men and one commissioned Officer be appointed to Garrison Fort Johnston, The Officer at 4s p. day and 8d for subsistance, The men at 1s 4d p. day and 8d for subsistance; And that four men and a Commissioned Officer be appointed to Garrison Fort Granville, The Officer at 2s p. Diem and 8d for subsistance and the men at 1s 4d p. day and 8d for subsistance

Mr. Ormond and Mr. Barrow moved for leave to absent themselves from the service of the House

Ordered they have leave accordingly

Then the House adjourned till 10 oClock Monday morning.


Monday 5th March 1764 The House met according to adjournment

Received from His Excellency the following Message in Writing

Mr. Speaker,

The Public Business being much Retarded for want of a Printer to attend the Governor and General Assembly, as I can never approve of the late Printer appointed by the Assembly upon Account of His negligence in not Printing the Laws Journals and other Public Orders nor dispersing them in proper numbers for the use of the Province and Consequently deserves no favour I must therefore recommend it to the Assembly to appoint a Sum to encourage a Printer to Reside where he can attend the Government and Assembly and do his duty to the Public and not barely Consider his own Profit and Conveniency

And as I hear the Small Pox now Rages at Boston in New England it may be of Great Prejudice if it should spread here which there is great reason to apprehend from the Constant Intercourse there is between that Province and this: I also recommend it to the Assembly that a Proper House be appointed to serve as a Pest House or Hospital and that Provision be made for the same by a Tax to be laid on the Inhabitants of New Hanover, Brunswick and Bladen Counties

ARTHUR DOBBS

5th March 1764.

Mr. Maurice Moore moved for leave to present a Bill for an Hospital of [on] Cape Fear River

Ordered he have leave accordingly.

Mr. Moore presented the abovementioned Bill which he read in his

-------------------- page 1201 --------------------
Place and delivered in at the Table where the same was again read by the Clerk, Passed and Ordered to be sent to the Council.

Sent the same to the Council by Mr. M. Moore and Mr. Leech

Mr. Harnett from the Committee appointed to joyn the members of His Majestys Honourable Council by them appointed to Consider on the Amendments proposed to the Bill for appointing Public Treasurers, Reported the Committees had met and agreed on several Amendments to the said Bill which he Read, and were Agreed to by the House.

Received from the Council The Bill for an Hospital on Cape Fear River Endorsed 5th March 1764 In the upper House of Assembly Read the first time and passed.

Received from the Council the following message (to wit)

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 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 Amendments proposed Provided the substance of them is not affected thereby We shall not be against them


5th March 1764.

Resolved the following message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council,

In answer to your message of this day relative to the Bill for appointing Treasurers and the Amendments to the said Bill proposed by the Committee for that purpose, Concurred with by you, this House herewith send Mr. Harnett, Mr. M. Moore and Mr. Leech three of the members of this House to see the same Inserted in that Bill

JOHN ASHE Sp.

5th March 1764.

Received from the Council the following Message Vizt

-------------------- page 1202 --------------------

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 &ca. 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 now Deled. To which amendment if you agree you will send some of your members to see the same made.


5th March 1764.

Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majestys 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 herewith send Mr. Caswell and Mr. Mackelwean two of the members of this House to see the same done.

JOHN ASHE, Speaker.

5th March 1764.

On motion Ordered the Bill for an Hospital on Cape Fear River be read. Read the same.

On motion Resolved the House Resolve into a Committee of the whole House to consider and debate on the Subject Matter of the said Bill.

The House Resolved into a Committee of the whole House &c. After some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman Reported that the Committee are of Opinion the said Bill be rejected.

Then on motion Resolved the said Bill be rejected.

Received from the Council the Bill for appointing Public Treasurers. Endorsed 5th March 1764. In the upper House of Assembly read the third time amended and passed. Ordered to be Engrossed.

And the following Message Vizt

Mr. Speaker & Gentlemen of the Assembly,

On Reading a third time the Bill for defraying the Expence of the members of his Majestys Honble Council and the members of the Assembly &ca We perceive some Alterations made on the third

-------------------- page 1203 --------------------
reading of that Bill in your House, whereby you have dele'd the word House, As applied to his Majestys Honble 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, or recede from that alteration you have made.


5th March 1764.

Resolved the following Message be sent to the Council

Gentlemen of his Majestys 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 Honble Council and the Members of Assembly &ca being dele'd and in place thereof the word Board Inserted. We find the word Board made use of as well as House of Assembly, in a former Act Yet to prevent any Misunderstanding between this House and your Honors. 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 Honors Agree to the two Members who bring this will see the same Inserted

JOHN ASHE Sp

5th March 1764 Sent

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Received from the Council the Bill for annexing part of Craven County to Dobbs County Endorsed 5th March 1764, In the upper House of Assembly read the Third time amended and Passed Ordered to be Engrossed

Then the House adjourned till 9 oClock tomorrow morning


Tuesday 6th March 1764 The House met according to Adjournment

On motion Ordered the Message from his Excellency the Governor of the 10th February last be read The same is Read

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

The House Resolved into a Committee of the whole House and chose Mr. Moore Chairman, who took the Chair. After some time spent therein Mr. Speaker resumed the Chair

Mr. Chairman Reported that the Committee have had under their Consideration His Excellency's Message of the 10th of February last,

-------------------- page 1204 --------------------
and Resolved they cannot approve of His Excellency's two drafts therein mentioned

On motion Resolved una Voce, this House agree with the Resolution Reported by the Committee

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

To dispute about words would be frivolous were it not Introductive of a dispute about things and Persons, 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 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 be reasonably desired

We are therefore to Inform you that unless you amend the Bill in Question by reinstating the word House as it stood on the second reading here, We will not Pass that or any other Bill or Concurr with you in any Resolve or Estimate


6th March 1764

Then the House Adjourned till ½ hour past 2 oClock Afternoon

P. M. The House met according to Adjournment

Resolved the following Message be sent to the Council Vizt

[Relating to the official name of the Upper House.—See page 1132 ante.—Editor.]

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

As we think it our duty to Address his Majesty Resolved this House join the Council in an address to His Majesty and that Mr. Harnett, Mr. Starkey and Mr. Montfort join the Gentlemen of his Majesty's Council to prepare an Address to his Majesty and Report thereon to this House.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

In answer to your Message of this day relative to the appointment of a Committee of this House to join the Honble Lewis Henry De Rossett and Henry Eustace McCulloh Esquires to prepare an address

-------------------- page 1205 --------------------
to his Majesty on the late Honble Peace We have appointed Mr. Harnett, Mr. Starkey and Mr. Montfort a Committee of this House for that purpose

JOHN ASHE Sp.

6th March 1764

Received from the Council The Bill to Continue Couchet Jouvencal Esquire Agent for this Province Endorsed 6th March 1764, In the upper House of Assembly read the second time amended and passed

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday 7th March 1764 The House met according to Adjournment

On motion Ordered the Bill to continue Couchet Jouvencal Esquire Agent for this Province, be read a third time Read the same a Third time amended passed and Ordered to be sent to the Council

Sent the same by Mr. Bond and Mr. Campbell

Mr. Harnett Chairman of the Committee of Accounts Reported that the Committee had settled and allowed sundry Accounts Exhibited by several accomptants with the Public and laid the same before the House for concurrence The same were Read and concurred with

Mr. Starkey Chairman of the Committee of Claims Reported the Committee had settled and allowed sundry Claims, which were Read, And there appearing a Blank in the said Report for the Allowance to the Clerk of the said Committee, Resolved the said Blank be filled up with the sum of Thirty five Pounds the same is accordingly done, and then the House Agreed to the said Report.

Mr. Harnett Chairman of the Committee of Public Accounts Reported that John Starkey Esquire Public Treasurer of the Southern District hath paid in to the said Committee the sum of £569 in Notes uttered a second 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 the sum of £2814.2.2 are by Law to be Burnt

Resolved the following Message be sent to the Council Vizt

-------------------- page 1206 --------------------

Gentlemen of His Majestys Honble Council

The Chairman of the Committee of Public Accounts hath Reported thath John Starkey Esquire Public Treasurer of the Southern District hath paid into the Hands of the said Committee the sum of £569 in Notes uttered a second 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 joyn yours at the House of John Campbell in Wilmington at 5 oClock this Evening


7th March 1764.
JOHN ASHE Sp.

Sent by Mr. Kenan and Mr. Coale.

On motion Ordered the Bill for the more Effectual Detecting and Punishing the Makers and Utterers of Counterfeit Bill Money Robbers and other Felons, be read the third time Read the same a Third time Amended Passed and Ordered to be sent to the Council

Sent the same to the Council by Mr. Montfort & Mr. Harris

Received from the Council the Bill for the more Effectual detecting and Punishing the makers and Utterers of Counterfeit Bill Money, Robbers and other Felons. Endorsed 7th March 1764. In the upper House of Assembly Read the third time and Passed. Ordered to be Engrossed

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

On Reading the third time the Bill to Continue Couchet Jouvencal Esquire Agent for this Province, We must insist upon the reinstating of that Proviso which you have dele'd, relative to a member of our House, being of the Quorum of the Persons Corresponding. The necessity and Propriety of this Proviso must occur to you if you are pleased to Consider that as we admit a double number of members of your House in the Committee unless a Negative is Vested in ours, we should in fact be but Cyphers, which we shall in no Case Willingly agree to, We hope the utility of the Bill in Question and the Reasonableness of this amendment which we adhere to will enduce you not to lay us under the necessity of rejecting it.

Received from the Council the following message Vizt

[See page 1134 ante, relating to the Committee of Correspondence.—Editor.]

Resolved that the following message be sent to the Council—

-------------------- page 1207 --------------------

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 concur with you in the reinstating the Clause you propose, We are sorry that a difference of Opinion should occasion the loss of a Bill which we agree with your Honors will be, if passed into a Law of great Utility to the Province.

JOHN ASHE Sp.

7th March 1764.

Received a Written Message from his Excellency the Governor Vizt

Mr. Speaker

There being several Sums due upon the Powder Duty in the several Ports of Roanoke, Bath and Beaufort it will be proper to have the sums due and paid into the several Collectors Inquired into and ascertained and paid forthwith unto the several Treasurers to be applied Properly if appropriated or disposed of by the General Assembly where not appropriated And that you will make a proper Resolve for that purpose.

ARTHUR DOBBS.

On Motion Ordered the 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, be read the third time Read the same a Third time Amended Passed and ordered to be sent to the Council

Sent the above Bills to the Council by Mr. Kenan and Mr. Coale.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council,

In Answer to your Message Relative to the several Alterations you Propose in the Bill for defraying the Expence of His Majestys Honourable Council and Members of the Assembly &ca We Cannot concurr in any of the Alterations proposed by the said Message.

JOHN ASHE Spr

7th March 1764.
-------------------- page 1208 --------------------

Sent by Mr. Kenan and Mr. Coale

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment

Resolved the following Message be sent to His Excellency the Governor


North Carolina—ss.

To His Excellency Arthur Dobbs Esquire, Governor &ca

Sir In answer to your Message of this day relative to this House entering into a Resolve that the several Collectors of the Powder duty be obliged to Pay all such sums of Money they may have Received for that duty to the several Treasurers. We must Inform your Excellency this House have already taken that affair under Consideration And Resolved that the said Receivers do account with and Pay to the Treasurers the several sums they are in arrear on Account of that duty otherwise the Attorney General will have Directions to Prosecute such Receivers

JOHN ASHE Sp

7th March 1764.

Sent by Mr. Kenan and Mr. Campbell

Received from the Council the following Message Vizt

Mr. Speaker and 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—7th March 1764

Then the House Adjourned till 9 oClock tomorrow morning


Thursday 8th March 1764. The House met according to Adjournment

The Chairman of the Committee of Accounts Reported that the Committee of the whole House together with the members of His Majestys Honble Council met at the House of John Campbell in Wilmington the 7th Instant, And that the several sums mentioned

-------------------- page 1209 --------------------
in the Message of this House to His Majestys Honble Council of yesterday were Burnt

It appearing to this House that Lazarus Creel and Joseph Ford have taken one William Willis one of the Confederated gang Infesting the Frontiers and other Countries, and Committing sundry outrages and Murders and Delivered him to the Keeper of His Majestys Goal in Wilmington

It is therefore Resolved that the said Lazarus Creel be allowed and paid by the Public Treasurers the sum of Twenty Pounds, and the said Joseph Ford Ten Pounds for apprehending the said William Willis, and that the said Treasurers be allowed the said several Sums on passing their Accounts.

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

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

JOHN ASHE Sp.

8th March 1764

Resolved that the Honble James Murray Esquire, John Starkey, John Ashe, Cornelius Harnett and Thomas Clifford Howe or the Majority of them do agree with such Persons they or the Majority of them 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, 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 Passed in the Year of our Lord One thousand seven Hundred and sixty appointing the said James Davis Printer to this Province

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majestys Honble Council

This House taking into Consideration the necessity of Printing the Laws which may Pass this Session, the Journal of the Assembly &ca

-------------------- page 1210 --------------------
Have Resolved that the Honble 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 Passed in the year of our Lord One thousand seven hundred and sixty, appointing the said James Davis Printer to this Province, to which desire your Honors Concurrence

JOHN ASHE Sp.

8th March 1764
Sent by Mr. Kenan and Mr. Sumner.

Received from the Council the Message sent them of the 28th February regarding the allowance of Fifty Pounds to Hannah Dunbibbin Endorsed 8th March 1764 In the upper House of Assembly Concurred with

JAS MURRAY President

Mr. Harnett presented the Petition of Charles Cogdell setting forth that the Public on settling his Accounts with them fell in arrear to him the sum of One Thousand One Hundred and ninety nine Pounds nine shillings which yet remains unpaid Praying the Public will allow and pay him Interest for that sum until he shall receive the same

Resolved the Public do allow the said Interest be paid according to the Prayer of the said Petition and that the Public Treasurers do pay the Legal Interest on that sum to the said Charles Cogdell from the 21st day of April 1762, until he shall have paid to the said Charles Cogdell the said £1199.9.0 And on the said Treasurers passing their Accounts they be allowed the same

Received from the Council the Address to His Excellency the Governor sent to them the 17th February last relative to the sale of the Estate of the late Jeremiah Vail Endorsed

JAS MURRAY President
-------------------- page 1211 --------------------

Sent the said Address to his Excellency the Governor for his Concurrence, and returned Endorsed Concurred with

ARTHUR DOBBS

Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majesty's Honble Council,

This House on 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 one Thousand one Hundred and ninety nine Pounds nine shillings 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 Public, and desire your Honors Concurrence

JOHN ASHE Sp.

8th March 1764

Sent by Mr. Wynns and Mr. Jones

Then the House Adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment.

Mr. James Moore presented the Petition of Walter Lindsay setting forth that the Public on settling his Accounts with them was found in arrear to him in the sum of £557.1.0 which yet remains unpaid. Praying the Public will allow and pay him Interest for that sum until he shall receive the same.

Resolved the said Walter Lindsay be allowed the Legal Interest on the said sum of Five Hundred and Fifty seven Pounds one shilling from the 25th day of March 1763, and paid him by the Treasurers until he shall receive the said sum of £557.1.0, the Public is in arrear to him.

Resolved the following message be sent to the Council Viz

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 £557.1.0 from the 25th day of March 1763, and paid him by the Treasurers until he shall receive the said sum of £557.1.0 which

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the Public is in arrear to him and desire your Honors Concurrence thereto.

JOHN ASHE Speaker.

8th March 1764.

Sent by Mr. Moore and Mr. Bond.

Received from the Council

The Resolve of this House this day regarding the money to be paid to Lazarus Creel and Joseph Ford &ca. Endorsed 8th March 1764, In the upper House of Assembly Concurred with.

That relative to Imploying a proper person to print the Laws &ca this Session of Assembly &ca. Endorsed 8th March 1764 In the upper House of Assembly Concurred with.

And, also, that relative to the allowing Charles Cogdell Interest on the sum due to him from the Public. Endorsed 8th March 1764. In the upper House of Assembly Concurred with

JAS. MURRAY President.

Received from the Council the following message Vizt

Mr. Speaker and Gentlemen of the Assembly

The message proposing to allow Interest to Charles Cogdell for the sum due to him from the Public, &c. [See page 1140 ante.—Editor.]

Then the House Adjourned till 9 oClock tomorrow morning.


Fryday 9th March 1764 The House met according to Adjournment

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's 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 and 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 Honors Concurrence

JOHN ASHE Sp.

9th March 1764
Sent by Mr. Moore and Mr. Bond

Resolved the following Message be sent to the Council Vizt

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Gentlemen of His Majestys 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 you, to which desire your Honors Concurrence

JOHN ASHE Sp.

9th March 1764

Received from the Council the following Messages, to wit

Mr. Speaker and Gentlemen of the Assembly,

On reading over the third time the Bill to Impower the Public Treasurers to draw for the Proportion of Money Granted by Parliament &c. [See p. 1141 ante.—Editor.]

Mr. Speaker and Gentlemen of the Assembly.

On Considering the Report of your Committee of Claims &c. [See p. 1142 ante.—Editor.]

Received from the Council the Message sent them the 8th Instant relative to the allowing Walter Lindsay Interest on the sum due to him from the Public, and also that sent to them of this day relative to the Treasurer having Paid James Davis Printer £129.10. Endorsed 9th March 1764—In the upper House of Assembly, Concurred with

JAMES MURRAY President

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

The Address to His Majesty On the Peace—&c. [See p. 1143 ante.—Editor.]

Then the House adjourned till 3 oClock Afternoon.

P. M. The House met according to Adjournment

Resolved the following Message be sent to the Council Vizt

Gentlemen of his Majestys 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 &ca We must acquaint you that that Bill was duly Considered by us on its third Reading

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in this House and as no reasons appear to Induce us to alter that Bill, We therefore must inform your Honors we cannot concurr that any alterations be made therein

JOHN ASHE Spr.

9th March 1764

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majestys Honble Council

In Answer to your Message of this day relative to the allowance of £266.13.4 made to the Governor by the Committee of Claims, we must Inform you this House do not admit it as a matter of Claim and Right, but allowed merely as a Compliment and therefore cannot Concurr with your Honors in the Alterations Proposed.


9th March 1764.
JOHN ASHE Sp.

His Excellency the Governor by Writing Concurred with the Resolves of this House regarding the allowance of £50 to Hannah Dunbibbin, that of £30 to Lazarus Creel and Joseph Ford, and also that of £50 to William Crane for himself and party &ca

The Council having Rejected the Bill for Continuing Couchet Jouvencal Esquire Agent for this Province for and during the space of Eighteen months to commence from the first day of October last past &ca Therefore this House Resolve that the said Couchet Jouvencal be continued Agent for this Province for Eighteen months to Commence from the first of October last, and for his services trouble and Expences therein shall be allowed at the Rate of Two hundred Pounds Sterling p. annum during the said Term.

Resolved that John Ashe, John Starkey, Cornelius Harnett, Francis Corbin and Maurice Moore Esquires or the majority of them be, and are hereby appointed a Committee of Correspondence in Behalf of the Assembly to correspond with the said Couchet Jouvencal and to Communicate such Documents Matters and things as may be necessary for his information and Instruction

Resolved that the Treasurer pay into the Hands of Cornelius Harnett Esquire, Eight Pounds to supply William Miller now delayed in Goal at Wilmington as an Evidence on behalf of our Sovereign Lord the King against James Farr and others, with such necessaries as the said Cornelius Harnett shall think fit

His Excellency the Governor sent a message to the House requiring

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the Attendance thereof in the Council Chamber, with Engrossed Bills.

Mr. Speaker with the House waited on His Excellency the Governor in the Council Chamber, and Mr. Speaker presented the following Acts for his Assent Vizt

The Act concerning Vestries

The Act

To which His Excellency was pleased to Assent, and then directed the House to return to the further Business of the Province.

The House Returned

Sent the Resolve regarding the Treasurer paying Cornelius Harnett Eight pounds for the use of William Miller, to the Council for Concurrence, by Mr. Harnett and Mr. Starkey

Then the House adjourned till 9 oClock tomorrow morning


Saturday March 10th 1764 The House met according to adjournment

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 toward 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 Public Debts due from this Province, and in Aid of the Tax for defraying the Contingent Charges of Government, and that a Copy of this Resolve, and the following message, be sent to the Council for their Concurrence, Vizt

Gentlemen of his Majestys Honble Council

This House have Resolved as above and desire your Honors Concurrence thereto

JOHN ASHE, Sp.

10th March 1764

Received from the Council the Report of the Committee of Accounts, and also that of Claims Endorsed March 1764 Concurred with

JAMES MURRAY President
-------------------- page 1216 --------------------

Received from the Council the following message Vizt

[See page 1146 ante, relative to the Treasurers being empowered to draw on James Abercrombie, &c.—Editor.]

Resolved the following Message be sent to the Council Vizt

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, but under certain Regulations We must acquaint you that we find the time in the session will be too short (as we hope it will end this day) to form a schedule of the Public Debts, 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 faithful discharge of their office in the sum of £20,000 Sterling, for which reasons we cannot Concurr with you on those heads, As to your third Proposition of allowing 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.

10th March 1764

Sent by Mr. Knox and Mr. Harris

Received from the Council the following Message Vizt

[See page 1147 ante, relative to the Treasurers being empowered to draw on James Abercrombie, &c.—Editor.]

Resolved the following Message be sent to the Council Vizt

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 any further disputes with your Honrs. We do agree 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 Honors Concurrence, And as nothing further is before this House, desire your Honors will be pleased to return a speedy answer

JOHN ASHE Speaker

10th March 1764
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Received from the Council the Resolve sent them this day relative to allowing William Miller Eight pounds &ca Endorsed 10th March 1764 In the upper House of Assembly Concurred with

JAMES MURRAY President

Received from the Council the Two Resolves sent them this day relative to the drawing for the money Granted by Parliament to this Province Endorsed in the upper House of Assembly Concurred with 10th March 1764

JAMES MURRAY President

Sent to the Council the Resolve of the Third Instant relative to the Garrisoning Fort Johnston and Fort Granville, And also the following Message

Gentlemen of His Majestys Honble Council,

We herewith send you the Resolve of this House relative to the Garrisoning Fort Johnston and Fort Granville, and desire your Honors Concurrence thereto

JOHN ASHE Sp.

10th March 1764
Sent by Mr. Wynns and Mr. Hardison

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

On Reading your Resolve relative to the Garrisoning of Forts Granville and Johnston, &c. [See page 1149 ante.—Editor.]

Resolved the following Message be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council

In answer to your Message relative to the Proposition of putting the officers of Fort Granville on an Equal footing with the Officer of Fort Johnston, We cannot agree thereto therefore desire your Honors Concurrence to our former Resolve,

JOHN ASHE Spr

10th March 1764
Sent by Mr. Kenan and Mr. Taylor

Received from the Council the Resolve sent them this day relative to the Garrisons of Fort Johnston and Fort Granville &ca And also

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the Message sent them therewith Endorsed 10th March 1764 In the upper House of Assembly Concurred with

JAS MURRAY President

Then the House Adjourned till Monday 5 oClock Afternoon

[Then his Excellency was pleased to prorogue the General Assembly by Proclamation until —— the —— day of October next. See Journal of Upper House.—Editor.]