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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
October 25, 1764 - November 28, 1764
Volume 06, Pages 1218-1257

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

North Carolina—ss.

At an Assembly begun and held at Wilmington the third day of February in the year of our Lord 1764 In the fourth year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain &c. & continued by Prorogation until the 25th day of October in the same year.

In the Upper House
Present
The Honble James Murray Esquire.
The Honble James Hasell Esquire.
The Honble Lewis De Rossett Esquire.
The Honble Chas. Berry Esquire.
The Honble Wm Dry Esquire.
The Honble Robt Palmer Esquire.
The Honble Benjn Heron Esquire.

The House adjourned till 10 o'clock tomorrow morning.


Fryday morning 26th October 1764 The House met according to adjournment.

Present as above

Then his Excellency the Governor was pleased to command the Attendance of the Assembly who accordingly attended and his Excellency delivered to both Houses the following Speech vizt

Honble Gentlemen of his Majestys Council Mr. Speaker and Gentlemen of the Assembly,

The War which had been so gloriously carried on by his Majesty in defence of the Liberties and Possessions of Britain under the conduct and by the Assistance of Divine Providence being happily

-------------------- page 1219 --------------------
terminated by a glorious safe and Honourable Peace which has Secured the Civil and Religious Liberties of Europe and more immediately those of Great Britain and her Colonies by the Occasion of so extensive an Empire on this Continent and an unbounded Commerce over the Globe by which we are secured from the encroachments of our most dangerous and heriditary Enemies and a Peace with all our Indian Enemies on this Continent is concluded upon account of these happy events and having no Instructions from his Majesty to demand any Public aid I have nothing to recomend to you but the maintaining the Forts already Erected and the amending and continuing such Laws as were postponed being not thoroughly digested last Session vizt. the Superior and Inferior Court Bills and the Inspection Bill and the framing others which may be beneficial to the Trade Commerce and Interior Improvement of the Province particularly Schools for the Education of youth which have been hitherto much neglected.

Mr. Speaker and Gentlemen of the Assembly as it will be for his Majestys Service and a Public advantage to this Province that you should raise a proper fund to pay the premiums upon Hemp & Flax already Enacted and also a small duty upon Tonage to procure safe Navigation into the several Ports and Rivers of this Province by Erecting Beacons when necessary and fixing Buoys upon the several Bars and Stakes to point out the Channels in the several Rivers of this Province and also a proper sum for contingencys to answer the necessitys of the Government.

I therefore recomend it to you to raise these supplies upon Luxuries by adding a duty upon Wine Spirits and other firmented Liquors Imported (except from Great Britain) and upon all brought in by Land from the adjoyning Colonies, and to reenact a former Act upon all other Goods Imported or brought in from the neighbouring Colonies.

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

I leave it to your Consideration whether it would be of Public benefit when the Number of small Paper Bills are so much worn and diminished that you should concur in ordering a reasonable sum of the Money Granted by Parliament to this Province to be emitted over in the Copper coin of Britain or in such coin as his Majesty may be pleased to order to be coined in the Town of London

-------------------- page 1220 --------------------
of equal Value for this Province which will be of great use to the poor in the Markets of this Province.

As I hope you will unite in forming Salutary Laws for the general benefit of this Province I shall sincerely and heartily concur with you in every measure consistant with his Majestys Instructions and the general benefit of Great Britain and its Colonies whose Interest is and always ought to be Inseperable.

Then the House proceeded to take under Consideration his Exlencys Speech and ordered it to be read which was accordingly done and the Honble Lewis De Rossett Charles Berry and Robert Palmer Esqres appointed a Committee of this House to draw up an address in Answer to his Excellency's Speech.

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


Saturday morning 27th October 1764. The House met according to adjournment.
Present
The Honble James Murray Esqrs
The Honble Jas. Hasell Esqrs
The Honble Lewis De Rossett Esqrs
The Honble Chas Berry Esqrs
The Honble Wm Dry Esqrs
The Honble Robert Palmer Esqrs
The Honble Benjn Heron Esqrs

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


Monday morning 29th October, 1764. The House met according to adjournment.
Present
The Honble Jas Murray Esqr
The Honble Alexr McCulloh Esqr
The Honble Jas Hasell Esqr
The Honble Chas Berry Esqr
The Honble Lewis De Rossett Esqr
The Honble Wm Dry Esqr
The Honble John Sampson Esqr
The Honble Robt Palmer Esqr
The Honble Henry E. McCulloh Esqr

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

The same was read and approved and Resolved that the same stand the address of this House and be entered on the Journal as follows Vizt

-------------------- page 1221 --------------------

May it please your Excellency,

We his Majestys Most Dutifull and Loyal Subjects the Council of this Province desire to return your Excellency our most hearty thanks for your Speech at the opening of this Session.

With hearts full of gratitude to the best of Kings We see the War at an end which has been so wisely carried on by his Majesty, by whose unwearied diligence under the happy direction of the Divine Providence a safe and Honourable Peace is secured, with an unbounded addition of Territory to the British Empire on this Continent.

We beg leave to assure your Excellency that we will most readily join and contribute all in our Power to bring to effect such Salutary Laws as may be digested; having always in view what your Excellency has been pleased to recomend, wishing nothing more than that they may meet your Excellencys Approbation and tend to the real benefit & happiness of the Province.

Then the House Adjourned till 10 o'clock next morning.


Tuesday morning, October 30th 1764. The House met according to adjournment.

Present as before

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

I am obliged to you for the warm address wherein you Express your Satisfaction in his Majestys having procured to us so safe and Honourable a Peace to Britain and these American Colonies and that you will concur in such Laws and measures as will be beneficial to this Province, which you have always endeavoured to promote.

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


Wednesday morning October 31st 1764. The House met according to adjournment
Present
The Honble James Murray Esquire.
The Honble Henry E. McCulloh Esquire.
The Honble James Hasell Esquire.
The Honble Alexr McCulloh Esquire.
The Honble Lewis De Rossett Esquire.
The Honble Chas Berry Esquire.
The Honble John Sampson Esquire.
The Honble Wm Dry Esquire.
-------------------- page 1222 --------------------

Received from the Assembly by Mr. Howell & Mr. Parsons, the following Message

Gentlemen of His Majesty's Honble Council,

This House have appointed Mr. Harnett, Mr. Jas. Moore, Mr. John Harvey, Mr. Howe, Mr. Maur Moore, Mr. Campbell & Mr. Parsons a Committee of this House to state & settle the Public Accounts of the Province and Mr. Starkey, Mr. Caswell, Mr. Benton, Mr. Bartram, Mr. Kenan, Mr. Frohock and Mr. Baker to settle the Public Claims in conjunction with such of your Honours as you shall think fit to appoint.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

29th Octr 1764

The foregoing Message was taken under Consideration and Ordered that the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message relative to the Committees, We have appointed the Honble Alexr McCulloh, Wm Dry, Robt Palmer and Benjamin Heron Esquires a Committee of this House to Examine State & Settle the Public Accts and the Honble Lewis De Rossett, John Sampson, Henry Eustace McCulloh and Charles Berry Esquires a committee of this House to settle and allow the Public Claims.


31st October 1764

Then the House Adjourned till 10 oClock to morrow morning.


Thursday Morning 1st Novr 1764. The House met according to adjournment
Present
The Honble James Murray Esqr
The Honble John Sampson Esqr
The Honble James Hasell Esqr
The Honble Henry E. McCulloh Esqr
The Honble Lewis De Rossett Esqr
The Honble Alexr McCulloh Esqr

The House adjourned till 10 o'clock tomorrow morning.

Fryday Morning 2d November. The House met according to adjournment and Adjourned till 10 o'clock tomorrow morning.

Saturday Morning 3d November The House met & adjourned till Monday morning 10 o'clock.

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Monday morning 5th November 1764 The House met according to adjournment.
Present.
The Honble James Murray Esquire
The Honble Jas. Hasell Esquire
The Honble Lewis De Rossett Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloh Esquire
&
The Honble Wm Dry Esquire

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

A Bill for an additional Act to an Act Intituled an Act for restraining &c. excessive Usury.

On motion read the first time and passed.

A Bill to encourage Alexander Moore to Build a Bridge over Rock Fish Creek near the mouth of the same in Bladen County.

Received from the Assembly by Mr. Maus Moore and Mr. Johnston

A Bill to prevent the Exportation of unmerchantable commodities which

On motion was read the first time and passed.

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

A Bill for an Additional Act to an Act intituled an Additional Act to an Act Intituled an Act to prevent Killing Deer at unseasonable times and for putting a stop to many abuses Committed by white persons under pretence of hunting

On motion read the first time and passed

A Bill to repeal part of an Act intituled an additional Act to an Act Intituled an Act concerning Servants & Slaves.

On motion read the first time and passed.

A Bill to prevent the pernicious practice of taking Judgment Notes and Bonds.

On motion read the first time and passed.

Received from the Assembly by Mr. Harvey & Mr. McGuire the following Bills

A Bill to amend and Continue an Act Intituled an Act for dividing the Province into five several Districts and for Establishing a Superior Court of Justice &c.

On motion read the first time and passed.

A Bill to increase the Salary of the Reverd Thomas Burgess Minister of Edgcombe Parish in the County of Halifax.

On motion Read the first time and passed.

-------------------- page 1224 --------------------

Then the House adjourned till 10 o'clock tomorrow Morning


Tuesday Morning 6th Novr 1764
Present
The Honble James Murray Esqr
The Honble Jas Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Euse McCulloh Esqr
The Honble Alexr McCulloh Esqr
The Honble Chas Berry Esqr
The Honble Wm Dry Esqr
The Honble Robt Palmer Esqr
and
The Honble Benjn. Heron Esqr

Received from the Assembly by Mr. Johnston & Mr. M. Moore A Bill to amend & continue an Act Intituled an Act to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province

On motion Read the first time and passed.

Received from the Assembly by Mr. Johnston & Mr. Maur Moore the following Message to wit

Gentlemen of his Majestys Honble Council,

For the preservation of Good Order & Harmony which ought to Subsist between you the Gentlemen of His Majestys Honble Council and this House; We have appointed Mr. Harnett Mr. Starkey Mr. Maur Moore Mr. Elmsley, & Mr. Robt Jones a Committee to settle the Decorum to be Observed between your Honrs and this House on transacting the business of this Province in the several Assemblys hereafter to be held and also the sums that shall hereafter be allowed on the Estimate 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 Journals thereof shall be a general rule to be Observed between the two Houses for Establishing the Proceedings of the same and also for making out the Estimates for the future in conjunction with such of your Honours as you shall think proper to appoint.

JNo ASHE Speaker.

In the Assembly Novr 2d 1764.

The House adjourned till 10 o'Clock to morrow Morning.


Wednesday Morning 7th Novr 1764. The House met according to Adjournment.

Present as before

Received from the Assembly by Mr. Sikes and Mr. Ormond, A

-------------------- page 1225 --------------------
Bill for rendering more effectual the Laws making Lands and other real Estates liable to the payment of Debts.

On motion Read the first time amended & passed.

Then on motion the Message relative to the settling of the Decorum &c. was Ordered to be read, read the same & which was Accordingly taken under consideration and Ordered that the following Message be sent to the Assembly vizt

Mr. Speaker and Gentlemen of the Assembly

Taking into consideration your Message of the 2d November (received yesterday) 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 &c. this House appoint the Honble James Hasell John Rutherford Lewis De Rossett Henry Es McCulloh and Charles Berry Esquires a Committee to confer with the Committee of your House on the principles and to Report accordingly.


7th Novr 1764 In the Upper House
By Order
Jno BURGWIN Clk.

On motion Resolved that this House Resolve into a Committee of the whole House tomorrow Morning in order to take under consideration the standing Rules and Orders of the House and for regulating the same for the future.

On motion Ordered that Mr. Rutherford be added to the Committee of Accounts.

Received from the Assembly by Mr. Robt Howe and Mr. Montfort the following Bills to wit.

A Bill for the Relief of Abram Jones Esquire late Sheriff of Edgcomb County.

A Bill to amend and Continue an Act for dividing this Province into five several Districts and for Establishing a Superior Court &c.

Received from the Assembly by Mr. Simpson & Mr. Blount the following Bills to wit.

A Bill to Ascertain the Method of paying all Taxes and Levies in Comodities.

On motion read the first time and passed.

A Bill to Repeal part of an Act Intituled an additional Act to an Act concerning servants and Slaves.

A Bill to continue an Act Intituled an Act to Establish a Ferry

-------------------- page 1226 --------------------
from Solleys to Relfes point whereon the Court House now stands on Pasquotank River.

A Bill to allow a Drawback on the Exportation of Wines Rum and other distilled Liquors.

On motion Read the first time and passed

A Bill to Increase the Salary of the Revd Thos Burgess Minister of Edgcomb Parish in the County of Halifax.

On motion read the Second time amended and passed.

A Bill for an additional Act to an Act Intituled an Additional Act to an Act to prevent Killing Deer &c.

A Bill to amend and continue an Act Intituled an Act to Establish Inferior Courts of Pleas & Quarter Sessions &c.

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


Thursday Morning 8th November 1764 The House met according to Adjournment

Present as before

Received from the Assembly by Mr. Macklewean & Mr. Giles—the following Bills to wit

A Bill for appointing a Printer to this Province.

On Motion read the first time & passed.

A Bill to continue an Act therein mentioned.

On motion read the first time and passed.

On motion Ordered that the Order of the House be read in consequence of the Resolve of yesterday relative to the standing Rules and Orders of the House for the future, which was Read and

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

The House Resolved into a Committee of the whole House and made choice of the Honble John Rutherford Esqr Chairman who took the Chair accordingly,

Ordered that the Standing Rules and Orders of the House be read which were read accordingly and

After due consideration the Committee came to a Resolution thereon which the Chairman was directed to Report and then On motion The Honble Jas. Murray Esq. resumed his seat as President.

Then the Chairman made his Report as follows vizt That the Standing Rules and Orders of this House as far as the fifth Rule Inclusive be continued to be the Standing Rules and Orders of the House for the future.

Then on Motion the said Report was read and agreed to by the House.

-------------------- page 1227 --------------------

And Ordered that the Sixth Seventh & Eighth Rules be also considered to continue and remain standing Rules of this House and further that the two following Rules be added to the same and be Observed for the future as Standing Rules of the House vizt

That Mr. President when in the Chair, shall not argue or debate or in any manner intermeddle in the Arguments or Debates on any Bill or other matter whatsoever.

That if it be desired by any Member that the House shall Resolve into a Committee, it shall not be refused.

Ordered that the Clerk do insert the foregoing Rules on the Roll of Standing Orders of this House

On motion Ordered that the Bill for an Additional Act to an Act intituled an Additional Act to an Act to prevent killing Deer &c. be read, read the same the second time amended & passed.

Received from the Assembly by Mr. Wynns & Mr. Cray a Bill for Establishing a Town on the Lands of Benjamin Wynns on the West side of Chowan River in Hertford County.

On motion Ordered that the Bill to amend and continue 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 &c. be read. Read the said Bill the second time, and then on motion Resolved that this House resolve into a Committee of the whole House to consider the subject matter of the said Bill.

The House resolved into a Committee of the whole House for the purpose aforesaid and made choice of the Honble James Hasell Esquire for Chairman who took the Chair accordingly

After some consideration the Committee came to a Resolution and then on motion the Honble the President resumed the Chair.

The Chairman reported that the Committee proposed an amendment to the said Bill which he laid before the House and

On motion ordered that the said amendment be made which was accordingly done and then the said Bill was put and passed the second time with amendments.

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


Fryday morning 9th November 1764. The House met according to Adjournment.

Present as before

On motion the Bill for the relief of Abram Jones Esquire late Sheriff of Edgcomb County was read the first time and passed.

On motion the Bill to allow a Drawback on the Exportation of

-------------------- page 1228 --------------------
Wine, Rum and other Distilled Liquors was ordered to lie on the Table for further consideration.

Received from the Assembly by Mr. Simpson and Mr. Frohock a Bill to prevent the unreasonable destruction of fish in the Rivers of Chowan and Meherrin.

On motion read the first time and passed.

Received from the Assembly by Mr. Simpson and Mr. Campbell a Bill to prevent the Exportation of unmerchantable Commodities.

Received from the Assembly by Mr. Frohock & Mr. Kenan a Bill for Establishing a Town on the land of Alexander Cotton on Chowan River.

On motion read the first time and passed.

Received from the Assembly by Mr. McKelwean & Mr. Thomas Jones the following Bills to wit

A Bill to appoint an Agent to Solicit the affairs of this Province at the several Boards in England.

On motion read the first time & passed.

A Bill removing the Seat of the Inferior Court of Dobbs County from Walnut Creek to the Town of Kingston for Establishing a Court House and Building a Clerks Office Prison and Stocks in the said Town.

A Bill to amend an Act therein mentioned concerning Servants and Slaves.

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

A Bill to prevent hunting for and killing Deer in the manner therein mentioned.

On motion read the third time & passed.

Ordered to be Engrossed.

A Bill to Increase the Salary of the Revd Thomas Burgess, Minisister of Edgcomb Parish in the County of Halifax.

On motion read the third time & passed.

Ordered to be Engrossed.

On motion the Bill to amend and continue an Act intituled an Act to Establish Inferior Courts of Pleas & Quarter Sessions &c. was read the second time amended and passed.

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


Saturday morning 10th Novr 1764. The House met according to Adjournment.
-------------------- page 1229 --------------------

Present as before

Recd. from the Assembly by Mr. James Moore & Mr. Blount the following Bills,

A Bill to continue an Act therein mentioned.

A Bill to facilitate the mode of enlarging Insolvent Debtors as to Imprisonment of their persons.

On motion Ordered that the Bill to prevent the Exportation of unmerchantable Commodities be read, Read the said Bill the second time and

On motion Resolved that the House Resolve into a Committee of the whole House to consider the subject matter of the said Bill.

The House Resolved into a Committee of the whole House for the purpose aforesaid and made choice of the Honble Jas. Hasell Esqr for Chairman who took the Chair accordingly.

The Committee proceeded to take the said Bill under consideration and agreed to several Amendments and Resolved that the Chairman Report that they have not had time to finish the same and desire leave to adjourn the Committee till Monday morning. Then on motion Mr. President resumed the Chair and the Chairman Reported accordingly.

Resolved that the Committee sit again on Monday morning.

On motion the Bill to facilitate the mode of enlarging Insolvent Debtors as to the Imprisonment of their persons was read the first time amended and passed.

On motion the Bill to continue an Act therein mentioned was read the second time & passed.

On motion a Bill for Establishing a Town on the Lands of Benjamin Wynns on the West side of Chowan River in Hertford County was read

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


Monday morning 12th November, 1764. The House met according to Adjournment.
Present
The Honble James Murray Esquire.
The Honble James Hasell Esquire.
The Honble John Sampson Esquire.
The Honble Henry E. McCulloh Esquire.
The Honble Alexr McCulloh Esquire.
The Honble Wm Dry Esquire.
and
The Honble Robert Palmer Esquire.

On motion the Bill to Encourage Alexander Moore to Build a Bridge over Rock fish Creek near the mouth of the same in Bladen County was read the first time and passed.

-------------------- page 1230 --------------------

Recd. from the Assembly by Mr. Sykes & Mr. Campbell the following Bills

A Bill for appointing a Printer to this Province.

A Bill for continuing an Act therein mentioned.

On motion read the first time & passed.

A Bill to ascertain who shall pay Costs on Bills of Indictment preferred on presentment made against any person or persons within this Province.

On motion the last mentioned Bill was read the first time and Ordered to lie on the Table for consideration.

A Bill for making adequate Allowances to the members of His Majestys Council and members of the Assembly for their Services in attending the general Assemblies.

On motion read the first time and passed.

A Bill to Establish a toll for keeping the Public Road from Negrohead Point to Mount Misery in due Repair.

The Order of the day being Read on motion Resolved that the Committee sit further to consider the Bill to prevent the Exportation of unmerchantable Commodities. The Committee accordingly sat and agreed to several amendments which the Chairman was directed to Report and then on motion Mr. President resumed the Chair.

The Chairman Reported that the Committee had considered the said Bill and proposed several Amendments which were laid before the House, and on motion Ordered that the said amendments be inserted in the said Bill which were accordingly done and then the said Bill was again Read, and Ordered that it be again taken under further consideration tomorrow morning.

Recd. from the Assembly by James Moore & Mr. Jno Blount the following Bills

A Bill for regulating the Pilotage of Cape Fear River & other purposes.

A Bill for dissolving the Vestry of St James's Parish & other purposes.

On motion read the first time & Rejected.

A Bill to ascertain the method of Paying all Taxes and Levies in Commodities.

On motion read the second time and Rejected.

A Bill for rendering more effectual the Laws making Lands and other real Estates lyable to the payment of Debts.

-------------------- page 1231 --------------------

A Bill for the relief of Abram Jones Esqre former Sheriff of Edgcomb County.

On motion read the second time amended & passed

A Bill for altering the Dividing Line between the Counties of Dobbs and Pitt and for Establishing a public Ferry at the Red Banks in Pitt County.

A Bill to amend & continue an Act Intituled an Act to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

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


Tuesday morning 13th November 1764
Present
The Honble Jas. Murray Esqr
The Honble Jas. Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble H. E. McCulloh Esqr
The Honble Alexr McCulloh Esqr
The Honble Wm Dry Esqr and
The Honble Robt Palmer Esqr
The Honble John Sampson Esqr

On motion the Consideration of the Bill to Prevent the Exportation of unmerchantable Commodities was again Resumed and passed the second time with amendments.

Received from the Assembly by Mr. Harvey & Mr. Elmsley the following Bills to wit

A Bill to continue an Act therein mentioned.

A Bill for continuing an Act therein mentioned.

A Bill to appoint an Agent to Solicit the affairs of this Province at the several Boards in England.

A Bill to encourage Alexander Moore to Build a Bridge over Rock fish Creek near the Mouth of the same in Bladen County.

A Bill for making Adequate allowances to the Members of his Majestys Honble Council and Members of Assembly for their Services in attending the General Assemblys.

Received from the Assembly by Mr. Harvey & Mr. Elmsley the following message vizt

Gentlemen of His Majestys Honble Council

The Chairman of the Committee appointed to state and settle the Public Accounts of this Province having reported that Thomas Barker Esquire late Treasurer of the Northern District by Mr. Samuel Johnston hath paid into the said Committee £3726.11.9 on the sinking Fund and £699.10s in Interest notes and the Interest thereon

-------------------- page 1232 --------------------
£55.9.2 amounting to £4481.10.11 and from John Starkey Esquire Treasurer of the Southern District £359 in Uttered notes and £389 In Interest Notes and Interest thereon £34.2.1 and also Twenty Five hundred and Eighty seven pounds four shillings and Eight pence on the Sinking Fund amounting to £3369.6.9 and from Joseph Montfort Esquire Treasurer of the Northern District £857.4.3 on the Sinking Fund, In Interest Notes £388.10 Interest thereon £32.18.10 amounting in the whole to £1278.13.1 which said several sums paid in as above said by the said Thomas Barker, John Starkey & Joseph Montfort amount to £9129.10.9 and are by law to be Burnt. This House have therefore appointed a Committee of the whole House in conjunction with such of your Honours as you shall think fit to see the said sum burnt at the House of John Campbell in Wilmington at four o'clock to-morrow afternoon.

JNo ASHE Speaker.
By Order
Wm Herritage Clk.

13th Novr 1764.

On motion the foregoing message was taken under consideration and Ordered that the following message be sent to the Assembly,

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 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


13th Novr 1764.
By Order
J. B. Clk

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

A Bill for altering the Boundary Line between the Countys of Northampton & Hertford.

A Bill to confirm an Agreement made with the Chiefs of the Tuskarora Indians and Thomas Whitmill, Thomas Pugh, William Williams and John Watson.

A Bill to confirm the Vestry already chosen for the Parish of St Johns in the County of Bute and to enable the sheriff of the Countys

-------------------- page 1233 --------------------
of Pasquotank & Currituck to Elect Vestries and for other purposes therein mentioned.

A Bill to prevent the pernicious practice of taking Judgment Notes & Bonds.

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


Wednesday morning 14th Novr 1764. The House met according to adjournment.

Present as before

Received from the Assembly by Mr. Harnett and Mr. M. Moore the following Bills to wit

A Bill to enable Wm Dry Esquire to make a Road across Eagles Island from Wilmington to a Plantation of the said William Dry on the North West River.

On motion read the first time and passed.

A Bill for Regulating Proceedings in the Court held for the Borough of Wilmington.

On motion read the first time & passed.

A Bill to amend an Act therein mentioned.

On motion read the first time & passed.

A Bill for the relief of Insolvent Debtors.

On motion the Bill for removing the seat of the Inferior Court of Dobbs County from Walnut Creek to the Town of Kingston for Establishing a Court House and Building a Clerks Office Prison & Stocks in the said Town was read the first time and Rejected.

On motion Ordered that the following Bills be read

A Bill for rendering more effectual the Laws making Lands and other real Estates lyable to the Payment of Debts. Read the second time amended and passed.

A Bill for appointing an Agent to Solicit the affairs of this Province at the several Boards in England. Read the second time amended and passed.

Received from the Assembly by Mr. Montfort and Mr. Baker the following Bills to wit

A Bill to prevent the Exportation of unmerchantable commodities.

A Bill for the relief of Abram Jones Esqr former Sheriff of Edgcomb County.

A Bill for enlarging the time of saving Lotts in the Town of Halifax and other purposes.

Then the House adjourned till 10 o'clock tomorrow.

-------------------- page 1234 --------------------

Thursday Morning 15th Novr 1764. The House met according to adjournment.

Present as before

On motion the following Bills were Ordered to be read

A Bill to confirm an Agreement made with the Chiefs of the Tuskarora Indians & Thomas Whitmill & others. Read the first time & passed.

A Bill to confirm the Vestry already chosen for the Parish of St Johns in the County of Bute &c. Read the first time & passed.

A Bill for enlarging the Time of saving Lotts in the Town of Halifax & other purposes. Read the first time & passed.

A Bill for altering the Boundary Line between the Counties of Northampton & Hertford. Read the first time & passed.

A Bill for altering the Dividing Line between the Countys of Dobbs & Pitt &c. Read the first time & passed.

On motion Ordered that the Bill to amend and continue an Act Intituled an Act to Establish Inferior Courts of Pleas & Quarter Sessions in the several Counties in this Province, be read

The said Bill was read the third time and Ordered that the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly,

On reading for the third time the Bill to amend and continue an Act Intituled an Act to Establish Inferior Courts of Pleas & Quarter Sessions &c.

We would propose the following amendments thereto to dele that part of the amendments made by you on your third reading marked A which repeal the Eleventh & Twelfth Section of the Inferior Court Act passed at New Bern in 1762 and declare the proceedings to be had on the Clerks Bonds.

That in order to secure to his Excellency & His Successors the regular payment of their Fees from the County Clerks the following Clause be inserted in the Bill.

And whereas the method appointed by Act of Assembly for Obliging the Clerks of the Inferior Courts to account with the Governor or Commander in Chief for the time being hath proved ineffectual; Be it further Enacted by the Authority aforesaid that when a motion shall be hereafter made against any Clerk for Fees which such Clerk ought to be accountable for to the Governor or Commander in Chief, the sum supposed to be due shall be specified in the Notice served on such Clerk (at least ten days before such

-------------------- page 1235 --------------------
motion) who on appearing thereto shall render an account upon Oath for all such Monies as he hath or ought to have received for such Governor or Commander in Chief and pay the same; and on failing so to do the Court shall give Judgment for the whole sum mentioned in such Notice and award Execution thereon.

To which amendments if you agree in substance, you will please to send some of your Members to see the same made.

By Order
J BURGWIN Clk.

15th Novr 1764.

On motion the following Bills were Ordered to be read vizt

A Bill for regulating Coffee Houses. Read the first time and passed.

A Bill to encourage the Building of Bridges over Rockfish Creek. Read the second time amended & passed.

A Bill for appointing a Printer to this Province. Read the second time amended and passed.

A Bill to prevent the pernicious practice of taking Judgment Notes & Bonds. Read the third time & Rejected.

A Bill for the Relief of Abram Jones Esqr former Sheriff of Edgcomb County. Read the third time & passed: Ordered to be Engrossed.

A Bill for Continuing an Act therein mentioned. Read the second time and passed.

A Bill for regulating the Pilotage of Cape Fear River and other purposes. Read the first time amended and passed.

Received from his Excellency the Governor the following Message vizt

I recomend to your Consideration a provision for the Wages of the Members of both Houses, and that the same may be not only more adequate to their expence than the present allowances but also proportioned to the privileges of the several Counties. I therefore recomend that the several Counties after this Session pay their respective Members and that the sum be ascertained in Sterling Money, payable at the current rate of Exchange.

ARTHUR DOBBS.

15th Novr 1764.

Received from the Assembly by Mr. Thomas Jones and Mr. Montfort the following Message to wit,

-------------------- page 1236 --------------------

Gentlemen of His Majesty's Honble Council,

On reading and considering your Message of this day relative to the amendment by you proposed to the Inferior Court Bill this House do agree to that amendment and have sent Mr. Thomas Jones and Mr. Montfort two of the Members of this House to see the same inserted.

JNo ASHE Speaker.
By Order
Wm Herritage Clk.

15th Novr 1764

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

A Bill to appoint an Agent to Solicit the affairs of this Province at the several Boards in England.

A Bill to prevent the unreasonable Destruction of Fish in Rivers of Meherrin Pedee & Catawba.

On motion read the second time & passed.

Then on motion the amendments proposed to the Bill to amend and continue an Act Intituled an Act to Establish Inferior Courts of Pleas &c. were inserted in presence of Mr. Thomas Jones and Mr. Montfort. And then on motion the said Bill was put and passed the third time with amendments. Ordered to be Engrossed

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


Fryday Morning 16th November 1764. The House met According to Adjournment.

Present as before

On motion Ordered that the Bill to prevent the Exportation of unmerchantable Commodities, be read Read the third time and Ordered that the following Message be sent to the Assembly, to wit,

Mr. Speaker & Gentlemen of the Assembly,

On reading a third time the Bill to prevent the Exportation of unmerchantable Commodities, we find our Selves under an Indispensable Necessity of proposing the following amendment, vizt

Page 4 Line 17. That Blounts Creek Durham's Creek & South Dividing Creek be dele'd, as well as the following Section begining in the 22d Line page 5 vizt

“And at all such other places as the Justices of the several Counties shall from time to time Order and Direct Provided Nevertheless that if the Merchant willing to Purchase and the Planter willing to sell any of the Comodities aforesaid shall be desirous of

-------------------- page 1237 --------------------
having any of them inspected at any convenient Landing which is not by this Act appointed a place of Public Inspection, It shall and may be lawfull for any Inspector of the County wherein such Landing is to attend and Inspect the same according to the Rules and directions herein mentioned anything herein contained to the Contrary notwithstanding” And to insert the following Proviso in its stead vizt

Provided nevertheless that any person or persons having at any Landing which is not by this Act appointed a place of Public Inspection a quantity of Merchandize for Exportation and being desirous to ship the same directly on Board a Vessell for Exportation from such Landing It shall and may be Lawfull for such person or persons Intending to ship and Export the said Merchandize as aforesaid to call any Inspector who is hereby required to inspect and Brand the same under the Rules and Directions herein mentioned anything in this Act contained to the contrary notwitstanding.”

That at Letter B page 10, be inserted these words—“Contain thirty One Gallons & a half and”

And in regard to the Public faith for the Prosperity of the back Country in particular and of the Province in general as well as to prevent disputes we propose to stet that Clause which you dele'd in your last reading for “confirming the Bounty on Hemp & Flax.”

To these amendments if you agree please to send some of your Members to see them made in the said Bill.

Received from the Assembly by Mr. McGuire and Mr. Leech the following Message vizt

Gentlemen of his Majestys Honble Council,

On reading your Message of this day relative to the amendment you proposed to the Bill to prevent the Exportation of unmerchantable Commodities This House agree to such amendments and herewith send Mr. McGuire and Mr. Leech two of the Members of this House to see the same inserted in the said Bill.

JNo ASHE Speaker.
By Order
Wm Herritage Clk.

15th November 1764

The amendments agreed to were inserted in the said Bill in presence of Mr. McGuire & Mr. Leech the Members sent by the Assembly

-------------------- page 1238 --------------------
for that purpose. And on Motion the said Bill was put & passed the third time with amendments.

Ordered to be Engrossed.

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

A Bill for continuing an Act therein mentioned.

A Bill to appoint a Printer to this Province.

A Bill to encourage Alexander Moore to Build a Bridge over Rockfish Creek near the mouth of the same in Bladen County.

A Bill to amend an Act therein mentioned.

A Bill for making Adequate allowances to the Members of His Majesty's Honble Council and Members of the Assembly for their Services in attending the general Assemblies.

A Bill to amend and continue 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.

A Bill for rendering more effectual the Laws making Lands and other Real Estates liable to the Payment of Debts.

A Bill for enlarging the time of saving Lots in the Town of Halifax and other purposes.

On Motion read the second time and passed.

A Bill for altering the Dividing Line between the Counties of Northampton & Hertford.

On Motion read the second time and passed.

A Bill to Enable William Dry Esquire to make a Road across Eagles Island from Wilmington to a Plantation of the said William Dry on the North West River.

On Motion read the second time amended & passed.

A Bill to confirm the Vestry already chosen for the Parish of St Johns In the County of Bute and to Enable the Freeholders of Pasquotank Anson & Currituck to Elect Vestries.

On Motion read the second time and passed.

Then the House adjourned till 10 o'clock tomorrow Morning


Saturday Morning 17th November 1764

Present as before.

On Motion the Bill to amend and continue an Act intituled an Act for dividing the Province into five several Districts & for Establishing a Superior Court of Justice in each of said Districts &c. was

-------------------- page 1239 --------------------
read the third time and Ordered that the following Message be sent to the Assembly,

Mr. Speaker & Gentlemen of the Assembly,

On reading the third time the Bill to Amend and continue an Act intituled an Act for Dividing this Province into five several Districts &c. we would propose to amend the same by steting the two Clauses dele'd by you on your third reading relative to the allowances to the Associates of Halifax Edenton New Bern & Wilmington Districts for the Courts they Actually attend; and the repeal of the fourth Section of the Superior Court Act passed at New Bern in 1762.

If you think proper to agree to these Amendments you will please to send some of your members to see the same made.


17th Novr 1764
By Order
J. B. Clk.

On motion the following Bills were Ordered to be read vizt.

A Bill to continue an Act intituled an Act to establish a Ferry from Solleys Point to Relfes Point whereon the Court House now stands on Pasquotank River.

Read the first time & passed.

Then the House adjourned till Monday morning 10 o'clock


Monday morning 19th Novr 1764.

Present as before

Received from the Assembly by Mr. Harnett & Mr. Leech a Bill for Regulating the Proceedings in the Court held for the Borough of Wilmington.

On motion read the second time amended & passed. Sent to the Assembly.

Received from the Assembly by Mr. Gray & Mr. Parsons the following Bills vizt

A Bill for regulating the Pilotage of Cape Fear River and other purposes.

A Bill for enlarging the time of saving Lots in the Town of Halifax and other purposes.

A Bill for regulating proceedings in the Court held for the Borough of Wilmington

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

A Bill to enable William Dry Esquire to make a Road across

-------------------- page 1240 --------------------
Eagles Island from Wilmington to a Plantation of the said William Dry on the North West River.

A Bill to confirm the Vestry already chosen for the Parish of St Johns in the County of Bute and to enable the Freeholders of Pasquotank Anson & Currituck to Elect Vestries.

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

A Bill to continue an Act Intituled an Act to Establish a Ferry from Solley's Point to Relfes Point whereon the Court House now stands on Pasquotank River.

A Bill to prevent the unreasonable Destruction of Fish in the Rivers of Meherrin Pedee & Catawba.

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

A Bill for altering the Boundary Line between the Countys of Northampton & Hertford.

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

On motion the following Bills were Ordered to be read

A Bill for making Adequate allowances of the members of his Majestys Honble Council and members of the Assembly for their Services in attending the General Assemblies. Read the third time & Rejected

A Bill to appoint an Agent to Solicit the affairs of this Province &c. Read the third time & Rejected

A Bill for Rendering more effectual the Laws making Lands and other Real Estates liable to the Payment of Debts, Read the third time and Ordered that the following Message be sent to the Assembly vizt.

Mr. Speaker and Gentlemen of the Assembly

On reading for the third time the Bill for rendering more effectual the Laws making Lands and other Real Estates liable to the Payment of Debts.

We would propose to amend the same by steting these words following dele'd by you on your third reading in the Proviso amended to first page of the said Bill, to wit, “before Action or Suit brought and dele these words steted by you as above before such Lands or other Real Estate were adjudged to be Assets for paying his or her Debts as aforesaid.”

We think it necessary and therefore proper to stet these words “By Virtue of a Writ of Venditioni Exponas which the Court is

-------------------- page 1241 --------------------
hereby required to issue for that purpose and to proceed in the Sale of the said Lands” And to dele “to proceed in compleating the execution of such Writ according to the command thereof” beginning in the upper Line of the last page.

If you agree to these amendments please to send two of your members to see them made.

By order
BURGWIN Clk.

19th Novr 1764.

Then the House adjourned till 8 o'clock tomorrow morning


Tuesday morning 20th November 1764. The House met according to adjournment.
Present
The Honble Jas. Murray Esqre
The Honble Jas. Hasell Esqre
The Honble Jno. Rutherford Esqre
The Honble Lewis De Rossett Esqre
The Honble John Simpson Esqre
The Honble Alexr McCulloh Esqre
The Honble Wm Dry Esqre
The Honble Robert Palmer Esqre
and
The Honble Benjamin Heron Esqre

On motion the Bill for the Relief of Insolvent Debtors was read the second time amended and passed.

Recd. from the Assembly by Mr. Williams & Mr. Giles the following message, to wit,

Gentlemen of His Majestys Honble Council

In answer to your message relative to the amendments you propose to the Bill to amend & continue an Act intitled an Act for Dividing this Province into five several Districts and for establishing a Superior Court of Justice &c, we must inform you that we cannot agree thereto and must adhere to the Bill as sent you from us on our third reading.

JOHN ASHE Speaker.
By order
Wm Herritage Clk

17th Novr 1764

On motion the said Bill was read the third time & passed. Ordered to be Engrossed.

Recd. from the Assembly by Mr. McGwire & Mr. M. Moore the following message, to wit,

Gentlemen of his Majestys Honble Council

In answer to your message of yesterday wherein you proposed

-------------------- page 1242 --------------------
several amendments to the Bill for rendering more effectual the Laws making the Lands and other Real Estate Liable to the payment of Debts we must Acquaint you we cannot agree to such amendments and particularly the last as it would entirely destroy the Chief Intent of the Bill which is to secure the title of Purchasers under a Sale of a removed or a deceased Sheriff, & hope you will pass the Bill as sent you from us.

JOHN ASHE Sp
By order
Wm Herritage Clk.

20th Novr 1764

Then on motion the said bill was read the third time & passed. Ordered to be Engrossed.

Recd. from the Assembly by Mr. Moore & Mr. McGwire the following message

Gentlemen of his Majesty's Honble Council,

This House have resolved that the sum of One hundred and thirty three pounds six shillings and Eight pence be paid to the Post Master General if he shall cause a proper person or persons to ride Post thro' this Province and carry the Public Dispatches and Letters to and from Suffolk in Virginia unto the Southern Boundary of this Province once every fortnight during the term of one year and that the said One hundred and thirty three pounds six shillings & eight pence shall be paid by the Treasurers of this Province out of the fund for contingencys by a warrant from the Governor or Commander in Chief of this Province and desire your Honrs Concurrence thereto.

JOHN ASHE Sp.
By Order
Wm Herritage Clk.

20th Novr 1764.

20th Novr . In the upper House Concurred with.
JAS. MURRAY P. C.

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


Wednesday Morning 21st Novr 1764.

Present as before

On motion the following Bills were Ordered to be read vizt

-------------------- page 1243 --------------------

A Bill for regulating the Pilotage of Cape Fear River and other purposes. Read the second time amended & passed.

A Bill to amend an Act therein mentioned concerning Roads. Read the second time amended & passed.

On motion the Bill to enable Wm Dry Esqr to make a road across Eagles Island from Wilmington to a Plantation of the sd Wm Dry on the North West River, read the third time and Ordered that the following Message be sent to the Assembly (to wit)

Mr. Speaker and Gentlemen of the Assembly.

On reading for the third time the Bill to enable Wm Dry Esqr to make a Road across Eagles Island from Wilmington to a Plantation of the said Wm Dry on the North West River.

We would propose to dele the word Driver in that Clause relative to the rates of Ferriages and again to insert “Passengers” Obliterated by you on your third reading.

We would also propose to dele the subsequent Clause in the third and fourth pages and substitute in its stead the several Clauses herewith sent you.

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

21st Novr 1764. In the Upper House

By Order
J BURGWIN Clk.

On motion the Bill for continuing an Act therein mentioned was read the third time and passed. Ordered to be Engrossed.

On motion the Bill for appointing a Printer to this Province was read the third time & Rejected.

Recd. from the Assembly by Mr. McGwire & Mr. Starkey the following Message to wit

Gentlemen of his Majesty's Honble Council

In answer to your Message of this day wherein you propose several amendments to the Bill to Enable William Dry Esqr to make a Road across Eagles Island from Wilmington to a plantation of the said William Dry on the North West River this House concurr with you in such amendments and send herewith Mr. Starkey

-------------------- page 1244 --------------------
& Mr. McGwire two of the Members thereof to see them inserted in the said Bill.

JOHN ASHE, Speaker.
By order
Wm Herritage Clk.

21st Novr 1764

Then the said amendments were made in presence of the members for that purpose sent and the Bill put and passed. Ordered to be Engrossed.

Received from the Assembly by Mr. McGwire & Mr. Starkey the following Message &c.

Gentlemen of His Majesty's Honble Council,

In the Bill for regulating proceedings in the Court held for the Borough of Wilmington, we beg leave to inform your Honrs that the Clerk of our House has made a mistake in the inserting these words to wit “Between persons resident in the Borough & Transient persons not residing in the Province” only in the preamble, whereas it was the intention of this House that the same should have been also inserted in the enacting Clauses of the said Bill and as this is a matter very unusual in its nature we desire the concurrence of your Honrs that the words may be inserted according to the sense of this House or the same may be done in any other manner as your Honrs shall esteem more consistent with the rules of Parliament.

JOHN ASHE, Speaker.
By Order
Wm Herritage Clk.

21st Novr 1764

On motion the foregoing Message was Ordered to be read, the same was accordingly read and taken under Consideration and Resolved that the said Message contains matter entirely new inconsistant and unparliamentary

Resolved that the following Message be sent to the Assembly vizt.

Mr. Speaker and Gentlemen of the Assembly,

On considering your Message relative to a mistake said by you to be made by your Clerk in the Bill for regulating Proceedings in the Court held for the Borough of Wilmington, we cannot help observing with what impropriety it would appear after a Bill has been solemnly Debated read and passed three times in each House and an Order passed for Engrossing of it, That the Bill should be again

-------------------- page 1245 --------------------
debated, and on finding that certain words are wanting to answer particular purposes altered, this would be a proceeding so entirely new and unparliamentary that we cannot concur with you in your Message to give the Bill a fourth reading, nor can we agree with you to have inserted Words that would so essentially destroy the good tendency of the Bill in question.

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


Thursday morning 22nd November 1764.

Present as before.

Received from the Assembly by Mr. Starkey & Mr. Montfort the following Bills and Message to wit.

A Bill for the relief of Insolvent Debtors.

A Bill for regulating the Pilotage of Cape Fear River & other purposes.

Gentlemen of His Majesty's Honble Council

This House on consideration had of the Proposals laid before us by Benjamin Heron and Robert Palmer Esquires for the Purchase of the Money in England due to this Province Have Resolved that John Starkey & Joseph Montfort Esqrs the public Treasurers be impowered and directed so soon as the said Benjamin Heron & Robert Palmer shall pay into the Treasury of this Province in Proclamation Money for the one half of the said Money in England at the Exchange of 100 pr Cent on Sterling & shall give them sufficient security for paying the other half when they or their Agents or factor shall receive the said Money to make & execute such power in writing under their hands and seals as shall be thought proper for Impowering the said Benjamin Heron and Robert Palmer their Agent or Factors to receive the said Money belonging to this Province in England and give sufficient discharges for the same and desire your Honours Concurrence.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk

22d Novr 1764

In the Upper House the foregoing Resolve was taken under consideration and concurred with

Ja. MURRAY President.
By Order
Burgwin Clk.

22nd Novr 1764
-------------------- page 1246 --------------------

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


Fryday morning 23rd November 1764.

Present as before

On motion Ordered that the Bill for regulating the Pilotage of Cape Fear River and other purposes, be read, the said Bill was Accordingly read and Ordered that the following Message be sent to the Assembly.

Mr. Speaker and Gentlemen of the Assembly

On reading for the third time the Bill for regulating the Pilotage of Cape Fear River &c. We observe that you have dele'd the name of William Dry and inserted in his stead John Paine as one of the Commissioners of the Pilotage of Cape Fear River which we can by no means agree to, and therefore propose to stet Wm Dry in the Eighth line, and dele John Paine in the tenth Line in the first page of the said Bill—

We would further propose that the following Clause be inserted in the Bill, to wit

And be it further Enacted by the authority aforesaid—that the Master or Commander of any Vessell who shall send for or take on Board a Pilot to conduct such Vessell from one place to another in the said River and shall afterwards delay transporting the said Vessell Wind and weather permitting the Master or Commander thereof shall pay unto the Pilot attending eight shillings Proclamation Money pr Diem for each and every day he shall be detained.

If you agree to these amendments please to send two of your Members to see the same done.


23rd Novr 1764
By Order
BURGWIN Clk

Recd from the Assembly by Mr. Howe and Mr. Harnett a Bill to restrict the power of Overseers of Roads in the Counties therein mentioned and other purposes.

On motion read the third time and Rejected.

Received from the Assembly by Mr. Harvey & Mr. Starkey the Report of the Committee of Accounts and Claims approved of and allowed there and sent for the Concurrence of this House.

On motion the Bill for the Relief of Insolvent Debtors was read the third time and Rejected.

Received from the Assembly by Mr. Harnett & Mr. Gray the following Message vizt

-------------------- page 1247 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day regarding the Amendment therein proposed to the Bill for Regulating the Pilotage of Cape Fear River &c. This House agree thereto and herewith send Mr. Harnett and Mr. Gray two of the Members of this House to see the said amendments Inserted in the said Bill.

JOHN ASHE Speaker.
By Order
Wm Herritage Clk.

23d Novr

Then the alterations proposed and agreed to were inserted in the said Bill in presence of the Members sent for that purpose.

Then the Bill was again read the third time and passed with amendments. Ordered to be Engrossed.

Resolved that the Honble Henry Eustace McCulloh and Robert Palmer Esquires be a Committee Jointly to examine the Bills yet remaining unexamined of those passed this Session and that each of them sign the initial letters of their name on each Engrossed copy.

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


Saturday Morning 24th November 1764.

Present as before

His Excellency having signified in Council his Intention to depart the Government In pursuance of leave of Absence which he hath obtained from his Majesty

Resolved that the Honble Henry Eustace McCulloh Robt Palmer & Benjamin Heron Esqrs be a Committee of this House to prepare an address to his Excellency on that Occasion.

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


Monday Morning 26th Novr 1764.
Present
The Honble Jas Murray Esqr
The Honble Henry E. McCulloh Esqr
The Honble Jas Hasell Esqr
The Honble Alexr Mc Culloh Esqr
The Honble Jno Rutherford Esqr
The Honble Wm Dry Esqr
The Honble Lewis De Rossett Esqr
The Honble Robt Palmer Esqr
The Honble John Sampson Esqr
The Honble Benjn Heron Esqr

On motion the House took under consideration the Report of the Committee of Claims and Ordered that the following Message be sent to the Assembly to wit,

-------------------- page 1248 --------------------

Mr. Speaker & Gentlemen of the Assembly,

On considering the Reports of the Committee of Public Claims we observe that you have not allowed Fredk Gregg his claim of thirty pounds one shilling & five pence as Store &c. nor His Excellency the Governors Claim of £50 for House Rent &c. we are unanimously of opinion that those Claims shod be allowed and desire your Concurrence.

And on Considering the Report of the Committee of Accts approved of by you & sent for concurrence we find ourselves at a loss to Know your Opinion upon the Article relative to Saml Smith Esqr and therefore have for Expedition appointed the Honble Lewis De Rossett and Robt Palmer Esqrs to confer with such of your Members as you think proper to appoint for that purpose to Meet & Report as soon as possible.

By Order
J. B. Clk.

26th Novr

Received from the Assembly by Mr. Cray & Mr. Leech the followg Resolve vizt

Resolved that Andrew Stewart, Printer, for His Voyage Trouble and expence in coming to this Province in consequence of the Committees Letters be paid One hundred Pounds Proclamation Money out of the Treasury from the Contingent fund.

to the above resolve desire your Honrs Concurrence.

JNo ASHE, Speaker.
By Order
Wm Herritage Clk.

26th Novr 1764

26th Novr In the Upper House concurred with

JAS. MURRAY presidt
By Order
J Burgwin Clk.

Received from the Assembly by Mr. Cray & Mr. Leech the following Message vizt

Gentlemen of his Majestys Honble Council.

This House have resolved that James Davis of the Town of New Bern be appointed to Print the Laws & Journals of this Session of Assembly and all Public Acts of Government and that he transmit two copys of the said Laws and Journal to His Excellency the Governor one Copy to each Member of His Majesty's Council One copy to each Member of Assembly Fifteen copys of the Laws to each

-------------------- page 1249 --------------------
County within this Province for the use of the Justices thereof One Copy to each Clerk of the Superior Court and one copy to the Clerk of each Inferior Court which shall be transmitted and delivered to the persons who ought to receive the same within three Months after the said James Davis shall receive attested Copys of the said Laws and Journal of the last Session of Assembly he shall be paid the sum of Two hundred Pounds Inclusive of what Monies he may have received from John Starkey Esqr since the last Session and if he shall be guilty of any neglect in Complying with this Resolve there shall be a Deduction out of such allowance made by the Assembly and desire your Honrs Concurrence thereto.

JNo ASHE Speaker.
By Order
Wm Herritage Clk.

26th Novr 1764

Received the estimate of allowances of the lower House of Assembly.

The Committee appointed to draw up an address to His Excellency on his approaching Departure Reported that they had prepared the same which was Ordered to be read the same was accordingly read & Resolved that it stand the address of this House and be entered on the Journals thereof as follows (to wit)

The Humble address of the Upper House of Assembly

May it please your Excellency

We his Majesty's Dutifull & Loyal Subjects the Council of this Province on the approaching Departure of your Excellency Most sincerely desire to tender you our unfeigned & most Gratefull Acknowledgment for the many real and important services derived to this Province during the Course of your Excellencys Government.

Your Excellencys wise Steady and uniform Administration has always been best calculated (Judging from Consequences) for promoting His Majestys Service and at the same time productive of the best and most extensive advantages to his Majesty's Loyal Subjects.

We are happy in being able to distinguish that Administration not only unsullied but publickly tried and benevolent; as such yours demands our gratefull acknowledgments. We flatter ourselves from our future prospects, that your Successor whom His Majesty has been pleased to appoint Lieut Governor will from his universal good Character

-------------------- page 1250 --------------------
be equally successfull in your Absence in his Endeavours to promote the prosperity and welfare of this Province.

And we most ardently wish your Excellency all happiness and prosperity with an agreeable arrival in Britain and a speedy recovery of your health together with a most gracious and cordial reception from His Majesty & his Ministers for your unwearied endeavours to serve his Interest and the Province.

JA MURRAY Presidt
By Order
J. Burgwin Clk

20th Novr 1764

This House waited on His Excellency & by the President presented him with their Address to which his Excellency was pleased to return the following Answer.

Honble Gentlemen of His Majestys Council,

I return you my sincere and hearty thanks for your Kind Address upon my approaching Departure from this Province.

Your Kind acknowledgment and approbation of my Endeavours to serve His Majesty and to promote the true Interest and Welfare of this Colony by my promoting a happy Union between his Majesty and the Inhabitants of this Province (as it has been my constant Intention) gives me the greatest pleasure; and upon my return to his Royal presence I shall truly inform his Majesty of your constant Endeavours to promote his service and the public advantage of the Colony.

ARTHUR DOBBS.

Then the House adjourned till 9 o'clock tomorrow Morning


Tuesday Morning 27th November 1764.

Present as before

Received from the Assembly by Mr. Harvey & Mr. Harnett the following Message vizt

Gentlemen of His Majestys Honble Council

In answer to your Message relative to the claim made by Mr. Gregg we must observe that as he must have known from a Resolve of last Session of Assembly that no further allowance would be made him as Store Keeper &c. It is our opinion he is by no means intitled to £30.1.5 disallowed by the Committee of Claims.

It is with concern we inform your Honrs we cannot concur with

-------------------- page 1251 --------------------
you in admitting His Excellencys Claim of Fifty Pounds for House rent &c. but shall agree with you in allowing him that sum for the Extraordinary expense he hath been at in attending this Session.

We are sorry you shod be at a loss on the Report of the Committee of Accounts respecting Sam1 Smith Esqr as we think the Committee have been very explicit on that Subject but for your further Satisfaction have appointed Mr. Harvey & Mr. Harnett to confer wth the members of His Majestys Honble Council. Nominated by you for that purpose.

JNo ASHE Speaker.
By Order
Wm Herritage. Clk.

Recd. from the Assembly the following Resolve vizt.

Gentn of His Majesty's Honble Council,

This House have Resolved to allow His Excellency the Governor Fifty Pounds for his Extraordinary Expense this Session and desire your Honrs Concurrence.

JNo ASHE, Speaker.
By Order
Wm Herritage Clk.

27th Novr 1764

27th Novr In the Upper House concurred with

JA MURRAY Presdt
By Order
Burgwin Clk.

On motion the Estimate of allowances of the Assembly amounting to £1117.19.6 was read taken under Consideration & Concurred with and sent to the Assembly.

Received from the Assembly by Mr. Parsons & Mr. Sykes the following Message to wit

Gentlemen of His Majesty's Honble Council,

The Committee of this House appointed to confer with Robert Palmer & Lewis De Rossett Esqrs two of your members relative to the allowance of the £1000 to Samuel Smith of London Esqr having Reported that your Honrs propose to dele the words (as) and the words (never was appointed Agent for this Province) in the Report of Accounts, we cannot agree thereto therefore desire your Honrs will Concurr with the said Report as made by the Committee of Accounts.

JNo ASHE Speakr
By Order
Wm Herritage Clk.

27th Novr 1764.
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On considering the Public Accounts Reported by the Committees we perceive that the Treasurers have Rendered them in a manner not easily to be understood for want of form.

Resolved that the Concurring with the Report on the Accounts this Session, shall not be construed an Approbation of the Treasurers in Order to comply with the Condition of their Bonds, shall render their Accounts from the Commencement of Mr. Montfort's Office in such a regular form as shall be prescribed.

Resolved that the Clause in the Reports relative to Sam1 Smith Esqr shall not be construed to express the meaning of this House with regard to his appointment as Agent to this Province.

Sent to the Assembly the Report of the Committee of Accounts and claims concurred with as pr Resolve.

Sent to the Assembly the Estimate of this House for their Concurrence and received it back concurred with except the Charge of Sixteen Pounds for Chairs, Tables &c.

Then the Consideration of the Resolve relative to James Davis was taken under consideration and Ordered to be read the same was read and Rejected.

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

1 An Act to amend & Continue an Act for Establishing Superior Courts &c.

2 An Act to amend & continue an Act for Establishing Inferior Courts &c.

3 An Act to amend an Act directing the method of appointing Jurymen &c.

4 An Act to render more effectual the Laws making Lands &c. liable to paymts of Debts.

5 An Act to prevent the Exportation of unmerchantable Comodities.

6 An Act for Regulating the Pilotage of Cape Fear River.

7 An Act to Regulate the proceedings of a Court held for the Borough of Wilmington.

8 An Act for Enlarging the time of saving Lotts in the Town of Halifax.

9 An Act concerning Servants & Slaves.

10 An Act to confirm the Vestry in Bute County &c.

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11 An Act to increase the Salary of the Revd Mr. Thomas Burgess &c.

12 An Act to prevent the unreasonable Destruction of Fish &c.

13 An Act to Enable Wm Dry Esqr to cut a Road across Eagles Island &c.

14 An Act for altering the Line between the Countys of Northampton & Hertford.

15 An Act for the Relief of Abram Jones late Sheriff &c.

16 An Act to continue an Act therein mentioned.

17 An Act to prevent Hunting & Killing Deer in the manner therein mentd.

To which Acts His Excellency was pleased to give his Assent, and to make the following Speech to both Houses of Assembly to wit

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

I return you thanks for the several good Bills you have continued and passed this Session and hope upon your return to your places of Residence you will endeavour to enforce the Laws already made for the peace Security and Improvement of the Province.

Mr. Speaker and Gentlemen of the Assembly

As it is probable that I shan't meet you again before I depart for England unless I shall receive his Majesty's Commands I propose only to prorogue you for a short time that if there is any Orders from His Majesty I may again call you together before my Departure and it is with great pleaure I can Inform you that I leave the Government in the hands of a Lieut. Governor who will be as tender of your just rights and privileges as he will be of Strictly adhering to His Majestys Instructions and supporting his undoubted prerogative. However before my departure I think it my Duty to inform you as Governor that by some hasty and inconsiderate Resolutions you have come into, by being Overruled by some young Members who dont rightly understand the Constitution of Britain & its Colonies; you have taken upon you to interfere in the executive power over this Province, which is His Majestys Sole right which he has delegated to the Governor for the time being & his Council, which is in pretending to dispose of and distribute the Public Money already which is not appropriated arising from the surplus of the Funds above the services for which they are appointed or granted and such sums as are to be applied for the Contingencys & Emergencys

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of Government which his Majesty has Impowered his Governor for the time being & Council only to dispose of in which you are not to interfere nor are the Treasurers to Obey or pay any Money upon your Resolution but by Warrant under the hand of the Governor in Council Pursuant to His Majestys Instructions; and in case they should wantonly misapply such unappropriated Redundant supplies or sums granted for contingencys, your Sole right is to animadvert upon it and apply to his Majesty in Council in Britain against their proceedings.

This as a Friend I mention to you to prevent your interfering with His Majestys undoubted Prerogative the executive power of the Government that you may not imbroil yourselves with the Crown which at the end you must submit to and must be highly prejudicial to the Welfare of this Province.

However in what manner so ever you take this Information and advice I shall think it my duty to lay the loyalty of the Inhabitants of this Province before his Majesty in the most favorable light; and promote the Peace and happiness which can only be procured by a perfect harmony between his Majesty and the General Assembly of this Province which will be a means of procuring favour which otherwise they cannot expect.

Then the House Adjourned till 10 o'clock tomorrow morng.


Wednesday morning 28th November 1764. The House met according to Adjournment.
Present
The Honble James Murray Esqr
The Honble Henry E. McCulloh Esqr
The Honble Jas Hasell Esqr
The Honble Alexr McCulloh Esqr
The Honble John Rutherford Esqr
The Honble Robert Palmer Esqr
The Honble Lewis De Rossett Esqr
The Honble Benjn. Heron Esqr
The Honble John Sampson Esqr

Received from the Assembly by Mr. Nash & Mr. Taylor the following Resolve vizt

Resolved that five Men and one Commissioned Officer be appointed to Garrison Fort Johnston the Officer at Four shillings pr Diem & Eight Pence for Subsistence, for one year to commence this day And that the pay and subsistance Money for Officer and Men appointed last Session of Assembly to Garrison Fort Granville be Discontinued, and that the Comrs or the Majority of them Rent the House belonging to the Fort and apply the Money arising therefrom

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towards taking care of the Gunns &c. belonging to the said Fort, And we desire your Honrs Concurrence.

JNo ASHE Speaker.
By Order
Wm Herritage Clk

23rd Novr 1764

The foregoing Resolve was taken under Consideration and Concurred with as far as relates to the appointment for Fort Johnston.

In the Upper House 28th November 1764

JAS MURRAY President
By Order
J Burgwin Clk

Then on motion Ordered that several of the Resolves entered into this Session by the lower House of Assembly be Read

The same were accordingly read and taken under Consideration as follows, to wit,

“In the Assembly November 10th 1764. Resolved that the execution of a Deed of Bargain & Sale in Fee for Lands with the usual Solemnities doth not give the Actual Possession of such Lands so as to enable the Vendee to vote for a Vestryman.”

On considering the above Resolve this House are of Opinion and Do Resolve that such a procedure in any one branch of the Legislature is Subversive of the Freedom of legal determinations assuming a controlling power over the Laws, and in its consequences destructive of the Safety of His Majesty's Subjects in their persons Rights & properties and that no Judge ought to pay any regard thereto.

“In the Assembly Novr 14th 1764. Resolved that it is the necessary indubitable and inherent Right of this House as the Representatives of the People to nominate the Agent for Representing Soliciting and Transacting the Public affairs and business of the Province at the several Boards in England, and the exercise of a Negative voice in the other branches of the legislature on the appointment of such Agent can no ways contribute to the service of His Majesty or the good of the Province, but on the contrary may be & for some years past has been of considerable prejudice to the Interest of both”

“Resolved that the Arbitrary & injudicious exercise of this Power by the Members of his Majesty's Council as a branch of the legislature is of a tendency extreamly Injurious to the Well being of the Province.”

“Resolved that the refusal of a Governor or the Council to concurr

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with the Assemblys nomination and appointment of an Agent is Expressly contrary to the purport of a Letter of the Right Honble the Lords Comrs of Trade & Plantations directed to the Governor and by him laid before the Assembly in October 1762 in which among other things their Lordships were pleased to declare it to be the indubitable right of the People to Nominate their own Agent.”

In the Assembly 24th November 1764 “Whereas His Excellency hath by his Message of the 21st Instant informed this House in a most extraordinary and unparliamentary manner that a Bill appointing a Printer to this Province had failed in that body who hath hitherto Denominated themselves an Upper House altho' this matter hath in no manner been signified to us by them, by which Message that Intermediate Body of the Legislature seems to be rendered useless or a mere property of his Excellency and that himself by and with the advice of His Majesty's Council, that very same body had proceeded to the appointment of a Printer under the sounding Appellation of His Majesty's Printer, and as the said appointment is of an unusual nature truly unknown either to our Laws or Constitution, and as it appears to us a most extensive stretch of Power, and may in its tendency establish a New Office, to exact new Fees contrary to the Statute of Tollage a most beneficial Act of Parliament well known to every honest Englishman. We the Assembly of this Province therefore to guard the Liberties of the Subject and our indubitable Rights Do Resolve that we know no such Office as his Majesty's Printer of this Province and of no Duties Fees or Emoluments annexed or incident to such Office and that the said appointment is of a new and unusual nature unknown to our Laws, and is a violent stretch of Power.

“Resolved that Mr. Speaker do not present the Bill for regulating Proceedings in the Court held for the Borough of Wilmington, to His Excellency for Assent.”

On considering these Resolves of the lower House of Assembly This House unanimously think themselves obliged to animadvert upon that Spirit of indecency which prevails in them and Do Resolve that the charges therein contained are injurious to the Honour, Rights and Independency of this House, are unparliamentary indecent and without the least foundation in Truth, and are in their consequences destructive to all Public Harmony & Decorum.

Resolved that it is His Majesty's undoubted Right by virtue of the prerogative to appoint a Printer to print the Laws and other Acts of Government consentaneous to the practice of the Mother Country.

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Resolved that the Assembly assuming to themselves a Power to direct the Speaker not to present a Bill, which has regularly received the Assent of two branches of the Legislature, is destructive of all confidence between this House and them; unparliamentary and Injurious to the powers and rights of the other two branches.

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


North Carolina—ss.

I hereby certify that the preceeding pages do contain a true copy of the Journal of the Upper House of Assembly at October & November Session of Assembly 1764.

J. BURGWIN Clk.