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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
October 25, 1764 - November 27, 1764
Volume 06, Pages 1257-1318

[From MSS. Records in Office of 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 &ca and in the year of our Lord One Thousand seven Hundred and sixty four, and from thence continued by Prorogations to the Twenty fifth day of October in the fifth year of the Reign of our said Sovereign Lord George the third &ca and in the year of our Lord One Thousand seven Hundred and sixty four to be then held at Wilmington being the second Session of this Present Assembly.


Thursday the 25th October 1764. Mr. Speaker with sixteen Members appeared.

Mr. Maurice Moore and Mr. Cornelius Harnett waited on his Excellency the Governor and acquainted him the above Number of Members were met, and being returned Informed the House that his Excellency told him he would give the House notice when they should wait on him.

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

Ordered he have leave accordingly.

Then the House Adjourned till tomorrow morning 10 oClock.


Fryday 26th October 1764. The House met according to Adjournment.
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Then the House Adjourned till 4 oClock Afternoon.

P. M. The House met according to Adjournment.

The Clerk of the Crown presented a Certificate of the return of Robert Howe and Thomas McGuire Esquires as members duly Elected for the County of Brunswick Pursuant to the above return, and former ones last Session of Assembly Mr. Samuel Johnston, Mr. Thomas McGuire, Mr. Robert Howe, Mr. John Frohock and Mr. William Giles appeared.

William Dry and Benjamin Heron Esquires two of the members of his Majesty's Council came to the House, and the aforementioned five members took the Oaths by Law appointed for their Qualification, subscribed the Test and took their seats in the House.

His Excellency the Governor sent a Message to the House requiring the immediate attendance thereof in the Council Chamber.

Mr. Speaker with the Members waited on his Excellency the Governor in the Council Chamber, when his Excellency was pleased to make a Speech to his Majesty's Honble Council, and this House; a Copy of which, to prevent mistakes, Mr. Speaker obtained and laid the same before the House.

Then, on motion, ordered the same be read the same is read and ordered to be entered on the Journal of the House as follows, to wit,

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

Resolved that the said Speech lie till Monday for Consideration

Mr. Gibson moved for leave to absent himself from the Service of the House.

Ordered that he have leave accordingly

Then the House adjourned till 10 oClock tomorrow morning.


Saturday October 27th 1764. The House met according to Adjournment

Mr. Maurice Moore moved that a Copy of the Journal be Transmitted by the Clerk day by day, and delivered by him to Andrew Stewart Printer in Wilmington, and that the said Andrew Stewart print the same and deliver a Copy thereof, daily, when printed, to each member of the House.

Mr. Starkey moved a Committee be appointed to prepare and bring in a Bill to prevent the Exportation of unmerchantable Commodities, and Mr. Starkey, Mr. Harnett and Mr. Caswell are accordingly appointed

-------------------- page 1259 --------------------

Then the House Adjourned till Monday Morning 10 oClock

The House met according to Adjournment

Two of the Members of his Majesty's Council came to the House and Mr. John Harvey, one of the Members for Perquimons County, Mr. Joseph Sykes one of the Members for Northampton County, Mr. William Cumming, one of the Members for Currituck County, Mr. Benjamin Person and Mr. Thomas Bell the two Members for Bute County, Mr. Blake Baker one of the Members for Halifax County, and Mr. Edward Smithwick one of the Members for Tyrril 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 took under Consideration his Excellencys Speech, and ordered that Mr. McGuire, Mr. Harnett, Mr. Baker, Mr. John Harvey, Mr. Cumming, Mr. Mau. Moore and Mr. Benton prepare an address in answer thereto, and report the same to the House for approbation

Mr. Joseph Bell and William Coale the two Members for Carteret County appeared, and took their seats in the House

Mr. James Moore presented the Petition of John Paine, which was read &ca Complaining of the undue Election of Thomas McGuire for the County of Brunswick

On motion ordered that Mr. Harvey, Mr. Frohock, Mr. Baker and Mr. Cumming be added to the Committee of Priviledges and Elections

Mr. Harnett, Mr. James Moore, Mr. John Harvey, Mr. Howe, Mr. Maurice Moore, Mr. Campbell and Mr. Person are appointed a Committee to state and settle the Public Accounts of this Province, and Mr. Starkey, Mr. Caswell, Mr. Benton, Mr. Bartram, Mr. Kenan, Mr. Frohock and Mr. Baker to state, settle and allow the Claims on the Public

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

Gentlemen of his Majesty's Council,

This House have appointed Mr. Harnett, Mr. James Moore, Mr. John Harvey, Mr. Howe, Mr. Maurice Moore, Mr. Campbell and Mr. Person a Committee of this House to state and settle the Public accounts of this Province; and Mr. Starkey, Mr. Caswell, Mr. Benton, Mr. Bartram, Mr. Kenan, Mr. Frohock and Mr. Baker to state

-------------------- page 1260 --------------------
the Public Claims in Conjunction with such of your Honors as you shall think fit to appoint

JOHN ASHE, Sp.

Sent by Mr. Howe and Mr. Person

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


Tuesday October 30th 1764. The House met according to Adjournment

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. McGuire from the Committee appointed to prepare an Address to his Excellency the Governor, presented the same.

Ordered that the said Address lie till Tomorrow for Consideration

Two of the members of his Majesty's Honble Council came to the House and Mr. Robert Jones, one of the members for Northampton County, and Mr. Alexander Elmsley, the member for New Bern appeared, took the Oaths by Law appointed for their Qualification, repeated and subscribed the Test, and took their Seats in the House.

Then the House Adjourned till 10 oClock Tomorrow


Wednesday October 31st 1764 The House met according to Adjournment

The order of the day being read the House took under Consideration the Address thereof which was read, and ordered that the same stand the Address of the House, and be entered on the Journal thereof as follows, to wit.

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

Sir—

We his Majesty's most dutiful subjects, the Members of the Assembly of North Carolina return your Excellency our thanks for your Speech at the opening of this Session, and beg leave to assure your Excellency, that we continue to retain the most grateful sense of the Goodness of divine Providence manifested to us during the Course of a long and Expensive War, now happily terminated by a Glorious safe and Honorable peace.

We shall not fail to take into Consideration what your Excellency has been pleased to recommend relative to the Forts; the continuing and amending the Acts for the Establishing Courts of Justice;

-------------------- page 1261 --------------------
a Law for the Erecting Public Schools, and every other thing in our power for Encouragement and securing the Commerce and Interior Improvement of this Province.

And as the Tax on Trade, lately imposed by Act of Parliament on the British Colonies in America must tend greatly to the Hindrance of Commerce and be severely felt by the Industrious Inhabitants of this Province, we should hope the Bounty granted by Act of Parliament on the Culture of Hemp and Flax, may be thought a sufficient Encouragement for those who shall export the same; and that it will be more for the Interest of this Province to apply the Premiums by us formerly intended on the Exportation of Hemp and Flax as an Encouragement for a Manufacture of those Commodities.

We thank your Excellency for the Notice you have taken of the Navigation of this Province, and are truly sensible of the Necessity and utility of Facilitating and rendering the same more safe, and less Expensive: And tho' it is with the utmost concern we observe our Commerce Circumscribed in its most beneficial Branches diverted from its natural Channel and Burthened with new Taxes and Impositions laid on us without our Privity and Consent, and against what we esteem our Inherent right, and Exclusive privilege of Imposing our own Taxes: yet, under these unhappy Circumstances, your Excellency may be assured that nothing shall be wanting on our parts, to ease the Trader, as far as in our Power of the Heavy Expense attending the Exportation of our Commodities, and to remove, as far as possible, every Incumbrance with which the Commercial Interest of this Province is Clogged.

JOHN ASHE Speaker.

Then the House adjourned till 3 oClock Afternoon

P. M. The House met according to Adjournment.

Received from the Council the following Message vizt

Mr. Speaker and Gentlemen of the Assembly

In answer to your Message 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.

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Then the House Adjourned till 10 oClock to morrow morning.


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

Mr. James Moore and Mr. Frohock 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 said he would receive them in the Council Chamber about 12 oClock

Mr. Speaker with the House waited on his Excellency the Governor in the Council Chamber and presented his Excellency with the Address of this House, to which his Excellency was pleased to answer, as follows,

Mr. Speaker and Gentlemen of the Assembly,

I return you thanks for your grateful acknowledgements of the Goodness of divine Providence, in having concluded a Glorious and successful War, by a safe and Honorable peace; But, must think, you are greatly deficient, in not returning thanks to his Majesty, the best of Kings, the happy Instrument under the divine providence, in Accomplishing so happy an event.

I also return you thanks for your assurance of attending to the continuing and amending the several Bills recommended to you; and Particularly to the Encouragement of Commerce and the Interior Improvement of this Province

As to the other Paragraphs of your Address, as they have no reference to or are Consistent with, what I had recommended to you for your Consideration, I shall return you no Answer; but must only observe, that I know of no heavy Tax attending the Exports of this Province; and therefore your Complaint and Excuse for not securing your navigation is without foundation.

ARTHUR DOBBS.

Mr. Thomas Jones and Mr. James Blount two of the Members for Chowan County, and Mr. Francis Brown one of the Members for Currituck County appeared

Robert Palmer and Benjamin Heron Esquires two of the Members of His Majesty's Council came to the House and the above three Members took the Oaths appointed for their qualification, repeated and subscribed the Test, and took their seats in the House

Mr. Starkey from the Committee appointed to prepare and bring

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in a Bill to prevent the Exportation of unmerchantable Commodities, reported that the Committee had prepared the same; which he presented to the House.

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

Sent the same to the Council by Mr. Mau Moore and Mr. Saml Johnston

Then the House adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Montfort laid before the House an Account from James Abercrombie Esqr of the Proportion of the Money due to this Province received by him of the Parliamentary Grant to Virginia and the two Carolina's; and also an Account from Samuel Smith Esqr of London of the Proportion of the Money due to this Province, received by him of the Parliamentary Grant to Virginia and the two Carolina's

Ordered that the same lie for Consideration

Mr. Benton acquainted the House, that the last Election for Vestrymen for Saint John's Parish in Bute County was illegal, and produced two affidavits to that purpose, which were read

Mr. James Moore presented Petitions from Sundry Freeholders of St James Parish in New Hanover County Complaining of the illegal Election of Vestrymen for said Parish—Praying relief &ca

Resolved that a Committee of Propositions and Grievances be appointed; and Mr. Montfort, Mr. Mau Moore, Mr. Cumming, Mr. James Moore, Mr. Starkey, Mr. Johnston, Mr. Fifer, Mr. Harvey, Mr. Taylor, Mr. Thos Jones, Mr. Robert Jones, Mr. Smithwick, Mr. Ormond, Mr. Person, Mr. Thos Clifford Howe, Mr. Benton, Mr. Mackilwean, Mr. Jos Bell, Mr. Williams, Mr. Hardy, Mr. Howell, Mr. Lloyd, Mr. Bartram, Mr. McGuire, Mr. Crawford and Mr. Campbell, are accordingly appointed, and Further,

Resolved, that the said Committee have power to send for such persons papers and records, as they shall think proper

Resolved that the aforementioned Petitions and affidavits be referred to the Committee of Propositions and Grievances.

Then the House adjourned till 9 oClock tomorrow morning.


Friday November 2d 1764. The House met according to Adjournment

Mr. Bartram presented the Petition of several of the Inhabitants

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of Bladen and Cumberland Counties setting forth, that it would be of great Utility to the Public should a Bridge be built over Rockfish Creek; Praying Thomas Finney may have the priviledge of Building a Toll Bridge over the said Creek.

Mr. Bartram moved for leave to bring in a Bill pursuant to the prayer of the said Petition.

Ordered that he have leave accordingly.

Mr. Baker moved a Committee be appointed to prepare and bring in a Bill to amend and Continue an Act, Intitled an Act for Establishing Superior Courts of Justice within this Province; and Mr. Robert Jones, Mr. Elmsley, Mr. Starkey, and Mr. Mau. Moore and Mr. Baker, are accordingly appointed.

Mr. Isaac Jones presented a petition of Sundry Inhabitants of Bladen and (umberland Counties setting forth the great Conveniences which would result to the Public if a bridge was Built over Rockfish Creek, near the House of Alexander Moore, praying the said Alexander Moore may have the priviledge to Build a Bridge over the said Creek, near the place aforesaid

Mr. Isaac Jones moved for leave to bring in a Bill pursuant to the prayer of the said Petition

Ordered that he have leave accordingly

Mr. Bartram pursuant to order brought in a Bill for Encouraging Thomas Finney to build a Bridge over Rockfish Creek &ca which he read in his place and delivered in at the Table where the same was again read by the Clerk. Then a motion was made and the question put if the said Bill pass and was carried in the Negative.

Mr. Baker moved a Committee be appointed to prepare and bring in a Bill to amend and Continue an Act Intitled an Act for Establishing Inferior Courts of pleas and quarter Sessions within the several Counties of this Province; and Mr. Robert Jones, Mr. Elmsley, Mr. Starkey, Mr. Mau. Moore and Mr. Baker are accordingly appointed

Mr. Baker moved a Committee be appointed to prepare and bring in a Bill to Continue an Act, Intitled an Act, for appointing indifferent Jurymen in all Causes Civil and Criminal, and Mr. Robert Jones, Mr. Elmsley, Mr. Starkey, Mr. Maurice Moore, and Mr. Baker are accordingly appointed

Mr. Starkey moved a Committee be appointed to prepare and bring in a Bill to Encourage Public Schools, and Mr. Starkey, Mr. Elmsley, Mr. McGuire, Mr. Johnston and Mr. Harnett are accordingly appointed.

-------------------- page 1265 --------------------

Mr. Starkey moved that a Committee be appointed to meet such of the members of his Majesty's Honorable Council as they shall think fit proper to settle the Decorum to be observed between the Council and Assembly; and also the sum that shall hereafter be allowed on the Estimates for the Extra Services of the Clerks, and the Clerks of the several Committees and other Clerks to be occasionally Employed which after being concurred with by the Council and Assembly, and entered on the Journals thereof, shall be a General Rule to be observed between the two Houses for Establishing the Proceedings of the same, and for making out the Estimates for the future; and Mr. Harnett, Mr. Starkey, Mr. Mau Moore, Mr. Elmsley and Mr. Robert Jones are accordingly appointed

Ordered that the 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 Majesty's Honble Council, and this House; We have appointed Mr. Harnett, Mr. Starkey Mr. Mau. Moore, Mr. Elmsley and Mr. Robert Jones 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 Assemblys hereafter to be held; and also the sum that shall hereafter be allowed on the Estimates for the Extra Services of the Clerks, and the Clerks of the several Committees and the other Clerks, to be ocasionally 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 fit to appoint.

JOHN ASHE Sp.

Sent by Mr. Moore and Mr. Johnston

Mr. Robert Jones Presented a Certificate from the County Court of Northampton County, certifying that James Boyte of said County is very aged and poor; Praying to be exempted from paying Public Taxes &ca

Ordered he be exempt accordingly

Mr. Jones Presented a Certificate from the Inferior Court of Edgcomb County certifying that William Donald is an aged and infirm

-------------------- page 1266 --------------------
person, praying to be Exempt from paying Public Taxes and Duties. Granted.

Mr. Bryan presented the following Certificates from the Inferior Court of Johnston County thereby certifying that James Tate, Hermon Dees, Nathan Jones, and Henry McCeroy (son of Wm McCeroy) a very poor man and infirm, praying to be exempt from paying Public Taxes and doing Public Duties Granted

Mr. Fifer presented a Certificate from the Inferior Court of Mecklenburg County, thereby certifying that Moses White is a proper object to be exempt from Paying Public Taxes Granted.

Then the House adjourned till 9 oClock tomorrow morning


Saturday November 3d 1764. The House met according to Adjournment

Mr. Baker presented the petition of the Church Wardens and Vestry of Edgcombe Parish in Halifax County; Praying that the Salary of the Reverend Thos Burgess Minister of the said Parish, may be increased; which was read; and then on Motion, Ordered, that Mr. Baker prepare and Bring in a Bill pursuant to the prayer thereof.

Mr. Isaac Jones pursuant to order brought in a Bill, to Encourage Alexander Moore to build a Bridge over Rockfish Creek near the mouth of the same in Bladen County; which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, passed, and Ordered to be sent to the Council

Sent the same by Mr. Mackilwean and Mr. Isaac Jones

Mr. Cumming moved for leave to present a Bill, for an additional Act, to an Act, Intitled, an Act for restraining of Excessive Usury

Ordered that he have leave accordingly

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

Sent the same by Mr. Mackilwean and Mr. Isaac Jones.

Then the House adjourned till 11 o'clock Monday morning.


Monday November 5th 1764. The House met according to Adjournment.

Mr. Benjamin Wynns one of the members for Hertford County, Mr. John Simpson and Mr. George Moy, the two members for Pitt County appeared and took their Seats in the House

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Mr. Brown moved for leave to present a Bll to prevent the Pernicious Practice of taking Judgment Notes and Bonds.

Ordered that he have leave accordingly

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

Sent the same by Mr. Howe and Mr. Taylor

Mr. Cray moved for leave to present a Bill, for an Additional Act to an Act Intitled an Act to prevent killing deer at unseasonable times, and for putting a stop to many abuses Committed by white persons under the pretence of hunting

Ordered that he have leave accordingly

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

Sent the same by Mr. Howe and Mr. Taylor

Mr. Taylor moved for leave to present a Bill, to repeal part of an Act Intitled an Additional Act to an Act Intitled an Act concerning Servants and Slaves

Ordered that he have leave accordingly.

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

Sent the same by Mr. Howe and Mr. Taylor

Mr. Montfort presented the following Certificates from the Inferior Court of Halifax County Vizt Mr. William Turner, son of Edwin Turner, Certifying that the said William thro' much sickness, is rendered incapable of any kind of Service, and that by reason of the poverty as well as largeness of the Family of the said Edwin, he the said William is a proper person to be exempt from Payment of Taxes. Ordered the said William Turner be exempt during his Infirmity.

William Fletcher, son of Elizabeth Fletcher, setting forth that he is a very poor and Infirm person, and proper to be exempt from payment of Taxes, and doing Public duties.

Ordered that he be exempt accordingly

George Martin, certifying that he is very poor and infirm and proper to be Exempt from paying Public Taxes and doing Public Duties Granted

Mr. Montfort Presented the Petition of Abraham Jones setting forth, that in the year 1758 and for some time before he was Sheriff of Edgcombe County, and thereby Chargeable with Taxes for that

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year which he was prevented Collecting. Praying relief which was read.

Mr. Montfort moved for leave to bring in a Bill pursuant to the prayer of the said Petition.

Ordered that he have leave accordingly

Mr. William Gray one of the Members for Bertie County appeared

Alexander McCulloh and William Dry Esquires two of the members of His Majesty's Honourable Council came to the House, and the afore named William Gray took the Oaths by Law appointed for his Qualification, repeated and subscribed the Test, and took his seat in the House.

Then the House adjourned till 4 oClock in the Afternoon.

P. M. The House met according to Adjournment

Mr. Baker according to order, brought in a Bill to increase the Salary of the Reverend Thomas Burgess, Minister of Edgcombe Parish in the County of Halifax, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council

Sent the same by Mr. Harvey and Mr. McGuire

Mr. Baker, from the Committee appointed to prepare and bring in a Bill, to amend and Continue an Act, Intitled 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, reported, that the Committee had prepared the same, which he presented to the House,

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

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

Received from the Council the following Bills Vizt

The Bill to prevent the Exportation of unmerchantable Commodities

The Bill for an additional Act to an Act, Intitled an Act for restraining of Excessive Usury

The Bill to prevent the pernicious practice of taking Judgment Notes and Bonds and The Bill for an Additional Act to an Act, Intitled, an, Additional Act to an Act Intitled an Act to prevent killing Deer at unseasonable times &ca Endorsed, November 5th 1764, In the upper House of Assembly read the first time and passed

Then the House Adjourned till 9 oClock Tomorrow Morning.

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Tuesday November 6th 1764. The House met according to Adjournment.

Received from the Council the following Bills Vizt

The Bill to amend and Continue an Act Intitled an Act for dividing this Province into five several districts and for Establishing a Superior Court of Justice in each of the said districts &ca

The Bill to Increase the Salary of the Reverend Thomas Burgess, minister of Edgcomb Parish in Halifax County, and,

The Bill to repeal part of an Act Intitled an Additional Act to an Act Intitled an Act concerning Servants and Slaves, Endorsed. November 5th 1764, In the upper House of Assembly read the first time and passed

Mr. Baker from the Committee appointed to prepare and bring in a Bill to amend and Continue an Act, Intitled an Act for establishing Inferior Courts of pleas and quarter Sessions within the several Counties of this Province reported that the said Committee had prepared the same; which he presented to the House,

Ordered that the same be read, read the same, passed, and Ordered to be sent to the Council Sent the same by Mr. Maurice Moore and Mr. Johnston

Mr. Starkey from the Committee of Propositions and Grievances reported that the Committee had taken under Consideration several matters to them referred by the House, and came to several Resolutions thereon; which he laid before the House

Ordered, that the same be received. The same were accordingly received, read and approved of by the House.

Mr. Starkey moved for leave to bring in a Bill, to Confirm the Vestry in the Parish of Saint John's in Bute County, and to Establish their proceedings

Ordered that he have leave accordingly

On motion ordered that the Bill to prevent the Exportation of unmerchantable Commodities, be Committed to Mr. Starkey, Mr. Harnett, Mr. Harvey, Mr. Gibson and Mr. Baker.

Mr. Baker presented the petition of Sundry Inhabitants of Hertford County praying that a Town may be Established on the South side of Chowan River at or near a place called Barfields Landing in the said County; which was read, and then on motion, Ordered that Mr. Baker prepare and bring in a Bill agreeable to the said Petition

Mr. Benton presented the petition of Sundry Persons, Inhabitants of Hertford, Northampton, Bertie and Halifax Counties, Praying

-------------------- page 1270 --------------------
that a Town may be Established on the Land of Alexander Cotton in Hertford County.

Ordered that Mr. Robert Jones. Mr. Cumming and Mr. Frohock prepare and bring in a Bill, pursuant to the prayer of the said Petition

Mr. Benton moved for leave to absent himself from the Service of the House

Ordered that he have leave accordingly

Mr. Johnston presented the petition of James Davis printer, praying the usual allowance may be made him for printing and Transmitting the Laws and Journals of the last Session of Assembly, to the several Counties

On motion ordered that the said Petition be referred to the Committee of Claims

Mr. Starkey moved for leave to bring in a Bill for appointing a Printer to this Province

Ordered that he have leave accordingly

Mr. Sykes Presented the Petition of Sundry Inhabitants of Northampton County &ca relating to Fishing in the Rivers Chowan and Meherrin, which was read.

Mr. Robert Jones moved for leave to prepare and bring in a Bill, pursuant to the said Petition

Ordered that he have leave accordingly

Mr. Sykes presented the Petition of Sundry Persons Inhabitants of this Province relating to the Paying of fees on Indictments, which was read

Mr. Sykes moved for leave to prepare and bring in a Bill pursuant thereto

Ordered that he have leave accordingly

Mr. Robert Jones moved for leave to present a Bill, for rendering more Effectual the Laws making Lands, and other real Estates, liable to the Payments of Debts,

Ordered that he have leave accordingly

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

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

Received from the Council the Bill to amend and Continue an Act Intitled an Act, to Establish Inferior Courts of pleas and quarter Sessions within the Several Counties of this Province, Endorsed

-------------------- page 1271 --------------------
November 6th 1764, In the upper House of Assembly, read the first time and passed

On motion, Ordered, that the Bill to amend and Continue 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, be read, read the same a second time amended passed and ordered to be sent to the Council

Sent the same by Mr. Howe and Mr. Montfort

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Montfort according to order, brought in a Bill for the relief of Abraham Jones Esqr late Sheriff of Edgcombe County; which he read in his place and delivered in at the Table where the same was again read by the Clerk, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Robert Howe and Mr. Montfort

Mr. Maurice Moore presented the Petition of Sundry Inhabitants of that part of New Hanover County called Long Creek, relating to the roads in that District, Praying an Act may Pass to Erect a Turnpike on the same &ca which was read; and then on motion ordered that Mr. Starkey prepare and bring in a Bill agreeable to the Prayer of the said Petition

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


Wednesday November 7th 1764. The House met according to Adjournment.

On motion ordered that the Bill to prevent the Pernicious Practice of taking Judgment Notes and Bonds, be Committed to Mr. Thomas Jones, Mr. Johnston and Mr. Brown

Mr. Johnston presented the Petition of sundry Merchants and Traders, resident in the Borough of Wilmington; Praying an allowance or drawback on Wines and Spirituous Liquors &ca which said Petitions were read, and then

On motion Ordered that Mr. Johnston prepare and bring in a Bill pursuant to the prayer of the said Petitionrs

Mr. Johnston pursuant to order brought in a Bill, to allow a Draw Back on the Exportation of Wine Rum and other Distilled Liquors, 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 1272 --------------------

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

On motion ordered that the Bill to repeal part of an Act, Intitled an Additional Act to an Act, Intitled an Act, Concerning Servants and Slaves be read the second time read the same a second time passed, and ordered to be sent to the Council

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

On motion ordered that the Bill for an Additional Act to an Act Intitled an Act for restraining of excessive Usury be read the second time, read the same a second time and amended,

Then the motion was made and the question put whether the said Bill pass or not, and was carried in the negative.

Mr. Taylor moved for leave to present a Bill, to Continue an Act Intitled an Act to Establish a Ferry at Solley's Point to Relfes Point, whereon the Court House now stands, in Pasquotank County

Ordered that he have leave accordingly

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

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

Mr. Baker moved for leave to present a Bill, to ascertain the method of Paying all Taxes and Levies in Commodities

Ordered that he have leave accordingly.

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

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

On motion ordered that the Bill for an Additional Act to an Act, Intitled an Act to an Act Intitled an Act to prevent killing Deer at unseasonable times, 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. Simpson and Mr. Blount.

On motion ordered that the Bill to increase the Salary of the Reverend Thomas Burgess Minister of Edgcombe Parish in the County of Halifax, be read the second time, read the same a second time, passed and ordered to be sent to the Council.

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

On motion ordered that the Bill to amend and Continue an Act, Intitled an Act to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties of this Province be read the second time, read the same a second time, amended, passed and ordered to be sent to the Council.

-------------------- page 1273 --------------------

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

Received from the Council the following Message 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 a Committee of your House on the premises and to Report accordingly.

Mr. Attorney General moved for leave to bring in a Bill, to amend an Act, Intitled an Act, for regulating the several officers fees within this Province and ascertaining the Method of Paying the same, which being opposed, the question was put, and passed in the Negative.

Received from the Council the Bill, for rendering more effectual the Laws making Lands and other real Estates, liable to the payment of Debts, Endorsed, November 7th 1764, In the upper House of Assembly read the first time amended and passed.

On motion ordered the Bill for rendering more effectual the Laws making Lands and other real Estates, liable to the Payment of Debts, be Committed to Mr. Baker, Mr. Elmsley, Mr. McGuire, Mr. Mau Moore and Mr. Johnston.

Mr. Person presented the Petition of Sundry Inhabitants of Bute County: Praying an Act may pass for removing the Seat of the Court in the said County into the Center thereof &ca which was read

Mr. Person moved for leave to bring in a Bill, pursuant to the prayer of the said Petition, the same being opposed, the question was put, and passed in the Negative

Mr. Person Presented the Petition of Sundry Inhabitants of Bute County Concerning the Fishing in Tar River, which was read and rejected

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Starkey according to order, brought in a Bill for appointing a Printer to this Province; which he read in his place, and delivered

-------------------- page 1274 --------------------
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. Mackilwean and Mr. Giles

Mr. Frohock moved for leave to bring in a Bill to Continue an Act therein mentioned

Ordered that he have leave accordingly

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

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

Then the House Adjourned till 1 oClock Tomorrow morning


Thursday November 8th 1764 The House met according to Adjournment

Mr. Baker according to order brought in a Bill for Establishing a Town on the Lands of Benjamin Wynns, on the West side of Chowan River, in Hertford County, which he read in his place and delivered in at the Table; where the same was again read by the Clerk, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Wynns and Mr. Cray.

Received from the Council the following Bills, Vizt

The Bill to allow a Draw Back on the Exportation of Wine, Rum and other Distilled Liquors

The Bill to ascertain the method of paying all Taxes and Levies in Commodities Endorsed, November 7th 1764. In the upper House read the first time and passed

The Bill to increase the Salary of the Reverend Thomas Burgess, Minister of Edgcombe Parish in Halifax County

The Bill to repeal part of an Act, Intitled, an Additional Act to an Act Intitled an Act, Concerning Servants and Slaves, Endorsed, November 7th 1764. In the upper House read the second time amended and passed

The Bill to Continue an Act therein Mentioned, and

The Bill for appointing a Printer to this Province, Endorsed November 8th 1764 In the upper House read the first time and passed

Mr. Baker from the Committee to whom the Bill to prevent the Exportation of unmerchantable Commodities was referred Reported that the said Committee had prepared several amendments thereto, which he read in his place and delivered in at the Table where the said Bill was again read by the Clerk, and ordered to be inserted in the Bill, Then on motion,

-------------------- page 1275 --------------------

Ordered that the said Bill be read with the said Amendments, read the same.

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, and Chose Mr. Starkey Chairman who took the Chair accordingly. After some time spent therein, Mr. Speaker Resumed the Chair and Mr. Chairman reported that the Committee had taken the said Bill under Consideration and agreed on several Amendments thereto; which he reported to the House.

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

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

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

Mr. Hutchins, one of the Members for Anson County, appeared and took his seat in the House

Mr. Attorney General according to order, brought in a Bill, to prevent the unreasonable destruction of Fish in the Rivers Chowan and Meherrin, which he read in his place and delivered in at the Table; where the same was again read by the Clerk passed and ordered to be sent to the Council.

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

On motion ordered the Bill to allow a draw back on the Exportation of Wine, Rum and other distilled Liquors; be read the second time, read the same a second time, passed, and ordered to be sent to the Council

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

Then the House Adjourned till 10 oClock tomorrow morning.


Friday November 9th 1764 The House met according to Adjournment.

Mr. Frohock from the Committee appointed to prepare and bring in a Bill for Establishing a Town on the land of Alexander Cotton in Hertford County Reported that the Committee had prepared the same; which he presented to the House, Ordered the said Bill be read, read the same, passed, and ordered to be sent to the Council

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

Received from the Council the Bill, for an Additional Act, to an Act, Intitled an additional Act, to an Act entitled an Act to prevent killing Deer at unseasonable times &ca and

The Bill to amend and continue an Act, Intitled an Act, for dividing

-------------------- page 1276 --------------------
this Province into five several Districts, and for Establishing a Superior Court of Justice in each of the said districts, and regulating the proceedings therein. Endorsed, November 8th 1764. In the upper House read the second time amended and passed

On motion ordered that the Bill to increase the Salary of the Reverend Thomas Burgess Minister of Edgcomb Parish in the County of Halifax be read, read the same a third time amended passed and ordered to be sent to the Council

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

On motion ordered that the Bill to repeal part of an Act, Intitled an Additional Act to an Act Intitled an Act, Concerning Servants and Slaves be read the third time, read the same a third time amended passed and ordered to be sent to the Council

Mr. Johnston moved for leave to present a Bill, to appoint an Agent to sollicit the affairs of the province at the several Boards in England

Ordered that he have leave accordingly

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

Sent the above two Bills to the Council by Mr. Mackelwean and Mr. Jones

On motion ordered that the Bill for an Additional Act to an Act, Intitled an Additional Act to an Act, Intitled an Act to prevent killing Deer at unseasonable times &ca be read. Read the same a third time, amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Mackelwean and Mr. Thos Jones

Mr. Caswell presented an Address from the Justices of the Inferior Court of Dobbs County; and also the Petition of the Freeholders and Inhabitants of the said County Praying the Seat of the Inferior Court of the said County may be removed from Walnut Creek, to Kingston &ca was read; and then on motion, Ordered that Mr. Caswell prepare and bring in a Bill pursuant to the Address and Petition.

Mr. Caswell according to order brought in a 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 and stocks in the said Town 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 1277 --------------------

Sent the same by Mr. Mackelwean and Mr. Thos Jones.

On reading the Petition of sundry Inhabitants of the County of Edgcombe, and elsewhere,

Resolved, that the Justices of the said County have, by Law, a right to Erect a Public Bridge over Tar River at the Town of Tarborough, if they shall adjudge it for the ease and convenience of the said County

Then the House Adjourned till 4 oClock Afternoon

P. M. The House met according to Adjournment.

Mr. Mau. Moore moved for leave to present a Bill to facilitate the mode of inlarging Insolvent Debtors, as to the Imprisonment of their Persons.

Ordered that he have leave accordingly.

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

Sent the same to the Council by Mr. James Moore and Mr. James Blount.

Mr. Johnston from the Committee appointed to prepare amendments to the Bill for rendering more effectual the Laws making Lands and other real Estates, liable to the payment of Debts, Reported that the Committee had prepared several amendments to the said Bill which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, and ordered to be inserted in the said Bill.

On motion ordered the Bill to continue an Act therein mentioned be read the second time read the same a second time, passed and ordered to be sent to the Council.

Sent the same by Mr. Jas. Moore and Mr. Jas. Blount.

An Account of the Sales of Bills of Exchange to the amount of Five Thousand pounds Sterling, drawn by the Treasurers of this Province on James Abercrombie and Samuel Smith Esquires of London, in pursuance of a Resolve of the last Session, was laid before the House by the Treasurers for the Inspection of the Members; who approve thereof, and Resolved that the said Treasurers draw for the Balance of the money still remaining in the hands of the said James Abercrombie and Samuel Smith Esquires at the highest Current Exchange, to be applied for the payment of Public Debts and the Contingent Charges of Government.

Received from the Council the Bill to amend and continue an

-------------------- page 1278 --------------------
Act Intitled an Act to Establish Inferior Courts of Pleas and Quarter Sessions within the several Counties in this Province, Endorsed November 9th 1764. In the upper House read the second time, amended and passed.

On motion ordered that the Bill to amend and continue an Act, Intitled an Act to Establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, be read the third time, read the same a third time, amended, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr. Sykes and Mr. Campbell

Received from the Council the Bill to Increase the Salary of the Revd Thomas Burgess Minister of Edgcomb Parish, in Halifax County, Endorsed, November 9th 1764 In the upper House read the third time and passed.

Ordered the said Bill be Engrossed.

Received from the Council the following Bills Vizt

The Bill to appoint an Agent to Sollicit the affairs of this Province at the Several Boards in England.

The Bill for Establishing a Town on the Lands of Alexander Cotton on Chowan River.

The Bill for the relief of Abraham Jones Esqr late Sheriff of Edgcomb County, and

The Bill to prevent the unreasonable destruction of Fish in the Rivers Chowan and Meherrin. Endorsed, November 9th 1764. In the upper House read the first time and passed.

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


Saturday, November 10th 1764 The House met according to Adjournment.

Mr. Williams moved for leave to absent himself from the service of the House for eight Days.

Ordered that he have leave accordingly

Mr. Harnett from the Committee of Privileges and Elections, Reported that the said Committee had Considered the Petition of Captain John Paine Complaining of an undue Election of Thomas McGuire Esquire a Representative for the County of Brunswick, whereby the said John Paine was prevented being Elected a member for the said County and came to several Resolutions thereon; which he presented to the House, the same were read and approved of by the House;

-------------------- page 1279 --------------------

Whereupon the said John Paine appeared, and moved for leave to withdraw his Petition, which is Granted him.

Resolved that the said Thomas McGuire is duly Elected a member of Assembly for the County of Brunswick

Mr. Starkey from the Committee of Propositions and Grievances Reported that the said Committee had taken under Consideration the Petitions of many of the Freeholders in the parish of St James, in New Hanover County against an undue Election of Vestrymen for the said Parish, the Beginning of August last, by the House referred to them, and had come to several Resolutions, which he read in his place.

Then on motion Resolved that the Execution of a Deed of Bargain and Sale, in fee of 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 motion Resolved, the House Concur with the report of the Committee of Propositions and Grievances

Mr. Attorney General, from the Committee appointed to prepare a Bill for Continuing an Act therein mentioned presented the same Then on motion Ordered, That the said Bill be read, read the same, passed and ordered to be sent to the Council

Sent the same to the Council by Mr. Sykes and Mr. Campbell

On motion ordered, that the Bill, for appointing a printer to this Province be read the second time, read the same, amended passed and ordered to be sent to the Council

Sent the same by Mr. Sykes and Mr. Campbell

Mr. Starkey moved for leave to prepare and bring in a Bill, for dissolving the present Vestry for the Parish of St James in the County of New Hanover, and other purposes

Ordered that he have leave accordingly

Received from the Council the following Bills, Vizt

The Bill for the relief of Insolvent Debtors.

The Bill for Establishing a Town on the Lands of Benjamin Wynns on the West side of Chowan River in Hertford County, Endorsed November 10th 1764, In the upper House of Assembly read the first time and passed

The Bill to amend an Act therein mentioned concerning servants and slaves &

The Bill to prevent hunting for, and killing Deer in the manner

-------------------- page 1280 --------------------
therein mentioned Endorsed, November 10th 1764. In the upper House read the third time and Passed.

Ordered to be Engrossed.

And also the Bill, to Continue an Act therein mentioned, Endorsed, November 9th 1764 In the upper House read the second time and passed

Mr. Attorney moved for leave to present a Bill for making a more Adequate allowance to the Members of his Majestys Honble Council, and members of the Assembly, for their Service in attending the General Assembly.

Ordered that he have leave accordingly

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

Sent the same to the Council by Mr. Sykes and Mr. Campbell

Mr. Starkey according to order brought in a Bill, to Establish a Toll for keeping a Public Road from Negrohead Point, to Mount Misery, in due repair, 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. Sykes according to order brought in a Bill, to ascertain who shall pay costs on Bills of Indictment preferred or presentments made, against any person or persons within 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

Sent the above two Bills by Mr. Sykes and Mr. Campbell

Then the House Adjourned till 10 oClock Monday morning


Monday November 12th 1764. The House met according to Adjournment.

Mr. Starkey according to order, brought in a Bill, for Dissolving the Vestry of Saint James's Parish, and other purposes, which he read in his place and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Mr. Mau Moore moved for leave to present a Bill for regulating the Pilotage of Cape Fear River, and other purposes

Ordered that he have leave accordingly

Mr. Maurice Moore presented the above mentioned Bill which he read in his place and delivered in at the Table, where the same was

-------------------- page 1281 --------------------
again read by the Clerk passed and Ordered to be sent to the Council

Sent the above two Bills to the Council by Mr. Jas Moore and Mr. Jas Blount.

Received from the Council the Bill to Encourage Alexander Moore to build a bridge over Rockfish Creek near the mouth of the same &ca Endorsed November 12th 1764 In the upper House read the first time and passed

On motion ordered, that the Bill for the Relief of Abraham Jones Esquire former Sheriff of Edgcomb County be read the second time, read the same amended passed and ordered to be sent to the Council

The Committee to whom the Bill for rendering more effectual the Laws making Lands and other real Estates liable to the Payment of Debts, was Committed,

Reported that they had taken under Consideration the Subject matter thereof and proposed several amendments thereto; which on motion, were read approved of by the House, and ordered to be inserted in the said Bill which were accordingly done Then on motion

Ordered that the said Bill, with the said Amendments, be read the second time, read the same accordingly, passed and ordered to be sent to the Council

Sent the above two Bills by Mr. Jas. Moore and Mr. Jas. Blount.

Received from the Council the Bill for continuing an Act therein mentioned, and the Bill for making Adequate allowances to his Majesty's Honorable Council, and the members of the Assembly, for their Services in attending the General Assembly Endorsed, November 12th 1764, In the upper House read the first time and passed.

Mr. Simpson moved for leave to present a Bill for altering the dividing line between Dobbs County and Pitt County

Ordered that 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

Sent the same by Mr. Jas Moore and Mr. Jas Blount

On motion ordered that the Bill for Establishing a Town on the Land of Alexander Cotton, on Chowan River, and

The Bill for Establishing a Town on the Land of Benjamin Wynns on the West side of Chowan River, in Hertford County, be

-------------------- page 1282 --------------------
read the second time, read the said two Bills a second time, Then on motion, Resolved, that the said two Bills be rejected

On motion Resolved that Mr. William Gray, Mr. Joseph Sykes, Mr. Thomas Jones, Mr. Robert Jones and Mr. James Blount, view the Land of Alexander Cotton, on Chowan River; and the Land of Benjamin Wynns, on the West side of Chowan River in Hertford County, and report to the next Session of Assembly, which of the two places in their opinion are most proper to Erect a Town on.

On motion, ordered, the Bill to Ascertain the Method of Paying all Taxes and Levies in Commodities, be read the second time, read the same and amended, Then the question was put, if the said Bill pass, and Carried in the affirmative, and ordered to be sent to the Council

Sent the same by Mr. James Moore and Mr. James Blount

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

On motion ordered the Bill to encourage Alexander Moore to build a bridge over Rockfish Creek, in Bladen County be read the second time, read the same, amended, passed, and ordered to be sent to the Council.

Sent the same by Mr. Harvey and Mr. Elmsley.

On motion ordered that Mr. Walter Gibson be added to the Committee of Accounts.

Then the House Adjourned till 10 oClock Tomorrow Morning.


Tuesday, November 13th 1764. The House met according to Adjournment

Mr. Harvey from the Committee of Accounts, Reported that Thomas Barker Esqr late Treasurer of the Northern District, hath paid into the Committee £3,726.11.9. on the Sinking fund: and £699.10.0. in Interest Notes and the Interest thereon £55.9 2. Amounting in the whole to £4,481.10.11. And from John Starkey Esqr Treasurer of the Southern district £359 In uttered Notes: and £389 In Interest Notes, and Interest thereon £34.2 1. And also £2,587.4.8. on the sinking fund, amounting to £3,369.6.9. And from Joseph Montfort Esqr Treasurer of the Northern district £857.4.3. on the sinking fund, and in Interest Notes £388.10, Interest thereon £32.18.10. Amounting in the whole to £1,278.13.1. Which said several sums paid as above said by the said Thomas Barker, John Starkey and

-------------------- page 1283 --------------------
Joseph Montfort amounts to, nine Thousand One Hundred and Twenty nine pounds ten shillings and nine pence

Resolved that the following Message be sent to the Council 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 late Treasurer of the Northern District by the hands of Samuel Johnston hath paid into the said Committee £3,726.11.9 on the sinking Fund, and £699.10 in Interest notes, and the Interest thereon £55.9.2 amounting to £4,481.10.11, and from John Starkey Esqr Treasurer of the Southern District £359 in Uttered notes and £389 In Interest Notes and Interest thereon £34.2.1 and also £2,587.4.8 on the Sinking Fund amounting to £3,369.6.9 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 to £1,278.13.1 which said several sums paid in as above said by the said Thomas Barker, John Starkey and Joseph Montfort amount to Nine Thousand one Hundred and twenty nine pounds ten shillings and nine pence, 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 may think fit to see the said sum burnt at the House of John Campbell in Wilmington at 4 oClock to-morrow afternoon.

JOHN ASHE Sp.

Sent by Colo Harvey and Mr Elmsley.

On motion ordered that the Bill to Continue an Act therein mentioned be read the third time, read the same a third time, amended passed and ordered to be sent to the Council.

On motion ordered that the Bill for making Adequate allowances to the members of his Majesty's Honorable Council, and members of the Assembly, for their Services in attending the General Assemblies, be read the second time, read the same a second time, amended passed and ordered to be sent to the Council

On motion ordered that the Bill to appoint an agent to solicit the affairs of this Province at the Several Boards in England, be read the second time, read the same a second time amended passed and ordered to be sent to the Council

On motion ordered that the Bill to Continue an Act, therein mentioned,

-------------------- page 1284 --------------------
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. Harvey and Mr. Elmsley

Mr. Wynns moved for leave to prepare and bring in a Bill for altering the Boundary Line between the Counties of Northampton and Hertford

Ordered that he have leave accordingly.

Mr. Wynns 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 and ordered to be sent to the Council

Mr. Person moved for leave to bring in a Bill, to Confirm the Vestry already chosen for the Parish of St. John's, in the County of Bute, and to Enable the Freeholders of the Parishes within the Counties of Pasquotank and Currituck to Elect Vestries, and for other purposes therein mentioned.

Ordered that he have leave accordingly

Mr. Person 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 and ordered to be sent to the Council

Sent by Mr. Cumming and Mr. Taylor.

Received from the Council the Bill to prevent the Exportation of unmerchantable Commodities Endorsed, November 13th 1764 In the upper House read the second time amended and passed

Mr. Baker Presented the Petition of Several of the Tuscarora Indians Praying a Law may Pass to confirm an agreement made with their Chiefs and Thomas Whitmell, Thomas Pugh, William Williams and John Watson.

Ordered that Mr. Baker prepare and bring in a Bill pursuant to the prayer of the said Petition

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met According to Adjournment

Mr. Baker according to order, brought in a Bill to Confirm an Agreement made with the Chiefs of the Tuscarora Indians and Thomas Whitmell, Thomas Pugh, Wm Williams and John Watson; 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 that the Bill to prevent the Pernicious Practice of taking Judgment Notes and Bonds be read the second time,

-------------------- page 1285 --------------------
read the same a second time passed and ordered to be sent to the Council

Sent the above two Bills to the Council

Mr. Harnett moved for leave to present a Bill for regulating the Proceedings in the Court held for the Borough of Wilmington,

Ordered that he have leave accordingly

Mr. Mau Moore moved for leave to bring in a Bill to Enable William Dry Esqr to make a Road across Eagles Island from Wilmington to the Plantation of the said William Dry on the North West River

Ordered that he have leave accordingly

Mr. Robert Howe moved for leave to bring in a Bill to amend and Continue an Act, therein mentioned

Ordered he have leave accordingly

Mr. Montfort moved for leave to bring in a Bill, for enlarging the time of saving Lots in the Town of Halifax and other Purposes

Ordered he have leave accordingly

Mr. Harnett, Mr. Mau. Moore, Mr. Robert Howe, and Mr. Montfort brought in the above mentioned four Bills, and on motion,

Ordered that the said Bills be read Tomorrow

Then the House Adjourned till 9 oClock Tomorrow morning


Wednesday November 14th 1764 The House met according to Adjournment

Received from the Council the following message Vizt

Mr. Speaker and Gentlemen of the Assembly,

In answer to your message of 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

The order of the day being read, read 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, and the Bill to regulate the Proceedings in the Court held for the Borough of Wilmington, and the Bill to amend an Act, therein mentioned, the first time passed and ordered to be sent to the Council.

-------------------- page 1286 --------------------

On motion ordered, the Bill for the relief of Insolvent Debtors, be read the second time, read the same a second time, passed and ordered to be sent to the Council

Sent the above four bills to the Council by Mr. Harnett and Mr. Maurice Moore

Received from the Council the Bill, for the relief of Abraham Jones Esqr late Sheriff of Edgcomb County, Endorsed, November 13th 1764, In the upper House read the second time amended and passed

Mr. Harvey Reported, that the Committee of the whole house with the Committee of his Majesty's Honble Council, had met at the House of John Campbell in Wilmington, and had burnt the several sums signified in the Message of this House to the Council yesterday

On motion ordered the Bill to prevent the Exportation of unmerchantable Commodities be read the third time, read the same, amended, passed and ordered to be sent to the Council.

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

Received from the Council the Bill for rendering more effectual the Laws making Lands and other real Estates, liable to the payments of Debts. Endorsed, November 14th 1764, In the upper House read the second time, amended and passed.

The order of the day being read, the Bill for enlarging the time of saving Lots in the Town of Halifax, and other purposes the first time, passed and ordered to be sent to the Council.

On motion, ordered the Bill for the relief of Abraham Jones Esqr former Sheriff of Edgcombe County, be read the third time, read the same, passed and ordered to be sent to the Council.

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

Then the House Adjourned till 9 oClock tomorrow morning.


Thursday November 15th 1764. The House met according to Adjournment.

The Committee of Correspondence laid before the House the several Letters and Instruction sent by them to Couchet Jouvencal Esqr agent for this Province, and the answers thereto from the said Agent, which were read, and ordered to lie for Consideration.

Received from the Council the following Bills Vizt

The Bill for regulating the Proceedings in the Court held for the Borough of Wilmington;

The Bill to amend an Act therein mentioned;

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

-------------------- page 1287 --------------------
Eagles Island from Wilmington to a Plantation of the said William Dry, on the North West River, Endorsed, November 14th 1764, In the upper House read the first time and passed.

The Bill for altering the dividing line between the Counties of Dobbs and Pitt;

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

The Bill for altering the Boundary line between the Counties of Dobbs and Pitt

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

The Bill for altering the Boundary line between the Counties of Northampton and Hertford.

The Bill to Confirm the Vestry already chosen for the Parish of Saint Johns in the County of Bute &ca

The Bill to confirm an agreement with the Chiefs of the Tuscarora Indians, and Thomas Whitmell and others &ca Endorsed, November 15th 1764 In the upper House read the first time and Passed

The Bill for making adequate allowances to the members of his Majesty's Honble Council, and the members of the Assembly, for their Services in attending the General Assemblies, and

The Bill to appoint an agent to solicit the affairs of this Province at the Several Boards in England &ca Endorsed, November 14th 1764. In the upper House, read the second time, amended, and passed.

Upon which this House observe that the Council had inserted in the said Bill the Name of another Person in the room of that of Thomas Barker Esqr the Person proposed and voted agent in this House by a great Majority thereof, Thereupon the House 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 this 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 way contribute to the service of his Majesty, or the Good of the Province, but on the Contrary, may be, and for some years past, has been, of considerable Prejudice to the Interest of both

Resolved that the arbitrary and injudicious Exercise of this Power by the Members of his Majesty's Council as a Branch of the Legislature,

-------------------- page 1288 --------------------
is of a Tendency extremely injurious to the well-being of the Province,

Resolved, that it is the opinion of this House, that the said Thomas Barker Esqr during his long Residence in this Province, approved himself a dutiful and Loyal subject of his Majesty, a valuable and useful Member of society, and acquitted himself with Honorable Reputation of several weighty and Important Public Trusts for many years, under his management and direction; and that the said Thomas Barker Esqr from his known Probity and Ability, his Interest in, and Perfect Knowledge of, the Commerce and Constitution of the Province is well enabled to render it the most lasting and substantial Services as agent thereof

Resolved, that the Refusal of a Governor or the Council, to concurr with the Assembly's Nomination and appointment of an Agent is expressly contrary to the Purport of a Letter of the Right Honorable the Lords Commissioners of Trade and 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

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading for the third time, the Bill to amend an Act Intituled an Act, to Establish Inferior Courts of Pleas & Quarter Sessions in the Several Counties in this Province:

We would propose the following amendments thereto To dele that part of the amendments made by you on your third reading marked (4) which repeal the Eleventh & Twelfth Sections 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 hereafter be 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

-------------------- page 1289 --------------------
in the Notice served on such Clerk at least ten days before such 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 failure so to do the Court shall give Judgment for the whole sum mentioned in such Notice and award Execution thereto.

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

Received from the Council the Bill for appointing a Printer to this Province, and The Bill to Encourage the Building a bridge over Rockfish Creek

Endorsed, November 15th 1764, In the upper House, read the second time amended and Passed.

The Bill for the relief of Abraham Jones Esquire former Sheriff of Edgcomb County, Endorsed November 15th 1764, In the upper House read the third time and Passed

Ordered to be Engrossed, and

A Bill for Regulating offee Houses, Endorsed, November 15th 1764, In the upper House read the first time and passed.

Received from his Excellency the Governor the following Written Message Vizt

Mr. Speaker & Gentlemen of the Assembly,

I recommend 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 allowance but also proportioned to the privileges of the several Counties. I therefore Earnestly recommend, that the several Counties after this Session may pay their respective Members; and that the same be ascertained in sterling Money, payable at the current rate of Exchange.

ARTHUR DOBBS.

On motion ordered that the Bill to prevent the unreasonable destruction of Fish in the Rivers Meherrin, Peedee and Catawba, be read the second time, read the same amended, passed and ordered to be sent to the Council.

Sent by Mr. Thomas Jones and Mr. Montfort

Ordered that the following Message be sent to the Council,

On reading and considering your Message of this day relative to the amendment by you proposed to the Inferior Court Bill the House

-------------------- page 1290 --------------------
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.

JOHN ASHE Sp.

On motion ordered the Bill to appoint an agent to solicit the affairs of this Province at the several Boards in England be read a third time, read the same, amended passed and ordered to be sent to the Council

Sent by Mr. Jones and Mr. Montfort

Received from the Council the Bill for regulating the Pilotage of Cape Fear River, Endorsed, November 13th 1764. In the upper House, read the first time and Passed, and,

The Bill to continue an Act therein mentioned, Endorsed, November 16th 1764, In the upper House read the second time and passed.

Mr. Johnston and Mr. Elmsley moved for leave to absent themselves from the service of the House.

Ordered that they have leave accordingly

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment.

Resolved, that Mr. Needham Bryan enquire into the cause of the Tuscarora Indians attending this Assembly, and provide necessaries for their subsistance, and report thereon

Mr. Montfort acquainted the House that he together with Mr. Jones had waited on the Council and seen the amendments proposed by them to the Inferior Court Bill inserted therein.

Resolved that the following Message be sent to his Excellency Vizt

Sir In answer to your Excellency's Message of this day, recommending to the Consideration of this House, a more Adequate Provision for defraying the Expence of the Members of both Houses for their attendance at the Assemblies; We beg leave to inform your Excellency, we have under Consideration a Bill for that Purpose.

JOHN ASHE Sp.

On motion ordered, that the Bill to amend an Act, therein mentioned, be read read the same a second time, amended passed, and ordered to be sent to the Council

On Motion ordered that the Bill for rendering more effectual the Laws making Lands and other real Estates, liable to the Payment of

-------------------- page 1291 --------------------
Debts, be read, read the same a third time passed and ordered to be sent to the Council.

Sent the above two Bills by Mr. Leech and Mr. Cray

Then the House Adjourned till 10 oClock Tomorrow Morning


Friday November 16th 1764. The House met according to Adjournment

Mr. Joseph Leech one of the members for Craven County appeared and took his seat in the House.

On motion ordered the Bill for regulating Coffee Houses be read the first time read the same, passed and ordered to be sent to the Council

On motion ordered that the Bill to amend and continue an Act Intitled an Act for dividing this Province into five several districts &ca. be read the third time, read the same, amended passed and ordered to be sent to the Council

On motion ordered the Bill for making adequate allowances for the members of his Majesty's Honorable Council, and members of the Assembly for their services be read, read the same a third time amended passed, and ordered to be sent to the Council

Sent the above two Bills by Mr. Leech and Mr. Cray

Received from his Excellency the Governor the following Written Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

It being very much for the Benefit of the Trade and Commerce of this Province that a Regular and speedy Correspondance should be carried on with the Northern and Southern Colonies of this Continent, and with Great Britain; his Majesty having Graciously pleased to facilitate so necessary a Correspondance, by appointing a Packet Boat to call at the Islands and Southern Provinces of this Continent, and to return with Letters and Dispatches from Charles Town to England; having before appointed Packet Boats from England to New York

I think it for his Majesty's Service and for the Public Benefit of this Province as also my duty, to recommend to you, the proper encouragement to Establish a post, once a Fortnight, to carry Letters from Suffolk in Virginia thro' this Province at least to our Southern Boundary; the General Assembly of South Carolina Concurring in carrying it on from thence to Charles Town; which I hope will, having wrote to the Lieutenant Governor to recommend it to the

-------------------- page 1292 --------------------
Assembly, to Concur with this Province in obtaining so speedy and Necessary a Correspondance thro' all the American Provinces

ARTHUR DOBBS

On motion ordered that the Bill, for appointing a Printer to this Province be read, read the same a third time, amended passed and ordered to be sent to the Council

On motion ordered that the Bill to continue an Act, therein mentioned be read, read the same a third time amended, passed and ordered to be sent to the Council

Sent the above two Bills by Mr. Leech and Mr. Cray

Received from the Council the Bill, to prevent the unreasonable Destruction of Fish in the Rivers Meherrin, Pee Dee and Catawba, Endorsed, November 15th 1764, In the Upper House read the second time and passed And also the following Message Vizt

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 amendments,

Page 4 Line 17. That Blounts Creek Durham's Creek & South Dividing Creek be dele'd, as well as the following Section beginning at 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 or 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 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 where 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 if any person or persons having at any Landing which is not by this Act appointed a place for Public Inspection a quantity of Merchandize for Exportation and being desirous to ship the same directly on Board a Vessell for Exportation from 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

-------------------- page 1293 --------------------
mentioned anything in this Act, contained to the Contrary notwithstanding.

That at Letter B page 10, be inserted these words—(Contain thirty One Gallons & a half)

And in regard to Public faith for the Prosperity of the back Country in particular and to 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.

Resolved that the following Message be sent to the Council Vizt

Gentlemen of his Majestys Honble Council,

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

JOHN ASHE Sp.

On motion ordered that the Bill for Building a Bridge over Rockfish Creek be read the third time. read the same, amended passed, and ordered to be sent to the Council

Sent by Mr. Leech and Mr. Cray.

Received from the Council the Bill to amend and Continue an Act, to Establish Inferior Courts of pleas and quarter Sessions, and

The Bill to prevent the Exportation of unmerchantable commodities, Endorsed, November 16th 1764, In the Upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to Confirm the Vestry already chosen for the Parish of Saint John's in the County of Bute &ca be read the second time, read the same, amended, passed and ordered to be sent to the Council.

Sent by Mr. Leech and Mr. Cray.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to Adjournment.

Mr. George Barrow one of the members for Hyde County appeared, and took his seat in the House.

On motion ordered that the Bill to enable William Dry, Esquire,

-------------------- page 1294 --------------------
to make a Road across Eagles Island from Wilmington be read, read the same a second time, amended, passed and ordered to be sent to the Council.

On motion ordered the Bill for Altering the dividing Line between the Counties of Northampton and Hertford be read, read the same a second time, amended, passed and ordered to be sent to the Council.

On motion ordered that the Bill for altering the dividing line between Dobbs and Pitt; and for Establishing a Public Ferry at the red Banks, be read, read the same a second time and amended.

Then the motion was made, and the question put, if the said Bill pass, and was carried in the Negative.

On motion, ordered the Bill for enlarging the time of saving Lots in the Town of Halifax be read, read the same a second time, passed and ordered to be sent to the Council.

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

Then the House Adjourned till 10 oClock tomorrow morning.


Saturday November 17th 1764. The House met according to Adjournment.

Mr. Kenan and Mr. Mackelwean moved for leave to absent themselves from the service of the House.

Ordered that they have leave accordingly.

On motion ordered the Bill to confirm an agreement with the Chief of the Tuscarora Indians, and Thomas Whitmell and others be read the second time, read the same a second time.

Resolved, the House Resolve into a Committee of the whole House to consider the subject matter of the said Bill. The House Resolved into a Committee of the whole House accordingly, and chose Mr. Starkey Chairman; who took the Chair accordingly. After some time spent therein Mr. Speaker resumed the Chair, Mr. Chairman reported that the Committee had considered the subject matter contained in the said Bill and are of opinion that the said Bill be rejected by the House, on which the question was put and carried in the Affirmative.

On motion ordered the Bill for regulating Proceedings in the Court held for the Borough of Wilmington be read, read the same a second time.

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

-------------------- page 1295 --------------------
into a Committee of the whole House accordingly and chose Mr. Starkey Chairman, who took the Chair, after some time spent therein Mr. Speaker resumed the Chair, Mr. Chairman Reported that the Committee had Considered the subject matter contained in the said Bill, and proposed several amendments thereto, which he read and was approved of by the whole House and ordered to be inserted in the said Bill

The same are inserted Accordingly. Then on motion the said Bill passed with the said amendments and ordered sent to the Council

Sent the same by Mr. Harnett and Mr. Leech

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to amend and Continue an Act Intitled an Act for dividing this Province into five several districts, and for establishing a Superior Court of Justice in each of the said Districts &ca. We propose to amend the same, by steting the two Clauses dele'd by you on your third reading, relative to the allowance to the Associates of Halifax, Edenton, New Bern and 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

And also the Bill for enlarging the time of Saving Lots in the Town of Halifax &ca, and

The Bill to Confirm the vestry already chosen for the Parish of St John's in the County of Bute &ca Endorsed, November 17th 1764, In the upper House read the second time and Passed

Likewise the Bill to Continue an Act therein mentioned, Endorsed, November 17th 1764, In the upper House read the third time and Passed Ordered to be Engrossed.

Mr. Campbell, Mr. Thomas Jones and Mr. Cumming, moved for leave to absent themselves from the service of the House

Ordered that they have leave accordingly

Received from the Council the Bill to Enable William Dry Esquire to make a Road across Eagles Island from Wilmington &ca Endorsed, November 17th 1764, In the upper House read the second time amended and Passed

Resolved the following Message be sent to the Council

-------------------- page 1296 --------------------

Gentlemen of His Majesty's Honble Council

In answer to your message, relative to the amendments you propose to the Bill to amend and continue an Act Intitled an Act for dividing this Province into five several districts, and for Establishing a Superior Court of Justice in each of the said Districts 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 Sp.

Sent by Mr. Williams and Mr. Giles.

The House taking into Consideration the Letter laid before them by Mr. Speaker which he received from a Committee of the House of Representatives of the Province of Massechusets relating to a Representation by that Province regarding the Sugar Trade, Stamp duties &ca Resolved that Mr. Speaker, Mr. Starkey, Mr. McGuire and Mr. Harnett and Mr. Maurice Moore be a Committee to answer the above Letter

Then the House adjourned till 4 oClock in the Afternoon

P. M. The House met according to Adjournment

Received from the Council the Bill for Regulating Proceedings in the Court held for the Borough of Wilmington, Endorsed, November 17th 1764, In the upper House read the second time amended and Passed

The Bill for altering the Boundary Line between the Counties of Northampton and Hertford, Endorsed, November 17th 1764. In the upper House read the second time and Passed.

The Bill to Continue an Act, Intitled an Act, to Establish a Ferry from Solley's Point to Relfe's Point &ca Endorsed, November 17th 1764, In the upper House read the first time and Passed.

Then the House adjourned till 10 oClock Monday Morning.


Monday November 19th 1764. The House met according to Adjournment

On motion ordered that the Bill to amend and Continue an Act Intitled an Act to Establish a Ferry from Solleys Point to Relfes Point, be read, Read the same a second time amended, passed and ordered to be sent to the Council

On motion ordered that the Bill for altering the Boundary line between the Counties of Northampton and Hertford be read the third time, read the same, passed and ordered to be sent to the Council.

-------------------- page 1297 --------------------

On motion ordered that the Bill to confirm the Vestry of the Parish of Saint John's in the County of Bute &ca be read, Read the same a third time passed and ordered to be sent to the Council.

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

On motion ordered that the Bill for enlarging the time of saving Lots in the Town of Halifax, and other purposes, be read, Read the same a third time passed and ordered to be sent to the Council.

On motion ordered that the Bill to prevent the unreasonable destruction of Fish in the Rivers Meherrin, Pee Dee, and Catawba, be read the third time, read the same amended, passed and ordered to be sent to the Council

On motion ordered that the Bill to regulate the Proceedings in the Courts held for the Borough of Wilmington, be read the third time, read the same, amended passed and ordered to be sent to the Council

On motion ordered that the Bill for Regulating the Pilotage of Cape Fear River be read the second time, read the same a second time passed and ordered to be sent to the Council

Sent the above eight Bills by Mr. Gray and Mr. Person

Then the House adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment

Mr. Needham Bryan laid before the House an Account of the amount of nineteen shillings and Eight pence paid by Mr. Thomas Whitmell for necessary Provisions and Liquors for the Tuscarora Indians now in Town; and also an account from Francis Liner, amounting to one pound Two Shillings for the like Necessaries for the said Indians, which were approved of by the House, and ordered that the Treasurers, or either of them pay the said Sums to the said Whitmell and Liner, and that they be allowed the same on Passing their Respective Accounts with the Public

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday November 20th 1764 The House met according to Adjournment

Received from the Council the following Message Vizt

-------------------- page 1298 --------------------

Mr. Speaker and Gentlemen of the Assembly

On reading a 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 the words following dele'd by you on your third reading in the Proviso annexed to the 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 where adjudged to be Assets for paying his or her Debts as aforesaid)

We think it necessary and therefore propose to stet these words (by Virtue of a Writ of Venditioni Exponas which the Court is thereby requested 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.

Resolved that the following Message be sent to the Council, Vizt

Gentlemen of his Majestys Honble Council

In answer to your Message of yesterday, wherein you propose several amendments to the Bill for rendering more effectually the Laws making the Lands and other Real Estates, 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 this Bill, which is to secure the title of Purchasers under a Sale of a Removal or deceased Sheriff, & hope you will pass the Bill as sent you from us.

JOHN ASHE Sp

Sent by Mr. McGuire and Mr. Mau. Moore.

Received from the Council the following Bills Vizt

The Bill for Enlarging the time of saving Lots in the Town of Halifax &ca

The Bill to confirm the vestry already chosen for the Parish of St John's in the County of Bute; and to enable the Freeholders of Pasquotank, Anson and Currituck, to elect Vestries

The Bill to prevent the unreasonable Destruction of Fish in the Rivers Meherrin, Pee Dee, and Catawba

-------------------- page 1299 --------------------

The Bill for altering the Boundary Line between the Counties of Northampton and Hertford, Endorsed, November 10th 1764, In the upper House read the third time and passed

Ordered to be engrossed

Mr. Nash presented a Certificate from the County Court of Orange, thereby recommending that John Baily, John Talbert Thomas Barnes, Benja Davis, John Whaler, Jacob Whitehead, Annanias Allen, William Brooks, John Crow, Miles Goeforth, Joseph Sutten, William Saterfield Senr, Thomas Wilson Senr, Patrick Mullen, Thomas Hart, Frederick Natt, David Castleberry, John May, William Kennedy, John Harrington, James Jones and Allridge Reward to be exempt from paying of Taxes.

Mr. Crawford presented a Certificate from the County Court of Anson, therein recommending Lewis Williams to be Exempt from Paying Taxes and doing Public duties.

Mr. Caswell presented a Certificate from the County Court of Dobbs, therein recommending Lewis Williams to be exempt from Paying Taxes and doing Public duties

Mr. Howe presented a Certificate from the County Court of Craven therein recommending John Ferguson to be exempt from Paying Public Taxes and doing Public duties

Ordered that the above mentioned Persons be exempt accordingly

Received from the Council the Bill to amend and Continue an Act, Intitled 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

The Bill for rendering more effectual the Laws making Lands and other real Estates liable to the Payment of Debts, Endorsed, November 20th 1764. In the upper House read the third time and Passed.

Ordered to be Engrossed

Then the House adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment.

The House taking into Consideration the Message from His Excellency the Governor of the 16th Instant, regarding a proper Encouragement for Establishing a Post to carry Letters from Suffolk in Virginia through this Province &c.

Resolved that the sum of One Hundred and thirty three Pounds six shillings and eight pence Proc. Money, be paid to the Post Master General, if the said Post Master General shall cause a proper

-------------------- page 1300 --------------------
person or persons to ride post through 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 and eight pence shall be paid by the Treasurers of this Province, out of the fund for Contingencies, by a Warrant from the Governor or Commander in Chief of this Province.

Resolved that the following Message be sent to the Council

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 Proclamation Money, 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.

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday November 21st 1764. The House met according to Adjournment.

Received from the Council the Bill for the relief of Insolvent Debtors, Endorsed, November 20th 1764. In the upper House read the second time, amended and passed, and

The Bill to regulate the Proceedings in the Court held for the Borough of Wilmington. Endorsed, November 19th 1764. In the upper House read the third time and passed.

Ordered to be Engrossed

Resolved that the following Message, be sent to the Council Vizt

Gentlemen of His Majesty's Honble Council,

In the Bill for regulating the proceedings in the Court held for the Borough of Wilmington, we beg leave to inform your Honours that the Clerk of our House has made a Mistake in the inserting these

-------------------- page 1301 --------------------
words to wit, (between Persons resident and Transient persons not residing in the Province) only in the Preamble, Whereas it was the intention of this House, that the same should also have been here 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 Honors, 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 Honors shall esteem most consistent with the rules of Parliament.

JOHN ASHE, Speaker.

On motion ordered the Bill for the relief of Insolvent Debtors be read, read the same a third time amended passed and ordered to be sent to the Council

Sent by Mr. Starkey and Mr. Montfort

Received from his Excellency the Governor the following Written Message Vizt

Mr. Speaker and Gentlemen of the Assembly

The Bill for appointing a printer having failed, I have by and with the advice and consent of his Majesty's Council, thought fit to appoint Andrew Stewart printer to his Majesty in this Province for the Term of Eighteen Months, from the 24th Day of June last, the time of his arrival here with orders to print and disperse the Acts to be passed, and such other Acts of Government as the printer hath been accustomed to do; and also the Votes of the Assembly, if you Choose to have them Printed by him; and that there may be no Occasion on this Account to call the Assembly soon, I recommended it to you to enable me to allow him an Adequate Salary; This you are in Honor bound to, by a Resolve of the Assembly made last Session, upon the faith of which, he hath been Engaged to come hither as Printer, and hath entered upon the Office

ARTHUR DOBBS

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly.

On reading a third time the 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.

We would propose to dele the word Driver in that Clause relative

-------------------- page 1302 --------------------
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 them made.

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, wherein you propose several amendments to the 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; this House concurr with you on such amendments and send herewith Mr. Starkey & Mr. McGuire two of the Members thereof, to see the same inserted in the Bill.

JOHN ASHE, Sp.

Received from the Council the following Bills Vizt

The Bill for Regulating the Pilotage of Cape Fear River, and other Purposes; and

The Bill to amend an Act therein mentioned, concerning Roads,

Endorsed, November 21st 1764, In the upper House read the second time amended and passed, and also

The Bill, to continue an Act therein mentioned, Endorsed, November 21st 1764, In the upper House read the third time and passed

Ordered to be Engrossed

Then the House Adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment.

On motion ordered the Bill to amend an Act, therein mentioned, concerning Roads, be read, read the same a third time, passed, and ordered to be sent to the Council.

Sent the same by Mr. Harnett and Mr. Howe

Received from the Council the Message sent to them from this House of Yesterday regarding the sum to be paid the post Master General, to enable him to cause a proper person or persons to ride from Suffolk in Virginia, thro' this Province, and carry Public Letters and Dispatches from Suffolk in Virginia unto the Southern

-------------------- page 1303 --------------------
Boundary of this Province &ca Endorsed, November 20th 1764, In the upper House Concurred with.

JAMES MURRAY P.

Received from the Council the Bill to Enable William Dry Esquire to make a road across Eagles Islands, from Wilmington to a Plantation of the said William Dry Esquire, on the North West River, Endorsed, November 20th 1764, In the upper House read the third time amended and Passed

Ordered to be Engrossed.

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

Ordered that he have leave accordingly,

Then the House Adjourned till 9 oClock Tomorrow morning


Thursday November 22d 1764 The House met according to Adjournment.

Received from the Council the following Message 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 for Engrossing it, that the Bill should be again debated, and (on finding that certain words are wanting, to answer particular purposes, altered;) this would be proceeding so entirely new, and unparliamentary, that we cannot concur with you in your Message to give the Bill a further reading, nor can we agree with you to have inserted Words, that would so essentially destroy the Good Tendency of the Bill in question.

Whereas it is necessary that the Laws to be passed this Session of Assembly be printed, and Transmitted to the several Counties within this Province; It is therefore Resolved, That James Davis of the Town of New Bern, be appointed to print the Laws and Journals of this Session of Assembly, and all Public Acts of Government; and that he Transmit two Copies of the said Laws and Journals to his Excellency the Governor; one to each member of his Majesty's Council; one to each member of Assembly; Fifteen Copies of the Laws to each County within this Province, for the use of the

-------------------- page 1304 --------------------
Justices thereof, one Copy to the Clerk of each Superior Court; and one Copy to the Clerk of every Inferior Court, what shall be delivered to the persons who ought to receive the same, within three months after the said James Davis shall receive attested Copies of the said Laws and Journals, and for his Service of this, and the Printing the Laws and Journals of the last Session of Assembly, he shall be paid the sum of Two Hundred pounds, inclusive what monies he may have received of John Starkey Esquire, 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.

On motion ordered the Bill for regulating the Pilotage of Cape Fear River and other purposes, be read, read the same a third time, amended passed, and ordered to be sent to the Council

Sent the same by Mr. Starkey and Mr. Montfort

A proposal from Benjamin Heron and Robert Palmer Esquires for Paying in Proclamation Money into the Treasury a sum at 100 p Cent Exchange on Sterling equal to the Money now in England arising to this Province from the last Parliamentary Grant being Considered and approved; it was thereupon

Resolved That John Starkey and Joseph Montfort Esquires Public Treasurers be and are hereby impowered and directed so soon as the said Benjamin Heron and 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 p Cent in Sterling, and shall give them sufficient Bond and security for Paying the other half when they and their Agent or Factor, shall receive the said Money in England, and make and 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 Agents or Factors, to receive the said Money belonging to this Province in England, and give sufficient Discharges for the same

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

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

Sir—

This House herewith send their Resolve of the 20th Instant, to allow and Pay the Post Master General the sum of one Hundred and Thirty three Pounds, six shillings and eight pence for services

-------------------- page 1305 --------------------
by him to be done therein mentioned, which Resolve has had the Concurrence of his Majestys Council and desire your Excellency will please to signify yours in the same manner.

JOHN ASHE Sp.

Sent by Mr. McGuire and Mr. Moore.

Resolved the following Message be sent to the Council Vizt

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 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 Agents 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 Sp.

Sent by Mr. Starkey and Mr. Montfort

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

Sir

On reading the third time, the Bill for regulating the Proceedings in the Court held for the Borough of Wilmington, it was the sense of this House, that the Jurisdiction of the Mayors Court shall be Restricted to those Debts only that should arise in the Borough amongst the Inhabitants thereof, and Transient Persons not residing in the Province, and not to such Debts as shall become due from any Person residing without the Borough; and to this Intent a Clause was directed by the House to be inserted in the Bill, which the Clerk by Mistake, neglected to do, in any other part of the Bill than the Preamble only; by which means the said Bill Passed the

-------------------- page 1306 --------------------
third Reading of this House in that Particular, directly contrary to the sense and design of the House; We therefore well knowing the Pernicious Consequences that will, in all Probability, derive to those we represent, from Passing that Bill into a Law, earnestly request that your Excellency will not give your Assent to the said Bill, and that you will be pleased to signify your pleasure therein

JOHN ASHE Sp

Sent by Mr. McGuire and Mr. Moore

Then the House adjourned till 9 oClock tomorrow morning.


Friday November 23d 1764. The House met according to Adjournment

Mr. Harvey Chairman of the Committee of Accounts reported that the said Committee had settled sundry accounts as by report, which he laid before the House

Ordered the same be read, read the same, which was approved of by the House and sent by Mr. Starkey and Mr. Harvey to the Council for Concurrence.

Mr. Starkey Chairman of the Committee of Claims reported the Committee had settled and allowed several Claims which he laid before the House

Ordered the same be read, The same were read, and after allowance of several and disallowance of some others, which were referred to the House by the said Committee, the said Report was agreed to and sent by Mr. Starkey and Mr. Harvey to the Council for Concurrence.

Received from the Council the Message sent them from this House of Yesterday Regarding the proposals of Benjamin Heron and Robert Palmer Esqrs Purchasing the Money in England due to this Province, Endorsed, November 23d 1764 Concurred with

JAMES MURRAY P. C.

Sent the same by Mr. Starkey and Col Harvey to His Excellency for Concurrence his Excellency returned the said Message Endorsed, Assented to

ARTHUR DOBBS

Resolved, that five Men and one Commissioned Officer be appointed to Garrison Fort Johnston, the officer at four shillings per Diem, and eight pence for subsistance; Ten men at one shilling and four pence per Diem, and eight pence for subsistance, for one year,

-------------------- page 1307 --------------------
to Commence this Day; and that the Pay and subsistance Money for the officer and men appointed last Session of Assembly to Garrison Fort Johnston be discontinued, and that the Commissioners or the Majority of them, rent the House belonging to the said Fort, and apply the money arising therefrom towards taking care of the Guns &ca belonging to the said Fort, to which desire your Honors Concurrence

JOHN ASHE Sp.

Sent by Mr. Nash and Mr. Taylor.

Received the said Message from the Council, Endorsed, November 23d 1764, In the upper House Concurred with as far as relates to the appointment of Fort Johnston.

JAMES MURRAY P.

Then the House Adjourned till 3 oClock in the Afternoon

P. M. The House met according to Adjournment

Received from the Council the following Message, Vizt

On reading a third time the Bill for regulating the Pilotage of Cape Fear River, and other Purposes, We observe that you have dele'd the name of Wm 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 William 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, Vizt

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 so detained.

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

Resolved that the following Message be sent to the Council Vizt

-------------------- page 1308 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day regarding the Amendments 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 Sp.

It appears to this House that the Bill for Dissolving the Vestry Chosen the first of August last passed for the Parish of St James in New Hanover County, as being unduly and illegally Elected; and to Impower the Freeholders of the said Parish to Elect and choose a Legal Vestry, hath been rejected in the Council.

Resolved, that there is no Legal Vestry now Existing for the said Parish; and that the Persons Chosen as a Vestry for the same on the third day of August last, have no legal Authority to Act as a Vestry, or impose or lay any Tax or levy on the Inhabitants of the said Parish, and that all Acts done and ordered, made by them as a Vestry for the said Parish, are null and void.

Then the House Adjourned till 9 oClock Tomorrow morning.


Saturday November 24th 1764. The House met according to Adjournment

The state of the Paper Bills now Current was laid before the House by Mr. Starkey and Addressed to his Excellency Arthur Dobbs Esqr Governor of North Carolina, as follows, Vizt

Sir—In obedience to your Excellency's order relative to the Tender and amount of the Bills of Credit which have been Created, and now subsisting in this Province, we beg leave to report as follows.

That in April 1748 the sum of Twenty one Thousand three Hundred and Fifty pounds, and in March 1754, the sum of Forty Thousand pounds, which sum of sixty one Thousand three Hundred and Fifty Pounds was to be Current and a Lawful Tender in all Payments at the rate of Proclamation standard; that is every four shillings proc. Bills, to be of the Value of three shillings sterling, and for Redeeming and sinking the said Bills, an Annual Poll Tax of one Shilling per poll, was laid on each Taxable person; as also a duty of four pence per Gallon on all Spirituous Liquors Imported,

-------------------- page 1309 --------------------
to Continue until the whole of those Emission should be paid in burnt.

That in the year 1760, there was Emitted in Bills the sum of Twelve Thousand pounds which Bills were a tender at the same Rate as the foregoing, and to be Redeemed by an Additional poll Tax of one Shilling per poll to Commence for the year 1763, and Continue till the whole of this Emission should be paid in and Burnt

That in the year 1761, there was Emitted in Bills, Twenty Thousand Pounds, which Bills were likewise a tender at the same rate as the above mentioned and to be redeemed by an additional poll Tax of two shillings per poll to Commence for the year 1764, and to Continue till the whole of this Emission be paid in and burnt.

That it appears to us from the Treasurers Accounts as passed in the Committee of Public Accounts, that there has been paid in and burnt, on the said several sinking Taxes and duties the sums of Twenty five Thousand Two Hundred and Eighty six pounds Twelve shillings; which leaves a Balance now in circulation of those several Emissions of Sixty eight Thousand and sixty three pounds Eight shillings.

We further beg leave to report to your Excellency, that for the Encouragement of the late War there was issued in the year 1756, Treasury Notes bearing Interest at 6 per Cent for their respective dates 'till the 10th of November 1757, which were also at the rate of Proclamation Money Standard, the Principal sum whereof amounted to three Thousand six Hundred Pounds; and for redeeming them with the Interest arising thereon, a poll tax of two Shillings was laid to be Collected for the year 1756, and an additional duty of two pence per Gallon on all Spirits imported for one year.

That in the year 1757 a further sum in Notes, on Interest on the same terms, was issued to bear Interest till the 29th of September 1758, amounting to Five Thousand three Hundred and six pounds; and for the Redeeming the same a poll Tax of four shillings and six pence was laid for the year 1757, and a Tax on Law Suits for two years.

That in the same year, a further sum in Notes on Interest, redeemable to the 10th day of December 1758, was issued, amounting to the sum of nine Thousand five hundred pounds and to redeem the same with the Interest, a poll Tax was laid, to be collected for the year 1758, of six shillings and six pence per poll.

That in the year 1758, there was issued, Notes bearing Interest

-------------------- page 1310 --------------------
till the 12th Day of December 1759 at the rate above, the sum of seven Thousand pounds; and for redeeming the same a poll Tax of four shillings and six pence was laid, to be paid for the year 1759, and two pence per Gallon on all Spirits to be imported, for the term of four years. That a further sum in notes was issued in the same year, to bear interest till the 10th of June 1761, amounting to the sum of Four Thousand pounds; and for redeeming the same, a poll Tax was laid for the year 1760 of three shillings and one penny per poll. That in the year 1759, there was the sum of five Thousand five hundred pounds of the above notes, which had been borrowed from their respective funds, and reuttered but to carry no further Interest, which sum was replaced by a tax of one shilling and eight pence per poll, for three years, and therefore neither adds or diminishes the Country Bills.

The amount of the Principal sums of the several Emissions of notes, is Twenty nine Thousand four Hundred and six pounds; which with the Interest thereon, as well as those already redeemed and burnt, as on those still in circulation amounting by the Exactest Computation that can be made, to one Thousand three Hundred and seventy pounds makes a Total amount of Principal and Interest to be Thirty Thousand seven hundred and seventy six pounds.

We further observe, that from the several Taxes and duties laid to redeem the said Notes and Interest thereon, there has been collected, paid in and burnt of the said Notes, Including the Interest thereon, the sum of Twenty three Thousand Eight Hundred and seven pounds three Shillings and ten pence, which leave a Ballance of those Notes, including the Interest due thereon of six Thousand nine Hundred and sixty eight pounds sixteen Shillings and two pence, still in circulation.

From the foregoing it will appear to your Excellency that there has been Emitted from April 1748 to the present time in Bills of Credit at Proclamation standard the sum of Ninety three Thousand three hundred and Fifty Pounds; and of Notes on Interest (at same standard) Thirty Thousand seven hundred and seventy six pounds; making in the whole, One Hundred and Twenty four Thousand, one hundred and Twenty six pounds; and that there has been burnt of the said Bills and Notes, including Interest Conformable to the several Acts of Assembly for Creating them, in the whole, the sum of Forty nine Thousand and ninety three pounds fifteen shillings and ten pence, leaving now in Circulation of the several Emissions of Paper Currency for this Province, the sum of seventy five Thousand

-------------------- page 1311 --------------------
and Thirty two pounds four shillings and two pence, for sinking whereof, there is, for the future a poll Tax of four Shillings per poll, to be paid annually throughout the province; and a duty of four pence per Gallon on all Spirits imported; both to Continue until the whole paper Currency be burnt thereon. All which is humbly submitted &c

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 have 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 seem to be rendered useless, or a mere property of his Excellency; and that himself by and with the advice and consent 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 Tallage, 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 Subjects and our indubitable rights do Resolve, That we know of 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 the proceedings in the Court held for the Borough of Wilmington, to his Excellency for Assent.

Received from his Excellency the Governor a Written Message Vizt

Mr. Speaker—

The Votes and Resolutions of the Assembly have never been Produced or shewn to me, as they ought to have been; I can neither pass the Bills nor Prorogue the Assembly until I have perused them. I therefore Expect that you will send the original Votes and Resolutions

-------------------- page 1312 --------------------
in Manuscript for my Perusal, in order to my Passing the Bills and giving a Recess to the General Assembly.

ARTHUR DOBBS.

Resolved, that no Bills shall be received in the House after this Day.

Then the House adjourned till 9 o'clock Monday morning


Monday, November 26th 1764 The House met according to Adjournment.

Received from his Excellency the Governor the following Written Message Vizt

Mr. Speaker and Gentlemen of the Assembly

Having received no Answer to my Message about the Printer, and finding now by your Resolution, that you insist upon a right of appointing a Printer for the affairs of Government, I must acquaint you, that it is his Majesty's undoubted prerogative to nominate and appoint a printer to Publish his Proclamations and orders of Government, and to Publish his Laws; and that the right of the Commons or lower House of Assembly, is only to appoint a Printer to publish their Votes and Resolutions during their Sessions, which in Britain, they have always given a power to their Speaker to appoint; and when the printing and Publishing is attended with Expence, it is the duty and privilege of the Lower House to raise and provide an Adequate sum for the same

I do therefore once again inform you, that in support of his Majesty's Just Prerogative, I have appointed Andrew Stewart to be his Majesty's Printer; and do recommend it to you to raise and allow him an Adequate sum for the same, pursuant to your Resolution of last Session; for as his Majesty hath been greatly pleased to give me leave of absence, to go to Britain, for one Year for the Recovery of my Health, it will give me great Pleasure to have the Power of Representing the proceedings of the Lower House of Assembly, in a favourable light to his Majesty, and not to be obliged to represent them as encroaching upon his Majesty's Just prerogative: When you have fully considered this Message, I am Persuaded, from your former Zeal for his Majesty's Service, that you will Comply with it, and enable me with Justice to represent your Loyal Behaviour.

ARTHUR DOBBS.
-------------------- page 1313 --------------------

Resolved the following Message be sent to the Council 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 Journals 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 County within this Province for the use of the Justices thereof One Copy to the Clerk of each 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 Journals and for his service of this, and the printing the 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.

JOHN ASHE Sp.

Sent by Mr. Leech and Mr. Cray.

Received from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly

On considering the Report of the Public Claims, we observe that you have not allowed Frederick Gregg his Claim of £30.50s as store keeper &ca nor His Excellency the Governors Claim of £50 for House Rent &ca we are unanimously of Opinion, that those Claims should be allowed, and desire your Concurrence. And on Considering the Report of the Committee of Accounts approved of by you and sent for concurrence; We find ourselves at a loss to know your Opinion upon the Article relative to Samuel Smith Esquire, We therefore have, for Expedition appointed Lewis De Rossett and Robert Palmer Esquires to confer with such of your Members as you may think proper, as soon as possible.

Whereas Andrew Stewart Printer, having removed himself from Philadelphia, to this Province, at an Instance of a Committee appointed

-------------------- page 1314 --------------------
to agree with a printer to print the Laws and Journals of the last year; and as he came too late to do the Service, and has not received any advantage by his Voyage, and has been at some expence; it is, on motion therefore,

Resolved, that the said Andrew Stewart for his Voyage and Trouble in Coming to this Province, in Consequence of the said Committees Letters be paid one Hundred pounds Proclamation Money, out of the Treasury, from the Contingent fund

Resolved that the following Message be sent to his Excellency the Governor &ca

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

Sir

In answer to your Message of this day, we beg leave to Acquaint you that tho' we do not deny the right you are pleased to mention of appointing a Printer to the Crown; yet it is the sense of this House, that the appointing a Printer for the Province, is the inherent right of the People we represent, and tho' we think it inconsistent with the duty we owe our Constituents, to Burthen them with the Payment of the Salary of any officer, in the appointment of whom our Concurrence is unnecessary; yet in Consideration of Mr. Andrew Stewarts having come into this Province to Perform a Service, which was however effected previous to his Expence and Trouble in coming here, allowed him the sum of one Hundred Pounds Proclamation Money, to be paid out of the Contingent fund

JOHN ASHE Sp

Resolved the following Resolve be sent to the Council Vizt

In the Assembly

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 Honors Concurrence

JOHN ASHE Sp

Sent by Mr. Leech and Mr. Cray

Then the House Adjourned till 4 oClock in the Afternoon

P. M. The House met According to Adjournment

-------------------- page 1315 --------------------

Resolved that the following Message be sent to the Council 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 the 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 the £30.15 disallowed by the Committee of Claims.

It is with concern we inform your Honors we cannot concur with 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 should be at a loss on the Report of the Committee of Accounts respecting Samuel Smith Esquire, as we think the Committee had been very explicit on that Subject; but for your further satisfaction have appointed Mr. Harvey & Mr. Harnett to confer with the members of his Majesty's Honble Council nominated by you for that purpose.

JOHN ASHE Sp.

Sent by Mr. Harvey and Mr. Harnett

Whereas it was Resolved by this House on the 24th Instant in these words following

That Mr. Speaker do not present the Bill for Regulating the Proceedings in the Court held at Wilmington to his Excellency for Assent The same Bill having by manifest mistake passed this House, since which time it has been intimated to us that his Excellency will not pass our many Salutary and Beneficial Bills that are now Engrossed, and are ready to be presented for his Ratification unless that Bill is presented to him. And as we Humbly conceive this Intimation to be an Ill Imputation to the Injury of his Excellency's Character

But as our duty compells us rather to serve our Constituents than rigedly to adhere to that Resolve, do admit our Speaker (If his Excellency shall demand that Bill) to present the same to him after the Public Bills are Passed, That to the utmost of our abilities we may do our Constituents Justice.

Resolved that the following Address be presented to his Excellency the Governor, to wit,

-------------------- page 1316 --------------------

To His Excellency Arthur Dobbs Esqr Governor &ca

The Address of the Commons House of Assembly of the Province of North Carolina

Sir,

Your Excellency having been pleased to notify to us, his Majestys leave given you to return to England for the Recovery of your Health, we the members of the Commons House of Assembly of the Province of North Carolina, beg leave to assure your Excellency, that we are truly sensible of your steady zeal in promoting the rights of the Crown, and flatter ourselves that our Conduct has been conformable to the frequent assurance given of our unalterable attachment to his Majesty and our steady zeal for the support of his Government, and as such hope your Excellency on your return to the Royal presence will faithfully represent our Loyalty and known attachment to his Majesty's Person, Family, and Government. This office of favour we hope we are Intitled to, and from thence doubt not but it will be faithfully performed by your Excellency.

We wish your Excellency a pleasant voyage and a safe arrival in Britain and that your Native Air may have all those Salutary effects for the ReEstablishment of your Health that you can wish

Then the House Adjourned till Tomorrow morning 9 oClock.


Tuesday November 27th 1764. The House met according to Adjournment

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

Gentlemen of his Majestys Honble Council

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

JOHN ASHE Sp.

27th November 1764.

Mr. Harvey from the Committee appointed to Confer with a Committee of his Majesty's Honble Council regarding an allowance of one Thousand pounds to Samuel Smith of London Esquire, Reported, It is their Opinion that the Charge of One Thousand Pounds Sterling for five years Agency ought not to be allowed the said Samuel Smith, as he never was appointed agent to this Province,

-------------------- page 1317 --------------------
and that the Committee of his Majesty's Council proposed to dele the word (as) and (never was appointed agent for this Province) On which the question was put, and Resolved this House do not agree to dele these words.

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

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 £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 from the Conference, cannot agree thereto, therefore desire your Honrs will Concur to let those words stand as first reported by the Committee of Accounts.

JOHN ASHE Speakr

Sent by Mr. Person and Mr. Sykes.

Mr. McGuire and Mr. Nash waited on his Excellency the Governor, and desired his Excellency will be pleased to let them know when they shall wait on him with the Engrossed Bills for his Assent, and also with the Address of this House, and being returned Acquainted the House that his Excellency returned for answer he would receive the House at 4 oClock this Afternoon.

Mr. Speaker with the House waited on his Excellency the Governor with the Address thereof, to which his Excellency was pleased to answer as follows, to wit,

Gentlemen—

I return you my hearty thanks for your approbation of my best Endeavours to promote his Majesty's Interest in this Province, and your wishes for my safe arrrival in Britain and recovery of my Health, and shall faithfully represent the duty and Loyalty of the Assembly of this Province to his Majesty.

Received from the Council the Estimate thereof which was concurred with by this House Except £16 for Chairs and Tables.

Received from the Council the Estimate of this House, Endorsed, Concurred with.

Received from the Council the Resolve of this day of this House

-------------------- page 1318 --------------------
relative to allowing His Excellency the Governor Fifty Pounds for his Extraordinary Expence this Session, Endorsed, 27th November 1764, In the upper House Concurred with.

JAMES MURRAY P. C.
Assented to
Arthur Dobbs.

Received from the Council the Resolve of this House of the 26th Instant allowing Andrew Stewart Printer one Hundred pounds for his Voyage Trouble and Expence in coming to this Province in Consequence of the Committees Letters, Endorsed, 26th November, 1764, In the upper House Concurred with.

JAMES MURRAY P.
Assented to
Arthur Dobbs.

Then the House Adjourned till 3 oClock this Afternoon

P. M. The House met according to Adjournment

Received from the Council the Message sent from this House to them regarding the appointing James Davis Printer to Print the Laws and Journals of this House, Endorsed 27th November 1764, In the upper House the above Resolve was taken under Consideration and Rejected.

His Excellency the Governor sent a Message requiring the Immediate attendance of the House with the Engrossed Bills,

Mr. Speaker with the House waited on his Excellency the Governor, and Mr. Speaker presented the following Engrossed Bills to his Excellency—

To all which his Excellency was pleased to Assent, and then made a Speech to his Majesty's Council and this House a Copy of which to prevent Mistakes Mr. Speaker obtained and then Mr. Speaker with the House returned, Mr. Speaker laid the same before the House which was read, and ordered to be entered on the Journal of this House, and is as follows—

The House taking into Consideration his Excellency's Speech—

Resolved that the Treasurers do not pay any Money out of any Fund by order of the Governor and Council without the Concurrence or direction of this House.

Resolved, that Mr. Speaker procure Copies of all the Laws Passed this Session and Transmit them to James Davis Printer in New Bern to Print and Disperse agreeable to a Resolve of the 26th Instant.