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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
April 03, 1765 - April 08, 1765
Volume 07, Pages 4-7

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[From MS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.


At a Council Held at Wilmington the 3d of April 1765.
Present.
The Honble William Tryon Esqr Lieut Governor and Commander in Chief
The Honble James Murray Esqr Member of Council
The Honble James Hasell Esqr Member of Council
The Honble John Rutherfurd Esqr Member of Council
The Honble Lewis Henry DeRosset Esqr Member of Council
The Honble William Dry Esqr Member of Council
The Honble Robert Palmer Esqr Member of Council
and
The Honble Benjamin Heron Esqr Member of Council

Was read His Majestys Commission To the Honble William Tryon Esqr appointing him Lieutenant Governor and Commander in Chief of this Province, on the Death or absence of the late deceased Governor Arthur Dobbs Esqr.—And His Honor took and afterwards administered unto the several Members of Council now present the Oaths mentioned in an Act passed in the first year of his late Majestys Reign Intituled an Act for the further security of his Majesty Person, and Government, and his succession of the Crown in the Heirs of the Late Princess Sophia being Protestants, and for Extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors.

His Honor also made subscribed and administered to the said Members of Council, the Declaration mentioned in an Act of Parliament made in the 25th year of the Reign of King Charles the second Intituled “An Act for preventing dangers which may happen from Papish Rasusants.

His Honor also took an Oath for the due Execution of his Office, As also the Oath required to be taken of the 4th of George the Third, by Governors of Plantations, and the Members of Council now present

His Honor was pleased, By and with the advice and consent of his Majestys Council to order a proclamation in the following Words—


North Carolina—ss.
By the Honourable Colonel William Tryon Lieutenant Governor and Commander in Chief in the said Province A Proclamation—

Whereas, it is necessary for the peace and Good Government of

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this Province that all Officers therein both Civil and Military should hold themselves Continued in their several places and employments, until my pleasure be further known; I have therefore thought fit, to issue this Proclamation, By and with the advice and consent of his Majestys Council, and do hereby Order signify and declare, That all persons who at the time of the Death of His Late Excellency Governor Dobbs, were duly and lawfully possessed of or Invested, in any office, place, or employment Civil or Military in this Province, And who have not been since removed from such their Offices places or employments, shall be and hold themselves continued in the same offices, places, or employments as formerly they held and enjoyed—the same until my pleasure be further known, And that the said Persons Do not fail, Every one severally according to his place, office, or charge to proceed, In the performance, and execution of all duties thereunto belonging. And further I do hereby will and command all and singular his Majestys subjects in the Province, to be aiding and assisting at the Commandment of the said Officers In the performance, and execution of the said office, as they will answer the contrary at their perils.

By His Honours Command Given under my hand, and to which I have caused to be affixed the Great Seal of this Province—at Wilmington this third day of April, In the Fifth Year of His Majestys Reign, And in the Year of Our Lord One Thousand seven hundred and sixty five
Signed
Wm TRYON
Benjamin Heron Esq.

Ordered, that Express be sent with this proclamation directed to the Sheriff of each County, and to them to Certify by the same Express To the Secretarys Office, the time of receiving the same.—

His Honor was also pleased to order a proclamation for the meeting of the General Assembly for the Province at Newbern the second day of May next.—

Also to Order a Proclamation for Apprehending Alex Simpson late master of his Majestys Sloop the Viper who having fled Justice for the murder of Thomas Whitehurst late Lieutenant of said Sloop, And to offer a reward of fifty pounds proclamation money to be paid to any persons or person, who shall secure said Simpson, so as he may be brought to Tryal for the said murder.

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At a Council held at Wilmington the 6th April 1765
Present.
His Honour the Lieutenant Governor.
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Rutherfurd Esquire
The Honble Lewis Henry DeRosset Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire
and
The Honble Benjamin Heron Esquire

Was read sundry Patents for Land Viz, No 1 to No 130 inclusive, which were all granted except, No 76, 99, 100, 112, 119, 120, 121, 122, 123, 124 and 131.

The Honble John Sampson took the oaths appointed by Law for the Qualification of Counsellors, subscribed the Test, and took his seat at the Board.

Read the Complaint of John Polk upon Oath against the Honble H. E. McCulloh, setting forth the grievances of himself, and in behalf of many other Inhabitants, settled on the lands of George Selvin Esqr on the Tract No 3 in Mecklenburgh County &c. Ordered That the Honble Henry Eustace McCulloh have notice thereof, and answer at the next Session of Assembly. In pursuance of which His Honour the Lieutenant Governor was pleased to write the following letter,

Sir.

Upon complaint being exhibited to me in Council on Oath by John Polk in behalf of himself and others settled on the Lands of George Selwyn Esqr on the Tract No 3, I do by the advice of his Majesty's Council desire you will desist from any steps in Law to dispossess these People, till we meet at the General Assembly to be held at Newbern the 2d of May next, where I expect to see you, at which I hope such measures may be mediated as will tend to the Quieting the minds of the Inhabitants and securing the Peace of his Majestys Province, without Injury to the Proprietor of the said Land,

I am, Sir, Your most obed servant
Wm TRYON.
Henry Eustace McCulloh Esqr

Read sundry Warrants for Land from No 1 To No 433, Inclusive which were Granted No 41. and 74—withdrawn.

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At a Council held at Wilmington 8 April 1765
Present
His Honour the Lieut. Governor.
The Honble James Murray Esquire
The Honble James Hassell Esquire
The Honble John Rutherfurd Esquire
The Honble Lewis Henry DeRosset Esquire
The Honble John Sampson Esquire and
The Honble Benjamin Heron Esquire

Read sundry Warrants for Land from No 434 to No 513 Inclusive which were all granted, except No 463 postponed—

Read Sundry Patents for Land from No 131 to No 135, Inclusive.

Read the Petitions of Robert Kerr, Alexander Osburn and James Armstrong respecting their Lands, when they were ordered to file their Petitions for Resurveys.

Read Petition of Thomas Finney, in respect to his Patent purchased of Robert Dunn, No 845 for three hundred acres of Land, Lying in Bladen County Dated 5th Feby 1754, Setting forth that said Patent interferes with older Patented Lands, and Prays Relief &c. Ordered, that there be a warrant of Resurvey of the said Land and Provided there is any Vacant Land joining the same the surveyor may take in the Quantity mentioned in the Patent, and return it accordingly to have it confirmed.