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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
May 03, 1765 - May 18, 1765
Volume 07, Pages 41-61

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LEGISLATIVE JOURNALS.
[P. R. O. No. Carolina. B. T. Vol. 33.]


North Carolina—ss.

At an assembly begun and held at Wilmington the 3d day of February in the year of our Lord 1764. And continued by several Prorogations untill the 3d day of May in the year of our Lord one thousand seven hundred and sixty-five, and in the fifth year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain &c and then met at New Bern for the Dispatch of public Business &c being the third session of this Assembly.

In the upper House
Present
The Honble James Hasell Esquire
The Honble Chas Esquire
The Honble John Rutherford Esquire
The Honble William Dry Esquire
The Honble Lewis DeRosset Esquire
The Honble Robt Palmer Esquire
The Honble John Sampson Esquire
The Honble Benjamin Heron Esquire

The House adjourned till 3 oclock this afternoon

The House met according to adjournment

Present as above.

His Honr the Lieut Govr was pleased to command the attendance of the Comons House of Assembly in the upper House, who accordingly attended and his Honour delivd to both Houses the follg Speech vizt

Honble Gentlemen
Mr Speaker & Gentlemen of the House of Assembly

His Majesty having been graciously pleased to appoint me to preside as Lieut Governor in this Province, I have called you together immediately after my taking the Government upon me, that I might have your assistance in my Endeavour to Compensate to the Province for the Death of a Gentleman who has so long and so agreeably discharg'd the Important trust reposed in him by his Majesty, and by his Royal Predecessor, of Happy Memory

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It has been a Great Happiness to the Inhabitants of this Province to have enjoyed I might almost say a General security and repose while others of his Majestys Colonies on the Continent, have been Harass'd both by the Indians & European Enemies; they now Enjoy with us the blessings of that general tranquility which the good Providence of almighty god, the Wisdom of his Majestys Councils and the Conduct and bravery of his commanders and troops have so Happily obtained & Established

Altho Gentlemen, You have had Little Experience of the Calamities of war, I am yet confident you are not the less sensible of the advantages of Peace, nor the less thankful to our Gracious Sovereign who so Ardently and so Effectually Laboured to restore it to his People I doubt not but you will Avail yourselves Accordingly of this season of Tranquility to promote the welfare and prosperity of this flourishing Colony, As the best means to do so, give me leave to recommend to you a strict Examination into the state of your Public funds; and an Inviolable Observance of Public faith, which cannot fail to give the People of Great Britain a good opinion of the Credit of this Province, and must in its Consequence essentially tend to promote the Trade Commerce and Welfare of this Colony, the effect of which good Purposes I shall endeavor by my future Conduct to convince you, I have extremely at heart.

I have received Instructions to recommend to you the reenacting an Act for making provision for an Orthodox Clergy passed in 1762 free from the objections which were made to that Act: A copy of which Instructions with the objections to the said Act I have ordered to be laid before you, for your consideration and at the same time recommend to you the Establishing one Clergyman for each parish at the General Expense of the Public to be paid by the Public Treasurers; A number so small in respect to the Extent of the parishes, that were not the good ends to be effected which I most Ardently wish and sincerely believe will acrue from such appointments the Burden would be inconsiderable to the Province and the sallary need never to extend to any greater Number of Clergy under the same Limitation. In this Instance I must more particularly address myself to the Members of the Church of England; and desire them to reflect on the present state of religion in this Province and of the Little prospect there appears of its ever being Properly Established if they but a little while longer suffer their persuasion to lay under a General Neglect; I ground my

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opinion on the Encreasing Numbers of the Different Secetaries in this Province; who in a short period of Time may be the Majority in all Public Assemblies, each of which may then possibly Incline to Establish his own Persuasion; in Preference to the Established Religion at home. If I have pointed out any Consequences that are likely to Attend the continuance of the Neglect of our Religion. I hope no persons of a Different Persuasion will Imagine I am an Enemy to Toleration. I profess myself a warm advocate for it, in the fullest Extent of his Majestys Indulgence, Yet I must inform them I never heard Toleration in any Country made use of as an Argument to Exempt Dissenters from bearing their share of the Support of the established Religion; I therefore hope to meet with your joint concurrence in framing this Act, and Trust you will be convinced it is for the Happiness of the Country that Religion should have but one head, How many Members soever there may be to the body

Gentlemen of the House of Assembly

I shall Lay before you a Letter from his Majesty's Principal secretary of State relative to the establishing a post throughout this extensive Continent: and I hope you will make such ample Provision to Defray the Expense the post master General may find necessary in the Route he directs to be taken thro this Province, as will render his Majesty's Intentions the most Effectual

I am sorry for the loss you have sustained by the Death of the Late Treasurer for the Southern District: and wish a person may be found to succeed him whose abilities, character & Experience in Public Affairs, may give reasonable hopes of his Acting in that Important office wth the integrity and punctuality equal to that of his predecessor.

As this busy season of the year will necessarily require your attention to your Domestick Affairs, I shall Defer mentioning other conditions I have to recommend to you to a more favourable Opportunity, when I shall also be Better prepared to Lay them before you

Honourable Gentlemen and Gentlemen of the House of Assembly

Let unanimity & Despatch cement our endeavours for the Public Service: and let our actions be Directed solely by Principles of Public Utility: for my own part, I can with the utmost sincerity declare that no other consideration shall have any Influence on my conduct: convinced that by Acting from such Motives I can best fulfill his

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Majesty's most Gracious Intentions in sending me here, as well as my own endeavours to render Acceptable service to this country

Guided by the same Principles, I shall ever think it equally my duty to preserve the People in their constitutional Liberty as to maintain Inviolable, the Just and Necessary Rights of the Crown.

Then On motion his Honors speech was taken under consideration & ordered to be read the same was read and ordered that the Honble Lewis DeRosset, Robert & Benjamin Heron Esquires to be appointed a committee

Then the House adjourned till 10 oclock tomorrow Morning


Saturday Morning 4th May 1765

The House met according to adjournment

Present as before

Then the House adjourned till 10 oclock on Monday Morning


Monday Morning 6th May 1765.

The House met according to adjournment

Present
The Honble James Hassell Esqre
The Honble Jno Rutherford Esqre
The Honble Lewis DeRosset Esqre
The Honble Jno Sampson Esqre
The Honble Benja Heron Esqre

The committee appointed by this House to Draw up an address in Answer to His Honrs the Lieut Governors speech Reported that they had Prepared the same which was ordered to be read the same was read & approved of and resolved that the same stand the address of this House and be entered in the Journal as follows vizt

To the Honble Colo William Tryon Lieutenant Governor and Commander in Chief in and over His Majestys Province of North Carolina

The Humble address of his Majestys Council to the said Province.

Sir

We His Majestys most dutiful and Loyal subjects the members of his Council beg leave to return your Honor our sincere and hearty thanks for your speech at the opening of this session. We Embrace the opportunity of congratulating your Honr on your Accession to the Government and with hearts filled with Gratitude Acknowledge His Majestys Paternal goodness in appointing a Gentleman of your

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Honrs Ability & Integrity to preside over us, the Greatest compensation we could have had for the loss we sustained by the Death of his Excellency our late worthy Governor.

Your Honour may be assured that our best Endeavours shall be Exerted to render yr Administration Happy and Prosperous

The Calamities of the war, of which we have had some small Experience has taught us to set a true value on the Inestimable blessings of Peace Procured to us under the Divine Providence by the Wisdom of his Majesty the Steadiness of his Councils and the bravery of his Troops, and to Avail ourselves of those Advantages we shall heartily Join in promoting the Interest and Welfare of this Province Examining the State of our funds, suffering no breach to be made in the Public Faith and thereby promote the Increase and Trade of this Colony.

It is with singular satisfaction we observe your Honours Attachment to the Established Church, of which we profess ourselves members That Christian Spirit void of Enthusiasm or Bigotry which so fully appears in your sentiments, gives us hopes that it will Influence the other House to join us in Passing an Act for Establishing an Orthodox Clergy free from those objections made to the last Act passed for that purpose. we are fully convinced that nothing can tend more to Inculcate the principals of Piety and Virtue than to Establish the Clergy on a respectable footing.

The other Matters your Honour has been pleased to recommend, we shall take into our Serious consideration and shall heartily join the other House in passing such Bills as may best answer the Good Purposes your Honour has in view.

We must Acknowledge ourselves at a loss to express our feelings at that candor and goodness of heart which appears in your Honours sentiments Permit us however Sr to say that we shall endeavour to banish Discord (the bane of Government) and Imitate those amiable qualities of Benevolence and love for the Public good so Conspicuous in your Honour and hope our Conduct in all cases will deserve your Approbation.

Then the House adjourned till tomorrow morning 10 oclock

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Tuesday Morning 7th May 1765

The House met according to adjournment.

Present.
The Honble James Hasell Esqr
The Honble Alex McCulloh Esqr
The Honble John Rutherford Esqr
The Honble William Dry Esqr
The Honble Lewis DeRosset Esqr
The Honble Robert Palmer Esqr
The Honble John Sampson Esqr
The Honble Benja Heron Esqr

This House waited on his Honour the Lieut Governor & by the Honble Jams Hasell Esqr presented him with their address to which His Honor was pleased to make the following Answer, vizt

Honble Gentlemen

Your dutiful and Loyal Sentiments of Affection for our Sovereign cannot fail to give his Majesty satisfaction; and your assurance to Exert your endeavours for the Public advantage and the Happiness of my administration are most acceptable to me.

I thank you for your serious attention to the necessary consideration I have recommended to you, and am pleased to find you coincide with my wishes to see Religion on a respectable Establishment in this Province

The principles you lay down for your Conduct are Justly commendable, and be assured you Will find me always ready to cooperate with his majestys Council in such measures as are likely to Produce the most satisfactory effects

Then the House adjourned till 10 oclock tomorrow morning


Wednesday Morning 8th May 1765

The House met according to adjournment

Present as above

Then the House adjourned till 10 oclock tomorrow morning


Thursday Morning 9th May 1765.

The House met according to adjournment.

Present as before.

Recd from the Assembly by Mr Knox and Mr Bond the following Bills to wit

A Bill for appointing a Public Treasurer for the Southern District in the room of John Starkey Esqre deceased.

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A Bill to enable the Post master Gen1 to carry on the Post thro this Province

A Bill for Altering the times for holding the Superior Courts of Pleas and Quarter Sessions for the County of Cumberland

On Motion read the first time and ordered to lie on the table for consideration.

A Bill for the better regulating of the Town of Nixonton & for confirming and establishing the late survey of the same with the Plans annexed.

Then the House adjourned till 10 oClock tomorrow morning


Fryday Morning 10th May 1765

The House met according to adjournment

Present.
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble Alex: McCulloh Esqr
The Honble Benja Heron Esqr

On motion the following Bills were ordered to be read vizt

A Bill to enable the post master General to carry on the post thro this Province, read the same the first time & passed

A Bill for appointing a Public Treasurer for the southern District, in the room of John Starkey Esqr deceased read the same the first time and passed

Received from the Assembly by Mr Barrow & Mr Bell a Bill for Establishing orthodox clergy. On Motion, read the same the first Time & passed.

Received from the Assembly by Mr Brown & Mr Bonnar a Bill to enable the Inhabitants of this Province to Discharge Judgments Execution and all public Taxes with commodities On motion read the first time & passed.

Received from the Assembly by Mr Howe & Mr Parsons the following Bills to wit.

A Bill to amend part of an Act Intituled an Act for regulating the Pilotage of Cape Fear River and other Purposes.

On motion read this first time & passed.

A Bill to Impower the sheriff of Orange county to collect a Tax of one shilling & sixpence proclamation money Laid on the Taxable persons in the said county by an Act of the Assembly of this Province passed in the 4th year of the reign of his present Majesty.

On Motion read the first Time & passed.

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On Motion the Bill for the better regulating of the Town of Nixonton and for confirming and establishing the Late survey of the same with the Plan Annexed was read the first time and passed.

Then the House adjourned till 10 oclock tomorrow morning.


Saturday Morning 11th May 1765

The House met according to adjourment

Present.
The Honble James Hasell Esqr
The Honble Alex McCulloh Esqr
The Honble Jno Rutherfurd Esqr
The Honble Wm Dry Esqr
The Honble Lewis DeRosset Esqr
The Honble Robert Palmer Esqr
The Honble John Sampson Esqr
& The Honble Benja Heron Esqr

Received from the Assembly by Mr Taylor & Mr Mackelwean the follog Bills, To wit.

A Bill to Amend an Act Intitled an Act to prevent the Exportation of unmerchantable commodities; on Motion read the first time & passed.

A Bill for the better regulating of the Town of Nixonton and for confirming & Establishing the late Survey the same with the Plan Annexed

On Motion read the Second Time and passed

A Bill for appointing a Public Treasurer for the Southern District in the room of John Starkey Esqre Deceased

On Motion read the Second Time Amended & passed.

Received from the Assembly by Mr Moon & Mr Blount the following Bills vizt

A Bill for Opening & Cutting Two Roads from the Ferry in the North west river opposite Eagles Island in Brunswick county & other Purposes

Read the first Time & passed

A Bill to Amend part of an Act entitled an Act for regulating the Pilotage of Cape Fear river & other Purposes

A Bill to impower the sheriff of Orange county to collect a Tax of one shilling & sixpence Proclamation Money Laid on the Taxable persons in the said County by an Act of the Assembly of this Province Passed in the 4th year of the reign of his present Majesty read the Second Time & passed.

Received from the Assembly by Mr Harvey & Mr Caswell a Bill for appointing a printer to this Province

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Recd from the Assembly by Mr Campbell & Mr Gibson a Bill for Enlarging the time allowed for Saving Lots in the Town of Cambelton & Tarborough & other Purposes

Then the House adjourned till 10 oclock on Monday morning


Monday morning 13th May 1765

The House met according to adjournment

Present
The Honbl James Hasell Esqr
The Honbl Lewis DeRosset Esqr
The Honbl Jno Sampson Esqr
The Honbl Alex McCulloch Esqr
The Honbl Wm Dry Esqr
The Honbl Robert Palmer Esqr
& The Honbl Benja Heron Esqr

On Motion the bill for Enlarging the Time allowed for Saving Lots in the Town of Campbelton & Tarborough and other Purposes was read the first time & passed

Recd from the Assembly by Mr Cummings & Mr Montfort the following Bills to wit

A Bill for Facilitating the Navigation of Port Bath Port Roanoke & Port Beaufort

On Motion read the first time & passed.

A Bill for altering the Times of Holding the Inferior Courts of Pleas & Quarter Sessions for the Counties of Pitt Hyde Beaufort Bertie & Halifax

On Motion read the first time & passed

A Bill for appointing a Public Treasurer for the southern Division in the room of John Starkey Esqr Deceased

A Bill for the better regulating of the Town of Nixonton and for Confirming and Establishing the Late Survey of the same with the Plan Annexed

A Bill to Impower the Sheriff of Orange County to Collect a Tax of one shilling & six pence Proclamation money Laid on the Taxable persons in the said County by an Act of Assembly of this Province passed in the 4th year of the reign of his present Majesty

On Motion the bill to amend part of an Act Intitled an Act for regulating the Pilotage of Cape Fear river and other Purposes was read second Time amended & passed.

Then the House adjourned till 9 oclock tomorrow morning

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Tuesday morning 14th May 1765

The House met according to adjournment

Present.
The Honble James Hasell Esqr
The Honble John Rutherfurd Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble Alex McCulloch Esqr
The Honble Chas Berry Esqr
The Honble Wm Dry Esqr
The Honble Robert Palmer Esqr
The Honble Benja Heron Esqr

Recd from the Assembly by Mr Howe & Mr Blount the following bills (to wit)

A Bill for Establishing an Orthodox Clergy, read the second time amended & passed

A Bill confirming the Title of Wm Dry Esquire to certain Lands therein Mentioned

On Motion read the first time and passed

A Bill for Enlarging the time allowed for saving Lots in the town of Campbelton & Tarborough & Other Purposes

On Motion read the second time and passed

Recd from the Assembly by Mr Brown & Mr Giles the following Bills vizt

A Bill to Amend part of an Act Intitled an Act for regulating the Pilotage of Cape Fear river and other Purposes.

A Bill for Facilitating the Navigation of Port Bath Port Roanoke & Port Beaufort

A Bill to Enable the Inhabitants of the Province to discharge all Public Taxes with Commodities

A Bill for the Opening & Cutting two roads from the Ferry on the North West river opposite to Eagles Island, in Brunswick County & other purposes

A Bill for altering the times of holding the Inferior Courts of Pleas & Quarter Sessions for the Counties of Hertford Bertie & Halifax.

Recd from the Assembly by Mr Howe & Mr Blount a bill Confirming the Title of William Dry Esquire to Certain Lands therein Mentioned.

Then the House adjourned till tomorrow morning 10 oclock

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Wednesday morning 15th May, 1765

The House met According to Adjournment.

Present
The Honble James Hasell Esqr
The Honble Lewis DeRosset Esqr
The Honble Jno Sampson Esqr
The Honble Alex McCulloch Esqr
The Honble Chas Berry Esqr
The Honble Wm Dry Esqr
and
The Honble Benja Heron Esqr

On motion the following Bills were ordered to be read vizt

Bill for altering the times of holding the Inferior Courts of Pleas and quarter sessions for the Counties of Hertford, Bertie & Halifax

Read and ordered to lie on the Table

A Bill Confirming the Title of William Dry Esqr to certain Lands therein mentioned

Read the second time amended and Passed.

A bill to Enable the Inhabitants of this Province to discharge all Public Taxes with Commodities.

Read the second time and passed.

A Bill for opening & Cutting two Roads from the Ferry on the Northwest river Opposite Eagles Island in Brunswick County and other Purposes

Read the second time and Passed with amendments.

A Bill for Facilitating the Navigation of Port Bath Port Roanoke & Port Beaufort

Read the second time amended and passed

A Bill to impower the Sheriff of Orange County to Collect a Tax of one shilling & six pence proclamation money laid on the Taxable persons in the said County by an Act of the Assembly of this Province passed in the 4th year of the reign of his present Majesty.

Read the third time and ordered that the following Message be sent to the Assembly vizt

Mr Speaker & Gentlemen of the Assembly

On reading the third time in this House the bill to impower the sheriff of orange county to collect a tax &c We find that there is a Mistake in the first Clause of the said bill that would Defeat the Intent of the bill; we therefore propose that that clause be deled and the follg. one be Inserted instead thereof (to-wit)

Be it Enacted by the Lieut Governor Council & Assembly and by the Authority of the same that the said Poll Tax of one shilling and sixpence for each Taxable in the county of Orange part of the Public

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Tax omitted by the said Thomas Hart in his collection in the year 1763 shall be received & collected by the sheriff of Orange County in his Collection of Public Taxes in the year of our Lord 1765 which said Tax of one shilling and sixpence so Collected shall by him be Accounted for and paid to the Treasurer of the District in the same manner and under the like penalties as are by Law Directed for the Collecting accounting for and paying of other Public Taxes to which amendment if your House agree be pleased to send such of your members as you think Proper to see the same made.

By order
J B Clk.

A Bill to amend part of an Act Intitled an act for regulating the Pilotage of Cape Fear river and other Purposes was read the third time and ordered that the following Message be sent to the Assembly vizt

On reading in this House the third time the bill to amend part of an Act Intitled an Act for regulating the Pilotage of Cape Fear River and other purposes We observe you have deled the clause for rating the Pilotage and have not Deled the Clause immediately following which relate thereto only—We therefore would propose that that clause fixing the rate for Pilots be Steted or the Clause referring to it be deled—We also observe that you have deled the Clause laying an additional duty on Vessels of sixpence per Ton as there is an absolute necessity that such a Duty should be laid for the purposes therein mentioned. We propose to stet the same to be in force for twelve months only and for an Encouragement to the Pilots to do their duty we would propose that the following Clause be added to the bill

And be it enacted by the Authority aforesaid that any person who shall presume to Pilot any Vessell unless in Distress not having a regular Branch according to the Directions of the before recited Act Shall forfeit and pay Twenty pounds proclamation money for every such offence to be recovered by any person sueing for the same in any Court having Cognizance thereof by Action of Debt, Bill plaint or information wherein no Ensoign Injunction protection or wager of Law shall be allowed of We also propose that the following Proviso be added to the said Bill vizt—Provided always that no Lighter or Smaller Vessell belonging to the River of Cape Fear,

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that may be sent to any of the Ports or Inlets along the Coast for Tax or other Effects, shall be obliged to pay any Pilotage unless the master of such Lighter or Vessell take on Board a Pilot in which case the Pilot Piloting the said Vessell may Demand and receive the same Pilotage as he may be Entitled to by the before recited Act—If your House agree to these amendments; you will be pleased to send such of your Members as you think Proper to see the same Inserted In the Bill

Then the House adjourned till tomorrow morning 10 oclock


Thursday Morning 16th May 1765

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex McCulloch Esquire
The Honble Chas Barry Esquire
The Honble Wm Dry Esquire
The Honble Robert Palmer Esquire
The Honble Benja Heron Esquire

Received from the Assembly by Mr Bond & Mr Jones the following Resolve vizt

Gentlemen of his Majesty's Honble Council

On Consideration had on a Message from His Honour the Governour to this House and the Papers therein sent: which Papers we send your Honrs wth this Message; This House have resolved that the sum of £76 be allowed and paid to the Petitioner Peter Chas out of the Monies that shall be paid unto the Committee of Accounts at the Next Session of Assembly on the Sinking Fund and Desire your Honrs Concurrence therewith

JNO ASHE Speaker
By Order
Wm Heritage Clk

15th May 1765

Then on Motion the foregoing Resolve was taken under Consideration and Concurred with

JAMES HASELL Presdt
By Order
J B Clk

Received from the Assembly by Mr Simpson & Mr Wyns the following Bills vizt

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A Bill for Establishing an Orthodox Clergy

A Bill for confirming the Title of Wm Dry Esqr to certain Lands therein mentioned

On Motion read the third time & passed, ordered to be Engrossed.

A Bill for Opening & cutting two roads from the Ferry on the North West River Opposite to Eagles Island in Brunswick County and other Purposes

On Motion read the third Time & passed—ordered to be Engrossed

A Bill to amend an Act Intitled An Act to prevent the Exportation of unmerchantable Commodities—On Motion read the Second Time & rejected

A Bill for Enlarging the Time allowed for saving Lotts in the Town of Campbelton & Tarborough and other Purposes

On Motion the Bill for Establishing an Orthodox Clergy was read the third Time & Ordered that the following Message be sent to the Assembly vizt

Mr Speaker and Gentlemen of the Assembly

On reading a third Time a Bill for establishing an Orthodox Clergy—We think the Repealing Clause there in contained is penned in too general Terms and therefore Propose that the first part of the repealing Clause to the word Except, be Deled, and instead thereof that such repealing Clause shall run in these words

And be further Enacted by the Authority aforesaid that all & every Act & Acts heretofore Passed relative to the making provision for an Orthodox Clergy and all and every Clause and Article contained in any such Act or Acts Except &c as in the Bill—to which Amendment if you agree please to send two of Your Members to see the same Made

By order
J B Clk

Recd from the Assembly by Mr Simpson & Mr Wynns the following Resolve vizt

Gentlemen of his Majestys Honble Council

The Assembly having taken into Consideration the General Advantage that will arise to this Province from having a public Post established therein & that the common Profits arising on the Conveyance of Packquets and Letters will not be sufficient to Defray

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the Expenses thereof & being Desirous, that a Matter of such Public utility should take effect but not having Proper information what sum will be a suitable Encouragement for the Post master General to establish such a post, on which Account it is thought in some measure premature to pass any Law relative to the said Matter. Have therefore Resolved that Mr John Harvey Mr Corbin Mr Pollock Mr Samuel Johnstone and Mr Charles Blount be & they are appointed a Committee to contract and agree with the Post Master General or his Deputy to cause a person or persons to ride post & through this Province & to carry all public dispatches and Letters to & from Suffolk in Virginia to the Southern Boundary of this Government as often as Conveniently may be & to allow to the said post master General or his Deputy for due performance of such service a sum not exceeding the rate of one hundred & thirty three pounds six shillings & eight pence p Annum Proclamation money to be paid out of the public Treasury by a Warrant from the Governor or Commander in chief for the time being & to report their proceedings therein to the next General Assembly and the Agreement which the said Committee or Majority of them shall so enter into for the Purposes Aforesaid shall be and remain in full force And after a public post shall be established as aforesaid & from thence to the end of the next session of Assembly and no Longer and Desire your Honours Concurrence

JNO ASHE Speaker
By order
Wm Herritage Clk

15th May 1765

On motion the above resolve was read and taken under Consideration & concurred with

JAS HASELL President
By order J B Clk.

On Motion the Bill for appointing a public Treasurer for the Southern District in the room of John Starkey Esqr deceased was read the third time & ordered that the following Message be sent to the Assembly vizt

Mr Speaker & Gentlemen of the Assembly

On reading the third time the Bill for appointing a Public Treasurer for the Southern District in the room of John Starkey

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Esqr Deceased We have Deled Lewis DeRosset Nominated in this House for the vacancy & have Steted that Richard Caswell Esqr that was Deled in this House; We therefore propose that the name of Lewis DeRosset be Steted and that of Richard Caswell be Deled Otherwise we cannot pass the Bill—If you agree to this Amendment please send Two of Your Members to see the same made.

By order.
J B Clk.

16th May 1765

Received from the Assembly by Mr Harvey & Mr Cumming the following Message vizt

Gentlemen of his Majestys Honble Council

In answer to your Message of Thursday Relative to the Bill for appointing a Treasurer for the Southern District in the room of John Starkey Esqr Deceased wherein you prepose to Dele Richard Caswell Esqr and steting Lewis DeRosset Esqr to which Proposition we do not agree. Therefore Desire your Honrs will pass that Bill as it was sent you from this House


16th May 1765
JNO ASH Speaker

On Motion the foregoing Message was taken under consideration & the Bill thereto referred; And the said Bill be Rejected Nem Contra

Received from the Assembly by Mr Harvey & Mr Cumming the following Message vizt

Gentlemen of his Majestys Honble Council

On reading your Message of yesterday Relative to the Bill to amend part of an Act Intitled an Act for Regulating the Pilotage of Cape Fear River &c

This House agree to Dele the Clause immediately following that for rating the Pilotage—In the Insertion of that you propose laying a penalty of seventy pounds On any person (not a Branch Pilot for Piloting any Vessell) only adding after the word Vessell (unless in Distress We also agree to the Provisional Clause you mention to be added and send Mr John Harvey and Mr Cumming two of the Members of this House to see the said Alterations made—To that part of your Message wherein you observe we have Deled the

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clause for laying an additional duty of six pence per ton propose to state the same we cannot agree thereto

JNO ASHE Speaker
By Order
W H Clk

16th May 1765

On reading the foregoing message it was agreed that the words unless in Distress be Inserted which was done in presence of the Members therewith sent, and then on motion the Bill message and answer was again read considered & Rejected.

Received from the Assembly by Mr Harvey & Mr Cumming the following message vizt

Gentlemen of His Majestys Honble Councill

To the deleing the clause you proposed to the bill to Impowr the Sheriff of Orange County to collect a Tax of one shilling & sixpence &c and Inserting another in the room thereof mentioned in your Message of yesterday relative thereto this House agree and send Mr John Harvey & Mr Cumming two of the Members of this House to see the one Deled & the other Inserted instead thereof

JNO ASH Speaker

Then on motion the aforesaid amendment was made in the said Bill in presence of the Members sent for that purpose and then the same was again read with the amendment and passed

Ordered to be engrossed.

Received from the Assembly by Mr. Harvy & Mr Cumming the following Bill vizt

A Bill to Enable the Inhabitants of this Province to Discharge all Public county & parish taxes with commodities

A Bill for Facilitating the Navigation of Port Bath Port Roanoke and Port Beaufort

On motion read the third time and passed—ordered to be engrossed

Received from the Assembly by Mr Thomas Howe & Mr James Moore the following Message vizt

Genten of his Majestys Honble Council

On reading your Message of this day relative to the bill for Establishing an orthodox clergy wherein you think the Repealing

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clause in that Act is penned too General, and propose that the first part of the said clause to the word Except be Deled and instead thereof to Insert a repealing clause as you therein mention to which this House agree and send Mr James Moore and Mr Thomas Howe two of the members of this House to see the same Inserted in that bill.

Then on Motion the amendment in the said bill was made in presence of Mr John Moore & Mr Howe members sent for that purpose & the Bill was again read the third time & passed with Amendments. Ordered to be Engrossed.

Then the House adjourned till tomorrow morning 10 oclock


Friday morning 17th May 1765

The House met according to adjournment

Present
The Honble James Hasell Esqr
The Honble Alex McCullock Esqr
The Honble Jno Rutherford Esqr
The Honble Wm Dry Esqr
The Honble Lewis DeRosset Esqr
The Honble Robt Palmer Esqr
The Honble Jno Sampson Esqr
The Honble Benja Heron Esqr

On Motion the Bill to Enable the Inhabitants of this Province to Discharge all public county & parish Taxes with commodities was read the third time & Rejected.

Recd from the Assembly by Mr Howe & Mr James Moore the following Resolve dated the 16th March 1765 vizt

Gentlemen of His Majestys Honble Council

This House have Resolved that William Godfrey be paid out of the public Treasury from the Contingent Fund the sum of Ten pounds for his service and Expense in Transmitting a Copy of the Laws of last Session of Assembly from Wilmington to James Davis Printer in Newbern and Desire your Honrs concurrence thereunto

JNO ASHE Speaker
By order
Wm Heritage Clk

16th March 1765

Then on Motion taken under consideration & ordered to lie on the table

Recd from the Assembly by Mr Harvey & Mr Knox the following Resolve

-------------------- page 59 --------------------

Gentlemen of His Majestys Honble Council

Whereas it is necessary that the Laws to be passed this Session of Assembly be printed & Transmitted to the several Counties within this Province, It is therefore Resolved that James Davis of the Town of New Bern be and is hereby Appointed to print the Laws & Journal 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 Honr the Lieut Governor One to the Chief Justice and his Associate for each District, one to each Member of Assembly, one Copy to the Clerk of each Superior Court—Fifteen Copys to each Inferior Court Clerk for the use of the Justices and one to every such Clerk for the use of the court within three months after the said James Davis shall have Recd attested Copys of the said Laws and Journals. And for this service he shall be paid by the public Treasurer or either of them by a warrant from the Governor or Commandr in Chief for the times being the sum of one Hundred Pounds Proclamation money; and if he shall be guilty of any Neglect in not Complying with this Resolve there shall be a Deduction out of such Allowance made by the Assembly and Desire your Honrs Concurrence

By order
W A Clk
Mr ASHE Speaker

17th May 1765

On motion the foregoing Resolve was taken into Consideration.

Ordered the same lie on the Table for further Consideration.

Then the House Adjourned till 10 oclock tomorrow morning


Saturday morning 18th May 1765

The House met according to adjournment

Present
The Honble James Hasell Esqre
The Honble Lewis DeRosset Esqre
The Honble John Sampson Esqre
The Honble Alex McCulloch Esqre
The Honble William Dry Esqre
The Honble Robt Palmer Esqre
&
The Honble Benja Heron Esqre

On motion ordered that the following Message be sent to the Assembly vizt

Mr Speaker & Gentlemen of the Assembly

This House Desires all Letters and Papers recd from the Agent in England since last session of Assembly be sent for their Perusal in the Upper House


18th May 1765
By order
J B Clk
-------------------- page 60 --------------------

Received from the Assembly by Mr Taylor & Mr George Barrow the following Resolve vizt

Gentlemen of his Majestys Honble Council

This House have Resolved that Couchet Jouvencal be continued Agent for this Province for twelve months to commence from the Expiration of his last Appointment to that Office by the Assembly and that he have and receive the sum of Two Hundred pounds for that time Including his Trouble & Expenses therein, And have also resolved that Robt Howe Esqr be added to the Committee of Correspondence in the room and stead of John Starkey Esqre Deceased and vested with the same power & Authority the surviving Members of the said Committee are vested with—& Desire your Honrs Concurrence.

JNO ASHE Speaker
By order
Wm Heritage Clk

18th May 1765

Recd from the Assembly by Mr Corbyn the estimate of the Lower House which was read & Concurred with & sent to the Assembly

Sent to the Assembly the Estimate of allowances to this House & Recd the same from thence Concurred with

Recd from the Assembly by Mr Howe & Mr Harnet the following Message vizt.

Gentlemen of his Majestys Honble Council

Being informed that in the Resolve sent to Your Honrs of the 17th Inst for your Concurrence relative to James Davis Printer, the said Davis is not Directed to furnish your Honours with Copys of the Laws & Journals, which omission we assure your Honrs has been owing to an Error of the Clerk in Transcribing the same from the Journals and Contrary to the Intention of this House.

JNO ASHE Speaker
By order
Wm Heritage Clk

Then His Honour the Governor came to this House and Commanded the immediate Attendance of the Speaker & Lower House of Assembly. who accordingly attended. & presented to His Honour the following Acts for his Assent.

1st An Act for Establishing an Orthodox Clergy

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2d An Act for Facilitating the Navigation of Port Bath Port Roanoke & Port Beaufort

3d An Act for opening & Cutting two Roads from the Ferry on the North West River &c

4th An Act to Impower the Sheriff of Orange County to collect a Tax of one shilling & six pence &c

5th An Act confirming the Title of William Dry Esquire to certain Lands therein mentioned to which Acts His Honr was pleased to give his Assent except the Act for Facilitating the Navigation of Port Bath Port Roanoke and Port Beaufort which he Rejected.

And then his Honour was pleased to prorogue the General Assembly until the 27th day of November next &c

A true Copy

JNo BURGWYN Clk