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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
October 30, 1766 - December 02, 1766
Volume 07, Pages 291-341

[From Ms. Records in Office of Secretary of State.]
LEGISLATIVE JOURNALS.

North Carolina—ss.

At an Assembly begun and held at New Bern the 30th of October in the year of our Lord one thousand seven hundred and sixty six

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and continued by Prorogation until the 3d day of November following in the seventh year of the reign of our Sovereign Lord George the third by the Grace of God King of Great Britain &ca being the first Session of this Assembly.

In the Upper House
Present
The Honble James Hasell Esqr
The Honble Lewis DeRosset Esqr
The Honble John Sampson Esqr
The Honble Henry E. McCulloh Esqr
The Honble Alexander McCulloh Esqr
The Honble William Dry Esqr
The Honble Robert Palmer Esqr &
The Honble Benja Heron Esqr

The House appointed Hawks Mace Bearer and Edward Saul Sergt at Arms to this House in the room of Richard Jones deceased and John Springs removed—

Then the House adjourned till 10 oClock tomorrow morning—


Tuesday Morning 4th November 1766.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Henry E. McCulloh Esquire
The Honble Alexander McCulloh Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire
The Honble Benja Heron Esquire

John Burgwin produced to this House His Excellency the Governors Commissions appointing him the said John Burgwin Clerk of this House, which was ordered to be read, the same was accordingly read and the said John Burgwin took the several oaths by Law appointed for the qualification of Public Officers and subscribed the Test.

Then His Excellency the Governor came to this House and was pleased to command the immediate attendance of the Speaker and Assembly in the upper House, who accordingly attended—And then His Excellency was pleased to deliver to both Houses the following Speech Vizt

Honble Gentlemen, Mr Speaker and Gentlemen of the House of Assembly.

I have been prevented by many evident reasons from earlier meeting of you, since his Majesty honored me with the appointment to the Government of this Province a trust of so great Honor and

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importance, that nothing diffident as I am of my own Abilities, but the powerful inclination, I feel to render my services acceptable to His Majesty by making them beneficial to this Colony could encourage my endeavours in the discharge of so high an office.

I have now Gentlemen the pleasure to acquaint you that four Acts of the last Session of Parliament have been transmitted to me.

The first, for securing the just dependancy of the Colonies on the Mother Country,

Second, For the repeal of the Act for granting certain stamp duties in America

Third, For indemnifying persons who have incurred certain penalties inflicted by the preceding Act &ca

Fourth, For opening and establishing certain Ports in the Islands of Jamaica and Dominica and for other purposes set forth.

Printed copies of these several Acts I shall order to be laid before you as also by his Majesty's Command the Resolutions of the House of Commons, these will shew you the sense of the House on these points.

The moderation and Paternal care of His Majesty for the Colonies and the unbounded lenity and indulgence of the Parliament so signally displayed in those Acts cannot but dispose the Inhabitants of this Province to the most cheerful obedience to the Legislative Authority of Great Britain and to the Sentiments of the most respectful gratitude to his Majesty and Parliament for such peculiar indulgence and condesension. I am even authorized to say that so full of true magnanimity are the sentiments of both and so free from the smallest colour of passion or prejudice that they seem disposed not only to forget but to forgive those marks of our undutiful disposition testified in the late transactions of the Colonies: animated by those glorious sentiments of His Majesty and the British Parliament, I am happy to follow such shining examples in relation to the Public distractions I myself unhappily experienced.

I am persuaded it will be the glory of this Assembly to adopt and imitate those sentiments of the British Parliament, founded on the clearest principles of humanity and justice; what conduct and behaviour you Gentlemen should observe on this occasion I will leave to the candor of such whose principles are actuated by those noble virtues, generosity, honor and gratitude.

I am to acquaint you Gentlemen of an Indian Petition delivered to me last Summer by a Sachem of the Tuscarora Tribe settled in

-------------------- page 294 --------------------
the Mohocks Country, for the removal of the Tusks Inhabitants of Bertie County, As their request was made agreeable to the Inclination of Sr Wm Johnston and with the approbation of Mr Stewart Superintendant of Indian Affairs, I granted the Chief permission to conduct as many Indians as are willing to accompany him to join the Six Nations, leaving the merits of the petition for the deliberations of this Assembly; As my correspondence with the late Atty. General will best explain my sentiments on this Business I shall order that correspondence and the Indian Petition be laid before you, requesting your assistance and concurrence therein.

Gentlemen of the House of Assembly,

Upon a review of the several establishments of Public Employments in this Province I am of opinion some of the emoluments are inadequate to the services required from the Officers employed in them; I will instance at present, that of the Sheriffs; A Sheriff as an Officer of the Revenue, and being vested with many executive powers, holds an employment of great Trust and importance: how far this Trust has been executed with fidelity and punctuality in many Counties, the Treasurers Accounts will certify. I therefore submit it to you as a remedy to prevent the future neglect or embezelment of Sheriffs, to double the Commission now allowed on their Collection of Taxes out of which a stipend for a Deputy might be allowed; such an establishment would place the Sheriff upon a proper respectable footing and induce Gentlemen of the just probity and most responsible to offer themselves as candidates for that active and important Office. I am persuaded and hope you will concur with me in opinion that the office so established and filled will give more general relief to the Inhabitants as well as credit to this Country, and what is of no small consideration, bring more money into the Treasury.

I must next Gentlemen recommend to your most serious consideration the State of your Public Funds in order to ascertain the real sum in the Treasury, to point out some form by which the Treasurer may be directed to specify in their Accounts the receipts and expenditures for the current or contingent services annually, as also what sums remain in the Treasury as well as what is due from the respective Officers of the Public Receipts. An inspection and regulation of this kind would introduce order and certainty into the Public Accounts which must give great satisfaction to the Country in General and to those Counties in particular whose Taxes

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though regularly collected and paid in have yet been obliged to share the burthen of the deficiencies of others, either not fairly collected or misemployed.

The resolve of the Legislature for the Military Establishment of Fort Johnston having expired some time since, I ordered upon the Credit of the Public that Establishment to be continued together with some necessary repairs to the works, the disbursements on which shall be laid before you, The Artillery and Stores of this Fort being too valuable not to claim the attention of the Public, and as a larger Body of Men than was voted by your last Resolve is really necessary for the preservation and security of the same, I should recommend and wish to see the Establishment augmented

Many of the Public Acts being near expired, I leave the propriety of entering into the consideration of them at this time to your Judgment The system of the Court Laws are found by experience to be on so good an establishment, and afford so easy and regular administration of Justice under the present situation and circumstances of the Country that they appear to want nothing to give them a greater efficacy and dignity but a longer duration with handsome Salaries appointed to the assistant or Associate Judges for such Gentlemen of the Law as may fill those offices.

Other matters which will be the subject of your consideration I may have occasion to communicate to you in the course of this Session.

Honorable Gentlemen and Gentlemen of the House of Assembly,

The Harmony and good understanding that so generally subsists in all ranks through this Province gives me the most sensible satisfaction as it affords me the most pleasing prospect of a happy issue to this general meeting, and that the business of this Session will be carried on with temper, unanimity and dispatch.

On motion, ordered that His Excellencys Speech be read, which was accordingly done, and then on further Motion the House Resolved itself into a Committee of the whole House to take into consideration His Excellency's Speech and chose for chairman the Honble William Dry Esquire who took the chair accordingly—after some consideration the committee came to several Resolutions and then on motion the Honble Mr President resumed his Seat.

The Chairman reported that the Committee had taken under consideration the subject matter of His Excellencys Speech and proposed

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certain heads for an Address in answer to the said Speech which he laid before the House and was agreed to, and the Honble Robert Palmer and Benja Heron Esqr were appointed to draw up an address accordingly.

On motion, ordered that next Friday be set apart for the consideration of the standing rules and Orders of the House and for general amendments of the same.

On motion, Resolved that the Honble Lewis DeRosset and John Sampson and Henry Eustace McCulloh be appointed a Committee of this House to meet a Committee of the Assembly to consider of the decorum hereafter to be observed between the two Houses and of the sums to be allowed to the Clerks and others in future Estimates, and report the same, which after being agreed to by this House and the Assembly and entered on the respective Journals thereof shall be the rules to be observed for the future as to the decorum of the two Houses and for making out the Estimate &c, And ordered that the following Message be sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly,

As this House have nothing more at heart than the preservation of that good order and harmony which every friend of the Public must wish to see subsist cordially between the two Houses, We have taken into consideration a former proposal of appointing Committees to establish the decorum of the same, and have appointed the Honble Lewis DeRosset, John Sampson and Henry E. McCulloh Esqr a Committee of this House to consider and Report upon the Decorum to be observed in the future transacting of the Public Business, between the two Houses; and also as to the sums that shall hereafter be allowed on the Estimates for the Extra Services of the Clerk and the Clerks of the several Committees and other Clerks occasionally employed, which after being concurred with by the two Houses and entered on the respective Journals thereof, shall be the rules to be observed for the future as to their decorum and for making out their Estimates. In conjunction with such of your Members as you shall think proper to appoint.

By order
J. BURGWIN Clk.

4th Nov 1766.

Received from the Assembly pr Mr Fanning and Mr Frohock the following message Vizt.

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Gentlemen of His Majestys Honble Council

This House have appointed Mr Harnett, Mr Harris, Mr Cray, Mr Person, Mr Hewes, Mr Dawson, Mr Johnston, Mr Fanning, Mr Chas Blount a Committee of this House to state and settle the Public Accounts of this Province, And Mr Caswell, Mr Benton, Mr Frohock, Mr Waddell, Mr Vail, Mr Barron, Mr Haywood, Mr Bradford, Mr Paine, Mr Pollock, Mr. Respis, Mr Loyd and Mr Spencer to settle and allow the Public Claims of this Province in conjunction with such of your Honors as you may think proper to appoint

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

4th Nov. 1766.

On motion the above message was read, and ordered that the following Message be sent to the Assembly Vizt.

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committees, We have appointed the Honble Alex McCulloch, Wm Dry, Robert Palmer a Committee of this House to examine state and settle the Public Accounts and the Honble Lewis DeRosset, John Sampson and H. E. McCulloh a Committee of this House to settle and allow the Public Claims.


4th November 1766

Then the House adjourned till 11 oClock tomorrow morning.


Wednesday Morning 5th Nov. 1766.

The House met according to Adjournment.

Present
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Henry E. McCulloh Esquire
The Honble Alex McCulloch Esquire
The Honble Wm Dry Esquire
The Honble Robt Palmer Esquire
The Honble Benj Heron Esquire

The Committee appointed by this House to draw up an Address in Answer to His Excellency's Speech reported that they had prepared the same which was ordered to be read, the same was read and approved and Resolved that it stand the address of this House and be entered on the Journals thereof as follows, Vizt.

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To His Excellency Wm Tryon Esquire His Majestys, Captain, General and Governor in Chief in and over the Province of North Carolina,

May it please your Excellency,

We his Majestys most dutiful and Loyal Subjects the Members of His Council, return your Excellency our hearty thanks for your Speech at the opening of this Session; It gives us the highest satisfaction that we have an opportunity of congratulating your Excellency on your appointment to the Government, and at the same time to express our most grateful acknowledgements for your very affectionate regard, to render your services acceptable to His Majesty by making them beneficial to this Province; which laudable endeavours, We most fervently hope will meet with the desired success.

We thank your Excellency for communicating to us the several Acts of Parliament together, with the Resolutions of the House of Commons, on which points, we cannot but acknowledge our insufficiency to Express our loyalty to his Majesty, respectful gratitude to the Parliament and dutiful affections to our Mother Country for their peculiar regard and tenderness to the Colonies; Flattering ourselves all disturbances are at an end. That your Excellency's Administration will be long, and blessed with every happiness, and that our conduct on all occasion, will evince our steady Resolution to endeavour to imitate such shining examples and adopt these sentiments.

When the matters relative to the Tuscarora Indians come before us, we shall take them into our serious consideration, and shall most readily concur with the other House in every matter recommended by your Excellency, tending to the benefit and advantage of this Province.

We desire to express our ardent inclination to keep up and support the general good harmony subsisting through the Province, more particularly at this general Meeting and beg leave to assure your Excellency that our best services on every occasion, shall be employed to render your Excellency's Administration easy and happy.

Then the House adjourned till 10 oClock tomorrow morning.

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Thursday Morning 6th November 1766

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble H. E. McCulloh Esquire
The Honble Alexander McCulloch Esquire
The Honble Wm Dry Esquire
The Honble Robt Palmer Esquire &
The Honble B Heron Esquire

This House waited on His Excellency the Governor and by the Honble Jas Hasell Esqr presented him with their Address to which his Excellency was pleased to make the following Answer

Honorable Gentlemen,

I thank you for your congratulations on my succession to this Government; for the favorable attention you are ready to pay to the points I recommended to your consideration; and for the offers of your best services towards the Honor of my administration

The Loyalty and attachment you have at all times testified for the Honor and Dignity of the Crown, your professed gratitude and affection, at this time for the Parliament and the Mother Country; with your sentiments of tender regards for the welfare and happiness of the Inhabitants here will I am persuaded recommend you to his Majestys favor, to the Honorable opinion of the Parliament, and to the esteem and good will of the people of this Province

Then the House adjourned till 10 oClock to morrow morning


Friday Morning 7th November 1766.

The House met according to adjournment

Present as before.

Received from the Assembly by Mr Fanning and Mr Persons the following Message Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message of the 4th Instant regarding the Committee by your Honours to settle the decorum between the two Houses, this House have appointed Mr Harnet, Mr Robt Howe, Mr M. Moore, Mr Elmsley, Mr Johnston and Mr Ashe a Committee thereof to join the Committee appointed by your Honours for that purpose

JOHN HARVEY Sp.
By order
Wm Herritage Clk

7th November 1766.
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Then the House adjourned till tomorrow morning 10 oClock.


Saturday Morning 8th November 1766.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Jacob Blount and Mr Maur Moore a Bill for appointing a Public Treasurer in the room of John Starkey Esq deceased.

Then the House adjourned till Monday Morning 10 oClock


Monday Morning 10th November 1766.

The House met according to adjournment,

Present as before

On motion, A Bill for appointing a Public Treasurer in the room of John Starkey Esquire, was ordered to be read. Read the first time and passed.

Receiv'd from the Assembly by Mr Frohock and Mr Spencer, a Bill for the relief of such persons as have suffered or may suffer by not having had their deeds and mesne conveyances proved and registered within the time heretofore appointed for such purposes, On motion read the first time and passed

Received from the Assembly by Mr Fanning and Mr Benton a Bill for confirming a lease made by the Tuscarora Indians to Robert Jones Junr William Williams and Thomas Pugh Esquires, On motion read the first time and passed.

Received from the Assembly by Mr Benton and Mr Harris the following Bills, to wit,

A Bill to amend an Act Intitled an Act for Establishing the Titles of the freeholders in Edenton for laying a tax for finishing the Church begun in the said Town and for the further improvement and better regulation thereof

A Bill to continue an Act Intitled an Act to suppress excessive and deceitful gaming, On motion read the first time and passed.

A Bill to continue an Act for appointing a Militia. On motion read the first time and rejected.

A Bill for the further continuing an Act Intitled an Act for the restraint of Vagrants, On motion read the first time and passed,

A Bill to revive and continue an Act for the more effectual suppression of felonies and punishment of counterfeiters of the paper

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currency of this Province and of Virginia, On motion read the first time and passed

Recd from the Assembly by Mr Barrow and Mr Respess a Bill to impower the Justices of Beaufort County to Build a Court House prison and stocks in Bath Town for the use of the said County,

Received from the Assembly by Mr Knox and Mr Person a Bill for Facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 11th November 1766

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Paine and Mr Moore the following Bills,

The Bill to prevent the entering up of Judgments by confession in certain cases, on motion, read the first time and rejected.

A Bill to encourage Benjamin Heron Esquire to build a bridge over the North East branch of Cape Fear River at or near the place where the ferry is now kept by Edward Davis, On motion read the first time and passed.

A Bill for the relief of such persons as have suffered, by not having their deeds and mesne conveyances proved and registered within the time heretofore appointed for such purposes,

Received from the Assembly by Mr Vail and Mr Benton a Bill for appointing a public Treasurer in the room of John Starkey Esqr deceased

Received from the Assembly by Mr Paine and Mr Blount the following Bills, to wit,

A Bill for the further continuing an Act Intitled an Act for the restraint of vagrants and for making provision for the poor and other purposes, On motion read the second time amended and passed,

A Bill to revive and continue an Act for the more effectual suppressing of Felonies and punishment of counterfeiters of the paper currency of this Province and of Virginia,

On motion read the second time and rejected

A Bill to continue an Act Intitled an Act to suppress excessive and deceitful gaming On motion read second time amended and passed,

Then the House adjourned till 10 oClock tomorrow morning

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Wednesday Morning 12th November 1766

The House met according to adjournment

Present as before,

On motion the following Bills were ordered to be read, to wit,

A Bill to impower the Justices of Beaufort County to build a court house, prison and stock in Bath Town for the use of the said County read the first time and passed,

A Bill to amend an Act Intitled an Act for establishing the Titles of the Freeholders in Edenton for laying a tax for finishing the Church begun in said Town and for the further improvement and better regulation thereof, read the first time and passed.

A Bill for the relief of such persons as have suffered or may suffer by not having had their deeds and mesne conveyances proved and registered within the time heretofore appointed for such purposes read the second time amended and passed.

A Bill for appointing a public Treasurer in the room of John Starkey Esqr deceased, read the second time amended and passed

Received from the Assembly by Mr Harris and Mr Resspess the following Resolve, Vizt.

Gentlemen of His Majestys Honble Council,

We herewith send you the Petition of William Shaw and two Certificates relative thereto; and also the Resolve of this House thereon, and desire your Honours concurrence thereto

JOHN HARVEY Speaker,
By order
Wm Heritage Clk.

12th Nov 1766.

North Carolina—ss.

Tuesday the 11th November 1766. In the Assembly,

Read the Petition of William Shaw setting forth he has been in the service of this Province against the French and Indians on the Ohio, Praying such allowance or provision as this House shall think proper.

The House taking the same under consideration

Resolved, the Petitioner be allowed and paid during his natural life by the Public Treasurers of this Province out of the contingent Tax the sum of Twenty pounds immediately for the present year and ten pounds p annum so long as he shall afterwards live, a certificate being produced before the receipt of each annuity to the

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Treasurer from whom the same shall be received from the Court of the County where he the said William Shaw shall reside at the time the said annuity shall be requested from such Treasurer, that he the said William Shaw is alive

Resolved the above Resolve be sent to His Excellency the Governor and Council for concurrence

JOHN HARVEY Sp,
By order
Wm Heritage Clk.

11th November 1766

12 November 1766. In the upper House concurred with

By order
J. Burgwin Clk.

Received from the Assembly by Mr Smith and Mr Clay the following Bills, to wit,

A Bill for the relief of such persons as have suffered or may suffer by not having had their deeds and mesne conveyances proved and registered within the time heretofore appointed for such purposes, On motion read the third time and passed, Ordered to be engrossed,

A Bill to impower the Justices of Beaufort County to build a Court House, prison and stocks in Bath Town for the use of the said County, On motion read the second time & passed.

A Bill for establishing a school House in New Bern

Received from the Assembly by Mr Ashe and Mr Paine the following Vizt

A Bill for erecting part of Rowan County and part of Orange County into a separate County by the Name of—and Parish of and other purposes &c

A Bill to encourage Benjamin Heron Esquire to build a bridge over the North East Branch of Cape Fear River at or near the place where the ferry is now kept by Edward Davis, On motion read the second time and passed,

Received from the Assembly by Mr Hewes and Mr James Blount the following Bills Vizt

A Bill to amend an Act Intitled an Act for establishing the titles of Freeholders in Edenton for laying a tax for finishing the Church begun in the said Town and for the further improvement and better regulation thereof,

A Bill for confirming the Town of Woodstock and establishing the survey of the same,

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A Bill for erecting a Court House and prison for the District of Edenton,

A Bill for an additional Act to an Act Intitled an Act for restraining of excessive usury,

Received from the Assembly by Mr Haywood and Mr Palmer a Bill for enlarging the time allowed for saving lots in the Town of Tarborough

Then the House adjourned till 9 oCclock tomorrow morning,


Thursday Morning 13th November 1766

The House met according to adjournment

Present as before

Received from the Assembly by Mr Fanning and Mr Elmsley a Bill for erecting a convenient building within the town of New Bern for the residence of the Governor or Commander in Chief for the time being, On motion read the first time and passed,

On motion the following Bills were ordered to be read,

A Bill for an additional Act to an Act Intitled an Act for restraining of excessive usury, read the first time and passed

A Bill to amend an Act Intitled an Act for establishing the titles of the Freeholders in Edenton for laying a tax for finishing the Church begun in the said Town and for the further improvement and better regulation thereof, read the second time and passed.

Received from the Assembly by Mr Bartram and Mr Fanning the following Bills Vizt.

A Bill for the further continuing an Act Intitled an Act for the restraint of Vagrants and for making Provision for the poor and other purposes,

A Bill appointing the method of distributing Intestates Estates, On motion read the first time and passed

A Bill for appointing a Public Treasurer in the room of John Starkey Esq, deceased,

A Bill for a further allowance of Commissions to Sheriffs, Collrs of Taxes and other purposes therein mentioned.

Received from the Assembly by Mr Hewes and Mr Fanning the following Bills Vizt.

A Bill for confirming a lease made by the Tuscarora Indians to Robt Jones Junr William Williams and Thomas Pugh Esquires,

A Bill to continue an Act Intitled an Act to suppress excessive and deceitful gaming

-------------------- page 305 --------------------

A Bill to impower the Justices of Beaufort County to build a Court House, prison and stocks in Bath Town for the use of the said County.

A Bill for joining the navigation of old Topsail Inlet to Neuse River by cutting a navigable canal from the head of Harlows Creek to Clubfoot Creek.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 14th November 1766

The House met according to adjournment.

Present as before,

On motion the following Bills are ordered to be read Vizt,

A Bill for erecting a Court House and Prison for the District of Edenton read the first time and passed.

A Bill for confirming a lease made by the Tuscarora Indians to Robert Jones Junr, William Williams and Thomas Pugh Esqrs, read the second time and passed

A Bill for a further allowance of commissions to Sheriffs and Collectors of Taxes &ca, read the first time and passed

A Bill for joining the navigation of Old Topsail Inlet to Neuse River by cutting a navigable canal from the head of Harlows Creek to Clubfoot Creek, read the first time and passed.

A Bill to impower the Justices of Beaufort County to build a Court House, prison and stocks in Bath Town for the use of the said County read the third time and passed. Ordered to be engrossed.

A bill for the further continuing an Act Intitled an Act for restraint of vagrants and for making provision for the poor and other purposes, read the third time and passed, Ordered to be engrossed.

A Bill to continue an Act Intitled an Act to suppress excessive and deceitful gaming, read the third time and passed, Ordered to be engrossed.

Received from the Assembly by Mr Charlton and Mr Jas Blount the following Bills, Vizt.

A Bill for facilitating the navigation of Port Bath. Port Roanoke, and Port Beaufort

A Bill for establishing a school house in the Town of New Bern.

A Bill to amend an Act Intitled an Act for establishing the titles of the Freeholders in Edenton and for laying a tax for finishing the

-------------------- page 306 --------------------
Church begun in the said Town and for the further improvement and better regulation thereof

Received from the Assembly by Mr Cole and Mr Cogdell a Bill for joining the navigation of Old Topsail Inlet to Neuse River by cutting a navigable Canal from the head of Harlows Creek to Clubfoot Creek

Received from the Assembly by Mr Fanning and Mr Respess a Bill for erecting a convenient building within the Town of New Bern for the residence of a Governor or Commander in Chief for the time being

Then the House adjourned till 10 oclk tomorrow morning


Saturday Morning 15th November 1766

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 Henry E. McCulloh Esquire
The Honble Alex McCulloch Esquire
The Honble Wm Dry Esquire
The Honble Robt. Palmer Esquire
and
The Honble Benjn Heron Esquire

Received from the Assembly by Mr Jones and Mr James Blount the following Bills, to wit,

A Bill to prevent the Inhabitants of South Carolina driving their stocks of cattle from thence to range in this Province and other purposes.

A Bill for a further allowance of commissions to Sheriffs and Collectors of Taxes and other purposes herein mentioned.

A Bill for confirming a lease made by the Tuscarora Indians to Robt Jones Junr, William Williams and Thomas Pugh, Esqrs.

A Bill for erecting a court house and prison for the District of Edenton

Then the House adjourned till 10 oClock on Monday morning.


Monday Morning 17th November 1766

The House met according to adjournment

Present
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Henry E. McCulloh Esquire
The Honble Alex McCulloch Esquire
The Honble Wm Dry Esquire
The Honble Robt. Palmer Esquire &
The Honble Benja Heron Esquire

On Motion ordered that the following Bills be read,

-------------------- page 307 --------------------

A Bill to prevent the Inhabitants of South Carolina driving their stocks of cattle from thence to range and feed in this Province and other purposes, read the first time and passed.

A Bill for confirming the Town of Woodstock and establishing the survey of the same.

A Bill for confirming a lease made by the Tuscarora Indians to Robert Jones Junr. William Williams and Thomas Pugh, Esqrs, read the third time and passed, Ordered to be engrossed,

A Bill for erecting a convenient Building within the Town of New Bern for the residence of the Governor or Commander in Chief for the time being, read the second time and passed.

A Bill for establishing a school House in the Town of New Bern

A Bill for erecting a Court House and prison for the District of Edenton read the second time amended and passed.

Received from the Assembly by Mr Kenan and Mr Ward the following Bills, Vizt

A Bill for appointing a Printer to this Province

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

On motion read the first time and passed.

On motion a Bill to amend an Act Intitled an Act for establishing the Titles of the Freeholders in Edenton for laying a Tax for finishing the Church begun in the said Town and for the further improvement and better regulation thereof, was ordered to be read, read the third time and passed. Ordered to be engrossed.

On motion the following Bills were ordered to be read, Vizt

A Bill for Joining the navigation of Old Topsail Inlet to Neuse River by cutting a navigable canal from the head of Harlows Creek to Clubfoot Creek

Received from the Assembly by Mr Charlton and Mr Paine the following Bills

A Bill to confirm the vestry of St Jame's Parish in New Hanover County and to enable them to lay a tax on all taxable persons within the same. On motion read the first time and passed.

A Bill appointing the method of distributing Intestates Estates. On motion read the second time and passed.

A Bill for confirming the town of Woodstock and establishing the survey of the same.

-------------------- page 308 --------------------

A Bill to revive and continue an Act Intitled an Act to establish a ferry from Solleys Point to Relfes Point whereon the Court House now stands on Pasquotank River.

Received from the Assembly by Mr Moore and Mr Cole, a Bill appointing a Vendue Master for the town of Wilmington in this Province. On motion read the first time and passed

Received from the Assembly by Mr Fanning and Mr Respess the following Bills, Vizt

A Bill for destroying crows and squirrels within the Counties therein mentioned. On motion read the first time and passed.

A Bill concerning the taking up of stray horses. On motion read the first time and passed.

A Bill to amend and continue an Act Intitled an Act for appointing a Militia. On motion read the first time and passed.

A Bill for erecting a convenient building within the Town of New Bern for the residence of the Governor or Commander in Chief for the time being.

A Bill for altering certain landings or places of inspection in the Counties of Craven and Dobbs and for substituting and appointing others in lieu thereof.

Received from the Assembly by Mr Kenan and Mr Bryan a Bill for ascertaining the boundary line between the Counties of New Hanover and Duplin, read the first time and passed

Received from the Assembly by Mr Howe and Mr Paine the following Message and Resolve, Vizt

Gentlemen of His Majesty's Honble Council,

We herewith send you a Resolve of this House relative to the garrisoning of Fort Johnston and also a Resolve relative to an allowance relative to Mr Churton to which Resolve we desire your Honours concurrence.

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

North Carolina
17th November 1766

Monday the 17th November 1766.

In the Assembly.

Resolved that ten men be allowed and employed to Garrison Fort Johnston, exclusive of a Captain and that the said Captain be

-------------------- page 309 --------------------
allowed the sum of six shillings and eight pence p. diem and each man one shilling and four pence p. Diem and eight pence p. diem for subsistence for one year and from thence to the end of the next Session of the Assembly and that this Resolve be sent to the Council for concurrence.

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

17th Nov. 1766

17th November 1766. In the upper House. Concurred with.
JNO RUTHERFORD, P. C.
By order
J. B. Clk.

Monday the 17th November 1766.

In the Assembly

Resolved, that Mr Wm Churton be allowed the sum of one hundred and fifty five pounds proclamation money and paid by the public Treasurers of this Province out of the Fund for contingencys to enable him to get printed and published a map of the inhabited part of this Province and that this Resolve be sent to the Council for concurrence

JOHN HARVEY Speaker
By order
Wm Herritage Clk

17th Nov 1766

17th November 1766. In the upper House, Concurred with
By order
J. Burgwin Clk,
JNO RUTHERFORD P.

Then the House adjourned till Tuesday Morning.


Tuesday Morning 18th November 1766

The House met according to adjournment

Present as before.

On motion, a Bill for establishing a school house in the Town of New Bern, was ordered to be read, read the second time, amended and passed.

Received from the Assembly by Mr Frohock and Mr Harris the following Bills, to wit,

A Bill for reviving the several Acts of Assembly relating to the inspection of Tobacco, On motion, read the first time and passed.

-------------------- page 310 --------------------

A Bill for allowing time for the payment of the duties on wines and other spirituous liquors, On motion read the first time and passed.

A Bill for altering the time of holding the Inferior Court of Pleas and quarter sessions in the Counties of Bute and Onslow.

A Bill to prevent the unreasonable destruction of Fish in Neuse River, Tar River, Fishing Creek, Rocky River, and the South part of the Catawba River, On motion read the first time and passed

A Bill to amend an Act passed in the year of our Lord one thousand seven hundred and sixty four Intitled an Act to prevent the exportation of unmerchantable commodities, On motion, read the first time and passed,

A Bill for the relief of poor debtors as to the imprisonment of their persons and other purposes, On motion read the first time and passed,

A Bill to impower the Church wardens and vestrymen of St Johns Parish in the County of Bute to appropriate the surplussage money levied for erecting the public buildings in the said County to the use of said Parish of St Johns.

A Bill to prevent the inhabitants of South Carolina driving their stocks of cattle from thence to range and feed in the Province and other purposes.

Received from the Assembly by Mr Haywood and Mr Lemmon the following Bills, to wit,

A Bill appointing the method of distributing Intestates Estates.

A Bill to amend an Act Intitled an Act for rendering more effectual the Laws making Lands and other real estate liable to the payment of debts, on motion read the first time and passed,

A Bill for joining the navigation of old Topsail Inlet to Neuse River by cutting a navigable canal from the head of Harlows Creek to Clubfoot Creek

Received from the Assembly by Mr Cogdell and Mr Cray the following Bills, Vizt

A Bill for establishing a school house in the Town of New Bern,

A Bill appointing a vendue master for the Town of Wilmington in this Province

Received from the Assembly by Mr Kennan and Mr Polk the following Bills, Vizt

A Bill for erecting a court house and prison for the district of Edenton,

-------------------- page 311 --------------------

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

A Bill for establishing a Town on the Land of Geo Augustus Selwin in Mecklenburg County.

A Bill to encourage Benja Heron Esq to build a bridge over the North East branch of Cape Fear River at or near where the ferry is kept by Edwd Davis.

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday Morning 19th November 1766.

The House met according to adjournment,

Present as before.

On motion, the following Bills were ordered to be read vizt.

A Bill appointing the method of distributing Intestates estates, read the third time and passed. Ordered to be engrossed.

A Bill for destroying crows and squirrels within the Counties therein mentioned, read the first time amended and passed.

A Bill for regulating the duty of a Vendue Master to be appointed for the Town of Wilmington in this Province, read the second time amended and passed

A Bill to encourage Benjamin Heron Esquire to build a bridge over the North East Branch of Cape Fear River at or near the place where the ferry is now kept by Edwd Davis, read the third time and ordered that the following Message be sent to the Assembly, Vizt

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the “Bill to encourage Benjamin Heron Esquire to build a bridge over the North East branch of Cape Fear River” we observe that in the eleventh line of the first Sec. you have inserted the words “Twenty five years next after the passing of this Act” and at the conclusion of that Section you have added another clause in the following words.

“And be it further enacted by the Authority aforesaid that from and after the expiration of the said Term of twenty five years it shall and may be lawful for the Justices of the Inferior Court of New Hanover County from time to time and at all times thereafter to establish and rate the toll to be taken for the said Bridge.”

To which alterations this House cannot agree, and therefore hope you will pass so useful a Bill without, and that you will please send some of your members to see the same expunged

By order
J. B. Clk.
-------------------- page 312 --------------------

On motion the Bill for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort, was read the second time amended and passed.

On motion the following Bills were ordered to be read, Vizt

A Bill to prevent the Inhabitants of South Carolina driving their stocks of cattle from thence to range in this Province and other purposes, read the second time and passed.

A Bill for erecting a Court House and Prison for the District of Edenon read the third time and passed, Ordered to be engrossed.

A Bill to prevent hunting for and killing deer in the manner therein mentioned, read the second time and passed.

Then the House adjourned till 9 oClock tomorrow morning


Thursday Morning

The House met according to adjournment

Present as before,

On motion the following Bills were ordered to be read, Vizt

A Bill for appointing a Printer to this Province, read the first time and passed,

A Bill for erecting part of Rowan County and part of Orange County into a separate County by the name of —— County und Parish of —— and other purposes, read the first time and passed,

A Bill for joining the navigation of old Topsail Inlet to Neuse River by cutting a navigable Canal from the head of Harlows Creek to Clubfoot Creek, read the third time and passed Ordered to be engrossed,

A Bill for appointing a public Treasurer in the room of John Starkey Esqr deceased, read the third time and ordered that the following Message be sent to the Assembly, Vizt

Mr Speaker and Gentlemen of the Assembly

On reading the third time the Bill for appointing a Public Treasurer in the room of John Starkey Esq deceased, we observe you have deled the Honble Lewis DeRosset Esqr whom we had inserted in the Bill and steted John Ashe Esq: We desire the Bill may be amended by inserting the Honble Lewis DeRosset Esq and deleing John Ashe Esqr otherwise it may be by you deemed a precedent for giving up our joint right of nomination with your House and be a means of disturbing that harmony we shall always be glad to cultivate

-------------------- page 313 --------------------
between the two Houses,—If you agree to this amendment please to send two of your Members to see the same made,

By order
J. B. Clk,

20th Nov, 1766.

Received from the Assembly by Mr R Howe and Mr Ashe the following Message, to wit,

Gentlemen of His Majestys Honble Council,

On reading your Message of this day relative to the Bill to encourage Benja Heron Esqr to build a bridge over the North East Branch of Cape Fear River—We observe you propose expunging the words twenty five years next after the passing this Act and also the clause impowering the Justices of the Inferior Court of New Hanover County from time to time and at all times thereafter to establish and rate the toll to be taken for the said bridge to which alteration this House agree and have sent Mr Robt Howe and Mr John Ashe two of the Members of this House to see the same made

JOHN HARVEY Speaker
By order
Wm Herritage Clk

19th Nov 1766

Then the Alteration in the above Message Mentioned was made in presence of the Members sent for that purpose, and then the Bill was put and passed the third time with amendments Ordered to be engrossed

Received from the Assembly by Mr Howe and Mr Ashe the following Bills Vizt

A Bill to amend and continue an Act Intitled an Act for appointing a Militia, read the second time and passed with amendments,

A Bill to lay a tax on pedlars and other Itinerant Traders coming into this Province, read the first time and passed,

The Honble Mr Palmer moved for leave to bring in a Bill to amend an Act Intitled an Act for regulating the Pilotage of Cape Fear River and other purposes,

Ordered that he have leave accordingly

Mr Palmer 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 Assembly

-------------------- page 314 --------------------

Received from the Assembly by Mr Blount and Mr Howe the following Bills, towit,

A Bill for appointing a Printer to this Province, read the second time and passed,

A Bill for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort,

Received from the Assembly by Mr Thos. Howe and Mr Bradford a Bill to amend an Act concerning Marriages

Received from the Assembly by Mr Brickell and Mr Cole the following Bills Vizt

A Bill to amend an Act Intitled an Act for establishing a Town on the Land formerly granted to William Churton Gent, lying on the North side of the Enoe River in the County of Orange, On motion read the first time and passed.

A Bill for allowing time for the payment of the duties on wines and other spirituous liquors.

Received from the Assembly by Mr Robt Howe and Mr Fanning the following Message Vizt

Gentlemen of His Majestys Honble Council

This House have taken into consideration your Message relative to the appointment of a Public Treasurer, and cannot agree to your proposal of incerting the Honble Lewis DeRosset Esq in the room of John Ashe Esq, neither can we recede from the opinion that the right of nominating a Treasurer is in this House, yet shall be far from deeming your Agreement to the appointment of Mr Ashe as the relinquishing any rights which in your opinion you have to a joint nomination and should be glad you would pass the Bill as sent you by this House

It would ever give us concern should any circumstance arise to interrupt the harmony that ought to subsist between the two Houses, which it is as much our intention as it is our wish to cultivate & promote

JNO HARVEY Speaker
By order
Wm Herritage Clk.

20th Nov. 1766.

Then the House adjourned till 9 oClock tomorrow morning

-------------------- page 315 --------------------

Friday Morning November 21st 1766

The House met according to adjournment

Present as before

On motion the following Bills were ordered to be read.

A Bill for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, read the third time and ordered the following Message be sent to the Assembly, Vizt.

Mr Speaker and Gentlemen of the Assembly.

On reading for the third time the Bill for facilitating the navigation of Port Bath we observe you have deled our amendment in the fourth page relative to the proportions of the Ports of Bath and Beaufort, which we apprehend arose from an opinion that the expression was not sufficiently explicit; We would therefore propose that instead of the words “in proportion to the sums received in their respective Ports,” deled by you, the words, “in proportion to the sums received in the said Ports of Bath and Beaufort” be inserted—this amendment being consonant to the principles of distributive Justice, We hope you will agree thereto and two of your Members to see the same made


21st November 1766. In the upper House
By order
J. B. Clk.

The following Bills were ordered to be read, Vizt.

A Bill to amend an Act Intitled an Act concerning Marriages, read the first time and passed.

Received from the Assembly by Mr Harris and Mr Rutherford the following Bills Vizt,

A Bill to prevent hunting for and killing deer in the manner therein mentioned on motion, read the third time and passed, Ordered to be engrossed.

A Bill to prevent the unreasonable destruction of Fish in Neuse River, Tar River, Fishing Creek, Rocky River, and the South fork of Catawba River, On motion, read the second time and passed with amendments

On motion the Bill to revive and continue an Act Intitled an Act to establish a ferry from Solleys Point to Relfes Point whereon the court house now stands on Pasquotank River, was read the first time and passed

-------------------- page 316 --------------------

On motion the Bill for establishing a school house in the Town of New Bern was read the third time and ordered that the following Message be sent to the Assembly, Vizt

Mr Speaker and Gentlemen of the Assembly.

On reading the third time the Bill for establishing a school House in the Town of New Bern, we have many objections to the said Bill as it now stands and therefore propose the following amendments.

That the minister of Christ Church Parish for the time being, be a Trustee or Director, and that the words we had inserted in this House at the second reading for that purpose, and which you have deled in your House, be steted.

That the duty on rum be continued for seven years only, and that these words for that purpose be inserted in the Bill after the words “be paid” for and during the space of seven years from and after the passing of this Act.

That the following clause be added to the Bill, Vizt.

Provided that no person shall be admitted to be Master of the said school but who is of the established Church of England and who at the recommendation of the Trustees or Directors or the Majority of them shall be licenced by the Governor or Commander in Chief for the time being

To which amendments if you agree please send two of your Members to see the same made

By order
J. B. Clk.

21st November 1766.

Then the House adjourned till 10 oClock tomorrow morning


Saturday Morning 22d November 1766.

The House met according to adjournment

Present as before.

Received from the Assembly by Mr Ashe and Mr Knox the following Bills, Vizt

A Bill to amend an Act for regulating the pilotage of Cape Fear River and other purposes,

Received from the Assembly by Colo Barron and Mr Respess the following Message Vizt

-------------------- page 317 --------------------

Gentlemen of His Majestys Honble Council,

On reading your message of this day relative to the Bill for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, We agree to insert the following words in the said Bill, to wit, in proportion to the sums received in the said Ports of Bath and Beaufort and send Colo Barron and Mr Respess to see the same inserted

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

21st November 1766.

Then the alteration in the above mentioned Bill was made in presence of the Members sent for that purpose and then on Motion, the said Bill was again read and passed the third time with amendments, Ordered to be engrossed.

Received from the Assembly by Mr Kennan and Mr Frohock the following Bills, to wit,

A Bill to prevent the Inhabitants of South Carolina driving their stocks of cattle from thence to range and feed in this Province and other purposes

A Bill for regulating the duty of a vendue Master to be appointed for the Town of Wilmington in this Province,

A Bill for ascertaining the boundary lines between the Counties of New Hanover and Duplin and between Duplin and Johnston Counties

A Bill for reviving and reenacting the several Acts of Assembly relating to the inspection of Tobacco

A Bill to amend an Act Intitled an Act for establishing a Town on the Land formerly granted to William Churton Gent lying on the North side of Enoe River in the County of Orange,

A Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities

On motion the Bill for allowing time for the payment of the duties on wines and spirituous liquors, was read the second time amended and passed

On motion, the Bill for a further allowance of commissions to Sheriffs and collectors of Taxes and other purposes therein mentioned, was read the second time amended and passed,

Received from the Assembly by Mr Caswell and Mr Blount the following Message Vizt

-------------------- page 318 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your Message of the 21st Inst received this day relative to the several amendments by you proposed to the Bill for establishing a school house in New Bern as to the first, we are sensible the present Minister of Christ Church Parish being a Trustee or Director would be very agreeable to the contributors to the building of the said school house, and we have not the least doubt should the Bill pass into a Law, but that he will be chosen one of the Trustees, at the same time to appoint the Ministers for the time being one of the Trustees we think would be depriving the said contributors of a right which they may justly claim and therefore cannot agree to that amendment,

To the second and third, this House agree may be inserted in the said Bill and send Mr Caswell and Mr Blount two of the Members thereof to see the same done accordingly

JOHN HARVEY Speaker
By order
Wm Herritage Clk,

22d November 1766

Then the amendments agreed to were made in presence of the Members sent for that purpose and was again read and passed the third time with amendments Ordered to be engrossed

Received from the Assembly the following Message Vizt

Gentlemen of the Majestys Honble Council,

The Committee of Accounts have received the [sum] of £2557 5s from several Sheriffs by the hands of Samuel Swann Esq, The sum of £2521 12 2 from Joseph Montfort Esquire Treasurer of the Northern District and the sum of £419 1 8 from the exors of John Starkey Esq, on account of the sinking fund, which said several sums are by Law to be burnt

This House have therefore appointed a Committee of the whole House to see the said sums burnt at the house of Mr Richard Cogdell in New-Bern at four oclock this afternoon in conjunction with such of your Honours as you shall think proper to appoint for that purpose

JNO HARVEY Speaker
By order
Wm Herritage Clk

22d Nov 1766
-------------------- page 319 --------------------

On motion the above Message was read, and ordered that the following Message be sent to the Assembly Vizt.

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the burning of the several sums paid into the Committee of Accounts, This House have appointed a Committee of the whole House to see the said sum burnt at the House of Mr Richard Cogdell at the time you mention


22d November 1766 In the upper House
By Order
J. B. Clk

The Honble Lewis DeRosset moved for leave to bring in a Bill to establish the Vestry of St James Parish in New Hanover County to confirm their proceedings and to enable them to lay a Tax to pay the minister of the Parish and to defray the contingent charges thereof

Ordered that he have leave accordingly

Mr DeRosset 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 Assembly,

Then the House adjourned till Monday Morning


Monday Morning 24th November 1766

The House met according to adjournment

Present as before.

On motion the following bills were ordered to be read, vizt.

A Bill to amend an Act Intitled an Act for establishing a Town on the Land formerly granted to William Churton Gent lying on the North side of the Enoe River in the County of Orange. Read the second time and passed.

A Bill for reviving and reenacting the several Acts of Assembly relating to the Inspection of Tobacco Read the second time and passed.

A Bill to amend an Act Intitled an Act for regulating the pilotage of Cape Fear River and other purposes. Read the second time and—

On motion the House Resolved into a Committee of the whole House to consider the subject matter of the said Bill and made choice of the Honble Henry E. McCulloh for Chairman who took the Chair accordingly.

-------------------- page 320 --------------------

Then the Committee proceeded to take the said Bill under consideration and agreed to several amendments which the Chairman was directed to report and then on motion Mr President resumed the Chair.

The Chairman reported that the Committee had considered the said Bill and proposed several amendments which he laid before the House and was agreed to and ordered that the said amendments be inserted in the said Bill which was accordingly done and Bill again read and passed with amendments.

A Bill for erecting a convenient building within the Town of New Bern for the residence of the Governor or Commander in Chief for the time being. Read the third time and passed.

Ordered to be engrossed.

Received from the Assembly by Mr Sheperd and Mr Mitchell the Bill to amend an Act Intitled an Act for establishing a Town on the Land formerly granted to William Churton Gent lying on the North side of the Enoe River in the County of Orange.

Received from the Assembly by Mr Cray and Mr Palmer the following Bills, Vizt

A Bill to prevent the unreasonable destruction of Fish in Neuse River Tar River, Fishing Creek, Rocky River the south fork of the Catawba River the south fork of the Yadkin River and Contentney Creek,

A Bill for a further allowance of Commissions to Sheriffs and collectors of taxes and other purposes therein mentioned.

Received from the Assembly by Mr Frohock and Mr Spencer the following Bills and Messages Vizt.

A Bill for erecting part of Rowan County and part of Orange County into a separate County by a name of—County and Parish of—, and other purposes &ca

A Bill to amend an Act Intitled an Act concerning Marriages

A Bill to amend and continue an Act Intitled an Act for appointing a Militia.

Message

Gentlemen of His Majestys Honble Council

This House have appointed Mr Ashe Mr Fanning and Mr Robert Howe a Committee to prepare an address of thanks to His most gracious Majesty on the happy event of the repeal of the Stamp Act and other late instances of Royal clemency manifested to the Colonies,

-------------------- page 321 --------------------
And desire to be informed if your Honours will join us and if you will consent thereto that you will appoint such of your Members as you shall think proper to join the Committee of this House in drawing up of the same that it may appear to be the united and joint address of two of the branches of the Legislature of this Province

JOHN HARVEY Sp.
By order
Wm Herritage Clk

22nd November 1766.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday Morning 25th November 1766.

The House met according to adjournment

Present as before,

Received from the Assembly by Mr Benton and Mr Sawyer the following Bills Vizt,

A Bill for rating the prices of the several commodities therein mentioned, On motion read the first time and passed,

A Bill for reviving and reenacting the several Acts of Assembly relating to the inspection of Tobacco, On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act Intitled an Act for rendering more effectual all the Laws making lands and other real estate liable to the payment of Debts.

On motion the following Bills were ordered to be read, Vizt

A Bill for a further allowance of Commissions to Sheriffs and collectors of Taxes and other purposes therein mentioned, Read the third time and passed, Ordered to be engrossed,

A Bill for ascertaining the boundary lines between the Counties of New Hanover and Duplin, Read the second time and passed with amendments.

A Bill to amend an Act Intitled an Act for establishing a Town on the Land formerly granted to William Churton Gentleman, lying on the North side of the Enoe River in the County of Orange, Read the third time and passed, Ordered to be engrossed.

On motion, ordered that the Message received yesterday relative to addressing his Majesty, on the many gracious instances of Royal favor &ca be read, the same was accordingly read and taken under consideration and ordered that the following Message be sent to the Assembly,

-------------------- page 322 --------------------

Mr Speaker and Gentlemen of the Assembly

We have taken your Message of the 24th into consideration and shall most cheerfully join you, in your proposal of addressing his Majesty on the recent and gracious instances of royal favor manifested to his faithful subjects in America.

We have appointed the Honble Lewis DeRosset and H. E. McCulloh Esqs a Committee of this House to join your Committee in preparing the said Address


25th Nov 1766.
By order
J. B. Clk.

Received from the Assembly by Mr Haywood and Mr Rutherford the following Bills, to wit,

A Bill for allowing time for the payment of the duties on wines and spirituous liquors, On motion read the third time and passed, Ordered to be engrossed,

A Bill to lay a tax on Pedlars and other itinerant traders coming into this Province.

On motion the following Bills were ordered to be read, Vizt

A Bill to impower the Church wardens and Vestrymen of St Johns Parish in the County of Bute to appropriate the surplussage money levied for erecting public buildings in said County to the use of the said Parish of St Johns, Read the first time and passed.

A Bill to amend an Act Intitled an Act concerning Marriages, Read the second time and on motion the House Resolved into a Committee of the whole House to consider the subject matter of the said Bill and made choice of the Honble Mr Dry for Chairman who took the chair accordingly.

Then the Committee proceeded to take the said Bill under consideration agreed to several amendments which the Chairman was directed to report and then on motion Mr President resumed the Chair, The Chairman reported that the Committee had considered the said Bill and propose several amendments which he laid before the House and was agreed to and ordered that the said amendments be accordingly made which was done and then the Bill was again read and passed with amendments.

On motion the Bill to amend and continue an Act Intitled an Act for appointing a Militia was read the third time and ordered that the following Message be sent to the Assembly,

-------------------- page 323 --------------------

Mr Speaker and Gentlemen of the Assembly

On reading for the third time the Bill to amend and continue an Act appointing a Militia, we propose to dele the whole of the clause relative to the Adjutant Genl steted by you on the third reading, to which on consideration if you agree please send some of your Members to see the same done,

By order
J. B. Clk.

25th Nov 1766

Recd from the Assembly the following Message Vizt

Gentlemen of His Majestys Honble Council

On reading your Message of this day relative to the Bill to amend and continue an Act Intitled an Act for appointing a Militia, We apprehend the whole of the clause relative to the Adjutant Genl was on our third reading deled by us, We therefore agree to your proposed amendments and send Mr Jno Ashe and Mr Robt Howe to see the same made

JOHN HARVEY Speaker.

Nov 25th 1766

Then the amendments proposed were made in presence of the members sent for that purpose and the Bill again read and passed the third time with amendments. Ordered to be engrossed.

Received from the Assembly by Mr Williams and Mr Cray the Bill to amend an Act Intitled an Act for regulating the pilotage of Cape Fear River and other purposes, On motion read the third time amended and passed

Received from the Assembly by Mr. Ashe and Mr Harris the following Bills, Vizt

A Bill to impower the Church wardens and vestrymen of St Johns Parish in the County of Bute to appropriate the surplussage money levied &ca

A Bill for ascertaining the boundary lines between the Counties of New Hanover and Duplin, read the third time and passed, Ordered to be engrossed.

On motion, the House took under consideration the Message from the Assembly of the 20th relative to the Treasurers Bill and ordered that the following Message be sent to the Assembly

-------------------- page 324 --------------------

Mr Speaker and Gentlemen of the Assembly,

We observe that in answer to our Message of the 20th Inst on the Treasurers Bill you have insisted on your sole right of nomination and thereby continued those difficulties which obstruct the Bills passing, We do not see (however condescending we might wish to be for the sake of any public measure) how we can (circumstanced as we are) recede from our proposed amendments, as such a proceedure would argue a relinquishment of our joint right of nomination; which we will by no means agree to make, however if you will agree that in case we pass the Bill it shall be looked upon as a joint nomination of the two Houses from our regard to the measure we will agree to pass it, otherwise we cannot, You will therefore please to consider this subject again and how far any accident which may befal the Bill may be justly imputed to you or to us

By order.
J. B. Clk,

25th Nov 1766,

Then the House adjourned till 9 oClock tomorrow morning.


Wednesday Morning 26th November 1766.

The House met according to adjournment

Present as before.

On motion the following Bills were ordered to be read, Vizt,

A Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities, read the second time amended and passed.

A Bill to lay a tax on Pedlars and other Itinerant Traders coming into this Province. Read the second time amended and passed.

On Motion the Bill to impower the Church Wardens and Vestrymen of St Johns Parish in the County of Bute to appropriate the surplusage money levied for erecting the public Building in said County to the use of the said Parish of St Johns was read the second time amended and passed.

Received from the Assembly by Mr Harnet and Mr Shepard the following Message Vizt.

Gentlemen of His Majestys Honble Council,

On reading for the third time the Bill to amend an Act Intitled an Act for regulating the pilotage of Cape Fear River and other purposes,

-------------------- page 325 --------------------

We observe that your Honours have steted the clauses relative to the duty on tonage and duty on the exportation of tar pitch and turpentine to South Carolina, and also the clause requiring an addition to the bond to be given by masters of vessels which were deled by us on the second reading of the Bill in this House. We propose that the same be deled, to which if you agree please to signify the same to this House otherwise we cannot pass the Bill.

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

26th Nov. 1766.

On Motion, the Bill for regulating the duty of a vendue Master to be appointed for the Town of Wilmington in this Province, was read ordered that the following Message be sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly,

On reading the third time the Bill for regulating the duty of a vendue master &ca, We propose the following amendments vizt, That the title of the Bill on the top be made agreeable to the title endorsed on the back.

That as the coms allowed by the Bill as it now stands are too low, we propose to allow two and a half p. cent on all sales not amounting to one hundred pounds, and two p. cent on all sales amounting to one hundred pounds and upwards.

And that the words “to be” be inserted in the clause obliging the vendue master to account, to make that clause consistent with the Bill, to which amendments if you agree please send some of your members to see those amendments made.

By order
J. B. Clk.

26th November 1766.

On motion ordered that the following bills be read, Vizt

A Bill for erecting part of Rowan County and part of Orange County into a separate county by the name of —— and Parish of —— and other purposes. Read the second time and ordered to lie on the Table sine die

A Bill for rating the prices of the several commodities therein mentioned. Read the third time and ordered to lie on the Table sine die.

-------------------- page 326 --------------------

A Bill to prevent the unreasonable destruction of Fish in Neuse River &ca read the third time and ordered that the following Message be sent to the Assembly

Mr Speaker and Gentlemen of the Assembly

On reading for the third time the Bill to prevent the unreasonable destruction of Fish in Neuse River &ca We observe you have omitted to mention the limits you intended as to Neuse River. You will please to send two of your members to have it inserted

A Bill to amend an Act Intitled an Act for regulating the pilotage of Cape Fear River and other purposes read the third time and ordered that the following Message be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly.

On reading your Message relative to the regulating the pilotage of Cape Fear River and other purposes; We agree to your proposal of deleing the several Clauses you mention, and hope the Bill will then pass your House

By order
J. B. Clk

26th Nov 1766.

A Bill for appointing a printer to this Province, read the third time and ordered that the following Message be sent to the Assembly Vizt.

Mr Speaker and Gentlemen of the Assembly.

On reading the Bill for appointing a printer to this Province we propose the following amendments Vizt.

To make the time for printing and transmitting the laws three months as it stood at first instead of four months. And that the said James Davis transmit to the Clerks of each House of Assembly one copy of the Journals of the Assembly and that you dele the word either and insert each to prevent disputes, to which amendments if you agree please send some of your members to see them made

By order
J. B. Clk.

26th Nov. 1766.

Received from the Assembly by Mr Fanning and Mr Benton the following Bills and message.

A Bill to amend an Act concerning Marriages.

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A Bill to lay a Tax on Pedlars and other Itinerant Traders coming into this Province. On motion read the third time and passed. Ordered to be engrossed.

A Bill to impower the Church wardens and vestrymen of St Johns Parish in the County of Bute to appropriate the surplussage money levied for erecting the public building in said County to the use of the said Parish of St John. On motion read the third time and passed. Ordered to be engrossed.

Message

Gentlemen of His Majestys Honble Council

In answer to your Message relative to the Bill for regulating the duty of a vendue Master to be appointed for the Town of Wilmington in this Province this House agree to the several alterations proposed by your Honors except that relative to the Commissions which this House cannot agree to. If your proposal should be agreeable the Members who carry this Message will see the alterations made

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

26th Nov. 1766. In the Assembly

Then the said Bill was again read and rejected.

Received from the Assembly the following Message by Mr Fanning and Mr Benton Vizt

Gentlemen of His Majestys Honble Council.

It is with real concern that we find our answer to the amendments proposed by your Honors Message to this House of the 20th Inst in the Bill for appointing a Treasurer has proved dissatisfactory and the more so as it appears from the import of yesterdays Message that exception has been taken rather at the modes of expressions in our answers than to our non complyance with the proposed amendments. In our answer we endeavoured to adopt the greatest delicacy of expression and as we conceived entirely avoided asserting the sole right of nomination in us or denying the right of joint nomination as mentioned in your message, with a design of leaving this point of modern controvercy to be disputed at some future season when there should be greater need of and stronger inclination to debate between the two Houses, on points of Privileges, In this view of the matter we cant but flatter ourselves it will be

-------------------- page 328 --------------------
thought consistent with the wisdom and justice of your House at this time to waive an explicit or definitive determination of the rights of the nomination between the two Houses especially on this occasion wherein the peace of government, the public good and the harmony of two branches of the Legislative body of the Province must greatly depend, This House would most cheerfully acquiese in every measure and comply with every suitable proposal to remove the difficulties that may obstruct the passage of the Bill before your Honours, A Bill wherein the interest of the Public is most nearly and essentially concerned, and therefore should esteem your passing the Bill as it left this House not as a relinquishment of any of your rights, but as an earnest of your desire to advance the public good and to cultivate that harmony and unanimity which ought ever to subsist between the two Houses and which we are most cordially disposed to promote by every laudable measure

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

26th Nov. 1766 In the Assembly

Then the House adjourned till tomorrow morning 9 oClock


Thursday Morning 27th November 1765

The House met according to adjournment

Present as before,

On motion the Bill to prevent the Inhabitants of South Carolina driving their stocks of cattle from thence to range and feed in this Province was read the third time and ordered the following Message be sent to the Assembly, Vizt

Mr Speaker and Gentlemen of the Assembly

On the third reading of the Bill to prevent the Inhabitants of South Carolina driving their stocks of Cattle from thence to range and feed on this Province &ca

We observe you have inserted between the first and second lines in the second section these words “not an Inhabitant of this Province” which we apprehend, arose from an opinion in your House that Inhabitants of this Province are tied down by the Bill (as it before stood) not to keep more than ten head of their own Cattle to every hundred Acres of land, But as that is not the case or intent, we would propose to dele the above mentioned words and

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also those words preceding, “And be it further enacted by the authority aforesaid that,” and consolidate the first and second clauses in the Bill by inserting the word “and” immediately after the last word in the first section, and the word “such” before the word Cattle, Which amendments will make the Bill more consistent and clear than it at present stands; to which if you agree please send some of your Members to see the alterations made.

By order
J. B. Clk.

27th Nov 1766,

Received from the Assembly by Mr Williams and Mr Kennan the Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable Commodities.

On motion ordered that the following Bills be read, Vizt

A Bill to amend an Act intitled an Act concerning Marriages, Read the third time and ordered that the following Message be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill to amend an Act concerning Marriages, We propose that the Bill should be amended, as it went from this House on our second reading, to wit,

To dele these words “or the dissenting Presbyterian Clergy” in the second line in the second section.

To dele the words “in their usual and accustomed manner” between the third and fourth lines in the second page.

To stet in the fifth line these words, “Any minister of the Church of England or

And to dele in the first proviso these words inserted by you, “or in such manner as directed by this Act,”

And also that the following clause be added, And be it further enacted by the Authority aforesaid that this Act shall be and remain in force for and during the space of three years from the passing thereof and no longer, to which amendments if you agree please send some of your Members to see the same made.

By Order
J. B. Clk

27th November 1766.

A Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities, read the third time and ordered that the following Message be sent to the Assembly

-------------------- page 330 --------------------

Mr Speaker and Gentlemen of the Assembly,

On reading the third time the Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities, We observe you have inserted a clause for appointing several places of inspection, and have steted the clause for repealing the duty on raw hides and calf skins—

We propose that both these clauses be deled, to which if you agree, please to send some of your Members to see the same done.

27th Nov 1766, In the upper House

By order
J. BURGWIN Clk,

On motion the Bill to amend an Act Intitled an Act for rendering more effectual the laws making lands and other real estates liable to the payment of debts, was ordered to be read, read the second time amended and passed,

Received from the Assembly the following Message Vizt

Gentlemen of His Majesty's Honble Council,

We agree to the several alterations proposed by your two Messages of yesterday and one of this day relative to the Bill for appointing a printer, the Bill to prevent the unreasonable destruction of Fish in Neuse River, and the Bill to prevent the inhabitants of South Carolina driving their stocks of Cattle from thence to range and feed in this Province and have sent Mr Ashe and Mr Spencer two of the Members of this House to see the same made,

JOHN HARVEY Speaker,

27th Nov 1766, In the Assembly
By order
Wm Heritage Clk.

Then the alterations in the said Bill were made in presence of the members sent for that purpose, And on motion the said Bills were again severally read and passed with amendments Ordered to be engrossed.

On motion ordered the Message from the Assembly relative to the Treasurers Bill be read, which was accordingly done and ordered that the following entry be made on the Journals,

This House on reading the Message of the Assembly of the 26th are of opinion that the same is not satisfactory but as the rights of this House are not denied by the Message and it allows that no

-------------------- page 331 --------------------
precedent shall be made to the prejudice of the rights by our passing the Bill, The House in order to manifest their warm desire to advance the public good and to preserve the harmony and unanimity which subsists between the two Houses, have agreed for this time and passed the Bill,

Then the said Bill again read and passed the third time Ordered to be engrossed.

Received from the Assembly by Mr Person and Mr Sheppard the following Message, Vizt

Gentlemen of His Majestys Honble Council

In answer to your Message of this day regarding the Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities, We agree to your proposal and send Mr Person and Mr Sheppard two of the Members of this House to see the clauses mentioned deled

JOHN HARVEY Speaker,

>27th November 1766, In the Assembly,
By order
Wm Herritage. Clk.

Then the alteration in the said Bill was made in presence of the Members sent for that purpose and on motion the said Bill was again read and passed with amendments,

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 28th November 1766.

The House met according to adjournment

Present as before.

Received from the Assembly pr Mr Fanning and Mr Howe the following message Vizt.

Gentlemen of His Majestys Honble Council,

In answer to your Message of yesterday wherein you propose several amendments to the Bill to amend an Act concerning Marriages, We inform your Honours that it was the sense of this House on reading the Bill that the following words, “or any of the dissenting Presbyterian clergy” as deled in your House, should remain so and this House for the clause and better understanding of the Bill agree that the words, “by license” be inserted between the words proposed to be deled in the first Proviso which will read then as follows, “or

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by license in such manner as directed by this Act” and with this alteration hope your Honours will pass the Bill, as we cannot agree to any other alteration or amendment, and if your Honors will pass the Bill with this alteration, the two Members by whom this is sent will see the alterations made.

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

27th November 1766. In the Assembly.

Then the Alterations were accordingly made in said Bill in presence of the Members sent for that purpose, and then the said Bill was again read and passed with amendments.

Ordered to be engrossed.

Received from the Assembly the Bill to amend an Act Intitled an Act for rendering more effectual the Laws making lands and other real estate liable to the payment of debts, On motion read the third time and passed.

Ordered to be engrossed.

Received from the Assembly the following Message, Vizt.

Gentlemen of His Majestys Honble Council

The Committee appointed by this House in conjunction with a Committee of yours to draw up an Address to His Majesty have reported that the same is prepared which on being read is approved of by this House and herewith sent to you for your Honours concurrence that it may appear to be received as the joint address of both Houses.

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

28th Nov 1766.

On motion the said address was ordered to be read which was accordingly done and approved and ordered that the same be entered on the Journals of this House as the joint address of both Houses, Vizt

To the Kings most Excellent Majesty

The Humble Address of the Council and Assembly of North Carolina.

Most Gracious Sovereign.

We your Majesty's most loyal and dutiful subjects the Council and Assembly of this your Province of North Carolina beg leave

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with all humility to approach your throne with our warmest wishes for the safety and prosperity of your royal person, family and government.

The very considerable part your Majesty's faithful subjects in America have borne in the late transaction, makes it highly necessary for them to take the earliest opportunity of manifesting their unshaken Loyalty and of making every return of duty and gratitude for the paternal goodness which has so graciously relieved them. Permit us Sir your faithful subjects of North Carolina with all haste to assure your Majesty that in times of our utmost apprehensions our breasts were ever filled with the purest sentiments of love and loyalty to the best of Kings; nor did we doubt but that your tender care over all your Subjects would (as soon as our grievances were made known) relieve us from a burden much too heavy for us to bear.

It is the glory and happiness of the Inhabitants of this your Province of North Carolina to look upon themselves as part of the British Empire; And as such to testify and acknowledge (upon all occasions) not only the love and duty of their hearts to your Majesty's Royal person, family and government, But also their cordial and natural attachment to the Mother Country: And we doubt not but that the wisdom and Justice with which the Parliament assisted your Majesty in your most gracious purposes, of not only relieving your American Subjects from their late unhappy situation but of opening new channels for trade and commercial advantages will be productive in us, of every proper sentiment of respect and gratitude.

With joy and thankfulness we acknowledge those recent instances of your Majestys goodness, and the Justice of Parliament, as thereby the happiness of your Subjects is secured and fixed upon the true basis of public Liberty.

That your Majesty may long reign in the hearts of an united grateful and happy people, and that when after a length of years, Heaven shall take you to itself, there never may be wanting one of your illustrious and gracious family to fill the Throne of the British Empire, are the ardent prayers of your Majestys most dutiful and loyal Subjects the Council and Assembly of this Province.

On motion ordered that the following address be sent to His Excellency the Governor as the joint address of both Houses, vizt

To His Excellency William Tryon Esquire, Governor and Commander in Chief, in and over His Majestys Province of North Carolina

-------------------- page 334 --------------------

The Humble Address of the Council and Assembly of the said Province,

Sir,

We the Members of the Council and Assembly of this Province have prepared a joint address to our Most Gracious Sovereign, on the Subject of the many and signal instances of the Royal favour which he has recently conferred on his faithful subjects in America,

Emboldened by the kind assurances and encouragement you was pleased to give us in your answer to the address of the assembly, at the opening of the present Session,

We beg leave to recommend such our address to your Excellency: trusting that through your good offices, the sentiments and wishes of His Majestys faithful Subjects of this Province, will be safely and speedily laid before the Royal Presence,

Then on motion ordered the following Message be sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly,

We agree with the Address to His Majesty as prepared by the Committee and send it to you signed by our President.

We also send an Address (signed by our President) to the Governor recommending the same to his good offices, with which if you think proper you will concur

By order
J. BURGWIN Clk.

28th November 1766

Then the House adjourned till 9 oClock tomorrow morning.


Saturday Morning 29th November 1766

The House met according to adjournment

Present as before

Received from the Assembly the Reports of the Committee of Claims which on motion was ordered to be read and further ordered that the following Message be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly,

We observe that you have allowed James Davis for printing the Laws and Journals of 1764 and last Session one hundred and ninety pounds which allowance we cannot think just, as a printer was by Commission under the late Governor appointed, whose office

-------------------- page 335 --------------------
it was to print the Laws and having performed that service is intitled to the proper salary, and we shall under no circumstances agree that any allowance shall be made to the said Davis or any other under any particular Resolve of your House and therefore propose that the said claim be disallowed and a Resolve pass the Houses that Andrew Stewart His Majestys printer be allowed the sum of one hundred pounds and James Davis be allowed the sum of one hundred and ninety pounds to be paid by the public Treasurers—We propose this in order to avoid entering more particularly into these matters at present and hope you will concur with us,

We would further propose to allow the Clerk of the Committee of Claims thirty pounds instead of twenty, as we conceive it an allowance more adequate to the service and dignity of both Houses.

By order
J. BURGWIN Clk,

29th November 1766.

It being signified to this House from the Assembly that, that House concurred with the address proposed to His Excellency, Ordered that this House wait on his Excellency to deliver the same in conjunction with the Assembly.

Then this House waited on his Excellency in conjunction with the Assembly and delivered the said address by the Honble John Rutherford Esq, to which His Excellency was pleased to return the following Answer, Vizt

Honble Gentlemen, Mr Speaker and Gentlemen of the House of Assembly

It is with the most grateful and sensible satisfaction I accept the Commission you honor me with—You may be assured I shall embrace the earliest opportunity to transmit your joint Address to His Majesty

Then the House adjourned till 9 oClock to morrow morning


Monday Morning

The House met according to adjournment,

Present as before

Received from the Assembly by Mr Person and Mr Dawson the Reports of the Committee of Accounts read in the Assembly and

-------------------- page 336 --------------------
approved of and on motion was read in this House and concurred with.

JOHN RUTHERFORD P.
By order
J. B. Clk.

Received from the Assembly by Mr Caswell and Mr Blount the following Message Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Honors Message of Saturday last to prevent the force and authority of precedent to futurity (to avoid which we apprehend is the most weighty objection with your House to Mr James Davis his allowance) We agree that the sum of one hundred and ninety pounds allowed Mr Davis should appear not as acting under the sole Resolve of this House, but a claim for services done the public, and should Mr Andrew Stewart lay in his claim for services rendered the public as a printer We doubt not but it would be thought consistent with the duty of this House to observe the same rules of distributive Justice in the consideration of Mr Stewarts Claims as that of any other person, but as the commission he acted under is unknown to the Laws and constitution of our Country and consequently his salary if any (which we deny) uncertain we cannot conceive how we can be made acquainted with the measure of his service or the worth of his labour by any other method than by a claim on the public legally exhibited.

We cannot agree to augment the allowance made the Clerk of the Committee of Claims as we flatter ourselves he thinks the compensation made him by this House adequate to his service

As it would at all times yet more especially at this juncture give pain to offer anything that should be the cause of discontent to your Honors so on the contrary would it afford us the highest pleasure should this Answer to your message be thought satisfactory and thereby happily terminate the business of this Session, to which if you agree the Members of this House who carry this, will see the proposed alteration made

JOHN HARVEY Speaker
By order
Wm Herritage Clk

1st Dec. 1766.
-------------------- page 337 --------------------

The Honble Lewis DeRosset moved the House that they proceed to take into consideration the address of the Assembly in Answer to his Excellency's Speech at the opening of the Session.

The same was laid before the House and on mature deliberation,

Resolved, That the Assembly asserting in such their Address, that the want of a Treasurer and Agent was owing only to the indiscretions of this House, is an indecent and unjustifiable proceedure and highly derogatory of the Honor of this House,

That the approbation of this House as to a Colony Agent is necessary and proper, but that the chief reason and cause of the miscarrying of the late Agent Bill was the refusal of the Assembly to allow this House a proper share in the Committee of correspondence.

Resolved, that the House of Assembly have not an exclusive right of appointing or nominating a public Treasurer, And that this House have a coequal right with them both in the nomination and appointment,

That the appointment of a Provincial Treasurer is a creation of the legislature here, dissimilar from and repugnant to the constitution of the British Government, That such appointment was originally participated and shared by the two Houses as appears by the several former Laws passed for appointing Treasurers,

That this House is at a loss to judge of the foundation upon which the Assembly ground this their exclusive right; And do not think in justice to the Crown or themselves they can or ought to give up such their joint and coequal right of nomination and appointment

Resolved that this House will at any time when called upon either by His Majesty or His Excellency the Governor, give the reasons at large upon which the above Resolves are founded.

Received from the Assembly their estimate of allowances &ca which on motion was read approved of and agreed to and concurred with

JNO RUTHERFORD P.
By order
J. B. Clk

1st Dec 1766.

Sent to the Assembly by the Clk the estimate of allowances of this House for their concurrence, and rece'd the same back endorsed as under Vizt

-------------------- page 338 --------------------

1st December 1766, In the Assembly, the above estimate concurred with except the allowance of one hundred pounds to John Burgwin Clk, for extra services this session to which this House cannot concur as we think that sum much too large for the service

JOHN HARVEY Speaker
By order
Wm Herritage Clk,

Then His Excellency the Governor came to this House and commanded the attendance of the Speaker and Lower House of Assembly who accordingly attended and presented to His Excellency the following Acts for his assent Vizt

1. An Act appointing John Ashe Esq public Treasurer in the room of John Starkey Esq.

2. An Act for erecting a convenient building within the Town of New-Bern for the residence of the Governor and Commander in Chief for the time being,

3. An Act for appointing the method of distributing Intestates Estates.

4. An Act for the relief of such persons as have or may suffer by not having their deeds &c proved and registered,

5. An Act for reviving and reenacting the several Acts of Assembly relating to the inspection of Tobacco.

6. An Act to continue an Act Intitled an Act for appointing a Militia

7. An Act to amend an Act for rendering more effectual the Laws making lands and other real estates liable to the payment of debts

8. An Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort,

9. An Act to amend an Act concerning marriages

10. An Act for a further allowance of Commissions to Sheriffs &ca

11. An Act to lay a tax on Pedlars and other Itinerant Traders, &ca

12. An Act to amend an Act to prevent the exportation of unmerchantable commodities,

13. An Act appointing James Davis Printer to this Province

14. An Act to prevent the Inhabitants of South Carolina driving their stocks of Cattle from thence to range and feed in this Province &ca

15. An Act to amend an Act for establishing a Town in Orange County &ca

-------------------- page 339 --------------------

16. An Act to continue an Act to suppress excessive and deceitful gaming.

17. An Act for further continuing an Act intitled an Act for the relief of Vagrants.

18. An Act to prevent hunting for and killing deer in the manner therein mentioned.

19. An Act for establishing a school house in New Bern.

20. An Act to impower the Justices of Beaufort County to build a court house, prison and stocks in Bath Town.

21. An Act to prevent the unreasonable destruction of Fish &ca

22. An Act for establishing the Titles of the freeholders in Edenton &ca

23. An Act to amend the Act for the regulation of the pilotage of Cape Fear River.

24. An Act for erecting a Court House and prison for the District of Edenton.

25. An Act for joining the navigation of Old Topsail Inlet to Neuse River &ca

26. An Act to impower the Church Wardens and vestrymen of St. Johns Parish, Bute County to appropriate the surplussage money levied for public building &ca

27. An Act for ascertaining the boundary lines between Duplin and New Hanover

28. An Act to encourage Benja Heron to build a bridge over the North East River

29. An Act to confirm a lease made by the Tuscarora Indians &ca

30. An Act for allowing time for the payment of duties on wines and distilled liquors.

To which Acts His Excellency was pleased to give his Assent (except to the Act for allowing time for the payment of duties on wines and distilled liquors which he rejected) and then made the following Speech to both Houses Vizt

Honorable Gentlemen,

Mr Speaker and Gentlemen of the House of Assembly

I cannot close this Session without requesting your acceptance of my very sincere and hearty thanks for the provisions you have made for the happier establishment of this Government, both by the Public and private Acts, now ratified.

-------------------- page 340 --------------------

The generous and honorable attention you have paid to the several matters I have laid before you, claim equal returns of my acknowledgements; as I am sensible you have gone as far as the weak state of your public funds will admit.

I assure you Gentlemen the great trusts you have reposed in me strengthens my affectionate regard for the prosperity of this Province; and I shall endeavour to testify the gratitude I feel for such confidence, by a faithful and diligent discharge of the several services, you have committed to my care,

My warmest wishes have been constantly engaged in the service of my Royal Master and the real interest of this Colony; and I am happy in the experience this Session has given me to find a due dependancy on the Crown, and the just liberties of the subject may be preserved on so equal a balance as to give strength and power to the Throne, and secure happiness and true liberty to the People,

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday Morning 2d December 1766.

The House met according to adjournment

Present as before.

In the Assembly, Resolved, That James Davis Printer be paid the sum of one hundred and ninety pounds by the Treasurer out of the contingent tax for services heretofore done by him for the Public and desire your honors concurrence

JOHN HARVEY Speaker
By order
Wm Herritage Clk

2d Dec 1766,

In the upper House 2nd December 1766, the foregoing Resolve was read and concurred with,

JNO RUTHERFORD Presdt
By order
J. B. Clk,

On consideration of a disallowance by the Assembly to the extra Services in the estimate of this House to the Clerk Ordered that the following Message be sent to the Assembly

Mr Speaker and Gentlemen

It is with great surprise your House have refused to concur with this House in the Allowance to our Clerk for his extra services this

-------------------- page 341 --------------------
Session which you think too large, We think each House are best Judges of the allowances to their officers, And as this House did not allow more than at a former session of shorter continuance than this and in which the services were not so great, We are at a loss to know for what reasons your disallowance is founded, However to prevent any disputes and to conclude this Session amicably, We propose the allowance to our Clerk for his extra services be reduced to seventy pounds if you agree please make a Resolve accordingly

Received from the Assembly the following Message Vizt

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to our nonconcurrence of Mr Burgwins Allowance for his extra services, We must inform you this House cannot agree to allow him the sum proposed by your said Message but will agree he be allowed fifty pounds being the sum allowed the Clerk of this House for his extra services during this Session, if that sum to Mr Burgwin meet your approbation please to signify the same to us and this House will Resolve accordingly

JOHN HARVEY Speaker
By order
Wm Herritage Clk

2nd Dec 1766

2nd December 1766, On motion the House took under Consideration the Assemblys refusal of allowing one hundred pounds to the Clerk of this House for his extra services

Resolved, That such a refusal by the Assembly is highly derogatory to the dignity of this House which can be the only Judge of the Services performed by their Clerk and of the Allowance adequate to such service

Resolved that the sum of one hundred pounds is no more than what the clerk of this House deserves and is entitled to for his extra services this session and what has been allowed heretofore at Sessions of shorter continuance and in which there were many less services performed,

Then the General Assembly was prorogued by Parliament till 8th June next to meet at New Bern.