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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
October 30, 1766 - December 02, 1766
Volume 07, Pages 342-423

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North Carolina

At an Assembly begun and held at Newbern, the third day of November, in the seventh year of the reign of our Sovereign Lord George the third, by the grace of God, of Great Britain, France and Ireland King &ca, and in the year of our Lord, One thousand seven hundred and sixty six; being the first session of this present Assembly,

In the House of Assembly.

Monday November 3rd 1766.

The Clerk of the Crown returned certificates of the due election of Representatives for the several Counties and Towns in this Province, to sit and vote in this present Assembly,

Pasquotank—Samuel Swann Jun, Thomas Taylor Jun, Joseph Jones, John Sawyer, Benja Palmer.

Carteret—William Cole, Richard Cogdell.

Perquimans—Benjamin Harvey, John Harvey, Charles Blount, John Skinner, Andrew Knox.

Wilmington—Corns Harnett.

Brunswick—Maurice Moore.

Dobbs—Abram Sheppard, Richard Caswell.

Beaufort—John Barron, Thomas Respess.

Anson—John Crawford, Samuel Spencer.

Currituck—John Woodhouse, Henry White, Stephen Williams, Kader Merchant, Joshua Campbell.

Halifax—John Bradford, William Branch.

Bladen—William Bartram, Hugh Waddell.

Edgcombe—William Haywood, Duncan Lemmon.

Salisbury—John Mitchell.

Halifax—Joseph Montfort.

Bath—Patrick Gordon.

Rowan—John Frohock, Griffith Rutherford.

Northampton—Robert Jones, Henry Dawson, Edmund Smithwick.

Tyrrill—Stevens Lee, Benjamin Blount, Jasper Charlton, Francis Ward.

Pitt—John Spier, John Simpson.

Orange—Edmund Fanning, Thomas Lloyd.

Granville—Robert Harris, Samuel Benton.

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Hyde—William Webster, John Smith.

Mecklenburg—Thomas Polk, Martin Fifer.

Brunswick—Robert Howe, John Paine.

Bertie—Cullen Pollock, William Gray, Robert Lennox.

Craven—Thomas Clifford Howe, Jacob Blount.

New Bern—Alexander Elmsley.

Bute—Benjamin Person, Benjamin Ward.

Edenton—Joseph Hewes.

Onslow—William Gray, Richard Ward, Edward Vail.

Chowan—Samuel Johnston, Timothy Walton, James Bond and James Blount.

Pursuant to which the following Representatives appeared, to wit,

Mr Pollock, Mr Cogdell, Mr Elmsley, Mr Respess, Mr Barron, Mr Payne, Mr Sawyer, Mr Robert Harris, Mr Fanning, Mr White, Mr Spier, Mr John Harvey, Mr Webster, Mr Cray, Mr Maur Moore, Mr Bradford, Mr Sheppard, Mr Jas Blount, Mr Jacob Blount, Mr Mitchel, Mr Haywood, Mr Benjamin Ward, Mr Stephen Williams, Mr Person, Mr Skinner, Mr Benton, Mr Samuel Johnston, Mr Joshua Campbell, Mr Vail, Mr Frohock, Mr Cole, Mr Hewes, Mr Branch, Mr Charles Blount, Mr Benjamin Harvey, Mr Caswell, Mr Fifer, Mr Rutherford, Mr Dawson, Mr Simpson, Mr Joseph Williams, Mr Spencer, Mr Ward, Mr Loyd, Mr Benjamin Blount, Mr Patrick Gordon, Mr Jones, Mr Polk, Mr Knox, Mr Woodhouse, Mr Smithwick, Mr Waddell, Mr Harnett and Mr Robert Howe.

Two members waited on his Excellency the Governor, and acquainted him a majority of the Representatives were met, and qualified; and desired to know when they should wait on his Excellency; who returned for answer, immediately.

The Members waited on his Excellency the Governor in the Council Chamber when his Excellency was pleased to direct them to return and make choice of a Speaker

The Members returned, and Mr Caswell moved that John Harvey Esquire be chosen Speaker; and was unanimously chosen Speaker, and placed in the Chair accordingly.

Mr Howe and Mr Fanning waited on his Excellency the Governor, and acquainted him the Members had made choice of a Speaker, and desired to know when they should wait on him for his approbation; and being returned acquainted the Members that his Excellency said he would receive them immediately.

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The Members waited on his Excellency the Governor in the Council Chamber and presented John Harvey Esquire to His Excellency for approbation, who was pleased to approve of their choice. Then Mr Speaker asked His Excellency to confirm the usual privileges of the House particularly of that of freedom of speech, to which his Excellency for answer was pleased to say, the House might depend he would preserve to them all their just rights and privileges.

Then Mr Speaker, with the House returned. William Herritage, Gentleman was unanimously chosen and appointed Clerk to this House, and took his place accordingly

Henry Books was appointed Door keeper to this House, during the absence of Francis Liner.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday, November 4th 1766.

The House met according to adjournment,

His Excellency the Governor sent a Message to this House, desiring the immediate attendance thereof.

Mr Speaker with the House waited on his Excellency the Governor in the Council Chamber, where his Excellency then made a Speech to His Majestys Honorable Council and this House, a copy of which to prevent mistakes, Mr Speaker obtained

Then the House returned, Mr Speaker acquainted the House, that they had waited on his Excellency the Governor and that his Excellency was pleased to make a speech to His Majesty's Honorable Council and this House, and laid the same before the House; and also a letter from the Duke of Richmond; which were ordered to be read, the same were accordingly read.

Ordered, the said Speech be entered on the Journal of the House, and is as follows, Vizt

[For the Governor's speech see Journal of Upper House.—Editor.]

His Excellency the Governor sent the several Acts of Parliament and papers referred to in his Speech, which were read.

Mr Elmsley, Mr Maurice Moore, Mr Johnston, Mr Harnett, Mr Fanning, Mr Robert Howe, Mr Hewes, are appointed a Committee to prepare an address in answer to his Excellency the Governors Speech, and lay the same before the House for approbation

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Mr Barron, Mr Vail, Mr Harnett, Mr Frohock, Mr Charles Blount, Mr Benton, Mr Lloyd, Mr Caswell, Mr Knox, Mr Harris, and Mr Waddell, are appointed a Committee of Priviledges and Elections

Mr Harnett, Mr Harris, Mr William Cray, Mr Person, Mr Hewes, Mr Dawson, Mr Johnston, Mr Fanning and Mr Charles Blount are appointed a Committee to state and settle the public Accounts of this Province.

Mr Caswell, Mr Benton, Mr Frohock, Mr Waddell, Mr Vail, Mr Barron, Mr Haywood, Mr Bradford, Mr Paine, Mr Pollock, Mr Respess, Mr Lloyd, and Mr Spencer, are appointed a Committee to settle and allow the public claims of this Province.

Mr James Blount, Mr Shepard, Mr Harris, Mr Lloyd, Mr Skinner, Mr Jacob Blount, Mr Smithwick, Mr Respess, Mr Rutherford, Mr Branch, Mr Dawson, Mr Cogdell, Mr Williams, Mr Joseph Jones, Mr Pollock, Mr Benjamin Ward, Mr Polk, Mr Waddell, Mr Cray, Mr Spier, Mr Webster, Mr Spencer, Mr Hewes, Mr Harnett, Mr Elmsley, Mr Mitchell and Mr Haywood are appointed a Committee of Propositions and grievances.

On motion Resolved that Christopher Neale be appointed assistant Clerk of this House.

Resolved the following Message be sent to His Majestys Council

Gentlemen of His Majesty's Honble Council

This House have appointed Mr Harnett, Mr Harris, Mr Cray, Mr Person, Mr Hewes, Mr Dawson, Mr Johnston, Mr Fanning and Mr Charles 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 Payne, Mr Pollock, Mr Respess, Mr Lloyd and Mr Spencer to settle and allow public claims on the Province in conjunction with such of your Honours as you shall think proper to appoint

JOHN HARVEY Sp.

Sent by Mr Fanning and Mr Frohock

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday November 5th 1766

The House met according to adjournment

Recd the following Message from the Council,

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Mr Speaker and Gentlemen of the Assembly

In answer to your message relative to the Committees, We have appointed the Honble Alexander McCulloch, William Dry and Robert Palmer Esquires a Committee of this House to examine state and settle the Public Accounts, And the Honble Lewis Henry DeRosset, John Sampson, and Henry Eustace McCulloh, Esquires a Committee of this House to settle and allow the Public Claims.

Recd from the Council the following Message Vizt

Mr Speaker and Gentlemen of the Assembly

This House have nothing more at heart than the preservation of that good order and harmony, which every friend to 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 Honorable, Lewis DeRosset, John Sampson, and Henry Eustace McCulloh Esquires 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 clerks, and the several Clerks of the Committees and other Clerks occasionally employed, which after being concurred with by the two Houses and entered in the respective Journals thereof, shall be the rules to be observed for the future as to their decorum, and for making out the estimates, in connection with such of your Members as you shall think proper to appoint

Mr Harnett, Mr Howe, Mr Maur Moore, Mr Elmsley, and Mr Johnston are appointed a Committee to join that of his Majesty's Council, to settle the decorum of the two Houses &ca

Two of the Members of his Majesty's Council came to the House, and Mr Jasper Charlton one of the Members for Tyrril County appeared took the oaths by law appointed for his qualification, subscribed the test and took his seat in the House.

The House being informed that Mr Robert Jones who was elected one of the Representatives for Northampton County is since dead,

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

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To his Excellency William Tryon, Esquire, Captain, General Governor &ca

Sir,

This House having been informed that Robert Jones jun. Esquire who was elected one of the Representatives for Northampton County, is dead, therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ for Electing a Representative for Northampton County in the room and stead of the said Robert Jones; to sit and vote in this present Assembly

JOHN HARVEY Sp.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to adjournment

Then the House adjourned till tomorrow Morning 10 oClock.


Thursday November 6th 1766

The House met according to adjournment

Mr Benton moved for leave to bring in a Bill, to amend and continue an Act Intitled an Act, to amend and continue an Act, Intitled an Act for dividing this Province into five several Districts; and for establishing a Superior Court of Justice in each of the said Districts, and regulating the proceedings therein, which was objected to and the question put and passed in the negative.

Mr Hewes from the Committee appointed to prepare an Address in answer to his Excellency the Governor's Speech, presented the same, The Same was read, approved of, and ordered to stand the Address of the House, and be entered on the Journal thereof; and is as follows Vizt.


North Carolina—Ss.

To His Excellency William Tryon, Esquire, his Majestys Captain General, Governor and Commander in Chief, in and over the said Province,

Sir.

We his Majestys most dutiful and loyal subjects, the Representatives of the Inhabitants of this Province, thank your Excellency for your Speech at the opening of this Session.

This House is truly sorry Sir, that any reason whatever, should have prevented your meeting this Assembly till this time; The

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alarming tendency of the Stamp Act, and the reproachful names of Rioters and Rebels, which were liberally bestowed on his Majestys faithful Subjects of North America rendered it (in our opinion) highly expedient that this House should have been Assembled some months sooner; In times of public calamity and distress, when the loyalty and attachment to His Majesty's sacred person and government of a whole people are arraigned, no measure can be more essentially necessary to the interest and honour of a Province, than to give it an opportunity of testifying its duty and allegiance to the Crown, and imploring a redress of those grievances with which it is oppressed,

With hearts filled with gratitude, we acknowledge the tender and paternal care of our most Gracious Sovereign, and the wisdom and justice of the British Parliament; to these sir, We attribute the repeal of the Stamp Act; a measure that hath restored peace and tranquility to this extended Continent, and effectually secured its warmest affection to the Mother Country—

This House is truly sensible of the conduct and behaviour which ought to be observed on this occasion; it is our duty to acknowledge in the most grateful manner, the moderation and goodness of His Majesty, and the Justice of his Parliament in removing from us a burden much too heavy for us to bear; and we beg leave with real sincerity to assure your Excellency, that we should Esteem it a great happiness to have it in our power to concur with our Sister Colonies in testifying an inviolable attachment to the person of our sovereign, and a just and dutiful dependance on his Government: But it is the peculiar misfortune of North Carolina, to be deprived of those means which the other provinces peaceably enjoy (and to which this has also an unquestionable right) of making known such their dutiful dispositions; and if we are wanting in the general suffrage, we hope the censure will fall on those only whose indiscretions are the cause of it.

In every other part of his Majesty's American Dominions, where the Constitution is similar to that of this Province, the Representatives of the people enjoy the priviledges of naming an agent to represent their loyalty to his Majesty and implore his most gracious protection, the concurrence of the other Branches of the Legislature being considered as necessary only to give a sanction to such nomination: This priviledge, as well as that of naming their Treasurers, the people of this Province are denied by the Members of His

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Majesty's Council; a circumstance which we greatly fear may be followed by consequences fatal to the tranquility and repose of this Province. This House however Sir, is too sensible of your Excellency's desire of promoting our happiness and prosperity, not to hope that you will be pleased to exert every practicable endeavour to restore the people to the exercise of their just rights and priviledges and to establish the peace and quiet of the Province on the most lasting and permanent foundation.

We cannot help expressing the deep concern we feel, that the Colonies should be charged with those marks of undutiful dispositions which your Excellency has been pleased to say hath been testified in their late transactions. We are persuaded Sir, that the conduct of the Colonies in general and of this in particular hath been actuated and influenced by nothing other than loyalty to the King, the Strongest attachment to the Constitutional Laws common in America as well as to Britain, and the tenderest regard for that Liberty which they were to secure; In this light would that conduct have been viewed, had not those who were strangers to the true interest of Great Britain and her Colonies, injuriously represented it in England as resulting from disaffection to the Crown, and a desire of Independence of the Mother Country.

The unhappiness your Excellency informs us you experienced from the public distractions this Province was lately thrown into, we are heartily sorry for; it was an unhappiness which few residing in this Country were exempt from: That General confusion from which it arose, is justly chargeable on those who, unauthorized by the Act of Parliament, uninstructed by the Crown, and unincouraged by your Excellency pursued measures injurious to the rights and liberties of this Colony, and destructive to its trade and Commerce.

We have nothing more at heart sir, than to see the seat of Justice, as well as every other public office in this Province, filled with able and judicious men; for such hath this House been ever ready to provide adequate salaries, but at present we are fearful the scarcity of currency and the heavy taxes, with which our Constituents are burthened, will [not] put it in our power to make that provision your Excellency hath recommended; every other matter mentioned by your Excellency we shall pay due attention to.

Permit us Sir, to congratulate you on a peculiar mark of the royal favour to this Province, manifested to us, in your appointment

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to this Government; and be assured, we will cheerfully take all occasions to render your administration easy and happy.

JOHN HARVEY Sp.

Then the House adjourned till 10 oClock tomorrow morning


Friday November 7th 1766

The House met according to adjournment

A Certificate of Election of two Members for New Hanover County was returned by the Clerk of the Crown, Pursuant to which Mr John Ashe and Mr James Moore appeared.

Mr Fanning presented a petition from many of the Inhabitants of Orange and Rowan Counties, for erecting and establishing part of the said two Counties into a County by the name of —— County, which was read, and on Motion Ordered, that Mr Fanning, Mr Frohock, Mr Lloyd, and Mr Rutherford, prepare and bring in a Bill pursuant to the said petition.

Two of the Members of His Majesty's Honorable Council came to the House, and Mr John Ashe and Mr James Moore the two members for New Hanover County, appeared, and also Mr John Smith one of the members for Hyde County, appeared, took the Oaths appointed for their qualification, subscribed to the Test, and took their seats in the House.

Resolved, that Mr Ashe be added to the Committee to settle the decorum of the two Houses.

Mr Barron moved for leave to bring in a Bill for appointing a Public Treasurer in the Southern District in the room of John Starkey Esqr deceased.

Ordered that he have leave and that he prepare and bring in the same.

Mr Moore moved for leave to bring in a Bill, for allowing further time, for registering such deeds and Mesne conveyances as have not been Registered within the time limited by the Act of Assembly in that case made and provided.

Ordered, that he have leave, and that he prepare and bring in the same.

Then the House adjourned till 3 oClock in the afternoon.

P. M. The House met according to adjournment

Mr Benton presented the petition of Peter Blinn Gentleman, complaining of an undue election of a Representative for the Town of Bath, which was read.

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Ordered the said petition be referred to the Committee of Priviledges and Elections.

Mr Fanning and Mr Howe waited on His Excellency the Governor and acquainted him the House desired to know when he would receive the address thereof, and being returned reported, that His Excellency would receive the same on Monday morning.

A Certificate of the Election of Walter Gibson and Farquher Campbell, Esquires Representatives for Cumberland County, was returned by the Clerk of the Crown. Pursuant to which Mr Farquher Campbell appeared.

Two of the Members of His Majesty's Council came to the House, and Mr Farquher Campbell took the Oaths by Law appointed for his qualification, subscribed the Test, and took his seat in the House.

On motion ordered, that Mr Farquher Campbell be added to the Committee of Priviledges and Elections

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

Gentlemen of His Majestys Honble Council,

In answer to your Message of the 4th Instant, regarding the Committee appointed by your House to settle the decorum between the two Houses, This House have appointed, Mr Harnett, Mr Robert Howe, Mr Mau 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

Sent by Mr Fanning and Mr Person.

Sent by Mr Fanning and Mr Person the Message to his Excellency, regarding his Excellency directing the Clerk of the Crown to issue a writ for electing a Member to serve in this present Assembly, for Northampton County, in the room of Robert Jones Junr Esquire who is dead; and being returned, reported his Excellency said he would direct the Clerk of the Crown to issue a Writ for that purpose immediately.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday, November 8th 1766

The House met according to Adjournment

Two of the Members of his Majesty's Honorable Council came to the House and Mr Benjamin Palmer one of the Representatives for

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Pasquotank County appeared took the oaths by Law appointed for his qualification, repeated and subscribed the test, and took his seat in the House.

Mr Barron according to order brought in a Bill for appointing a Treasurer, in the room of John Starkey Esquire deceased which he read in his place, and delivered in at the Table where the same was again read by the Clerk, passed, and ordered to be sent to the Council

Sent the same by Mr Jacob Blount and Mr Mau Moore.

Mr Harnett from the Committee of Priviledges and Elections, reported that the said Committee had taken under consideration, the petition of Peter Blinn, complaining of the undue election of Patrick Gordon, Esquire a Representative for Bath Town, and considered the proofs and allegations of both the parties; and after due and mature consideration are of the opinion that the Election of the said Patrick Gordon was illegal, and that the said Peter Blinn Esquire was duly Elected a Member of the aforesaid Town, and submitted the same to the House.—The House having taken the said report under consideration, concurred therewith.

Mr Charlton presented the petition of Solomon Ewell complaining of the elopement of his Wife Lydia and her living in adultery with one Samuel Colten of Northampton County, and praying an Act may pass to dissolve the Marriage of the said Solomon and Lydia; and moved that a Committee be appointed to examine into the truth of the several allegations in the said petition contained, which was objected to; on which the motion was made and question put, if the said Committee be appointed or not and carried in the affirmative, and Mr Fanning, Mr Charlton, Mr Dawson, Mr Bradford, and Mr Harris are appointed a Committee agreeable to the said motion; and that they have power to send for persons and papers, and report their proceedings thereon to the next Session of Assembly,

Mr Barron presented the petition of William Cumming, setting forth he is returned by the Sheriff of Pasquotank County, a Representative for the Town of Nixonton in said County—praying the House would take the said petition under consideration.

Resolved, that the said petition be referred to the Committee of Priviled ges and Elections.

On motion Mr Charlton, Mr Ashe, and Mr Spier be added to the Committee of Priviledges and Elections.

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Mr Knox moved for leave to bring in a Bill for facilitating the navigation of Port Roanoke, Port Bath, and Port Beaufort.

Ordered that he have leave and that he prepare and bring in the same,

Mr. Person presented the Petition of many of the Inhabitants of Bute County setting forth, after building the several Public Buildings in said County a surplussage of the Tax raised, for that purpose remains: Praying the use and benefit of the said surplussage may be applied to the use of St John's Parish, in said County, and moved for leave to bring in a Bill pursuant to the prayer of the said petition

Ordered that he have leave accordingly, and that he prepare and bring in the same,

Mr Barron moved for leave to bring in 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, which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council

Sent by Mr Barron and Mr Respess,

Mr Person presented the petition of George Pearce and Samuel Evens, praying to be exempt from paying public taxes, and performing public duties, Granted,

And of Richard Acock, of said County; praying to be exempt from paying public taxes and doing public duties—Granted.

Mr Simpson presented the petition of Thomas Williams, the elder of Pitt County, praying to be exempt from paying public taxes, and doing public duties—Granted

Mr James Blount presented the petition of James Johnston, and James Hicks, of Chowan County; each praying to be exempt from paying public taxes and doing public duties—Granted

Then the House adjourned till Monday Morning 10 oClock


Monday November 10th 1766.

The House met according to adjournment

Recd from the Council the Bill for appointing a public Treasurer, in the room of John Starkey Esquire, deceased, Endorsed, November 10th 1766, In the upper House read the first time and passed.

Mr Frohock moved for leave to bring in a Bill for the relief of such persons as have suffered or may suffer, by not having their

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deeds and mesne conveyances proved and registered within the time heretofore appointed for such purposes

Ordered that he have leave accordingly

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

Sent the same to the Council by Mr Frohock and Mr Spencer,

Mr Fanning moved for leave to present a Bill, to confirm a lease made by the Tuscarora Indians to Robert Jones, William Williams, and Thomas Pugh Esquires,

Ordered that he have leave accordingly

Mr Fanning 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, on which the question was put, that the said Bill pass; whereto, Mr Mau Moore objected, on which the question was put and carried in the affirmative

Ordered that the same be sent to the Council

Sent the same to the Council by Mr Fanning and Mr Benton.

Mr Cogdell moved for leave to bring in a Bill to Establish a school House in the Town of New Bern,

Ordered that he have leave accordingly

Mr Knox according to order brought in a Bill for facilitating the navigation of Port Roanoke, Port Bath, and Port Beaufort, which he read in his place, and delivered in at the table, where same was again read by the Clerk passed and ordered to be sent to the Council.

Sent the same to the Council by Mr Knox and Mr Person.

Mr Waddell presented and read the petition of several of the Inhabitants of Rowan, Anson, and Mecklenburg Counties, and others; setting forth many great hardships they endure for want of roads being established in and through the said Counties, praying an Act may pass pursuant to the prayer thereof.

On motion Mr Frohock, Mr Fifer, Mr Waddell, Mr Rutherford, Mr Spencer, and Mr Campbell are appointed a Committee to prepare and bring in a Bill for cutting and clearing a road from Anson, Rowan and Mecklenburg Counties, and the several other Counties therein mentioned, the best and nearest way to Wilmington on Cape Fear River,

The Clerk of the Crown sent a certificate of the Election of Felix Kenan and Joseph Williams Representatives for Duplin County.

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Mr Benton moved for leave to present a Bill to continue an Act, for appointing a Militia

Ordered that he have leave accordingly

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

Sent the same to the Council by Mr Benton and Mr Harris

Mr Benton moved for leave to present 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 Virginia.

Ordered that he have leave accordingly.

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

Sent the same to the Council by Mr Benton and Mr Harris.

Mr Benton moved for leave to present a Bill for the further continuing an Act, Intitled, an Act for the restraint of Vagrants.

Ordered, that he have leave accordingly

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

Sent the same to the Council by Mr Benton and Mr Harris.

His Excellency the Governor sent a Message to this House desiring the immediate attendance thereof, at his House.

The House in a full body, waited on His Excellency the Governor at his House, and Mr Speaker presented to Him the Address of the House; to which his Excellency was pleased to make an Answer; a copy of which to prevent mistakes Mr Speaker obtained.

The House returned and Mr Speaker laid the same before the House, which on motion was read and ordered to be entered on the Journal of this House, and is as follows, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

I will not enter minutely into every particular part of your Address, least I might be thought to deviate from those principles of generosity I professed to pattern from his Majesty and the Parliament.

The reproachful and detestable title of Rebel you mention to have been liberally given to his Majesty's subjects on this Continent, and

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the injurious representations you say have been made of them in England, I am an utter stranger to; such an approbious title never found place in my breast; nor am I conscious of having ever misrepresented or aggravated any part of the disturbances in the Colonies, either general or particular.

The real and equitable motives on which you fix the repeal of the Stamp Act and your grateful Acknowledgments for the same, give me great satisfaction: I am sensible these Testimonials will be graciously received by his Majesty and the Parliament, as your warm affection for the Mother Country will, I am sure, meet with adequate cordiality and attachment.

The irregularity in the appointment of an agent in the Administration of the affairs of this Colony, has long been a matter of Complaint and difficulty, both here and at home.

Though I cannot agree with you, Gentlemen, that the mode of the appointment of two bodies of the Legislature is merely by way of sanction; yet to show my desire to preserve the tranquility of this Province until I can lay the matter of your Grievances as stated, before his Majesty, and his determined Resolution had thereon, you shall find me willing to concur with both Houses in the appointment of an Agent and Treasurers; not doubting but the nomination will fall upon fit persons properly qualified: This I understand to be the spirit of the mode of the appointment and this at present shall be the rule of my conduct; I trust his Majesty's Council will be inclined to observe the same,

I could wish this Country, and this House in particular, would consider me as their Agent in every laudable action, or beneficial Measure, which the true state of their circumstances demands or admits; It is my duty, were it not my inclination, to solicit and promote the happiness of the Inhabitants of this Province; a different conduct would not only be a breach of my office, but counteract one great motive of my coming in America.

I thank you Gentlemen, for your compliment and congratulation on my appointment to this Government, and for all other your good intentions toward me; I wish my conduct had appeared less deserving of public censure, and that better opportunities may be given me of testifying my sincere attachment to the true interest of this Colony.

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Mr Benton moved for leave to present a Bill to continue an Act to prevent excessive and deceitful gaming.

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

Sent the same by Mr Harris and Mr Benton,

Mr Hewes moved for leave to bring in 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.

Ordered that he have leave accordingly

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

Sent the same by Mr Benton and Mr Harris

Recd from the Council the Bill for appointing a Public Treasurer in the room of John Starkey Esquire, deceased &

The Bill for the relief of such persons as have suffered, or may suffer by their not having had their deeds and mesne conveyances proved and registered within the time heretofore appointed for such purposes, Endorsed, In the upper House read the first time and passed.

On motion ordered that Mr Howe, Mr Pollock, Mr Palmer and Mr Mau Moore be added to the Committee of Priviledges and Elections.

Mr Elwin brought an extract of two of His Excellency's instructions from his Majesty; and also a verbal message from his Excellency, that it was his request the said extract should be entered on the Journal of this House,

On motion ordered, the same be entered accordingly; and are as follows, to wit,

Extracts from his Majesty's Instructions to His Excellency,

“Whereas several inconveniences have arisen to our Governments in the Plantations by gifts and presents made to the Governors by the General Assembly; for prevention thereof, for the future, It is our express will and pleasure, that neither you the Governor or any Governor, Lieutenant Governor, Commander in Chief, or President of the Council of our said Province of North Carolina, for the time being do give your or their consent to the passing of any Law or

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Act for any gift or present to be made to you or them by the Assembly; and that neither you nor they do receive any gifts or present from the Assembly or others, on any Account, or in any manner whatsoever, upon pain of our highest displeasure, and of being recalled from the Government,

“And we do further direct and require, that this declaration of our royal will and pleasure, contained in the foregoing Article, be communicated to the Assembly at the first meeting after the receipt of these instructions to you, and entered on the Journals of the Council and Assembly, that all persons whom it may concern may govern themselves accordingly.”

Received from the Council the Bill for confirming a lease made by the Tuscarora Indians to Robert Jones Junr, William Williams and Thomas Pugh Esquires.

Endorsed, November 10th 1766, In the upper House read the first time and passed,

Then the House adjourned till 4 oClock in the Afternoon.

P. M. The House met according to adjournment.

Two of the Members of his Majesty's Council came to the House, and Mr Peter Blinn the Member from Bath Town appeared, and Mr Kenan one of the Members for Duplin County appeared, took the Oaths by Law appointed for their qualification, subscribed the test, and took their seats in the House.

Mr Benton acquainted the House that himself with many other Members were met by Captain Morgan, in an insulting and hostile manner, asked them what they meant by sheltering a murderer, a scoundrel, and a villain; and at the same time, drew a pistol from under his Coat; which he cocked, and for some time held in his hand, till one of the Members of this House went to him and took the said pistol out of his hand.

Thereupon it is Resolved, That the uttering such words to the Members thereof in manner aforesaid, is a great insult, and a manifest breach of the privilege thereof; and therefore moved that the said Captain Jeremiah Morgan, be sent for, in custody of the sergeant at Arms, and brought to the Bar of this House, to answer the above contempt; and that Mr Speaker issue his Warrant accordingly,

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 359 --------------------

Tuesday 11th November 1766

The House met according to adjournment.

Ordered that Mr James Moore be added to the Committee appointed to prepare a Bill for making a road through the Counties of Anson, Cumberland &ca

Ordered the Bill, for the relief of such persons as have suffered or may suffer by not having had their deeds &ca proved and registered within the time &ca be read a second time, Read the same a second time passed and ordered to be sent to the Council

Mr Fanning moved for leave to present a Bill to encourage Benjamin Heron to build a bridge over the North East Branch of Cape Fear River &ca

Mr Charlton moved for leave to present a Bill, to prevent the entering up of Judgments by confession in certain cases.

Ordered he have leave accordingly.

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

Sent by Mr Payne and Mr Moore.

Mr Vail presented the petition of William Shaw setting forth that he has been in the service of this Province against the French and Indians on the Ohio, &ca praying such allowances on provision as this House shall think proper,

The House taking the same under consideration and the several matters contained in the petitioners petition, Resolved, the said 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 Treasurer from whom the same shall be received from the Court of the County where the said William Shaw resides 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 his Council for concurrence.

On motion ordered the Bill for appointing a public Treasurer in the room of John Starkey Esquire, deceased, be read a second time, Read the same a second time amended, passed and ordered to be sent to the Council

-------------------- page 360 --------------------

Sent the same to the Council by Mr Benton and Mr Vail.

Recd from the Council the 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, Endorsed November 11th 1766, In the upper House read the first time and passed, and,

The Bill to continue an Act, Intitled an Act, to suppress excessive and deceitful gaming, and,

The Bill to revive and continue an Act, for the more effectual suppressing of Felonies, and punishing of Counterfeiters of the paper currency of this Province and of Virginia, and also,

The Bill for the further continuing an Act, Intitled an Act for restraint of Vagrants, and for making provision for the poor and other purposes. Endorsed, November 10th 1766, In the upper House read the first time and passed.

Mr Frohock presented a certificate from the County Court of Rowan, recommending Alexander Hugh to be exempt from paying public taxes and doing public duties, Granted.

And a certificate from the County of Rowan recommending Samuel James and William Story of said County be exempt from paying public taxes, Granted,

And a certificate from the aforesaid County Court recommending Henry Evans to be exempt from paying public taxes and doing public services—Granted.

And also a certificate from the said County Court recommending John Lopp of said County to be exempt from paying public taxes and doing public duties—Granted.

Recd from His Excellency the Governor a written Message, as follows, to wit,

Gentlemen of the House of Assembly

I send you for your perusal and consideration, the speech of the Chief men of the Tuscarora Nation, delivered to me last Friday; together with the Patent, under the seal of the Province, for a Tract of Land granted them in Bertie County; the mode they now propose for reimbursing the money that has been advanced for the removal of part of their Nation, being different from that set forth in their original Petition, I should recommend some provision might be made for the cloathing and present subsistence of the Indians now in Town.

Wm TRYON
-------------------- page 361 --------------------

And also the Speech of Thomas Basket, and the Chiefmen of the Tuscarora Nation; which is as follows, Vizt

The Speech of Thomas Basket and the Chief men of the Tuscarora Nation,

To His Excellency William Tryon Esquire Governor, Commander in Chief &ca of North Carolina.

Brother,

We come to assure you of our loyalty to the great King over the water and to desire your friendship and protection; in token whereof we present you with these Deerskins; Poverty must excuse the smallness of the present, for we are mostly old men, unable to hunt, our young men having gone to the Northward with the Northern Chief, Tragaweha.

Many years ago a certain Tract of Land in Bertie County, was given by treaty to King Blount and his Subjects, for their fidelity to the English Part of this Land we have leased to Messrs. Jones, Williams, and Pugh and we desire the lease may be confirmed, and the penalties of the Act, of 1748, repealed, so far as relates to the Land that is leased.

We are by education and custom, unable to acquire a livelihood otherwise than by hunting; and as ill natured persons frequently take away and break our guns, and even whip us for pursuing game on their Land, we beg of your Excellency to appoint Commissioners (as heretofore) to hear our complaints, and redress our grievances.

One Sarah Bates has for some years rented a Tract of Land from us, but as our bounds are now become more circumscribed we choose, and if [she] should refuse so to do, on a friendly application, we must request you to direct the Attorney General to eject her, and indeed to render us other services in the same manner as Mr Robert Jones was wont to do in his lifetime.

We entreat your Excellency to dispatch our business with all convenient speed; for those Indians whom we have left at home are old men and children, incapable of providing for themselves, if cold weather should come on.

THOMAS BASKETT
BILLY DENNIS
WILLIAM TAYLOR
JOHN CAINE
WHITMELL TUFFDICK
BILLY BLOUNT
BILLY ROBERTS,
JAMES MITCHEL
LEWIS TUFFDICK
BILLY OWEN.
THOMAS BLOUNT
-------------------- page 362 --------------------

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

To His Excellency William Tryon, Esquire Captain, General Governor, and Commander in Chief in and over his Majesty's Province of North Carolina,

Sir,

We have received your Excellency's Message of this day by Mr Elwin accompanying the Speech made to your Excellency on Friday last by the Chiefmen of the Tuscarora Indians, together with a plat of their Land; which this House will take into consideration as soon as possible

JOHN HARVEY Sp

Sent by Mr Harnett and Mr Charles Blount

Ordered the 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 Virginia, And the Bill for further continuing an Act Intitled an Act for the restraint of Vagrants, and for making provision for the poor and other purposes be read, read the said two Bills, passed, and ordered to be sent to the Council

Sent the above three Bills to the Council by Mr Paine and Mr Blount,

Then the House adjourned till 10 oClock tomorrow morning


Wednesday November 12th 1766

The House met according to adjournment.

Resolved the following Message be sent to the Council, 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 honors concurrence thereto,

JOHN HARVEY Sp.

Sent the above Message with the papers therein mentioned, to the Council by Mr Kenan and Mr Respess,

Mr Kenan presented certificates from the Court of Duplin County, thereby recommending James Farrier, Fleet Cooper, and John Quinton, to be exempt from paying public taxes for the future—Granted,

-------------------- page 363 --------------------

Mr Smithwick presented a certificate from the County Court of Tyrril thereby recommending David Parkman to be exempt from paying public taxes—Granted,

Mr Blount presented a certificate from the County Court of Craven, thereby recommending Matthew Roe to be exempt from paying public taxes and doing public duties during his infirmity—Granted.

Mr Blount presented a certificate from the County Court of Craven thereby recommending John Perry, of Craven County to be exempt from paying public taxes, and doing public duties—Granted.

Received from the Council the following Bills, Vizt.

The Bill to impower the Justices of Beaufort County to build a Court House, prison and stocks in Bath Town &ca Endorsed, November 10th 1766, In the upper House, read the first time and passed.

The 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 &ca, Endorsed, November 12th 1766, In the upper House, read the first time and passed, and,

The 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

And also, The Bill for appointing a public Treasurer in the room of John Starkey Esquire; deceased, Endorsed, November 12th 1766, In the upper House read the second time amended and passed,

On motion ordered, the Bill to impower the Justices of Beaufort County to Build a Court House, prison and stocks in Bath Town, be read the second time, Read the same a second time, amended passed, and ordered to be sent to the Council

Sent the same to the Council by Mr Harris and Mr Respess.

Mr Caswell according to order, brought in a Bill to establish a school House in the Town of New Bern, which he read in his place, and delivered in at the Table where the same was again read by the Clerk, passed and ordered to be sent to the Council

On motion ordered the Bill for the relief of such person or persons as have suffered or may suffer, by not having had their deeds &ca proved and registered within the time &ca, be read the third time Read the same a third time passed and ordered to be sent to the Council

Sent the above two Bills to the Council by Mr Smith and Mr Cray.

-------------------- page 364 --------------------

Recd from the Clerk of the Crown a Certificate of the election of Benjamin Wynns and Matthias Brickell, Representatives for Hertford,

Two of the Members of his Majesty's Honble Council came to the House and Mr Buckell appeared, took the oaths by Law for his qualification, subscribed the Test and took his seat in the House.

On motion ordered the Bill to encourage Benjamin Heron to build a bridge over the North East Branch of Cape Fear River &ca be read the second time, Read the same a second time, passed and ordered to be sent to the Council

Sent the same to the Council by Mr Ashe and Mr Paine.

Mr Fanning from the Committee appointed to prepare and bring in a Bill for erecting part of Rowan County and part of Orange County into a separate County by the name of —— County and Parish of —— Reported, the Committee had prepared the same; which he moved may be read, the said Bill was accordingly read, passed, and ordered to be sent to the Council

Sent the same to the Council by Mr Ashe and Mr Paine.

Mr Dawson moved a Committee be appointed to prepare and bring in a Bill for regulating and ascertaining the several public officers fees, in this Province and Mr Dawson, Mr Ashe, Mr Barron, Mr Person, Mr Harnett, Mr Benton, Mr Jones, Mr Polk and Mr Vail, are accordingly appointed.

On motion ordered the Bill, for establishing the titles of the Freeholders in Edenton be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council

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

Mr Hewes moved for leave to present a Bill for building a Court House for the District of Edenton,

Ordered he have leave accordingly.

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

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

Mr Knox moved for leave to present a Bill, for confirming the Town of Woodstock and establishing the survey of the same.

Ordered that he have leave accordingly.

-------------------- page 365 --------------------

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

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

Mr Charles Blount moved for leave to present a Bill for an additional Act, to an Act, Intitled an Act, for restraining of excessive usury; which he read in his place, and delivered in at the Table, where the same was again read by the Clerk; passed, and ordered to be sent to the Council

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

Then the House adjourned till 3 oClock in the afternoon.

P. M. The House met according to adjournment.

Mr Haywood moved for leave to present a Bill for enlarging the time for saving lots in the Town of Tarborough,

Ordered that he have leave accordingly

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

Sent the same to the Council by Mr Haywood and Mr Palmer,

Recd the following Bills from the Council, Vizt.

The 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 &ca, Endorsed, In the upper House, read the third time and passed, Ordered to be engrossed,

The Bill for establishing a school House in New Bern, Endorsed, November, 12th 1766, In the upper House, read the first time and passed,

The Bill to encourage Benjamin Heron Esqr to build a bridge over the North East Branch of Cape Fear River &ca, Endorsed, November, 12th 1766, In the upper House read the second time, amended and passed.

The Bill to continue an Act, Intitled an Act, to suppress excessive and deceitful gaming, Endorsed, November 14th 1766, In the upper House read the second time amended and passed,

The Bill for the further continuing an Act, Intitled an Act, for the restraint of Vagrants, and for making Provision for the poor &ca Endorsed, November 11th 1766. In the upper House read the second time and passed, and,

-------------------- page 366 --------------------

The Bill to impower the Justices of Beaufort County to build a Court House, prison and stocks &ca, Endorsed, November, 12th 1766, In the upper House read the second time and passed,

On motion Resolved, that Mr Benton be discharged off the Committee for regulating and ascertaining the several public officers fees in this Province; and that Mr Woodhouse, and Mr Knox be added to the said Committee.

Mr Fanning moved for leave to bring in 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.

Ordered he have leave accordingly

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

Sent the same to the Council by Mr Fanning and Mr Emsley.

Ordered that Mr Felix Kenan and Mr Hewes be added to the Committee of Claims, Priviledges and Elections

And that Mr Farquher Campbell be added to the Committee of Accounts

Then the House adjourned till 10 oClock tomorrow morning.


Thursday 13th November 1766

The House met according to adjournment.

Two of the Members of His Majesty's Council came to the House and Mr Bartram one of the Members for Bladen County; and Mr Lemon one of the Members for Edgecombe County, appeared, took the Oaths by Law appointed for their qualification, subscribed the Test, and took their seat in the House,

Recd the following Bills from the Council, Vizt

The 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 further improvement &ca and,

The Bill for an Additional Act, to an Act, Intitled an Act for restraining of excessive usury, and

The Bill for erecting a convenient building within the Town of New Bern, for the residence of the Governor &ca Endorsed November 13th 1766. In the upper House, read the first time and passed,

Mr Harnett from the Committee of Priviledges and Elections, reported that the said Committee had taken the Petition of William

-------------------- page 367 --------------------
Cummins, who is returned a representative for the Town of Nixonton, into consideration, and, Resolved that the said William Cummins, was illegally returned a Representative for the aforesaid Town,

Resolved the House, Nem Con, do concur to the said Report,

Mr Robert Howe presented the petition of the Pilots of Ocacock; praying Redress &ca Ordered the said petition lie on the Table for Consideration.

Mr Charlton moved for leave to present a Bill, appointing the method of distributing Intestates Estates,

Ordered, he have leave accordingly

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

On motion ordered the Bill for further continuing an Act, Intitled, an Act for the restraint of Vagrants, and for making provisions for the poor, and other purposes, be read the third time, Read the same the third time, amended passed and ordered to be sent to the Council.

Mr Harris moved for leave to present a Bill, for a further allowance of commissioners, to Sheriffs and Collectors of Taxes and other purposes therein mentioned,

Ordered that he have leave accordingly

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

On motion ordered, the Bill for appointing a public Treasurer in the room of John Starkey Esquire, deceased, be read the third time, Read the same a third time, amended passed and ordered to be sent to the Council

Sent the above four Bills to the Council by Mr Bartram and Mr Fanning.

On motion ordered the Bill to impower the Justices of Beaufort County to build a court house, prison and stocks, in Bath Town be read the third time, Read the same a third time, passed, and ordered to be sent to the Council,

On motion ordered the Bill to continue an Act Intitled an Act, to prevent excessive and deceitful gaming, be read the third time, Read the same a third time passed and ordered to be sent to the Council

-------------------- page 368 --------------------

Mr Cogdell moved for leave to present a Bill, for joining the old Topsail Inlet to Neuse River, by cutting a navigable canal from the head of Harlows Creek to Clubfoot Creek,

Ordered he have leave accordingly.

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

On motion ordered the Bill to confirm a lease made by the Tuscarora Indians to Robert Jones Junr, William Williams, and Thomas Pugh Esqrs be read the second time. Read the same a second time; on which the question was put for passing the Bill, and carried in the affirmative.

Ordered the same be sent to the Council.

Sent the above four Bills to the Council by Mr Hewes and Mr Fanning.

Then the House adjourned till 10 oClock tomorrow morning.


Friday 14th November 1766.

The House met according to adjournment

Mr Spier moved for leave to absent himself from the service of the House on account of his Family's indisposition.

Ordered he have leave accordingly.

Mr Fanning presented the petition of Needham Bryan together with Benjamin Hardy, showing they were duly elected representatives for Johnston County, but by some means the Writ of Election, with the return thereof, is lost or mislaid, Praying &ca

The House on mature consideration of the said petition and certificates relative thereto,

Resolved that the said Needham Bryan and Benjamin Hardy are duly elected Representatives for the said County of Johnston.

Ordered that Mr Duncan Lemon be added to the Committee of Claims.

Mr Farquher Campbell presented the following certificates from the County Court of Cumberland therein recommending Benjamin Bevorett and Focker, of said County, to be exempted from paying public taxes and doing public duties—Granted.

Mr Fanning presented a certificate from the County Court of Orange therein recommending Jonathan Sell and John Alexander, both of said County, to be exempt from paying taxes and doing public duties—Granted.

-------------------- page 369 --------------------

Mr Lemon presented a certificate from the County Court of Edgcomb, thereby recommending John Baker to be exempt from paying public taxes and doing public duties—Granted.

Ordered Mr Brickell be added to the Committee on Propositions and Grievances.

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

Recd from the Council the following Bills, Vizt

The Bill for confirming a lease made by the Tuscarora Indians, to Robert Jones, Jun, William Williams and Thomas Pugh Esqrs, Endorsed November 14th 1766. In the upper House read the second time and passed.

The Bill for erecting a Court House and prison for the District of Edenton, Endorsed, November 14th 1766, In the upper House read the first time and passed,

Recd from the Council the following Bills, Vizt.

The Bill for the further allowance of commissions to Sheriffs and Collectors of Taxes, and other purposes therein mentioned,

The 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—Endorsed, November 14th 1766, In the upper House read the first time and passed,

The 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.

The Bill for the further continuing an Act, Intitled an Act, for the restraint of Vagrants and for making provision for the poor &ca

The Bill to continue an Act Intitled an Act, to suppress excessive and deceitful gaming, Endorsed November 14th 1766, In the upper House read the third time and passed

Ordered to be engrossed,

Mr Speaker presented a petition from sundry inhabitants of Bertie County, Praying a certain parcel of Land, containing one hundred acres at Gray's landing in the said County, may be erected into a Town &ca.

Mr Ashe presented a petition from several of the inhabitants of the County of Bertie, Praying a Town may be erected on Cashy, in Bertie County whereon the court house, prison &ca

-------------------- page 370 --------------------

On motion, Resolved the said petition lie for consideration, and that Mr Cullen Pollock, Mr Edward Vail, Mr James Blount, Mr Matthias Brickell, Mr Jacob Blount, Mr Benjamin Wynns, and Mr Jasper Charlton be appointed a Committee to view the places in the petition mentioned; and that they or the majority of them report to this House the next Session of the Assembly, which place of the two mentioned in the said petitions is most convenient and best to erect a Town at.

Mr Caswell from the Committee appointed to prepare the amendments which may be necessary to the Bill for facilitating the navigation &ca reported the Committee had agreed to several amendments necessary to the said Bill which he was ready to present, if the House will please to receive them.

Resolved, the House receive the said amendments; and that they be read, the same were read, and agreed to by the House.

Ordered the said amendments be inserted in the said Bill,

On motion ordered the Bill for erecting a convenient building within the Town of New Bern, for the residence of the Governor &ca be read the second time, read the same a second time, amended, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr Fanning and Mr Respess

On motion ordered the Bill for establishing the titles of Freeholders in Edenton &ca be read the third time, Read the same a third time, amended, passed and ordered to be sent to the Council,

On motion ordered the Bill for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort, be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council.

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

On motion ordered Mr Caswell and Mr Respess have leave to absent themselves from the service of the House 'till Tuesday next.

On motion ordered, the Bill, for an additional Act, to an Act, Intitled an Act for the restraining of excessive usury be read the second time, Read the same a second time. The question put if the said Bill pass: and passed in the negative.

Resolved the said Bill be rejected.

On motion ordered the 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, be read the second time,

-------------------- page 371 --------------------
Read the same a second time, amended passed, and ordered to be sent to the Council

Sent the same to the Council by Mr Cole and Mr Cogdell,

Mr Kenan moved for leave to bring in a Bill for ascertaining the dividing line between New Hanover and Duplin Counties.

Ordered he have leave accordingly

Then the House adjourned till 10 oClock tomorrow morning


Saturday November 15th 1766

The House met according to adjournment

Mr Payne moved for leave to absent himself from the service of the House tomorrow, And Mr Shepard, Mr Jacob Blount, and Mr Jones moved for leave to absent themselves from the service of the House 'till Monday evening next

Ordered they have leave accordingly

On motion ordered, the Bill for a further allowance of Commissions to Sheriffs and Collectors of Taxes, and other purposes therein mentioned, be read the second time, Read the same a second time, amended, passed and ordered to be sent to the Council

Mr Bartram presented the petition of Christopher Dudley keeper of the Public Goal for the District of Halifax, Praying a further allowance for accommodating prisoners &c which was read,

Ordered the same lie on the Table for consideration.

Mr Frohock moved for leave to present 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; which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

On motion ordered, the Bill to confirm a lease made by the Tuscarora Indians to Robert Jones junior, William Williams, and Thomas Pugh Esquires, be read the third time, Read the same a third time passed, and ordered to be sent to the Council.

Mr Bryan presented a certificate from the Court of Johnston County therein recommending William Thompson and Elias Crawford of said County, to be exempt from paying public taxes and doing public services; and Alexander Parker, of said County from public duties, Granted,

-------------------- page 372 --------------------

Mr Benton presented a certificate from the County Court of Granville; thereby recommending Richard Briggs and John Cooper to be exempt from paying public taxes. Granted.

On motion ordered, the Bill, for erecting a Court House and prison for the District of Edenton, be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

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

Ordered he have leave accordingly.

Mr Maurice Moore having made appear the necessity of taking care of the guns and ammunition belonging to Fort Johnston,

Resolved, that ten men be allowed and employed, to garrison the said Fort &ca, including a Captain; and that the said Captain be allowed the sum of six shillings and eight pence p. diem, for subsistence, for one year, and from thence to the end of the next session of Assembly.

Mr Kenan moved for leave to present a Bill to prevent hunting for, and killing deer in the manner herein mentioned.

Ordered that he have leave accordingly.

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

Mr Johnston moved for leave to present a Bill, for appointing a printer to this Province.

Ordered that he have leave accordingly.

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

His Excellency the Governor sent a written Message to the House as follows, to wit,

Mr Speaker and Gentlemen of the Assembly

Mr Churton, of Edenton has signified to me, that he has, with great labour and at a very considerable expence nearly compleated a map of the inhabited part of this Province; and intends if properly encouraged, to transmit it to Britain in order to have it published and printed: As such an undertaking if well executed must be of great convenience and utility to the inhabitants of this Province, I hope the House of Assembly will take it into consideration

-------------------- page 373 --------------------
and give Mr Churton all the assistance and encouragement, which his own assiduity, and a work of this extensive nature, deserve from the public.

Wm TRYON.

Resolved the same lie on the Table for consideration.

Mr Ashe moved a Committee be appointed to prepare and bring in a Bill for appointing a Militia, and Mr Ashe, Mr Fanning, Mr Howe, Mr Harris and Mr Vail are accordingly appointed.

Then the House adjourned till 10 oClock tomorrow morning.


Monday November 17th 1766,

The House met according to adjournment

Recd the following Bills from the Council,

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

The 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 Endorsed, November 13th 1766, In the upper House read the first time and passed.

On motion ordered the Bill for confirming the Town of Woodstock, and establishing the survey of the same be read a second time, read the same a second time, amended passed and ordered to be sent to the Council

On motion ordered the Bill for appointing the method of distributing Intestates Estates be read the second time, read the same a second time, amended passed, and ordered to be sent to the Council.

Sent the above two Bills to the Council by Mr Charlton and Mr Payne.

Recd from the Council the Bill for confirming a lease made by the Tuscarora Indians to Robert Jones, Junr William Williams and Thomas Pugh Esquires, Endorsed, November 17th 1766. In the upper House, read the third time and passed,

Ordered to be engrossed, and—

The Bill for erecting a convenient Building within the Town of New Bern for the residence of the Governor &ca Endorsed, November 17th 1766. In the upper House read the second time and passed

Mr Payne moved for leave to present a Bill to confirm the vestry of St James Parish, in New Hanover County, and to enable them to lay a tax on all the taxable persons within the same.

Ordered he have leave accordingly

-------------------- page 374 --------------------

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

Mr Jones moved for leave to present a Bill to revive and continue an Act, Intitled an Act to establish a ferry from Solly's Point to Relfs Point whereon the Court House now stands on Pasquotank River.

Ordered he have leave accordingly

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

Sent the above four Bills to the Council by Mr Charlton and Mr Payne

Mr Elmsley moved for leave to present a Bill, for altering certain Landings and places of inspection in the Counties of Craven and Dobbs; and substituting and appointing others in lieu thereof

Ordered he have leave accordingly

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

Sent the same to the Council by Mr Fanning and Mr Hewes.

Recd from His Excellency the Governor the following written message with the papers therein mentioned,

Mr Speaker and Gentlemen of the House of Assembly,

I send you under the great Seal of the Province of Quebec, accompanied with General Murrys Letters, the total of the losses, and the names of the persons who are sufferers by the fire at Montreal in May 1765.

As the usual method practiced in other Countries of collecting contributions for the relief of public distresses and calamities, cannot be observed in this Province for the want of Clergymen, who are the proper persons to collect, by brief, the donations from their Parishioners; I am obliged to apply to you for the relief of those many unhappy and distressed families; now reduced to a state of Poverty. Public distresses call for public assistance; and as nothing gives more credit to a Country than a seasonable generosity on those melancholy occasions I must warmly recommend these unhappy sufferers to your liberality

Wm TRYON,
-------------------- page 375 --------------------

Ordered the said Message lie for consideration 'till tomorrow, and that the following Message be sent toHis Excellency the Governor, to wit,

To His Excellency William Tryon Esquire Captain General Governor &ca

Sir.

This House have received your Excellencys Message relative to the losses sustained by the persons who have suffered by the late fire at Montreal together with the several papers therein referred to, and assure your Excellency we will take the same into our consideration as soon as possible

JOHN HARVEY Sp.

Sent by Mr Charlton and Mr Person.

Recd from the Council the following Bills, Vizt

The Bill for erecting a Court House and prison for the District of Edenton, Endorsed, November 17th 1766. In the upper House read the second time amended and passed.

The 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, Endorsed November 17th 1766, In the upper House read the third time and passed. Ordered to be engrossed.

Mr Howe moved for leave to present a Bill appointing a Vendue Master for the Town of Wilmington, in this Province.

Ordered he have leave accordingly

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

Sent by Mr Moore and Mr Cole

Recd from the Council the following Bills, Vizt

The Bill appointing the method of distributing Intestates Estates.

The 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, Endorsed, November 17th 1766, In the upper House read the second time and passed.

The Bill to prevent hunting for, and killing deer in the manner therein mentioned—and,

-------------------- page 376 --------------------

The Bill to confirm the Vestry of St James Parrish in New Hanover County, and to enable them to lay the tax &ca. Endorsed, November 17th 1766. In the upper House read the first time and passed.

Mr Fanning moved for leave to present a Bill to amend and continue an Act, Intitled, an Act for appointing a Militia.

Ordered he have leave accordingly.

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

Mr Fanning moved for leave to present a Bill, concerning the taking up of stray horses.

Ordered he have leave accordingly.

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

Mr Bartram moved for leave to present a Bill, for destroying Crows and Squirrels in the several Counties therein mentioned.

Ordered he have leave accordingly.

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

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

Recd from the Council the Resolve of this House sent them the 11th Instant relative to an annual allowance to be paid William Shaw, who was disabled in the service of this Province against the French and Indians on the Ohio Endorsed, November 12th 1766, In the upper House, Concurred with

LEWIS DeROSSET, P. C.

Resolved, the afore mentioned Resolve be sent to His Excellency the Governor for his concurrence.

Sent by Mr Vail and Mr Jones.

-------------------- page 377 --------------------

The House took into consideration the Message from His Excellency the Governor of the 15th Instant, and

Resolved, That William 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 contingencies, 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.

Sent by Mr Person and Mr Charlton.

Recd from his Excellency the Governor, the Resolve of this House sent him this day, relative to the allowance of an annuity to William Shaw, Endorsed, November 17th 1766, The preceeding Resolve—Concurred with.

Wm TRYON.

Mr Elmsley moved for leave to present a Bill for allowing time for the payment of the duties on Wine and other spiritous Liquors.

Ordered he have leave accordingly.

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

Mr Person according to order presented a Bill to impower the Church Wardens and Vestrymen of St. Johns Parish, in Bute County to appropriate the surplussage money levied for erecting the public buildings in said County to the use of the said Parish of St. John's which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Mr Fanning moved for leave to bring in the following Bills, Vizt

A Bill to lay a Tax on Pedlars and other Itinerant Traders coming into this Province.

A Bill, to amend an Act, Intitled an Act concerning Marriages, and,

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,

Ordered he have leave accordingly

Mr Cogdell moved for leave to bring in a Bill to amend the several Acts for regulating the Town of New Bern and other purposes.

Ordered he have leave accordingly

-------------------- page 378 --------------------

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majestys 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 to Mr Churton to which Resolves we desire your Honors Concurrence,

JOHN HARVEY Sp.

Sent by Mr Hewes and Mr Paine.

Mr Frohock moved for leave to present a Bill for the relief of poor Debtors as to the Imprisonment of their persons, and other purposes.

Ordered he have leave accordingly

Mr Frohock 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 sent to the Council.

Mr Phifer moved for leave to bring in a Bill, to enable the Commissioners of the Town of Charlotte, in the County of Mecklenburg, to lay off the said Town in Streets, Squares and Lots, and to build a Court House Prison and Stocks, in the said Town, for the use of the said County

Ordered he have leave accordingly.

Mr Kenan moved for leave to bring in a Bill for ascertaining the boundary line between the Counties of New Hanover and Duplin.

Ordered he have leave accordingly

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

Sent by Mr Kenan and Mr Bryan,

Mr Benton moved for leave to present a Bill, to prevent the unreasonable destruction of Fish in Neuse River, Tar River, Fishing Creek, Rocky River and the South fork of the Catawba River.

Ordered he have leave accordingly.

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

Mr Frohock moved for leave to present a Bill for reviving the several Acts of Assembly relative to the Inspection of Tobacco.

Ordered he have leave accordingly.

-------------------- page 379 --------------------

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

Mr Phifer moved for leave to bring in a Bill, to enable the Inhabitants of this Province to lay a Tax to pay their Taxes with linen, cloth hemp and flax.

Ordered he have leave accordingly

Mr Benton for leave to bring in a Bill, to amend an Act, Intitled an Act, for rendering more effectual the Laws making Lands and other Estates, liable to the payment of debts

Ordered that he have leave accordingly

Mr Person moved for leave to bring in a Bill for altering the time of holding the Inferior Court of pleas and quarter Sessions, in the Counties of Bute and Onslow,

Ordered he have leave accordingly.

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

Mr Knox moved for leave to present a Bill to amend an Act passed in the year of our Lord 1765. Intitled an Act to prevent the exportation of unmerchantable commodities

Ordered he have leave accordingly

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

Sent the above seven Bills to the Council by Mr Frohock and Mr Harris.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday, November 18th 1766

The House met according to adjournment,

On motion ordered the Bill to prevent hunting for, and killing deer in the manner therein mentioned, be read the second time, read the same the second time, passed and ordered to be sent to the Council.

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

Recd from the Council the following Bills

The Bill to amend and continue an Act Intitled an Act, for appointing a Militia

-------------------- page 380 --------------------

The Bill, appointing a Vendue Master for the Town of Wilmington in this Province.

The Bill for ascertaining the boundary line between the Counties of New Hanover and Duplin, Endorsed, November 17th 1766, In the upper House read the first time and passed,

The Bill for establishing a school house in the Town of New Bern, Endorsed, November 11th 1766, In the upper House read the second time amended and passed.

On motion ordered the Bill, for erecting a Court House and prison for the use of the District of Edenton, be read the third time, Read the same a third time amended, passed, and ordered to be sent to the Council.

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

Mr Phifer according to order presented a Bill for establishing a Town on the Lands of George Augustus Selwyn in Mecklenburg County which he read in his place and delivered in at the Table where the same was again read by the Clerk, passed and ordered to be sent to the Council

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

On Motion ordered the Bill to encourage Benjamin Heron Esquire to build a bridge over the North East Branch of Cape Fear River &ca be read the third time, Read the same a third time, amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr Howe and Mr Harnett.

The House took under consideration his Excellency's Message of Yesterday, relative to the sufferers by the late Fire at Montreal &ca and,

Resolved, the same be for further Consideration

Mr Ashe laid before the House several Letters from the Speakers of the Assembly's of —— Ordered the same lie on the Table for the perusal of the House.

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

Sent by Mr Haywood and Mr Lemon.

-------------------- page 381 --------------------

On motion ordered the Bill, appointing the method of distributing Intestates Estates, be read the third time, Read the same a third time, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr Haywood and Mr Lemon.

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

Sent the same to the Council by Mr Cogdell and Mr Cray,

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

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

Mr Hewes and Mr James Blount moved for leave to absent themselves from the service of the House after tomorrow—

Ordered they have leave accordingly

On motion ordered the Bill appointing a Vendue Master for the Town of Wilmington in this Province, be read a second time, Read the same a second time passed and ordered to be sent to the Council

Sent the same to the Council by Mr Harnett and Mr Moore.

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

Ordered he have leave accordingly

On motion ordered the 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, be read the second time, Read the same a second time, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr Spier and Mr Rutherford.

Mr Spencer presented the following certificates from the County Court of Anson Conuty thereby recommending William Dawkins, Joseph Rye, and William Drinkings, of said County be exempt from paying taxes—Granted.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday November 19th 1766.

The House met according to adjournment

Two of the Members of his Majesty's Honble Council came to the

-------------------- page 382 --------------------
House and Mr Thomas Howe one of the Members of Craven County appeared, took the Oaths by Law appointed for his qualification subscribed the Test, and took his seat in the House.

On motion ordered the Bill to amend and continue an Act, Intitled an Act, for appointing a Militia, be read a second time, read the same a second time, amended passed, and ordered to be sent to the Council,

Sent the same to the Council by Mr —— and Mr ——

Recd from the Council the following Bill, Vizt.

The Bill to amend an Act, Intitled an Act, for rendering more effectual the Laws making land and other real estates, liable to the payment of debts,

The Bill to amend an Act, passed in the year of our Lord 1764, Intitled an Act, to prevent the exportation of unmerchantable commodities

The Bill, for reviving the several Acts of Assembly relating to the inspection of Tobacco.

The Bill to prevent the unreasonable destruction of Fish in Neuse River, Tar River, Fishing Creek, Rocky River, and the South fork of the Catawba River.

The Bill for allowing time for the payment of the duties on Wine, and other spirituous Liquors—and—

The Bill for the relief of poor debtors as to the imprisonment of their persons and other purposes; Endorsed, November 18th 1766 In the upper House, read the first time and passed,

The Bill appointing the method of distributing Intestates Estates, Endorsed, November 19th 1766, read the third time and passed,

Ordered to be engrossed.

The Bill for destroying Crows and Squirrels within the Counties therein mentioned, Endorsed, November 19th 1766, In the upper House read the first time amended and passed.

The Bill for regulating the duty of a vendue Master to be appointed for the Town of Wilmington, Endorsed November 19th 1766, In the upper House, read the second time amended and passed—and—

The Bill for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort, Endorsed, November 19th 1766, In the upper House read the second time amended and passed,

Recd from the Council the following Bills, Vizt.

The 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,

-------------------- page 383 --------------------

The Bill to prevent hunting for, and killing Deer in the manner therein mentioned—Endorsed November 19th 1766, In the upper House read the second time and passed, and,

The Bill for erecting a Court House and Prison for the District of Edenton, Endorsed, November 19th 1766, In the upper House read the third time and passed,

Ordered to be engrossed.

Mr Dawson presented two certificates from the County Court of Northampton therein recommending John Wade and Richard Pritchett, to be exempt from paying public taxes—Granted.

Recd from the Council the following Message Vizt

Mr Speaker and Gentlemen of the House of Assembly,

On reading the third time, “The Bill to encourage Benjamin “Heron Esquire to build a bridge over the North East River of “Cape Fear,” We observe, that in the eleventh line of the first Section, you have inserted the words, twenty five years next after the passage 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 said 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 to send some of your Members to see the same expunged.

On reading of which and duly considering the same,

Resolved, this House concur to the said amendments proposed by the Council in the said Message,

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

Gentlemen of His Majestys Honble Council,

On reading your Message of this day relative to the Bill, to encourage Benjamin Heron, Esquire, to build a bridge over the North East Branch of Cape Fear, We observe you propose expunging the words twenty five years next after the passing of this Act, and also the clause impowering “The Justices of the Inferior Court of New Hanover County, from time to time thereafter to establish

-------------------- page 384 --------------------
and rate the toll, to be taken for the said bridge,” to which alterations this House agree, and have sent Mr Robert Howe and Mr James Moore, two of the Members of this House, to see the same made.

JOHN HARVEY Sp.

On motion ordered the Bill for allowing time for the payment of the duties on Wine and other Spiritous Liquors, be read the second time. Read the same a second time passed, and ordered to be sent to the Council

Sent the same to the Council by Mr Brickell and Mr Cole.

Two of the Members of His Majestys Honble Council, came to the House, and Mr Joseph Williams one of the Members for Duplin County appeared, took the oaths by Law appointed for his qualification, subscribed the test and took his seat in the House.

Mr Fanning pursuant to order presented a Bill to amend an Act, Intitled an Act, for establishing a Town on the Land formerly granted to Wm Churton Gentleman lying on the North side of the Enoe River, in the County of Orange, which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Sent the same to the Council by Mr Brickell and Mr Cole.

On motion ordered, the Bill for the relief of poor debtors, as to the imprisonment of their persons, be read the second time. Read the same a second time, and the Motion made, that the said Bill pass; on which, the question was put, and carried in the negative.

Then the House adjourned till 10 oClock tomorrow morning


Thursday 20th November 1766

The House met according to adjournment

Mr Fanning pursuant to order, brought in a Bill, to lay a tax on Pedlars and other Itinerant Traders coming into this Province, which he read in his place and delivered in at the Table where the same was again read by the Clerk, passed and ordered to be sent to the Council

Sent the same to the Council by Mr Howe and Mr Ashe,

On motion ordered the Bill, to confirm the Vestry of St James Parish in New Hanover County to enable them to lay a tax on all taxable persons within the same be read the second time, On which the Motion was put, and the question put, if the said Bill pass, and carried in the negative,

-------------------- page 385 --------------------

Recd from the Council the following Bills, Vizt

The 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, Endorsed, November 20th 1766 In the upper House read the third time and passed. Ordered to be engrossed.

The Bill for erecting part of Rowan County and part of Orange County into a separate County by the name of —— County and Parish of —— and other purposes, and,

The Bill for appointing a Printer to this Province, Endorsed, November 20th 1766, In the upper House, read the first time, and passed, and also,

The two Resolves of this House sent to the Council the 17th Instant, the one regarding an allowance to William Churton, Gentleman, the other relative to the Garrisoning of Fort Johnston, Endorsed, November 17th 1766, In the upper House, Concurred with.

JOHN RUTHERFORD P.

Also the above two mentioned Resolves be sent to His Excellency for his Concurrence,

Sent the above mentioned two Resolves to His Excellency the Governor for His Concurrence by Mr —— and Mr ——

Also the following Message Vizt

To His Excellency William Tryon, Esquire Captain, General Governor, &ca

Sir,

This House herewith send Your Excellency two Resolves thereof, the one regarding an allowance of one hundred and fifty pounds proclamation money to William Churton Gentleman, the other relative to the garrisoning Fort Johnston; to which his Majesty's Honble Council have concurred, this House therefore desire your Excellency's will please to give your assent thereto.

Sent the same to His Excellency by Mr Frohock and Mr Charles Blount,

On motion ordered Mr Phifer who was ordered to bring in a Bill to enable the inhabitants of this Province to pay their Taxes with linen, cloth, hemp and flax—Resolved he be discharged from said order,

-------------------- page 386 --------------------

Mr Dawson from the Committee appointed to prepare and bring in a Bill for regulating the fees of the several officers &ca reported, that they have not time to prepare and bring in the said Bill; and desire to be discharged from said order, Resolved the said Committee be discharged accordingly.

Mr Joseph Jones, presented a certificate from the Inhabitants of Pasquotank County setting forth the many great hardships the said inhabitants, as well as several other inhabitants of this Province endure, for want of Paper, and other currency—Praying relief &ca, the same was read, and

Resolved, the House Resolve into a Committee of the whole House, tomorrow to consider the subject matter of the said Petition.

Mr Fanning according to order, brought in a Bill to amend an Act, Intitled an Act, concerning Marriages; which he read in his place and delivered in at the Table; where the same was again read by the Clerk, passed and ordered to be sent to the Council.

Sent the same to the Council by Mr Thomas Howe and Mr Bradford,

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

Sent the same to the Council by Mr Jacob Blount and Mr Thos Howe.

Recd from his Excellency the Governor a written message with papers therein referred to, as follows Vizt

Mr Speaker and Gentlemen of the House of Assembly.

As the Commissioners appointed by an Act of Assembly 1764, for settling of six Acres of Land for the use of Fort Johnston, have never carried the same into Execution, and as such a tract is inconsiderable and insufficient for the necessaries of the Fort, I send you a plan accurately surveyed, of such a Tract, as I estimate really necessary to be obtained, and reserved to his Majesty for the use of Fort Johnston

The abstract, from my instructions, which accompanies this, will show the complaints and inconveniencies that have arisen in several of his Majesty's Forts on the Continent, for want of a proper quantity of Land, sufficient to furnish fuel, I therefore recommend to you Gentlemen, to pass a Law to purchase and reserve, for the use

-------------------- page 387 --------------------
aforesaid, the land containing about five hundred and thirty acres as laid down in the said plan,

Wm TRYON.

Then the House adjourned till 10 oClock tomorrow morning


Thursday November 20th 1766

The House met according to adjournment

On motion ordered, the Bill for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort be read the third time, read the same a third time, amended passed and ordered to be sent to the Council

Sent the same to the Council by Mr Jacob Blount and Mr Thos Howe.

On reading his Excellency's Message of this day, Resolved, This House will take the same in consideration tomorrow.

On motion ordered the Bill to prevent the unreasonable destruction of Fish in Neuse River &ca be read the second time, read the same a second time, amended passed and ordered to be sent to the Council

Sent the same by Mr Harris & Mr Rutherford

On motion ordered the Bill to prevent hunting for and killing Deer in the manner therein mentioned, be read the second time, read the same a second time passed and ordered to be sent to the Council.

Sent the same by Mr Harris and Mr Rutherford

On motion ordered the Bill for destroying Crows and Squirrels &ca be read the second time, read the same a second time, on which the motion was made that the said Bill pass, and the question put which was carried in the negative.

Resolved the following Message be sent to the Council, 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 inserting the Honorable Lewis DeRosset Esquire in the room of John Ashe Esquire; 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 right, which, in your opinion, you have a

-------------------- page 388 --------------------
joint nomination; and should be glad you will pass the Bill as sent you by this House: It was ever give us concern, should any circumstances arise to interrupt the harmony that ought to subsist between the two houses; which it is as much our intention, at it is our wish to cultivate and promote

JOHN HARVEY Sp.

Then the House adjourned till 10 oClock tomorrow morning.


Friday November 21st 1766

The House met according to adjournment.

On motion ordered the Bill, for ascertaining the boundary line between the Counties of New Hanover and Bladen, be read the second time, read the same a second time, amended passed and ordered to be sent to the Council.

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

Recd from the Council the Bill to encourage Benjamin Heron Esquire, to build a bridge over the North East branch of Cape Fear, at or near the place where the Ferry is now kept by Edward Davis, Endorsed, November 20th 1766. In the upper House read the third time and passed with amendments,

Ordered to be engrossed.

The Bill to amend and continue an Act, Intitled an Act for appointing a Militia Endorsed November 20th 1766. In the upper House read the second time and passed,

The Bill to lay a tax on Pedlars and other Itinerant Traders coming into this Province,

The Bill to amend an Act, Intitled an Act, for regulating the pilotage of Cape Fear River, &ca and other purposes. Endorsed November 20th 1766, In the upper House, read the first time and passed.

The 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 Orange County, and,

The Bill to amend an Act, Intitled an Act, concerning Marriages, Endorsed, November 21st 1766, In the upper House read the first time and passed, and,

Also the following Message, to wit,

-------------------- page 389 --------------------

Mr Speaker and Gentlemen of the Assembly,

On reading for the third time the Bill for facilitating the navigation of Port Bath, Port Roanoke, and Port Beaufort, We observe you have deled our amendment in the fourth page, relative to the propositions of the Port of Bath and Beaufort which we apprehend arises 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 Ports of Bath and Beaufort) be inserted. This amendment being consonant with the principles of distributive Justice, we hope, you will agree thereto, and send two of your Members to see the same made.

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

Sent the same by Mr Kenan and Mr Frohock.

Recd from His Excellency the Governor the two Resolves of this House of the 17th Instant, the one regarding the allowance to William Churton of one hundred and fifty five pounds proc. money, the other relative to the garrisoning of Fort Johnston; which were concurred with by the Council, Endorsed November 21st 1766. Concurred with.

Wm TRYON.

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

Gentlemen of His Majestys Honble Council,

On reading your Message of this day relative to the Bill for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, We agree to insert the following words in the 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 Sp.

Recd from the Council the Bill to prevent hunting for and killing Deer in the manner therein mentioned. Endorsed, November 21st 1766, In the upper House, read the third time and passed. Ordered to be engrossed,

-------------------- page 390 --------------------

The Bill to revive and continue an Act, Intitled an Act, to establish a ferry from Sollys point whereon the Court House now stands, on Pasquotank River, Endorsed November 21st 1766. In the upper House, read the first time and passed.

The Bill for appointing a Printer to this Province, Endorsed November 21st 1766. In the upper House read the second time and passed.

Mr Pollock, Mr Campbell, and Mr Brickill moved for leave to absent themselves from the service of the House

Ordered they have leave accordingly.

Ordered the Bill to amend an Act Intitled an Act, for Establishing a Town on the Lands formerly granted to William Churton Gentleman, lying on the North side of the Enoe River in the County of Orange, be read a second time, Read the same a second time, passed and ordered to be sent to the Council.

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

Two of the Members of his Majesty's Honble Council came to the House and Mr Richard Ward, one of the Members from Onslow County, appeared, took the Oaths by Law appointed for his qualification, subscribed the Test, and took his seat in the House

It appearing to this House that Richard Grove, who was elected a Representative for the Town of Campbellton, is since dead, therefore—Resolved, that his Excellency the Governor be addressed to direct the Clerks of the Crown to issue a Writ for electing a Representative for the said Town in the room and stead of the said Richard Grove;

And that the following Message be sent to His Excellency the Governor, to wit,

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

Sir,

This House being informed that Richard Grove who was elected a Representative for the Town of Campbellton, is dead; therefore desire your Excellency will please to direct the Clerk of the Crown to issue a Writ for Electing a Representative for the said Town of Campbellton, in the room and stead of the said Richard Grove to sit and vote in the Present Assembly.

JOHN HARVEY Sp.
-------------------- page 391 --------------------

Sent by Mr Campbell and Mr Polk.

On motion ordered the Bill for reviving the several Acts of Assembly relating to the inspection of Tobacco be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council,

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

On motion ordered the Bill, for regulating the duty of a Vendue Master to be appointed for the Town of Wilmington in this Province be read the third time, Read the same a third time, amended passed, and ordered to be sent to the Council,

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

The order of the day being read, Resolved, the House resolve into a Committee of the whole House tomorrow, to take into consideration the petition of the inhabitants of Pasquotank County.

On motion ordered the Bill to amend an Act, Intitled an Act, to prevent the exportation of unmerchantable commodities, be read the second time Read the same a second time, amended passed and ordered to be sent to the Council.

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

Mr Smith and Mr Moore moved for leave to absent themselves from the service of the House,

Ordered they have leave accordingly.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday November 22d 1766.

The House met according to adjournment

On motion ordered the Bill to amend an Act Intitled an Act, for regulating the pilotage of Cape Fear River, and other purposes, be read the second time, read the same a second time, passed, and ordered to be sent to the Council,

Sent the same to the Council by Mr Ashe and Mr Knox.

Recd from the Council the following Message, Vizt.

Mr Speaker and Gentlemen of the House of 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

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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 passage 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 duly licensed 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,

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

Gentlemen of His Majesty's Honble Council,

In answer to your Message of the 21st Instant, received this day, relative to the several amendments by you proposed, to the Bill for the establishing a school house in the Town of 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 a Law, but he will be chosen one of the Trustees: at the same time to appoint the Minister 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 the 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 Sp

Mr Bryan moved for leave to absent himself from the service of the House,

Ordered he have leave accordingly.

Resolved, his Majesty be addressed by this House to return him their thanks for his assent to the repeal of the Act, commonly called the Stamp Act,

-------------------- page 393 --------------------

Mr Harnett from the Committee of Public Accounts reported the Committee had settled several Accounts with the several public accountants and had received the several sums following, on account of the sinking fund Vizt from several Sheriffs by the hands of Samuel Swann Esquire the sum of two thousand five hundred and fifty seven pounds five shillings: from Joseph Montfort Esquire, Treasurer of the Northern District, Two thousand five hundred and twenty one pounds twelve shillings and two pence, and from the Executors of John Starkey Esquire, four hundred and nineteen pounds one shilling and eight pence proc money; which said several sums are to be burnt,

Resolved the Committee of the Whole House be, and they are hereby appointed to join a Committee of his Majestys Council to see the same burnt, at the House of Richard Cogdell at 4 oClock this afternoon.

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majestys Honble Council.

The Committee of Accounts have received the sum of £2557: 5 from the several Sheriffs by the hands of Samuel Swann Esquire, the sum of £2521: 12: 2d from Joseph Montfort Esquire Treasurer of the Northern District, and the sum of £419: 1: 8: from the executors of John Starkey Esquire, 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 sums burnt at the house of Mr Richard Cogdell, in New Bern, at 4 oClock this afternoon, in conjunction with such of your Honors, as you shall think proper to appoint for that purpose.

JOHN HARVEY, Sp.

Sent by Mr Caswell and Mr Blount,

The order of the day being read, the House resolved into a Committee of the whole House to take under consideration the petition of the Inhabitants of Pasquotank County, and chose Mr Richard Caswell, Chairman; after some time spent therein the Committee came to several Resolutions; which Mr Chairman was directed to report to the House, Then the Committee arose, and Mr Speaker resumed the Chair.

Mr Chairman reported that it is the opinion thereof, that a Bill be prepared and brought into the House, for rating the price of the

-------------------- page 394 --------------------
several commodities therein mentioned; and that a Committee be appointed to prepare and bring in the same, That it is the opinion of the said Committee, That an humble address be prepared and presented to his Majesty, setting forth the great distress this Province is reduced to, from the want of a currency, and humbly implore his Majesty that he will be graciously pleased to use his Royal Influence with his Parliament; to take off the restrictions laid upon us by act of Parliament relative to future emissions of a paper currency; and such other relief as he, in his Royal Wisdom shall think meet,

The motion was made, and the question put, if the House agree to the said report,

Resolved, the House agree thereto.

Mr John Ashe, Mr Fanning, and Mr Robert Howe, are appointed a Committee to prepare an Address to his Majesty on the repeal of the Stamp Act.

And Mr John Ashe, Mr Fanning, and Mr Robert Howe are appointed a Committee to prepare an Address to his Majesty, for leave to emit a paper Currency,

Mr Harnett, Mr Caswell, Mr Frohock, Mr Knox, and Mr Phifer are appointed a Committee to prepare and bring in a Bill for rating the species of the several commodities therein mentioned,

Recd from the Council the Bill for allowing time for the payment of duties on Wine; and other spiritous Liquors, Endorsed, November 22d 1766. In the upper House, read the second time amended and passed,

The Bill to prevent the unreasonable destruction [of fish] in Neuse River, Tar River, Fishing Creek &ca Endorsed, November 21st 1766. In the upper House read the second time, amended and passed, and,

The Bill for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, Endorsed, November 22d 1766, In the upper House read the third time and passed with amendments,

Ordered to be engrossed.

The order of the day being read the House took into consideration His Excellencys Message of the 20th Instant, regarding the purchase of 530 Acres of Land for the use of Fort Johnston;

Mr Fanning moved a Committee be appointed to view the 530 acres of Land adjoining Fort Johnston, of which his Excellency sent a plan to this House; and Mr Ashe, Mr Harnett, Mr Kenan,

-------------------- page 395 --------------------
Mr Robert Howe, and Mr Bartram, are accordingly appointed for that purpose.

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

To His Excellency William Tryon Esquire, Captain General, Governor and Commander in Chief, in and over his Majesty's Province of North Carolina,

Sir,

This House have taken into consideration your Excellency's Message of the 20th Instant; and in Honour thereto have appointed a Committee of this House, to view the Land of which we have your Excellency's plan; and have instructed them to confer with the proprietors concerning the price, and to report to this House at the next session of Assembly, the value thereof, that such measures may be pursued as shall best answer the purposes of your Excellency's Message.

JOHN HARVEY Sp.

Sent by Mr Harnett and Mr Kenan.

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

Sent the same by Mr Frohock and Mr Spencer.

Recd from the Council the following Message, Vizt

Mr Speaker and Gentlemen of the Assembly

In answer to your Message, relative to burning the several sums paid in to the Committee of Accounts; This House have appointed a Committee of the whole House to see the same burnt as the House of Mr Richard Cogdell at the time you mention.

On motion ordered the Bill to amend and continue an Act, Intitled, an Act for appointing a Militia be read the third time, Read the same a third time, amended passed, and ordered to be sent to the Council,

Sent the same by Mr Frohock and Mr Spencer.

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 396 --------------------

Monday November 24th 1766.

The House met according to adjournment

Mr Harnett reported, that the Committee of the two Houses had attended and seen the money burnt, agreeable to the Resolve of Saturday last.

Mr Fanning moved that two Members wait on the Council, and ask them, if they will please join with this House in an Address to his Majesty, on the repeal of the Stamp Act.

Ordered that Colonel Frohock and Mr Spencer wait on the Council for that purpose

Recd from the Council the Bill for establishing a school in the Town of Newbern; Endorsed, November 22nd 1766 In the upper House read the third time and passed with amendments.

Ordered to be engrossed, and

The Bill to establish the vestry of Saint James Parish in New Hanover County, to enable them to lay a tax to pay the Minister of the Parish, and defray the Contingent Charges thereof, Endorsed, November 22d 1766. In the upper House, read the first time and passed.

On motion ordered the Bill, for erecting part of Rowan County and part of Orange County into a separate County, by the name of —— County and —— Parish be read the second time, Read the same a second time, amended passed, and ordered to be sent to the Council.

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

Recd from the Council the following Bills, Vizt

The 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, and

The Act, for reviving and reenacting the several Acts of Assembly, relating the Inspection of Tobacco Endorsed, November 24th 1766, In the upper House read the second time and passed,

On motion ordered the Bill, to amend an Act, Intitled an Act, concerning Marriages, be read the second time, Read the same a second time, amended, passed and ordered to be sent to the Council,

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

Resolved the following Message be sent to the Council Vizt

-------------------- page 397 --------------------

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; and desire to be informed, if your Honors 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 might appear to be the united and joint Address of two branches of the Legislature of this Province.

JOHN HARVEY Sp

Sent by Mr Frohock and Mr Spencer.

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

Sent the same by Mr Sheppard and Mr Mitchel.

On motion ordered the Bill for a further allowance to Sheriffs and Collectors of Taxes, and other purposes be read the third time, read the same a third time, amended, passed and ordered to be sent to the Council,

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

On motion ordered the Bill to prevent the unreasonable destruction of Fish in Neuse River, Tar River &ca be read the third time, read the same the third time, amended, passed and ordered to be sent to the Council

Sent the same by Mr Cray and Mr Palmer

On motion ordered 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, be read the second time, read the same the second time amended passed, and ordered to be sent to the Council

Sent the same by Mr —— and Mr ——

On motion ordered the [Bill to] Revive and continue an Act, Intitled an Act, to establish a ferry from Sollys Point to Relfes Point whereon the Court House now stands on Pasquotank River be read the second time, read the same the second time and rejected

-------------------- page 398 --------------------

On motion ordered the Bill to establish the Vestry of Saint James' Parish in New Hanover County, to confirm their proceedings, and to enable them to pay the minister of the parish and to defray the Contingent charges thereof, be read the second time, read the same the second time and rejected,

Mr Caswell from the Committee appointed to prepare and bring in a Bill for rating the prices of the several commodities therein mentioned, presented the said Bill, which he read in his place, and delivered the same in at the Table, where the same was again read, passed, and ordered to be sent to the Council,

Sent the same to the Council by Mr Benton and Mr Sawyer,

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday November 24th 1766

The House met according to adjournment.

Recd from the Council the 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, Endorsed, November 24th 1766, In the upper House, read the third time and passed,

Ordered to be engrossed, also,

The Bill to amend an Act, Intitled an Act, for regulating the pilotage of Cape Fear River, and other purposes, Endorsed, November 24th 1766, In the upper House read the second time, amended and passed,

On motion ordered the Bill for reviving and re-enacting the several Acts of Assembly relating to the inspection of Tobacco, be read the third time, read the same a third time passed and ordered to be sent to the Council,

Sent the same by Mr Benton and Mr Sawyer.

On motion ordered the Bill for allowing time for the payment of the duties on Wine, and other spirituous liquors, be read the third time, read the same a third time amended passed, and ordered to be sent to the Council

Sent the same by Mr Haywood and Mr Rutherford.

On motion ordered the Bill to lay a tax on Pedlars and other Itinerant Traders coming into this Province, be read the second time. Read the same a second time amended passed and ordered to be sent to the Council.

Sent the same by Mr Haywood and Mr. Rutherford.

-------------------- page 399 --------------------

Recd from the Council the following Bills, Vizt.

The Bill for a further allowance of commissions to Sheriffs and Collectors of Taxes and other purposes,

The 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,

The Bill for reviving and re-enacting the several Acts of Assembly relating to the inspection of Tobacco, Endorsed, November 25th 1766, In the upper House, read the third time and passed,

Ordered to be engrossed.

The Bill for altering the Boundary Lines between the Counties of New Hanover and Duplin, and between Duplin and Johnston Counties; Endorsed, November 25th 1766, In the upper House, read the second time amended and passed.

On motion ordered the Bill to amend an Act Intitled an Act, for regulating the pilotage of Cape Fear River and other purposes, be read the second time. Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent the same by Mr Williams and Mr Cray.

Mr Charles Blount, and Mr Knox moved for leave to absent themselves from the services of the House, the remainder of the Session.

Ordered they have leave accordingly.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

We have taken your Message of the 24th Instant, in consideration, and shall most chearfully join you, in your proposal of addressing his Majesty on the recent and glorious instance of Royal favour, manifested to his faithful Subjects in America, We have appointed the Honorable Lewis DeRosset and Henry Eustace McCulloh Esquires, a Committee of this House, to join your Committee in preparing the said Address.

On motion ordered the Committee appointed to prepare and bring in a Bill for cutting and clearing a road from Rowan, Anson and Mecklenburg Counties; and the several other Counties therein mentioned, the best and nearest way to Wilmington on Cape Fear River be discharged from bringing in the said Bill.

On motion ordered that Mr Waddell, Mr Polk, Mr Frohock, Mr James Moore, and Mr Spencer or a Majority of them be appointed

-------------------- page 400 --------------------
a Committee to view and report the most convenient and nearest way of making a road from Rowan, Anson and Mecklenburg Counties to Wilmington.

Recd from the Council the Bill for rating the species of the several Commodities therein mentioned, and,

The Bill to impower the Church Wardens and Vestrymen of Saint John's 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 Saint Johns, Endorsed November 25th 1766, In the upper House read the first time and passed.

Recd from the Council the following Message Vizt

Mr Speaker and Gentlemen of the House of Assembly,

On reading for the third time the Bill to amend and continue an Act, Intitled an Act, for appointing a Militia; We propose to dele the whole of the Clause, relative to the adjutant General, steted by you on the third reading; if you agree to this amendment, please to send some of your Members to see the same done,

Resolved the following Message be sent to his Majestys Honorable Council, 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 General was on our third reading deled by us; We therefore agree to your proposed amendment, and send Mr John Ashe, and Mr Robert Harris to see the same made,

JOHN HARVEY, Sp.

On motion ordered the Bill to Impower the Church Wardens and Vestrymen of Saint John's Parish in the County of Bute; to appropriate the surplussage money, levied for erecting the public buildings in said County, to use of the said Parish of Saint John's be read the second time, read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Ashe and Mr Harris,

On motion ordered the Bill, for ascertaining the boundary Lines between the Counties of New Hanover and Duplin, and between

-------------------- page 401 --------------------
the Counties of Duplin and Johnston, be read the third time, Read the same a third time, amended passed and ordered to be sent to the Council,

Sent by Mr Ashe and Mr Harris.

On motion ordered the Bill, for rating the prices of the several commodities therein mentioned, be read the second time, Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent by Mr White and Mr Richard Ward

Recd from the Council the Bill to amend and continue an Act, Intitled an Act for appointing a Militia, Endorsed November 25th 1766, In the upper House, read the third time and passed with amendments.

Ordered to be engrossed, also,

The Bill, to amend an Act, Intitled an Act concerning Marriages. Endorsed November 25th 1766, In the upper House read the second time and passed with amendments

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

We observe that in your answer to our Message, of the 20th Instant, on the Treasurers Bill, you have insisted upon your sole right of nomination and thereby continued those difficulties which obstruct the Bills passage: We do not see (however condescending we might wish to be for the sake of any public measure) how we can (circumstanced as we now are) recede from our proposed amendments; as such a procedure 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 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 that may befall the Bill, may be justly imputable to you or to us.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to adjournment

Recd from the Council the Bill, for allowing time for the payment of the duties on wine and other spirituous liquors, also,

-------------------- page 402 --------------------

The Bill for ascertaining the Boundary lines between the Counties of New Hanover and Duplin, &ca Endorsed, November 25th 1766, In the upper House read the third time and passed,

Ordered to be engrossed, and

The Bill to amend an Act, Intitled an Act, for regulating the pilotage of Cape Fear River, and other purposes. Endorsed, November 25th 1766, In the upper House read the third time, amended and passed,

Ordered to be engrossed,

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday, November 26th 1766.

The House met according to adjournment

On motion ordered, the Bill to amend an Act, Intitled, an Act for regulating the pilotage of Cape Fear River, and other purposes, be read the third time, read the same a third time; and then on motion,

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

Gentlemen of His Majestys Honble Council,

On reading the third time, the Bill, to amend an Act, Intitled an Act for regulating the pilotage of Cape Fear River, and other purposes, we observe your Honors have steted the Clauses relative to the duty on tonnage, 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,

Sent by Mr Harnett and Mr Shepard.

On motion, Resolved, the following Message be sent to the Council, Vizt.

Gentlemen of his Majesty's 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 Current, in the Bill for appointing a Treasurer, has proved dissatisfactory; and the more so, as it appears from the import of yesterday's Message, that exception has been taken rather at the mode of expressions in our Answer, than to our non compliance

-------------------- page 403 --------------------
with the proposed amendments. In our answer we endeavoured to adopt the greatest delicacy of expression, and as we conceived, entirely avoided either 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 priviledge, In this view of the matter we can't but flatter ourselves, it will be thought consistent with the wisdom and justice of your House, at this time, to wave an explicit or definite 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 this Province must greatly depend, This House would most cheerfully acquiese with every measure, and comply with every sutible proposal, to remove the difficulties that may obstruct, the passing of the Bill before your Honor's, 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 and amicable measure,

JOHN HARVEY Sp.

Sent the same to the Council by Mr Fanning and Mr Benton.

Recd from the Council the Bill to amend an Act, Intitled an Act, to prevent the exportation of unmerchantable commodities; and,

The Bill to lay a Tax on Pedlars, and other Itinerant Traders coming into this Province, Endorsed, November 26th 1766. In the upper House, read the second time, amended and passed,

On motion ordered the Bill to amend an Act, Intitled, an Act, Concerning Marriages be read the third time, Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent the same to the Council by Mr Fanning and Mr Benton,

Recd from the Council the Bill to impower the Church wardens and Vestrymen of Saint John's Parish in the County of Bute, to appropriate the surplussage money levied for erecting the public buildings in said County, to the use of the said Parish of Saint John's;

-------------------- page 404 --------------------
Endorsed, November 25th 1766, In the upper House, read the second time amended and passed,

Recd from his Excellency the Governor (by Mr Elwin) the following Message

Mr Speaker and Gentlemen of the Assembly

The several letters of correspondence and Indian talks, I now send you, are on the subject of an application Mr Stewart Superintendant of Indian affairs made, to me to run a dividing line between the Western settlements of this Province, and the Cherokee hunting grounds: these will point out to you the line proposed to be run, and the steps I took in Council, relative to Mr Stewart's application, and the expectations of the Indians; The necessity of this expedient is strongly urged by Mr Stewart, and appears necessary to secure the peaceable settlement and tranquility of the Inhabitants in the Western Frontiers, till his Majesty shall obtain a further Grant of Lands, from the Indians: This will also, in all probability, not only be a great means of preventing a rupture with the Indians, but avoid incurring a heavy expence to the public; which might be the consequence of such a rupture. I must therefore Gentlemen, apply to you for a Vote of Credit, for such a sum as you shall think necessary, to supply the expence of running the said Line, and presents to the Cherokee Indians.

I should have communicated this matter sooner to your House, but waited in the daily expectation of an Express from Mr Cameron, Deputy to Mr Stewart who was to send me in word, when the Indians would be on the spot ready to run the dividing line.

I have reason to believe before the next Session of this Assembly, a General Post may be undertaken by the Post Master General of the Southern Districts for the conveyance of Letters through this Province, from Suffolk in Virginia, to Charles Town; therefore for your information, I send you the Rout I proposed to the Post Master General, to be applied in such a manner as I shall find most salutary and convenient for so essential a service.

Wm TRYON.

On motion ordered, that the said Message lie for consideration until tomorrow.

On motion ordered the Bill to lay a tax on Pedlars and other Itinerant Traders coming into this Province, be read the third time,

-------------------- page 405 --------------------
Read the same the third time, amended passed, and ordered to be sent to the Council,

Sent the same to the Council by Mr Fanning and Mr Benton,

Mr Speaker and Gentlemen oe the Assembly.

On reading the third time, the Bill for regulating the duty of a vendue Master, to be appointed for the Town of Wilmington in this Province,

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 commissions allowed by the Bill, as it now stands, are too low, we propose to allow two and a half per cent on all sales not amounting to more than one hundred pounds, 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 to send some of your Members to see these amendments made;

On motion, Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majesty's 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 do agree to the several alterations proposed by your Honors, Except in that part relative to the Commissions; which this House cannot agree to, If this proposal should be agreeable, the Members who carry this Message will see the alterations made.

JOHN HARVEY Sp.

On Motion, ordered the Bill, to impower the Church Wardens and Vestrymen of Saint John's 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 the said Parish of Saint John's be read the third time, Read the same a third time passed, and ordered to be sent to the Council.

Sent the same to the Council by Mr Fanning and Mr Benton,

Then the House adjourned till 9 oClock tomorrow morning.

-------------------- page 406 --------------------

Thursday November 27th 1766

The House met according to adjournment

On motion ordered, the Bill, to amend an Act, Intitled an Act, to prevent the exportation of bad unmerchantable commodities, be read third time, read the same a third time, amended passed and ordered to be sent to the Council.

Sent the same by Mr Williams and Mr Kenan.

Mr Caswell Chairman of the Committee of Claims reported that the Committee had settled and allowed sundry claims; which were read; and there appearing several blanks in the said reports, Resolved the said blanks be filled up; The same were accordingly filled up, and then the House agreed to the said report, Except two claims, one to Robert Howe Esquire Associate Judge of Wilmington District, the other to Montfort Elbeck Associate Judge of Halifax District, which were disallowed by the House,

Recd from the Council the Bill to lay a tax on Pedlars and other Itinerant Traders coming into this Province, and also,

The Bill to impower the Church Wardens and Vestrymen of St John's Parrish in the County of Bute to appropriate the surplusage money levied for erecting the public buildings in said County to the use of the said Parish of St Johns, Endorsed, November 26th 1766, In the upper House, read the third time and passed,

Ordered to be engrossed.

Recd from the Council the following Message 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,

On motion ordered, the said Bill be again read, the said Bill passed, and ordered the same be engrossed.

On motion, ordered the order of the Day be read, read the same; and then Resolved, It be taken in consideration Tomorrow.

Received from the Council the following Messages Vizt,

Mr Speaker and Gentlemen of the Assembly,

On reading the third time, the Bill to prevent the unreasonable destruction of Fish in Neuse River &ca. We observe you have omitted

-------------------- page 407 --------------------
to mention the limit you intended, as to Neuse River: You will please send two of your Members to have it inserted.

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 Clerk 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 to send some of your members to see the same made.

Mr Speaker and Gentlemen of the Assembly,

On reading a third time of the Bill to prevent the Inhabitants of South Carolina driving their stocks of cattle, from thence to range and feed in 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 the 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 and intent, we would propose to dele the above mentioned words, and also these words, preceeding, And be it further enacted by the authority aforesaid, That and consolidate the first and second clause 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 consistant and clear than it at present stands: to which, if you agree please send some of your Members to see the alterations made.

On motion Resolved the following Message be sent to the Council,

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 a 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

-------------------- page 408 --------------------
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 Sp.

Sent the report of the Committee of Claims to his Majesty's Council for their concurrence.

Recd from his Excellency the Governor, the following Message in Writing, and also the papers,

Mr Speaker & Gentlemen of the House of Assembly,

I send you herewith two letters; I received yesterday, the one from the Earl of Halifax, late Secretary of State; the other from the Lords Commissioners of Trade and Plantations relative to a demand of Mr Samuel Wyley, for surveying the Catawba Lands, I am to recommend to your House, in obedience to his Majesty's Commands, that a provision may be made for the discharge of the moity of one thousand pounds, South Carolina currency, Charged by Mr Wyley, for the above mentioned Service.

Wm TRYON,

Mr Ashe moved that the Committee appointed on Saturday the 22nd Instant, to prepare an Address to his Majesty, for leave to emit a paper currency be discharged.

Resolved the said Committee be discharged accordingly.

Mr Fanning from the Committee appointed to prepare an Address to his Majesty on the repeal of the Stamp Act, reported, that the Committee, had prepared the said Address, which he presented to the House, and read the same,

Resolved the same stand the Address of this House, and entered on the Journal thereof; and is a follows, Vizt

To the Kings most Excellent Majesty.

The Humble Address of the Council and Assembly of North Car-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 with all humility to approach your Throne, with our warmest wishes, for the safety and prosperity of your Royal Person, Family and Government,

-------------------- page 409 --------------------

The very considerable part your Majesty's faithful Subjects in America have bourne in the late Transactions, make 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 truth, to assure your Majesty, that in the 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 the 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 these recent instances of your Majesty's 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 Majesty's most dutiful and loyal Subjects the Council and Assembly of this Province.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to adjournment.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

On reading the third time the Bill to amend an Act, Intitled an

-------------------- page 410 --------------------
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 your House agree please to send some of your members to see the same done.

Recd from the Council 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, Endorsed, November 27, 1766, In the upper House, read the second time amended and passed.

On motion ordered the following Message be sent to the Council, 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 Shepard two of the Members of this House, to see the clauses you mention, deled.

JOHN HARVEY Sp.

Recd from the Council the Bill, for appointing a public Treasurer in the room of John Starkey Esquire deceased, Endorsed, November 27th 1766 In the upper House read the third time and passed,

Ordered to be engrossed.

Also the following Bills Vizt.

The Bill to prevent the unreasonable destruction of Fish in Neuse River, Tar River, Fishing Creek, Rockey River, the South fork of the Catawba River, the South fork of the Yadkin River, and Contentney Creek,

The Bill for appointing a Printer to this Province, 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 other purposes, Endorsed, November 27th 1766, In the upper House, read the third time and passed with amendments,

Ordered to be engrossed,

On motion ordered the Bill to amend an Act, Intitled an Act, for rendering more effectual the Law making Lands and other real

-------------------- page 411 --------------------
estates, liable to the payment of debts, be read the third time, read the same third time, amended, passed and ordered to be sent to the Council.

Sent the same by Mr Harris and Mr Mitchell.

Received from the Council the following Message, Vizt

Mr Speaker and Gentlemen of the Assembly,

On reading the 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 of 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 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.

Recd from the Council the Bill to amend an Act, Intitled an Act to prevent the exportation of unmerchantable commodities, Endorsed, November 27th 1766, In the upper House read the third time and passed with amendments,

Ordered to be engrossed.

Then the House adjourned till 9 oClock tomorrow morning.


Friday November 28th 1766.

The House met according to adjournment

Mr Harnett, Chairman of the Committee of Accounts, Reported, that the said Committee had settled and allowed sundry Accounts; which he laid before the House, and to which the House agreed, and ordered the same be sent to the Council for concurrence.

Sent the same to the Council for concurrence by Mr Pugh and Mr Dawson.

On motion Resolved, the following Message be sent to the Council Vizt,

-------------------- page 412 --------------------

Gentlemen of His Majesty's 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 Honors, that it was the sense of this House, on reading the Bill, the following words, or any of the dissenting Clergy, as deled in your House should remain so, and this House for the clearer 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 by License, in such manner as directed by this Act; and with these alterations, hope your Honors 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 Sp.

Sent by Mr Fanning and Mr Robert Howe.

Ordered the following Message be sent to the Council Vizt.

Gentlemen of His Majesty's 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 send it to you for your Honors' Concurrence; that it may appear to be received as the joint address of both Houses.

JOHN HARVEY Sp.

The order of the Day being read, the House took into consideration the several papers sent by his Excellency the Governor, relating to the Line to be run between this and the back Lands, claimed by the Cherokee Indians; and also a sum necessary to be given, to enable the Post Master General, to carry on a post from Suffolk in Virginia, to the boundary House between this Province and South Carolina.

Resolved, that His Excellency the Governor be impowered to appoint three Persons commissioners to run the dividing Line between the Cherokee Indians, and the Western Frontier of this Province That His Excellency be also impowered, to draw on the Treasurers of this Province for a sum not exceeding one hundred

-------------------- page 413 --------------------
pounds proclamation money; by them to be paid out of the Contingent Fund; and pay the same to the commissioners by them to be appointed aforesaid, to enable them to run the said Line; and that the said Commissioners lay an Account of their disbursements before this House, at the next Session, for Consideration,

Resolved, that after the Post Master General shall have Established a post, agreeable to the Rout following; that is to say

From Suffolk in Virginia, to the Boundary House of North and South Carolina

On the Sea Coast,
Miles
From Suffolk to Cotton's Ferry on Chowan River
35
To Appletree Ferry on the Roanoke
30
To Salter's on Tar or Pamplico
35
To Kemp's Ferry on Neuse River
28
To New Bern
10
To Trent Bridge
13
To Warburton's
13
To Sneads, on New River Ferry
26
To Sage's
13
To Collier's
14
To Wilmington
15
To Brunswick
15
Brunswick Ferry
2
To Bells
20
To the Boundary House
23
Total
292 Miles.

His Excellency be impowered to draw on the said Treasurers for a sum, not exceeding one hundred and thirty pounds six shillings and eight pence proclamation money, out of the contingent fund, to enable the Post Master General, to carry on agreeable to the Rout above mentioned.

Resolved, that His Excellency be impowered to draw on the Treasurers of this Province, and by them to be paid, out of the Contingent fund a sum not exceeding one hundred and seventy five pounds proclamation money to be paid to the commissioners to be appointed by his Excellency, to run the Line between the Western Frontier of this Province and the Cherokee Indians in behalf of this Province.

-------------------- page 414 --------------------

Resolved that his Excellency's Message, relative to an allowance to Mr Wyley, for surveying the Catawba Lands &ca lie over till the next Session of Assembly for consideration.

Recd from the Council the following Bills, Vizt.

The Bill to amend an Act, Intitled an Act, concerning Marriages,

The Bill to amend an Act, Intitled an Act, for rendering more effectual the Laws making Lands and other real estates &ca Endorsed, November 28th 1766, In the upper House read the third time, and passed with amendments,

Ordered to be engrossed.

Then the House adjourned till 9 oClock tomorrow morning.


Saturday November 29th 1766

The House met according to adjournment

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

To His Excellency William Tryon, Esquire, his Majestys Captain, General, Governor and Commander in Chief, in and over his Majestys Province of North Carolina. 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 his 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 in your answer to the Assembly's Address, at the opening of this 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 Majesty's faithful Subjects of this Province will be safely and speedily laid before the royal presence,

JOHN RUTHERFORD, P.
JOHN HARVEY, Sp.

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

-------------------- page 415 --------------------
To His Excellency William Tryon Esquire Captain General Governor and Commander in Chief, in and over his Majesty's Province of North Carolina, Sir.

This House having taken under consideration your Excellency's Message of the 26th Instant; as also the several Letters and Indian Talks, that accompanied it, from all which, this House readily discover the expediency and apparent necessity of having a dividing line run, between the Western settlements of this Province, and the Cherokee Hunting Grounds,

The many and great advantages that the Public may probably reap, from making the Indians the small gratuity of one hundred and seventy five pounds proclamation money, are so obvious, that this House is easily induced to give your Excellency a Grant of that sum,

This House being perfect strangers to the difficulty and expence that will attend the running of the dividing line, find ourselves entirely at a loss to fix upon a sum that should be found adequate to such an understanding; (thus circumstanced as we are) have, as the only apparent expedient that can be adopted, given your Excellency a vote of Credit for a sum not exceeding one hundred pounds proclamation money, towards defraying the expences of such Commissioners as your Excellency shall appoint, not exceeding three; who shall be subject to your Excellency's Instructions in running the aforesaid dividing line; and shall return to this House and lay before them an account of their necessary charges and disbursements, to be allowed as a claim on the Public.

The Rout proposed by your Excellency for the post, when undertaken by the Post Master General, is highly approved of by this House; and for encouraging so beneficial an undertaking, have Resolved, that your Excellency's draught on the Treasurers of either District, shall be honored as far as one hundred and thirty three pounds six shillings and eight pence proclamation money, for that Service.

JOHN HARVEY, Sp.

Sent by Mr Person and Mr Dawson.

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

-------------------- page 416 --------------------

To His Excellency William Tryon, Esquire, Captain General, Governor, and Commander in Chief, in and over his Majesty's Province of North Carolina,

Sir,

Your Excellency's Message of the 27th current, in relation to Mr Wyley's Claim for running out the Catawba's Lands, has been taken under consideration; and we shall readily and chearfully comply with what is required by the Earl of Halifax's Letter, and the Letter from the Lords Commissioners for Trade and Plantations to your Excellency, as soon as this House can form a just estimate of what he merits; but hope your Excellency will approve postponing the allowing of any certain claim till this House can inform themselves of the Nature and Worth of his Service.

JOHN HARVEY Sp.

Sent by Mr Person and Mr Dawson.

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

Ordered he have leave accordingly

Then the House Adjourned till 4 oClock in the afternoon,

P. M. The House met according to adjournment.

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

To His Excellency William Tryon, Esquire, Captain General, Governor, and Commander in Chief, in and over His Majesty's Province of North Carolina,

Sir,

Your Excellency's Message of the 17th current in favour of the unhappy sufferers at Montreal, has long remained unanswered; This House being reluctant to refuse, and unable to comply with [what] your Excellency most humanely and compassionately recommends, Such a rare and uncommon instance of heavy distress has not failed to rouse and excite our warmest commiseration and pity, and were we at liberty to follow the strong impulses of our inclination, we should contribute largely and handsomely to their assistance and relief, but sorry we are to say it Sir, yet it is a truth, a melancholy truth, that it appears by this days report of the Committee of Accounts, that such is the low state of our public funds; and such

-------------------- page 417 --------------------
we know is the extreme poverty of this Province, and the great scarcity both of specie and currency circulating among us that, whatever may be the private sentiments of the feelings of our own hearts as Individuals, yet in our own public capacity as Representatives of the people we are obliged to close the hand of Charity, and withhold that assistance and relief, which we could wish to be able to afford. As this excuse, may it please your Excellency, for withholding our Charitable donations, is but too just and too true, we would fain hope that we shall excape the odious imputation of an obdurate insensibility for unfortunate distressed poverty

JOHN HARVEY Sp.

Recd from the Council the following Message 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 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 Majesty's Printer be allowed the sum of one hundred pounds; and James Davis 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 you, 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 the dignity of both Houses.

Then the House adjourned 'till 10 oClock Monday Morning


Monday December 1st 1766.

The House met according to Adjournment

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

-------------------- page 418 --------------------

Gentlemen of his Majesty's 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' 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 of 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 claim, 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 anything 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 us pain to offer any thing that should be 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.

JOHN HARVEY Sp.

Sent by Colo Caswell & Mr Jacob Blount.

Mr Caswell and Mr Blount who waited on the Council with the above Message, and being returned, acquainted the House, that the Council could not agree to the said Message.

Recd from the Council the reports of the Committee of Accounts, Endorsed December 1st 1766, Concurred with,

And the report of the Committee of Claims, Endorsed, December 1st 1766, In the upper House, Concurred with, except the claim of James Davis for £190, which they rejected,

Resolved the following Message be sent to His Excellency the Governor Vizt.

-------------------- page 419 --------------------

To His Excellency William Tryon Esquire, Captain General, Governor and Commander in Chief, in and over his Majesty's Province of North Carolina,

Sir,

This House have Resolved that James Davis Printer be allowed the sum of one hundred and ninety pounds proc. money, for Printing the Journals, and the several Laws passed at Wilmington in the year 1764, and last Session at New Bern in 1765; and also the sum of ten pounds to William Godfrey who carried the said Laws from Wilmington to New Bern and delivered them to the said Davis, and desire your Honors concurrence therewith,

JOHN HARVEY Sp.

Sent the same by Mr Howe and Mr Harnett

Sent the Estimate and Allowance of this House to the Council.

Then the House adjourned 'till 4 oClock in the afternoon.

P. M. The House met according to adjournment.

Recd from the Council the Estimate of that House for Concurrence,

Resolved, the said estimate be concurred with, except the allowance of one hundred pounds to John Burgwin Clerk for his extra services; to which the House cannot agree; as we think that sum much too large for the service.

JOHN HARVEY Sp.

Mr Ashe and Mr Person waited on His Excellency the Governor, and acquainted him the House desire to know when they shall wait on him with the Engrossed Bills, for his assent, being returned, acquainted the House that His Excellency would receive them immediately.

Mr Burgwin brought a verbal Message from his Excellency the Governor requiring the immediate attendance thereof, in the Council Chamber with the Engrossed Bills.

Mr Speaker with the House, waited on his Excellency in the Council Chamber with the following Bills, to wit,

The Bill for appointing a Public Treasurer in the room of John Starkey Esquire,

The Bill, for relief of such persons who have not registered their Deeds &ca

The Bill for further continuing an Act for the restraint of Vagrants.

-------------------- page 420 --------------------

The Bill for continuing an Act to suppress excessive and deceitful gaming.

The Bill for erecting and building a Court House, prison and stocks in Bath Town.

The Bill for confirming a Lease made by the Tuscarora Indians, to Robert Jones and others.

The Bill for appointing the method of distributing Intestates Estates,

The Bill for erecting a Court House and Prison, for the District of Edenton.

The 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.

The 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.

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

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

The 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

The Bill to amend and continue an Act, Intitled an Act, for appointing a Militia

The Bill for allowing time for the payment of the duties on Wines and other spiritous liquors.

The Bill for ascertaining the Boundary Line between the Counties of New Hanover and Duplin &ca.

The Bill to amend an Act, Intitled an Act, for establishing the Titles of the Freeholders in Edenton, for laying a tax begun in the said Town, and the further Improvement and better regulation thereof.

The Bill to establish a school House in the Town of New Bern,

The Bill to amend an Act, Intitled an Act concerning Marriages,

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,

The Bill for appointing a Printer to this Province,

-------------------- page 421 --------------------

The Bill to amend an Act, Intitled an Act, to prevent the exportation of unmerchantable commodities.

The 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.

The Bill to lay a tax on Pedlars and other Itinerant Traders coming into this Province,

The Bill to impower the Church Wardens and Vestrymen of Saint John's Parish in the County of Bute, to appropriate the surplussage money levied for erecting the public Building in said County, to the use of said Parish of Saint John.

The Bill to prevent the unreasonable destruction of Fish in Neuse River, Tar River, Fishing Creek, Rocky River, &ca.

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

The Bill for reviving and re-enacting the several Acts of Assembly, relating to the Inspection of Tobacco.

The Bill for a further allowance of commissions to Sheriffs and Collectors of Taxes, and other purposes.

The 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.

To which His Excellency was pleased to Assent, Except the Bill for allowing time for the payment of the duty on Wines and Spiritous Liquors, and then made the following Speech, 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 happy establishing of this Government, both by the Public and private Acts now passed

The generous and Honorable attention you have paid to the several matters I have laid before you, Claim equal returns of my acknowledgments; 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,

-------------------- page 422 --------------------
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 dependency on the Crown, and the just Liberties of the subject may be preserved on so equal a Ballance, as to give strength and power to the Throne, and secure happiness and true liberty to the people.

Then the House returned, and Mr Speaker reported the House had waited on his Excellency the Governor with the above mentioned Bills, and that His Excellency had assented to them all (Except the Bill for allowing time for the payments of all the duties on Wine and other spiritous Liquors).

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday December 2nd 1766

The House met according to adjournment.

The Sergeant at Arms, to whom Mr Speakers warrant was directed, to bring Capt Jeremiah Morgan Commander of his Majesty's Sloop Hornett, returned the same in these Words, to wit:

In obedience to the within Warrant, to me directed, I have made diligent search for the within named Captain Morgan, who is not to be found by—

RICHARD BLACKLEDGE, Sergeant at Arms.

Resolved that James Davis, Printer, be paid the sum of one hundred and ninety pounds, by the Treasurers, out of the Contingent Tax for services heretofore done by him, for the Public.

Resolved the above Resolve be sent to the Council for concurrence, as follows

In the Assembly.

Resolved that James Davis, Printer, be paid the sum of one hundred and ninety pounds, by the Treasurers, out of the contingent Fund, for Services heretofore done by him, for the Public; and desire your Honors Concurrence.

JOHN HARVEY, Sp.

Sent by Mr Person and Col Cogdell,

-------------------- page 423 --------------------

Recd from the Council the above Resolve, Endorsed December 2nd 1766, Concurred with.

JOHN RUTHERFORD P.

Recd from the Council the following Message, Vizt.

Mr Speaker and Gentlemen of the Assembly,

It is with great surprise, we observe your House have refused to concur with this House in the allowance to our Clerk of his extra services this 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, to which, if you agree, please to make a Resolve accordingly.

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

Gentlemen of His Majesty's Honble Council,

In answer to your Message of this Day, relative to our non concurrence with Mr Burgwin's 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 Sp.

Sent by Mr Cogdell and Mr Harris.

Then the House adjourned till 10 oClock tomorrow morning

Then His Excellency was pleased, by Proclamation to Prorogue this Assembly—