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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
January 01, 1768 - January 15, 1768
Volume 07, Pages 595-624

-------------------- page 595 --------------------
LEGISLATIVE JOURNALS.—Continued.

In the Upper House.

Friday Morning 1st Jany 1768.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Kenan and Mr Walsh the following Bills Vizt.

A Bill directing the appointing Jurymen in all causes criminal and civil, On motion read the second time amended and passed.

A Bill for the further amending an Act Intitled an Act to prevent the exportation of unmerchantable commodities, On motion the said Bill was read the second time and rejected

Received from the Assembly by Mr Hardy and Mr Blount the following Bills Vizt

A Bill for establishing a Town on the land of William Gray on Cashey River in Bertie County,

A Bill for establishing the Vestry elected for the Parish of St Stephen in Johnston County

Received from the Assembly the following Bills Vizt

A Bill to appoint a public Treasurer of the Northern District and other purposes

An additional Bill to an Act for erecting a convenient building within the Town of New Bern for the residence of the Governor or Commander in Chief for the time being

A Bill for establishing public ware houses in the Towns of Halifax and Campbelton and for the inspection of hemp and flax.

A Bill to amend and continue an Act Intitled an Act for rendering more effectual the several Laws making lands and other real estates liable for the payment of debts.

A Bill for vesting certain lots in the Town of New Bern in His Excellency the Governor and his successors.

A Bill for appointing Sheriffs and directing their duty in office

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 596 --------------------

Saturday Morning 2d Jany 1768

The House met according to adjournment.

Present as before

Received from the Assembly the Bills following Vizt.

A Bill for appointing a vestry in the Parish of St Thomas in the said County of Beaufort. On motion read the first time and passed.

A Bill for laying out a public road from the frontiers of this Province through the Counties of Mecklenburgh, Rowan, Anson and Bladen to Wilmington and Brunswick

A Bill to amend an Act Intitled an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort,

Received from the Assembly by Mr Campbell and Mr Simpson the following Bills Vizt

A Bill for defraying the Contingent charges of Government, On motion read the first time and passed.

A Bill for rating gold and silver coin and making it a tender in all payments

A Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England. On motion read the first time and passed.

On motion the Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington, was read the second time amended and passed, and

The Bill for appointing Sheriffs and directing their duty in Office read the first time and passed

The Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province was read the second time amended and passed,

Then the House adjourned till Monday Morning 10 oClock


Monday Morning 4th Jany 1768

The House met according to adjournment

Present as before

On motion the additional Bill to an Act 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—was ordered to be read, the said Bill was accordingly read the third time and passed, Ordered to be engrossed.

Received from the Assembly by Mr Jas. Moore and Mr Williams A Bill to amend an Act Intitled an Act to encourage persons

-------------------- page 597 --------------------
to settle in the Town of Brunswick on the South West side of Cape Fear River, On motion read the first time and passed

Received from the Assembly a Bill directing the appointing Jurymen in all causes criminal and civil.

On motion the Bill to appoint a public Treasurer of the Northern District and other purposes was read a third time and ordered that the following Message be sent to the Assembly Vizt.

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to appoint a public Treasurer of the Northern district and other purposes, We observe that you have deled the clause impowering the Governor for the time being to appoint a public Treasurer in case of the death or removal of either of the Treasurers by Act appointed, which We propose to have inserted in the said Bill in the following words Vizt. And be it further enacted by the authority aforesaid that in case of the death or departure out of this Province of the said Treasurer, or either of them thereby appointed, it shall and may be lawful for the Governor or commander in chief for the time being, with the advice of His Majestys Council, to appoint and constitute any other person or persons in his or their place or stead to execute the said Office until the next Session of Assembly, such person appointed giving bond and security as is hereinbefore directed—to which if your House agree please send some of your Members to see the said clause inserted in the said Bill.


4th Dec 1767. In the upper House.
By order
J. B. Clk.

On motion ordered that the following Bills be read, Vizt

A Bill to amend an Act Intitled an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort. Read the third time and passed.

Ordered to be engrossed.

A Bill for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburgh, Rowan, Anson and Bladen to Wilmington and Brunswick, Read the first time and passed

A Bill for establishing a Town on the land of William Gray on Cashey River in Bertie County, Read the first time and passed.

-------------------- page 598 --------------------

A Bill to amend an Act Intitled an Act for establishing a Town on the lands of John and William Russell minors, sons of John Russell deceased &c. Read the first time and passed.

A Bill for establishing public warehouses in the Towns of Halifax and Campbelton and for the inspection of hemp and flax. Read the third time and passed. Ordered to be engrossed.

On motion the Bill for establishing a school house in the Town of Edenton was read a third time and Ordered that the following Message be sent to the Assembly

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for establishing a school house in the Town of Edenton, We observe that you have deled the following clause vizt, “Provided also 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.” Which clause we propose steting. If you agree thereto please send some of your members to see the same done, otherwise we cannot agree to pass the Bill.


In the Upper House. 4th Jany 1768.
By order
J. B. Clk.

Received from the Assembly the following Bills by Mr Montford and Mr Shepard,

A Bill to continue the Acts therein mentioned, read the first time and passed.

A Bill to lay a Tax on the inhabitants of the several Counties within the District of Wilmington Superior Court to build a new gaol and gaoler's house, in the Town of Wilmington and other purposes, On motion read the first time and passed.

A Bill to amend the several Acts for regulating the Town of New Bern and for other purposes therein mentioned, On motion read the first time and passed,

A Bill to prevent desertion of seamen in his Majestys service, On motion read the first time and passed,

A Bill to repeal part of an Act Intitled an Act for encouraging the culture of hemp and flax and other purposes read the first time and passed.

-------------------- page 599 --------------------

On motion the following Bills were ordered to be read Vizt

A Bill for establishing a vestry elected for the Parish of St. Stephen in Johnston County, read the second time and passed.

A Bill for dividing the County of Mecklenburgh and other purposes read the first time and passed,

Received from the Assembly by Mr Harris and Mr Jones the following Message Vizt

Gentlemen of His Majestys Honble Council

In answer to your Message of this day relative to the amendments you propose to the Bill to appoint a public Treasurer of the Northern District and other purposes, We must inform your Honours this House cannot agree thereto, and desire your Honours will be pleased to pass that Bill as sent you from this House on our third reading thereof.

JOHN HARVEY Speaker
By order
Wm Herritage Clk.

4th Jany 1768

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 10 oClock 5th Jany 1768

The House met according to adjournment

Present as before

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

A Bill for establishing a Town on the Land of Wm Gray on Cashey River in Bertie County, On motion read the second time and passed.

A Bill for preventing the frequent abuses in taking up and secreting of stray horses, in the Counties of ——, On motion read the first time and passed.

A Bill concerning idle and dissolute persons, On motion read the first time and passed.

A Bill for establishing the vestry elected for the parish of St Stephen in Johnston County. On motion read the third time and passed.

Ordered to be engrossed.

A Bill for regulating ordinarys and restraint of tipling houses, On motion read the first time and passed,

A Bill for granting to his Majesty a duty upon the tonage of ships and other vessels coming into this Province for the purposes therein mentioned, On motion read the first time and passed,

-------------------- page 600 --------------------

Received from the Assembly by Mr Rutherford and Mr Bartram the following Message Vizt.

Gentlemen of His Majestys Honble Council.

In answer to your Message of this day relative to the Bill establishing a school house in the town of Edenton wherein you observe that this House have deled the clause wherein the qualification of a master to be appointed for that school on the recommendation therein mentioned, and propose this House should agree the said clause be steted, to which we cannot agree and hope your Honours will pass that Bill as sent from this House on our last reading the same.

JNO. HARVEY Speaker
By order
Wm. Heritage Clk.

4th January 1768

Then the said Bill was put and rejected

Received from the Assembly by Mr Hardy and Mr Walsh the following Bills Vizt

A Bill for vacating the Title of certain persons to three hundred Acres of land situate on the lower part of Cape Fear and adjoining Fort Johnston and for revesting the same in the Crown for His Majestys service and the benefit of said Fort and garrison. On motion read the first time and passed

A Bill to place the roads under the management of Commissioners in the several Counties therein mentioned. On motion read the first time and passed.

A Bill to repeal part of an Act for rendering more effectual the Laws making lands and other real estates liable to the payment of debts. On motion read the first time and passed.

A Bill for dividing the County of Mecklenburgh and other purposes read the second time and rejected,

A Bill for appointing an Inspector for the Great Island opposite Wilmington. On motion read the first time and passed.

A Bill for establishing a Town in Mecklenburgh County, On motion read the first time and passed.

A Bill for laying out a Public road from the Frontiers of this Province through the Counties of Mecklenburgh, Rowan, Anson, and Bladen to Wilmington and Brunswick. On motion read the second time and passed with amendments.

-------------------- page 601 --------------------

A Bill to amend an Act Intitled an Act for establishing a Town on the land of John and William Russell sons of John Russell deceased. On motion, read the second time amended and passed.

A Bill for laying a Tax on the inhabitants of St James Parish in New Hanover County to finish the Parish Church in the Town of Wilmington and for praying the Minister of the said Parish for the year 1766. Read the first time and passed.

Received from the Assembly by Mr Polk and Mr Spier the following Bills Vizt

A Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington.

A Bill to amend an Act Intitled an Act to encourage persons to settle in the Town of Brunswick on the South West side of Cape Fear River. On motion read the second time and passed.

A Bill to repeal part of an Act Intitled an Act encouraging the culture of hemp and flax and other purposes, On motion read the second time and passed.

A Bill to continue the Acts therein mentioned, On motion read the second time amended and passed

On motion the Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington was read and the following Message sent to the Assembly Vizt.

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for regulating the Town of Wilmington, We propose that two of the wells be sunk in the Town in the Bill mentioned be done within twelve months and the pumps therein promptly fixed, And that the Act shall continue in force for and during twelve months from and after the passing thereof and no longer If you agree to these amendments please send some of your Members to see them inserted in the said Bill otherwise we cannot agree to pass the Bill.

By order
JNO. BURGWIN Clk.

Jany 5th 1768

On motion the Bill for vesting certain lots in the Town of New Bern in His Excellency the Governor and His successors read the second time amended and passed.

-------------------- page 602 --------------------

On motion the Bill to appoint a Public Treasurer of the Northern District and other purposes was again read the third time and passed, Ordered to be engrossed,

On motion the following Message was sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill for destroying crows and squirrels in the several Counties therein mentioned, We propose that the following Proviso be inserted in the Bill Vizt.

Provided always that no taxables constant residents in any of the Towns in the Counties in the Bill mentioned shall be included in this Act, If you agree thereto please send some of your Members to see the same inserted in the Bill


5th Jany 1768.
By order
J. B. Clk.

On motion the Bill for rating gold and silver coin and making it a tender in all payments, read the second time and passed,

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 6th January 1768.

The House met according to adjournment

Present as before

Received from the Assembly the following Message Vizt

Gentlemen of His Majestys Honble Council.

In answer to your message of this day regarding the provisional clause you propose to the Bill for destroying crows and squirrels this House agree to the insertion thereof in the said Bill and send Mr Blount and Mr Caswell to see the same inserted.

JNO. HARVEY Speaker
By order
Wm Heritage.

5th Jany 1768.

Then the proviso above mentioned was inserted in the presence of the members sent for that purpose, and on motion was again read and passed the third time. Ordered to be engrossed.

Received from the Assembly a Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

Received from the Assembly the following message Vizt.

-------------------- page 603 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your message of the 5th instant wherein you propose that two of the wells to be sunk in the Town of Wilmington be done within twelve months and the pumps therein properly fixed, and also that the said Bill shall continue in force for and during twelve months after the passing thereof and no longer, This House do agree to have the same inserted in that Bill and send herewith Mr Ashe and Mr Waddell, two of the members of this House to see the same done accordingly.

JNO. HARVEY Speaker
By order
Wm Herritage Clk.

6th Jany 1768

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

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

A Bill for vacating the title of certain persons to three hundred acres of land situate on the lower part of Cape Fear and adjoining Fort Johnston and for revesting the same in the Crown for His Majestys service and the benefit of said Fort and Garrison. Read the second time and passed

A Bill concerning idle and disolute persons.

A Bill for defraying the contingent charges of government, On motion read the second time and passed.

A Bill to repeal part of an Act Intitled an Act for encouraging the culture of hemp and other purposes,

A Bill for establishing a Town on the Lands of William Gray on Cashy River in Bertie County.

A Bill to continue the Acts therein mentioned, Read the third time and passed. Ordered to be engrossed.

A Bill for establishing a Town in Mecklenburgh County, Read the second time and passed,

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

A Bill to amend an Act Intitled an Act to encourage persons to settle in the Town of Brunswick on the South West side of Cape Fear River

-------------------- page 604 --------------------

A Bill to amend an Act Intitled an Act for establishing a Town on the lands of John and William Russell minors sons of John Russell deceased on the West side of the North West branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton and other purposes.

Received from the Assembly by Mr Blount and Mr Branch the following Bills Vizt

A Bill to amend the several Acts for regulating the Town of New Bern and for other purposes therein mentioned, On motion read the second time and passed,

A Bill for appointing an inspector for the great Island opposite Wilmington, On motion read the second time and passed.

A Bill for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburgh, Rowan, Anson and Bladen to Wilmington and Brunswick.

A Bill for preventing the frequent abuses in taking up and secreting horses in the counties herein mentioned,

A Bill for vesting certain lots in the Town of New Bern in His Excellency the Governor and his successors

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 7th Jany 1768.

The House met according to adjournment

Present as before.

Received from the Assembly by Mr Campbell and Mr Williams Vizt.

A Bill for granting to His Majesty a duty upon the tonage of ships and other vessels coming into this Province for the purposes therein mentioned

A Bill for regulating ordinarys and restraint of Tipling houses

A Bill to place the roads under the management of Commissioners in the several counties therein mentioned

A Bill for appointing Sheriffs and directing their duty in office

On motion the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein, was read a third time and ordered that the following Message be sent to the Assembly Vizt

-------------------- page 605 --------------------

Mr Speaker and Gentlemen of the Assembly

On reading a third time the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts &ca We propose the following amendments, Vizt

In page 12, Sec 10, That the Tax on Actions in the Superior Court be 7.6 instead of 5,

In page 14 Sec 20, That twenty pounds be allowed the Atty General instead of twelve pounds,

Thatt the Chancery clause Sec. 43, page 27, be altogether expunged as foreign to the Bill.

And in order to make the times of holding the several Superior Courts more convenient, We propose the said Courts be held as follows Vizt.

For the District of Salisbury on 5th day March & Sep.
Hillsborough 22nd March and September
Halifax 8th April and October
Edenton 25th April and October
New Bern 11th May and November
Wilmington 27th May and November

In page 34 Sec. 54, It is declared that persons of mixed blood to the 3d generation exclusive are incapable in Law to be witness; We propose to dele the words third and exclusive and that it be made persons of mixed blood to the 4th generation

In page 39 and 40 Sec. 63 and 64 We propose that the Commissions of Oyer and Terminer be directed to the Chief Justice and his Associates, or either of them; and that the Chief Justice and his Associates or either of them on receiving such commissions order the Clerks to issue Venire facias accordingly.

We also propose that the annexed clause be inserted in the said Bill, And in order to make the continuance of this Act consonant with several other Bills now under consideration. We propose that it continue in force the time mentioned in the Bills and from the passing thereof to the end of the next Session of Assembly and no longer

If your house agree to these amendments please send some of your Members to see them inserted in the Bill

By Order
J. BURGWIN Clk.

7th Jany 1768.
-------------------- page 606 --------------------

And on motion the following Message was ordered to be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

We observe in a recital of the inconveniences arising by the ambiguity of the present fee Bill you have inserted for remedy whereof; the word remedy, We propose should be deled and the word explanation inserted in its stead.

We further propose that the days of holding the several Inferior Courts in the Counties following be allowed and stand as under Vizt.

For Hyde County on the first Tuesday in April, July, October and Jany.

Beaufort County 2d Tuesday April, July, October and Jany.

Tyrril County 2d Tuesday, Feby, May, August and December.

And we likewise propose that at the trial of any Clerk for misbehaviour in Office at any Inferior Court there shall be present in Court at least five Justices on the said trial.

If you agree to these amendments please send some of your Members to see them made in the said Bill

By order
J. BURGWIN Clk.

7th Jany 1768.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 8th Jany 1768

The House met according to adjournment

Present as before.

On motion the following Bills were ordered to be read vizt

A Bill for preventing the frequent abuses in taking up and secreting of stray horses in the Counties therein mentioned, Read the second time amended and passed,

A Bill to place the roads under the management of Courts in the several Counties therein mentioned, Read the second time and passed.

A Bill for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburgh, Rowan, Anson

-------------------- page 607 --------------------
and Bladen to Wilmington and Brunswick, Read the third time and passed Ordered to be engrossed.

A Bill to repeal part of an Act Intitled an Act for encouraging the culture of hemp and flax and other purposes, Read the third time and rejected.

A Bill for establishing a Town on the Land of William Gray on Cashy River in Bertie County, Read the third time and passed Ordered to be engrosssed.

A Bill for vesting certain lots in the Town of New Bern in his Excellency the Governor and his successors, Read the third time and ordered that the following Message be sent to the Assembly Vizt,

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for vesting certain lots in the Town of New Bern in His Excellency the Governor and his successors, We propose that, that part of the Bill from the word therein, in the first line in the sixth page to the word And in the seventeenth line in the same page be deled, and instead thereof the annexed clause be inserted

If your House agree to this amendment please send some of your Members to see the same inserted in the Bill.

A Bill for granting to His Majesty a duty upon the tonage of ships and other vessells coming into this Province for the purposes therein mentioned, Read the second time amended and passed.

Received from the Assembly the following Bills

A Bill for defraying the contingent charges of Government, on motion read the third time and passed. Ordered to be engrossed.

A Bill for appointing an inspector for the great Island (opposite Wilmington) in Brunswick County, Read the third time and passed, Ordered to be engrossed,

Received from the Assembly the following Message Vizt

Gentlemen of his Majestys Honble Council

In answer to your Message relating to the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein.

This House agree that the Chancery clause be expunged,

-------------------- page 608 --------------------

That the times of holding the Superior Courts be altered as by your Message proposed,

That the Section respecting Witnesses of mixed blood be also altered as by you proposed and that the commissions of Oyer and Terminer shall be directed to the Chief Justice and his Associates or either of them and that the Chief Justice and his associates or either of them on receiving such commissions order the Clerks to issue Venire facias accordingly

This House also agrees that the clause annexed to said Message be inserted in said Bill; and that the said Bill continue in force during the time mentioned in said Bill and from thence to the end of the next Session of Assembly and no longer,

But this House cannot agree that twenty pounds be allowed the Atty General but will agree that sixteen pounds be allowed instead of twelve pounds,

And this House cannot agree that the Tax in Sec. 10 of said Bill be 7.6 instead of 5 and hope you will pass the Bill without such amendments, which if you agree please to signify the same to this House, that some of the members may attend to see the other amendments made

JOHN HARVEY Speaker
By order
Wm. Herritage Clk

8th Jany 1768

On motion the following Bills were ordered to be read,

A Bill for appointing Sheriffs and directing their duty in Office, read the second time amended and passed.

A Bill to amend an Act Intitled an Act to encourage persons to settle in the Town of Brunswick &ca, read the third time and passed. Ordered to be engrossed,

A Bill for regulating ordinarys and restraint of tipling Houses, read the second time and passed.

Received from the Assembly the following Message

Gentlemen of His Majestys Honble Council,

In answer to your Message concerning the Bill to amend and continue the several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Inferior Courts in this Province,

This House agree that the several amendments you propose be inserted in said Bill and as by one of the amendments agreed to be inserted in the Bill for dividing this Province into six several

-------------------- page 609 --------------------
Districts for establishing a Superior Court of Justice in each of the said Districts &ca makes it necessary to alter the days for holding several of the Inferior Courts, this House would therefore propose that the Inferior Court for the County of Mecklenburgh do hold on the 2d Tuesday in Jany, April, July and October, Rowan 3d Tuesday in Jany, April July and October, Orange 4th Tuesday in January, April July and October That Granville be held on the first, Bute the 2d Halifax 3d and Edgecomb the 4th Tuesdays in Feby, May, August and November, and Northampton the first Tuesday in March June and September and December, which if you agree to please to signify the same to this House that some of the members may attend to see the same inserted.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

8th Jany 1768.

Then on motion the above message and that relative to the Superior Court Bill was taken under consideration and ordered that the following Message be sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message of this day relative to the Superior and Inferior Court Bills, This House have agreed to your several proposals and desire you will please send some of your members to see the alterations inserted in the said Bill.

Received from the Assembly the following Message

Gentlemen of His Majestys Honble Council.

Agreeable to your Message of this day relative to the Superior and Inferior Court Bills, This House have sent Mr Fanning and Mr Johnston two of the Members thereof to see the alterations by you agreed to inserted in the said Bills.

JOHN HARVEY Speaker.
By order
Wm. Heritage, Clk.

8th Jany 1768.

Then the alterations agreed to were inserted in the said Bills in presence of the Members sent for that purpose.

On motion the Bill for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the

-------------------- page 610 --------------------
said Districts and regulating the proceedings therein was again read the third time and passed with amendments.

Ordered to be engrossed.

And the Bill to amend and continue several Acts for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province was again read the third time and passed with amendments.

Ordered to be engrossed.

Then the House adjourned till 10 o'clock to morrow morning.


Saturday Morning 9th Jany 1768.

The House met according to adjournment

Present as before.

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

A Bill directing the appointing Jurymen in all causes criminal and civil read the third time and ordered that the following Message be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill directing the appointing Jurymen in all causes criminal and civil “We observe you have deled the following words in the last section of the said Bill Vizt, “And from thence to the next Session of Assembly and no longer” which we propose should be steted, If you agree thereto please send some of your Members to see the same done to make it consonant with the other Bills passed this Session

In the Upper House
By Order
J. BURGWIN Clk.

9th Jany 1768.

Received from the Assembly the following Message Vizt

Gentlemen of His Majesty's Honble Council.

This House having taken under consideration your Message of this day with the proposed amendment to the Bill for vesting certain lots in the Town of New Bern in His Excellency the Governor and his successors, cannot agree to the said amendment, as we think the Bill as it passed this House was consonant to the fixed principles of natural Justice it being the duty of Guardians by the the Law of this Province to take care that all monies belonging to orphans be put at interest and in case of neglect are chargeable

-------------------- page 611 --------------------
themselves for the same to their wards. We also judge it incumbent on such persons as are unknown and beyond seas If they expect any benefit or advantage from their property to make themselves acquainted with such public Acts of the Legislative body of this Province as may affect the same and to take by themselves their Agents Representatives or Attorney the necessary measures for effecting the same and as the titles is not to be vested in His Excellency the Governor until after the payment of the money by the public, when we conceive the public can by no principle either in Law or equity be chargeable with interest for the same, The proprietors of such lots having an immediate right to demand the consideration allowed and receive the benefit thereof by such application of it as they shall think proper. We are further of opinion that it is improper to embarrass the public Treasurers with the settling and adjusting private Accounts and are apprehensive it may be more convenient for the proprietors of such lots to receive their money of some person residing in the place where the whole of the property is. For these reasons which with us carry the appearance of propriety and conveniency as well as of equity and justice, We hope and flatter ourselves the Bill will pass with your Honors as it left this House

JOHN HARVEY Speaker.
By order
Wm. Heritage Clk

8th Jany 1768

Then on motion the Bill above mentioned and the Message was taken under consideration and the said Bill again read and passed the third time. Ordered to be engrossed.

On motion the Bill to continue an Act intitled an Act for enlarging the time allowed for saving lots in the Town of Hertford and other purposes was read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Hardy and Mr Spears the following Bills Vizt,

A Bill concerning idle and dissolute persons, read the third time and passed. Ordered to be engrossed

A Bill for establishing a Town in Mecklenburgh County read the third time and rejected.

Received from the Assembly by Mr Spencer and Mr James Moore the following Messages Vizt

-------------------- page 612 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day regarding the Bill directing the appointing Jurymen in all causes criminal and civil, We agree to what you therein propose and send Mr Spencer and Mr James Moore two of the Members of this House to see the alteration made.

JOHN HARVEY Speaker.

9th Jany 1768.

Then the said amendment was accordingly made in presence of the Members sent for that purpose and the Bill was again read and passed the third time with amendments. Ordered to be engrossed

Gentlemen of His Majestys Honble Council,

The Committee appointed to settle the public Account has reported that the Treasurers of this Province have paid into the said Committee the sum of £7774.9.7 proc. money on the sinking Fund which said sum by Law is to be burnt. This House have therefore appointed a Committee of the whole House in conjunction with such of your Honors as you shall appoint to see the said sum burnt at the House of Mr Peter Blinn in New Bern at 4 oClock this afternoon.

JOHN HARVEY Speaker
By order
Wm. Heritage Clk

9th Jany 1768.

On motion the following Message was ordered to be sent to the Assembly

Mr Speaker and Gentlemen of the Assembly,

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

By order
J. BURGWIN Clk

7th Jany 1768.

Received from the Assembly by Mr Howe and Mr Walsh a Bill for appointing Sheriffs and directing their duty in Office, read the third time and ordered that the following message be sent to the Assembly

-------------------- page 613 --------------------

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for appointing Sheriffs and directing their duty in Office, We observe you have deled the penalty of £100 proc. money on any person refusing to Act as a Sheriff when thereto appointed and steted the penalty of ten pounds only, which we think too small a fine for the purpose intended, And therefore in order that persons of property may be induced to Act we would propose to insert fifty pounds.

We also propose to stet the clause inserted by this House on the second reading of the Bill relative to the claims of Sheriffs.

If you agree to these amendments please send some of your members to see them made in the Bill.

By order
J. BURGWIN Clk.

9th Jany 1768.

Received from the Assembly the Bill to amend the several Acts for regulating the Town of New Bern and for other purposes therein mentioned, Read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following Message

Gentlemen of His Majestys Honble Council

In answer to your Message of this day relative to the Bill for appointing Sheriffs and directing their duty in Office, this House cannot agree to any of the alterations you propose to the said Bill and hope you will pass that Bill as sent you from this House on our third reading of the same.

JNO. HARVEY Speaker
By order
Wm. Herritage Clk.

9th Jany 1768.

Then the Bill was put the third time and passed. Ordered to be engrossed.

The House adjourned till Monday morning 10 oClock.


Monday Morning 11th January 1768

The House met according to adjournment

Present as before.

Received from the Assembly by Mr Respess and Mr Blinn the following Bills Vizt

-------------------- page 614 --------------------

A Bill concerning free negroes. On motion read the second time, amended and passed.

A Bill for preventing the frequent abuses in taking up and secreting of stray horses in the Counties therein mentioned.

A Bill for vacating the titles of certain persons to three hundred acres of Land situate on the lower part of the Cape Fear and adjoining Fort Johnston and for revesting the same in the Crown for His Majestys service and the benefit of said Fort and Garrison. On motion read third time and passed, Ordered to be engrossed.

A Bill for regulating ordinarys and restraint of tipling houses. On motion read the third time and passed. Ordered to be engrossed.

A Bill for rating gold and silver coin and making it a tender in all payments.

On motion the Bill for preventing the frequent abuses in taking up and secreting stray horses in the Counties therein mentioned was ordered to be read which was accordingly read and the following Message sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly

On reading a third time the Bill for preventing the frequent abuses in taking up and secreting stray horses &ca

We observe you have deled all the amendments made in this House on the second reading which we by no means agree to; however that the Bill may be rendered serviceable to the Counties for which it is intended to pass, We propose to have that clause steted whereby the Rangers are directed to send a list of Strays entered with them to the clerk of the Inferior Court &ca And that the County of Bladen be struck out of the Bill and the Act to continue in force for two years and no longer, to which if you agree please send some of your Members to see the alterations made, otherwise we cannot pass the Bill.

By order
J. B. Clk.

11th Jany 1768

Then the House adjourned till 10 oClock, tomorrow morning


Tuesday Morning 12th Jany 1768

The House met according to adjournment

Present as before,

On motion the following Message was ordered to be sent to the Assembly

-------------------- page 615 --------------------

Mr Speaker and Gentlemen of the Assembly

This House on examining the Reports of the Committee of Public Claims finds that your House have disallowed a claim of the Honble Lewis DeRosset for £16.13.4. On examining the grounds of that claim, We find it was for conveying by virtue of a writ of habeas corpus from the then Chief Justice two of the most notorious horse thieves and rogues under strong guard for fear of a rescue from Wilmington to New Bern and that it has never been paid by the publie, We likewise find that this claim had formerly been laid before the Assembly, and that the reason of its not being then allowed was only owing to the doubts they were in whether the Chief Justice had a right to issue or the Sheriff to obey any precept beyond the bounds of his county, and as this doubt has since been removed by allowances having been made by your House to the Sheriffs for the same services the claim remains at present solely on the right the claimant has to be reimbursed for his great expense and trouble in performing such a public service and which the distance of time cannot in our opinion alter, We therefore hope your House will reconsider this matter and join us in opinion that as an Act of Common Justice and Equity the said claim be allowed and your disallowance thereof be erased out of the reports (a point we must insist on) to which if you agree be pleased to send some of your members to see the same done that we may give our concurrence to the Reports.

By order
J. BURGWIN Clk.

12th Jany 1768

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

Mr Speaker and Gentlemen of the Assembly

Mr Cornell having applied to this House for an allowance of forty pounds for the duties of twenty four Hhds of rum by him [shipped] to South Carolina as appears by certificate sworn to before Jas Davis Esq. by the Master of the Vessell who carried the same of its being landed then we hope you will take the same under your consideration and make a resolve that it be allowed him in the payment of future duties and this House will concur with you in the said Resolve

By order
J. BURGWIN Clk.

12th Jany 1768
-------------------- page 616 --------------------

Received from the Assembly by Mr Howe and Mr Jones the following Messages Vizt

Gentlemen of his Majestys Honble Council,

This House have received your Message of this day relative to a claim of the Honble Lewis DeRosset Esq, disallowed by this House in the Report of the Committee of Claims,

The Reasons you have assigned which did not occur to us have convinced us of the equity of that claim We therefore send Mr Robt Howe and Mr Willie Jones two members of this House to see the disallowance thereof erased out of the Reports; at the same time let us observe as Messages between the different bodys of the Legislature are calculated in the last resort to settle any difference in opinion, politeness and delicacy of expression ought punctually to be preserved between them with which we could wish your Message had been altogether consistant

JOHN HARVEY, Speaker.
By Order
Wm. Herritage Clk.

12th Jany 1768.

Then the words proposed were erased in presence of the Members sent for that purpose—and then the said Reports were concurred with

p. JAS. HASELL, P. C.

Gentlemen of his Majestys Honble Council

We have received your Message to this House of the 11th Instant and are really sorry that the Bill before your Honors for preventing the frequent abuses in taking up stray horses should be liable to so many objections We for the sake of facilitating the passage of a Bill, which should it pass into a Law would be productive of the most salutary and wholesome consequences to such parts of this Province as it is designed to be extended, do assent to the deleing the name of Bladen County, but cannot agree to the proposed amendments, We think it unnecessary to enter minutely into the reasons that might be assigned for our disagreeing to them and hope it will be sufficient to observe that, whatever political changes there may be in the Government of this Province yet the casualities and evils that are intended to be guarded against by the Bill will ever occur in a greater or less degree, it seems therefore that if it is expedient that such a Law ever should exist that it

-------------------- page 617 --------------------
should be unlimited in its duration, yet to remove objections, We were willing to adopt the prevailing principles of policy in the present times and admit a temporary clause in the Bill, and that of as short a continuance as many other Laws of much greater consequence and in their nature liable to more frequent changes from an alteration of circumstances. Should the amendment for the rangers sending a copy to the Clerks quarterly be received the Bill would then in our opinion be subject to the following objections among many others, that a duty would be enjoyned and a penalty inflicted for a neglect without any reward for the performance of that Duty, which duty would even be increasing with the continuance of that office, and further by that Bill the person receiving Stray [horses] from the person taking up the same, is under no necessity of informing the Ranger of the recovery of his Stray [horses] consequently after such recovery a service may be done and continued without any benefit or advantage to the owner of the Stray [horses] or profit to the Ranger.

Although in this Province we have not known the effects nor experienced the utility of such a Law yet from our knowledge of the beneficial consequences of a similar one in our neighbouring and Sister Colonies, it has long been the object of our wishes. If the Bill in its operation as a Law should be found defective it may be amended, if pernicious and injurious it may be repealed before the term of its continuance shall expire and as this will ever be in the power of the Legislature, We hope the Bill will pass with your Honours as it left this House with the alterations only of deleing the word Bladen.


12th Jany 1768
JOHN HARVEY Speaker

Then the House adjourned till 10 oClock tomorrow morning


Wednesday Morning 13th Jany 1768

The House met according to adjournment.

Present as before.

Mr Speaker and Gentlemen of the Assembly,

This House taking into consideration your disallowance last Session of Assembly of one hundred pounds for the services of our Clerk during the same should be glad you would reconsider that matter in which case we hope you will think we must be the best

-------------------- page 618 --------------------
Judges of Services which pass immediately under our inspection—however to preserve that harmony which we wish always to exist between the two Houses, We hope you will allow him the sum of seventy pounds agreeable to our Message at the conclusion of the last Session,

Received from the Assembly by Mr Vail and Mr Spiers the following Message and Resolve, Vizt,

Gentlemen of His Majestys Honble Council,

This House herewith send you the resolve of this day relative to the payment of the several sums therein mentioned amounting in the whole to the sum of £1215.10.21 out of the contingent tax as the same shall be paid into the Treasury

JOHN HARVEY, Speaker.
By order
Wm. Herritage Clk.

In the Assembly Tuesday the 12th Jany 1768,

Resolved, that the sum of £1215.10.21 be paid to the Commissioners and the several other persons intitled to receive the same for running the dividing Line between the Western Frontiers of this Province and the Cherokee hunting grounds; and that the sum of £157.18.10 be paid to His Excellency for the like sum disbursed by him for carrying on a post through this Province in 1765 and also the sum of fifteen pounds disbursed by His Excellency for the relief and assistance of several Scotch Families that were landed at Brunswick in November last to settle in Cumberland County in this Province out of the Contingent tax as the same shall be paid into the Treasury.

JOHN HARVEY Speaker.
Test
Wm. Herritage Clk.

14th January In the upper House concurred with.
JAS. HASELL, P. C.
By order
J. B. Clk.

Received from the Assembly the following Messages &ca

Gentlemen of His Majestys Honble Council,

This House have taken into consideration your Message of this day relating to the increasing of the allowance made the Clerk of

-------------------- page 619 --------------------
your House for his services the last session and cannot agree to any additional allowance for the same,

JOHN HARVEY Speaker
By order
Wm. Herritage Clerk,

13th Jany 1768.

Gentlemen of His Majestys Honble Council,

This House considering your Message of this day relative to the duties paid by Mr Samuel Cornell for 24 Hhds Rum have Resolved that the said Samuel Cornell be allowed the sum of forty pounds being the same paid for the said duties in the payment by him of future Duties on wine, rum and other spirituous liquors and desire your Honours concurrence thereto

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

13th Jany 1768

14th Jany 1768, In the upper House concurred with
JAMES HASELL Prest
By order
J. B. Clk.

Gentlemen of His Majestys Honble Council

We herewith send you the Resolves of this House relative to the appointment of a Committee to draw up a petition to His Majesty for leave to emit a currency and this House have appointed Mr Maurice Moore, Mr Corns Harnett and Mr Robt Howe a Committee thereof for the purpose aforesaid in conjunction with such of your Honors as you shall think proper to appoint

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

13th Jany 1768

This House taking into consideration the present distressed situation of this Colony for want of a currency to answer the purposes of paying their internal taxes and a medium in trade,

Resolve, that Mr Maur Moore, Mr Corns Harnett and Mr Robt Howe or a Majority of them be a Committee of this House in conjunction with such of His Majestys Council as shall be by them appointed, to draw up a petition to his Majesty for leave to emit a Currency to the amount of £75,000 Stg to be equal in value to £100,000 proclamation money to be in limitation for sixteen years.

-------------------- page 620 --------------------

Resolved, that the Committee set forth in the petition to his Majesty as the sense of this House, that such currency shall not by any Bill or Act of Assembly be made or deemed a lawful tender for what now is or may become due or payable to the Crown or to Merchants in Great Britain, but that the same shall be made payable at the full sterling value,

Resolved, that the Committee do present such petition to His Excellency the Governor, and request that the same be forwarded in order to be laid before the Throne,

Resolved, that the Committee likewise request His Excellency, in case of obtaining leave for such emission in order to prevent counterfeits for the future, That he will be pleased to order proper paper copper plates presses and other materials necessary for stamping the same and draw on the public Treasurer for the expences thereof.

Received from the Assembly by Mr Harvey and Mr Branch the Reports of the Committee of Accounts which were read and concurred with and sent back to the Assembly,

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 14th January 1768.

The House met according to adjournment,

Present as before.

On motion the Bill for preventing the frequent Abuses in taking up and secreting stray horses &ca was taken under consideration and rejected.

On motion ordered that the following Messages be sent to the Assembly.

Mr Speaker and Gentlemen of the Assembly.

We are very sorry to find by your answer to our Message of yesterday that you have not agreed to our allowance of seventy pounds to our Clerk for his services last Session. We should be glad you would reconsider the Justice thereof and allow it, That the disputes that may arise on that subject between the two Houses may be prevented and this Session be concluded with that harmony we wish to subsist between the several branches of the Legislature

By order
J. B. Clk.

14th January 1768.
-------------------- page 621 --------------------

Mr Speaker and Gentlemen of the Assembly.

This House taking into consideration your Message relative to the appointment of a Committee to draw up a petition to his Majesty for leave to emit a currency Have appointed the Honble John Rutherford and Lewis DeRosset Esqrs a Committee of this House to join the Gentlemen by you appointed for that purpose.

By order
J. B. Clk.

14th January 1768.

Received from the Assembly the following Message and Resolve,

Gentlemen of His Majestys Honble Council.

This House have reconsidered your Message relating to the allowance made your Clerk at the last Session, and should be extremely sorry that any matter might interrupt the good understanding and harmony that has hitherto subsisted between the two Houses, but cannot recede from our resolution of yesterday on that subject.


14th January 1768
JOHN HARVEY Speaker

Gentlemen of His Majestys Honble Council

This House have unanimously Resolved, that Mr Speaker do provide for himself the Clerk of this House and the Council and officers thereof necessary robes suitable to their stations, and a Mace for this House and the Council at the expence of the Public and desire your Honors Concurrence


14th January 1768.
JNO. HARVEY Speaker

15th January Concurred with
JAMES HASELL P. C.

Then the House adjourned till 10 oClock tomorrow morning


Friday Morning 15th January 1768.

The House met according to adjournment.

Present as before.

Received from the Assembly their estimate of allowances &ca which was laid before the House for their examination.

On motion the estimate of this House was read approved of and sent to the Assembly for their concurrence (by the Clerk) and

-------------------- page 622 --------------------
received it back, Indorsed 15th Jany. In the Assembly read and concurred with

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

On motion the estimate of the Assembly was read, taken under consideration and concurred with

JAS. HASELL P. C.

Received from the Assembly p. Mr Montford and Mr Moore the following Resolve Vizt

In the Assembly.

It appearing to the House that there is still due on account of the Parliamentary Grants to this Province in the hands [of] James Abercrombie and Samuel Smith Esqrs and Couchet Jouvencil Esq the sum of sixteen hundred pounds sterling and upwards,

Resolved, that Joseph Montford and John Ashe Esqrs Treasurers be and are hereby impowered at the expence of the public to sue for and recover the same and that they appoint one or more sufficient Attorney or Attorneys in London for that purpose and on the recovery and receipt thereof that they pay to the said Couchet Jouvencil Esq the arrears of salary due to him as agent of this Province and that after deducting the charges and expences of recovering the same they apply the ballance to the contingencies of this Government


15th Jany 1768.

Gentlemen of His Majestys Honble Council

The above is a Resolve of this House of this day and desire your Honors concurrence thereto.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

Concurred with in the upper House 15th Jany 1768.
JAS. HASELL P. C.
By order
J. Burgwin Clk.

Then His Excellency the Governor came to this House and commanded the attendance of the Speaker and Gentlemen of the

-------------------- page 623 --------------------
Assembly and to bring with them what Bills they had ready to ratify, they accordingly attended and presented to His Excellency the following Bills for His Assent Vizt

1. The Superior Court Act

2. The Inferior Court Act

3. The Jury Act

4. The Sheriff Act

5. The Treasurers Act

6. An Act vesting 12 lots in the Town of New Bern in his Excellency the Governor

7. An additional Act to the Edifice

8. An Act for defraying the contingent charges of Government.

9. An Act for regulating the inspection of Tobacco &ca

10. An Act for a gaol and gaolers House in New Bern.

11. An Act for erecting a gaol, pillory and stocks in Salisbury

12. An Act for the inspection of hemp and flax

13. An Act concerning idle and dissolute persons.

14. An Act for establishing the Town of New Windsor on Cashey River in Bertie County

15. An Act for regulating ordinarys and restraint of tippling houses,

16. An Act to amend an Act for facilitating the navigation of Port Bath

17. An Act for vacating the title of certain persons to 300 Acres of land adjoining Fort Johnston

18. An Act for continuing the Militia Acts

19. An Act for a public road from Mecklenburgh to Wilmington and Brunswick

20. An Act for the regulation of Wilmington

21. An Act for destroying crows and squirrels

22. An Act for the Town of Hertford in Perquimans County,

23. An Act for a prison, pillory and stocks in Currituck County

24. An Act for annexing part of Northampton County to the County of Bute

25. An Act for establishing a vestry elected for the Parish of St Stephen in Johnston County

26. An Act for the regulation of Brunswick.

27. An Act for appointing an inspector for Eagles Island.

28. An Act to amend the several Acts concerning New Bern.

-------------------- page 624 --------------------

To which His Excellency was pleased to give his Assent (except to the last mentioned Act which he rejected) and then he made the following Speech to both Houses Vizt.

Gentlemen of His Majestys Honble Council, Mr Speaker and Gentlemen of the Assembly,

I congratulate you on the happy issue to this Session at the same time that I thank you for the particular attention you have paid to the several considerations I have referred to you in the course of it.

I must own, I regret that no provision is made for a supply of Ammunition for the defence of this Province: However upon your further deliberation of the real necessity of such a provision I rest in full confidence that a powder duty will be obtained at your next meeting.

I have only to add I shall exert my utmost endeavours that the liberality of your vote for finishing the Edifice may be applied to the best advantage as also to direct every public measure within my Sphere, to the prosperity of this Government and the felicity of its Inhabitants.

Wm. TRYON.