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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
November 07, 1768 - December 05, 1768
Volume 07, Pages 890-924

-------------------- page 890 --------------------
[From MS. Records in Office of Secretary of State.]
LEGISLATIVE JOURNALS.

North Carolina—ss

At an Assembly begun and held at New Bern the 30th day of October in the year of our Lord 1766 and continued by several adjournments and prorogations until the 7th day of November 1768 and in the 9th year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain &ca being the third Session of the Assembly &ca

In the upper House.
Present,
The Honble James Hasell
The Honble Alex McCulloch
The Honble Robt Palmer
The Honble John Rutherford
The Honble Willm Dry
The Honble Benja Heron
and
The Honble Saml Strudwick

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

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

Desirous as I am at all times to consult you for the good of his Majestys service, and the prosperity of his Subjects, I particularly meet you at this Season, from the necessity there is, that you should be informed of the late disturbances in the back frontier settlements of this Province, at the same time that I recommend to you to adopt such measures, as in your wisdom you shall find necessary to stop the present, and prevent for the future, those licentious and tumultous Meetings that have been so frequently held, by a large body of Insurgents in those parts, Insurrections, destructive of the good order of Government and dangerous to the Constitution of this Country.

That you may receive the fullest information of the principles and proceedings of these men and the motives that compelled me to raise and march a body of militia into Hillsborough to oppose their declared intentional outrages, I shall lay before you the several petitions, paper, and Addresses they sent me, with my answers, and the requisitions I made them, the manner in which they assembled

-------------------- page 891 --------------------
themselves near the Town, at the opening of the last Hillsborough Superior Court, their number and behaviour, together with the proceedings and issues of the Court relative to them, and their complaints, I desire may be related to you by such gentlemen of your respective Houses who honored me with their personal services at that critical time and who were witnesses to those transactions while I was confined by sickness.

Here permit me, in justice to the commendable conduct, as well as spirited inclinations of both officers and men Gentlemen volunteers who at their own expence assembled to preserve the peace, to express the grateful sentiments I now feel, and shall ever retain, for their loyal and public services on that occasion, I persuade myself every well wisher to the happy constitution with which this country is blessed will sensibly experience these sentiments, surely it must be a pleasing circumstance to every honest mind, to reflect on the grateful testimony they have given of their affection for the public welfare by turning out volunteers in protection of the liberties and Laws of their Country. The happy effects and success which resulted from such a conduct are manifested by the event.

Should it appear upon enquiry that the inhabitants labour under actual grievances not within the remedy of the Law in force you will find me most heartily inclined to coöperate with you to the utmost of my power for their relief; and if there appears any real foundation of complaint beyond the extension of my instructions, I will most cheerfully represent the nature of them Home that his Majesty in his great wisdom may apply the proper remedy. This is a duty which his Majesty requires of me, therefore I shall execute it with a double satisfaction, in the meantime I have an entire confidence that by the spirit and prudence of your Councils, by the firmness and stability of your resolutions the public officers of Government will be encouraged and protected in the legal execution of their offices, so as effectually to prevent any repetition of the contempt rescues and insults they have of late experienced in many parts of this Country.

An Act passed in this Province in May 1765 for establishing an orthodox clergy, having received the King's approbation I have it in command from his Majesty to recommend to you to pass an Act explanatory of the aforementioned Act, as no provision is made therein for supporting such clergymen as may be appointed to officiate during the suspension of any Minister from serving the Cure

-------------------- page 892 --------------------
of such Parish whereof he was incumbent. His Majestys instructions to me which I shall send you will more fully set forth his royal intention on that head and I trust will chearfully prompt you to acquiesce therein.

Your Petition by a Committee of both Houses for a fresh emission of paper Bills of credit, with a legal tender, has been laid before the King, and I am authorized to inform you, as the power of creating paper currency to be a legal tender is retained by Act of Parliament, the Crown cannot exercise its discretion on that occasion; I will communicate to you a copy of what the Earl of Hillsborough has further wrote to me upon that subject.

Gentlemen of the House of Assembly, I shall lay before you as soon as possible the estimate of the expences of the Militia forces raised, and incidental charges incurred for the security of the public peace of the province. The pay of the Officers and men is charged agreeable to what was granted last year to the troops that attended the running of the Western frontier Line.

This service I beg leave warmly to recommend to you as the first object of your attention and earnestly solicit you to make immediate provision for the same, as any delay in the payment would deprive many men of the reward of their faithful services, by reason of the great migration among the back settlers.

An enquiry into the state of your public funds continues with you an object of momentous concern. It is not the labour of one session, but of many to bring the public Accounts into a proper arraingement and order. You laid the foundation of these enquiries last session and by your perseverence the desirable end is only to be obtained

A provision of powder and lead for His Majestys service for the defence of this Province is so extremely requisite on any sudden emergency that on your reconsidering its real importance, and the application I made to you for such a preparation last meeting, I am inclined to hope, will now induce you to make provision for these Articles

Gentlemen of his Majestys Honble Council Mr Speaker and Gentlemen of the House of Assembly. As the interior Policy of this Country was never more an object of serious concern to the public than at present, I most cordially wish by a continuance of harmony and unanimity among the several branches of the Legislature, such wholesome Laws and Regulations may be framed as will effectually

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establish the peace and protect the prosperity of the Inhabitants of this Country on a solid and secure foundation. I have only to offer on my part my best intentions and inclinations for the felicity of this Country. As long as his Majesty is graciously pleased to distinguish me by the honorable station he has here placed me in, I shall on all occasions by the strenuous exertions of my abilities endeavour to convince you in sickness or in health that to be steady in the support and vindication of his Majestys Government, and the true interest of this Colony are the ruling principles of my heart.

(Signed)
Wm. TRYON

On motion His Excellency's Speech was read and taken under consideration and thereon ordered that the Honble Robert Palmer and Samuel Strudwick Esqrs be and they are accordingly appointed a Committee of this House to prepare an Address in answer to His Excellencys Speech.

Then the House adjourned till 10 oClock tomorrow [Wednesday] morning.


Wednesday Morning 9th November 1768

The House met according to adjournment

Present as before.

Then the House adjourned till tomorrow morning 10 oClock


Thursday Morning 10th November 1768

The House met according to Adjournment.

Present as before.

The Committee appointed to prepare an Address in Answer to His Excellency's Speech reported that they had prepared the same which was laid before the House and ordered to be read.

The same was accordingly read and approved of and ordered that it stand the address of this House and be entered on the Journal thereof as follows, Vizt.

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

The Humble Address of His Majesty's Council of the said Province.

May it please Your Excellency,

We his Majesty's most dutiful and loyal Subjects Members of His Council beg leave to return your Excellency our unfeigned thanks

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for calling us together so early in the Season to communicate to us the late disturbances in the back Frontier Settlements of this Province, and the measures you have taken for suppressing them in time and preventing the flame of civil discord from spreading through and perhaps desolating every part. It would affect us with inexpressible concern to contemplate the picture of distress in which a great part of this Province was so lately involved, if the view did not terminate in a brighter prospect; and instead of the anarchy and confusion which at first present themselves we were not cheered with the pleasing representation of public tranquility restored; peace and order reestablished; and Justice unawed by popular clamor again dealing forth her sacred and impartial dispensations. That the scene is thus changed to our advantage is owing to the wise and vigorous measures your Excellency adopted; It now becomes our business, in no less than it is our duty and inclination to concur with the other branch of the Legislature in perfecting the good work your Excellency have so happily begun, in pursuing such measures as upon the maturest consideration shall be found most expedient to enable public officers to discharge their duty with security to themselves, and benefit to the community, and in providing for the tranquility of the Country in so effectual a manner as may put it out of the power of busy and siditious spirits to disturb it with impunity for the future; And that we may with the greater certainty attain these desirable purposes, We will minutely inquire into the most remote causes of the late disorders, that we may apply the most effectual remedy if it lies within our reach; If not, that we may through your Excellency's representation to His Majesty obtain it from the Throne.

As the dangerous illness with which you were lately attacked, the consequence of your fatigue and solicitude for the welfare of this Colony filled us with the most melancholy apprehensions, we beg leave to testify our joy on the restoration of your health; and to assure you that we consider it as a pledge of the Divine favour to this Province that we were not deprived of a life so useful to the public at that very critical and important juncture. We sincerely sympathize with you, sir, in every generous inclination to promote the good of our Country; our hearts glow with the same patriotic sentiments, which you so kindly express and which confirmed by your actions, eminently distinguish your Excellencys administration.

Then the House adjourned till 10 oClock tomorrow morning.

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Friday Morning 11th November 1768.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 12th November 1768

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock Monday Morning.


Monday Morning 14th November 1768.

The House met according to adjournment.

Present
The Honble Jas Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble Wm Dry Esquire
The Honble Robt Palmer Esquire
and
The Honble Benja Heron Esquire

Received from the Assembly p Mr Polk and Mr Rutherford A Bill for establishing a Town in Mecklenburg County

Received from the Assembly by Mr Brickell a Bill for dividing the County of Mecklenburg and other purposes

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 15th November 1768

The House met according to adjournment

Present as before.

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

Gentlemen of His Majestys Honble Council.

I thank you for your Address The Honorable testimony you give me of my late conduct afforded me a most sensible satisfaction, as the solicitude you express to have felt for the issue of my last sickness is a fresh mark of your concern for my welfare. Happy shall I really be, if the preservation of my life, under providence can be directed to any beneficial purposes to society

The laudable resolution you have taken to examine minutely into the causes of the late disturbances in the Country and your readiness in union with the other branch of the Legislature to provide

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the proper remedies, is strictly agreeable to that vigilent attention I have always experienced in your Councils, for the true interest of your King and Country, a Conduct which in the present Crisis cannot fail to give the happiest turn to the public affairs of this Colony.

Signed—
Wm. TRYON

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 16th November 1768

The House met according to Adjournment.

Present as before.

Received from the Assembly by Mr Haywood and Mr Spiers a Bill to provide a fund for defraying the public debts due from the public of this Province, read the first time and passed.

Received from the Assembly by Mr Harris and Mr Know the following Bills Vizt

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

A Bill to direct Sheriffs in levying executions, and the disposal of lands goods and chattles taken thereon.

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

A Bill for rating the several species of foreign coin therein mentioned and making the same a tender in all payments.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 17th November 1768.

The House met according to adjournment

Present
The Honble Jas Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble Wm Dry Esquire.
The Honble Robt. Palmer Esquire.
The Honble Benja Heron Esquire.
and
The Honble Samuel Strudwick Esquire.

On motion the following Bills were ordered to be read Vizt

A Bill to direct Sheriffs in levying executions and the disposal of lands goods and chattels taken therein, read the first time and passed

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A Bill for rating the several species of foreign coin therein mentioned and making the same a tender in all payments, read the first time and passed.

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

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

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

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

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 18th November 1768.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble William Dry Esquire.
The Honble Robert Palmer Esquire.
The Honble Benjamin Heron Esquire.
The Honble Saml Strudwick Esquire.

Received from the Assembly by Mr Shepard and Mr Brickell, A Bill to amend and explain an Act Intitled an Act 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 and for providing adequate salaries for the Chief Justice and Associate Justices of the said Superior Courts, On motion read the first time and passed.

Received from the Assembly p. Mr Shepard and Mr Cray the following Message Vizt

Gentelmen of his Majestys Honble Council

This House have appointed Mr Richard Caswell Mr Samuel Burton Mr William Haywood Mr Thomas Loyd, Mr William Bartram, Mr John Barron, Mr Felix Kenan Mr Jacob Blount, Mr Samuel Spencer, Mr Edward Vail and Mr James Blount a Committee to settle and allow the public claims of this Province and Mr Harnett, Mr Hewes, Mr Johnston, Mr Fanning, Mr Harris, Mr Person, Mr Dawson, Mr Cray, Mr Simpson and Mr Knox are appointed a Committee

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of this House to state and settle the Public Accounts of this Province in Conjunction with such of your House as you shall think proper to appoint

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

7th November 1768.

Received from the Assembly the following Bills p. Mr Kenan and Mr Bryan,

A Bill for dividing the County of Mecklenburg and other purposes, On motion read the second time amended and passed.

A Bill for establishing a Town in Mecklenburg County, On motion read the second time amended and passed,

A Bill for the encouragement of an iron manufacture within this Province, On motion read the first time and passed,

A Bill for appointing commissioners to build a prison, pillory, and stocks on the lot whereon the Court House now stands in Duplin County, On motion read the first time and passed.

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

In answer to your Message relative to the Committees We have appointed the Honble John Rutherford William Dry Robert Palmer and Samuel Strudwick Esqs a Committee of this House to examine, state and settle the public Accounts, And the Honble Lewis DeRosset, John Sampson and Benjamin Heron Esqrs a Committee of this House to settle and allow the public claims.

In the upper House, 18th Nov 1768.

Received from the Assembly the following Bills p. Mr Blount and Mr Dawson,

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

A Bill to continue an Act Intitled An Act concerning of vestries, On motion read the first time and passed,

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

Then the House adjourned till 10 oClock tomorrow morning.

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Saturday Morning 19th November 1768.

The House met according to adjournment

Present as before.

Received from the Assembly the following Bills, to wit,

A Bill for rating the several species of foreign coin therein mentioned and making the same a tender in all payments,

A Bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin

A Bill to amend and continue an Act Intitled an Act concerning of Vestries

A Bill for the encouragement of an iron manufacture within this Province

A Bill to direct Sheriffs in levying executions and the disposal of lands goods and chattels taken thereon.

A Bill to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned, On motion read the first time and passed.

A Bill to encourage the importation of British Copper half pence and for making them a tender for the payment of small debts, On motion read the first time and passed.

A Bill to continue an Act Intitled an Act to amend an Act for the regulation of the Town of Wilmington. On motion read the first time and passed.

Then the House adjourned till 10 oClock Monday Morning.


Monday Morning 21st Nov. 1768

The House met according to adjournment.

Present as before.

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

A Bill to amend and continue an Act concerning of Vestries, On motion read the second time amended and passed.

A Bill for erecting part of Rowan County and part of Orange County into a separate county by the name of —— and Parish of —— and other purposes, On motion read the second time amended and passed.

A bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the court house now stands in Duplin county, On motion read the second time amended and passed.

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

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning the 22d November 1768.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills, to wit,

A Bill to relieve such persons who have purchased lands sold by execution and have not obtained titles for the same, On motion read the first time and passed.

A Bill for the more easy and speedy recovery of small debts and other purposes, On motion read the first time and passed.

A Bill for establishing a Militia in this Province, On motion read the first time and passed.

A Bill to expedite the collecting public taxes defraying the charges of Government and other purposes, On motion read the first time and passed.

A Bill to amend an Act for establishing public warehouses in the Towns of Halifax and Campbelton for the inspection of hemp and flax and other purposes, On motion read the first time and passed.

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

A Bill to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned, On motion read the second time and passed.

A Bill for establishing a Town in Mecklenburg County, On motion read the third time and passed. Ordered to be engrossed.

A Bill for dividing the County of Mecklenburg and other purposes, On motion read the third time and passed. Ordered to be engrossed.

A Bill for vesting the school house in Edenton in Trustees, On motion read the first time and passed.

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

A Bill for establishing a Town on the Lands of Benjamin Wynns on Chowan River, On motion read the first time and passed

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A Bill to encourage the importation of British copper half pence and for making them a tender for the payment of small debts, On motion read the second time amended and passed.

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

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

A Bill for erecting the lower part of Orange and upper part of Johnston Counties into one distinct County and Parish and for adding part of Dobbs County to Johnston County. On motion read the first time and passed.

On motion the Bill to direct Sheriffs in levying executions and the disposal of lands goods and chattles taken thereon, was read the second time amended and passed.

On motion the Bill for the encouragement of iron manufactures within this Province, was read the second time amended and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 23rd Nov. 1768.

The House met according to adjournment.

Present as before

Received from the Assembly the following Bills p. Mr Howe and Mr Hewes and message

A Bill concerning free negroes in this Province, On motion read the first time and passed.

A Bill altering the times of holding the Inferior Court of the Counties therein mentioned, On motion read the first time and passed

A Bill for vesting the school house in Edenton in Trustees, On motion read the second time and amended and passed.

A Bill to amend and explain an Act Intitled an Act for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts &ca. On motion read the second time amended and passed.

Gentlemen of His Majestys Honble Council.

This House have Resolved that a Captain Commandant appointed by His Excellency of fifteen men be employed to Garrison Fort Johnston and that the said Captain be allowed six shillings and eight pence p. day and each man one shilling and four pence p. day

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and eight pence p. day for subsistance to continue for one year and to the end of the next session of Assembly to which we desire your Honors Concurrence.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk

Nov 22nd In the Assembly.

23rd November 1768. In the upper House concurred with.
J. HASELL P. C.

Received from the Assembly by Mr Shepard and Mr Branch the following Bill and Message, Vizt

A Bill to amend the several Acts for regulating the Town of New Bern. On motion read the first time and passed.

Gentlemen of His Majestys Honble Council,

This House herewith send you the petition of Joseph Kukland which we have taken under consideration, and Resolved the said Joseph Kukland be allowed one hundred pounds for his service in the said petition mentioned and for his expences incurred about the same and desire your Honors concurrence to the said Resolve.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

23rd Nov 1768
In the upper House the above Resolve was taken into consideration and concurred with
J. HASELL P. C.

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

A Bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the court house now stands in Duplin County, On motion read the third time and passed. Ordered to be engrossed.

A Bill for erecting part of Rowan County and part of Orange County into a separate County by the name of Bedford County and Trinity Parish and other purposes.

A Bill to direct Sheriffs in levying executions and the disposal of Lands goods and chattels taken thereon.

-------------------- page 903 --------------------

A Bill for the encouragement of iron manufactories within this Province

Then the House adjourned till tomorrow morning 10 oClock.


Thursday Morning 24th November 1768

The House met according to adjournment

Present as before.

Received from the Assembly the following Bills Vizt

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, On motion read the first time and passed

A Bill to amend and explain an Act Intitled an Act for establishing an orthodox Clergy, On motion read the first time and passed.

A Bill for the more easy and speedy recovery of small debts and other purposes.

A Bill for declaring certain lots in the Town of New Bern taken up by the Trustees for promoting the public school in the said Town saved and improved according to Law; and to impower the said Trustees to collect the subscriptions due for the said school, On motion read the first time and passed.

A Bill to expedite the collecting public taxes defraying the charges of Government and other purposes.

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

A Bill for erecting the lower part of Orange and upper part of Johnston Counties into one distinct County and Parish and for adding part of Dobbs County to Johnston County, On motion read the second time amended and passed.

Then the House adjourned till 9 oClock tomorrow morning.


Friday Morning 25th November 1768

The House met according to adjournment.

Present as before.

Received from the Assembly p. Mr Phifer and Mr Rutherford the following Bills Vizt,

A Bill for Triennial Assemblys in this Province, On motion read the first time and passed.

A Bill to amend and continue an Act Intitled an Act concerning of Vestries.

-------------------- page 904 --------------------

A Bill for destroying crows and squirrels in the several counties therein mentioned.

A Bill to amend an Act Intitled an Act to restrain the keeping of too great a number of horses and mares in the County therein mentioned and for amending the breed, On motion read the first time and passed.

A Bill for establishing a Militia in this Province.

A Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities, On motion read the first time and passed.

A Bill to amend an Act for establishing public warehouses in the Towns of Halifax and Campbelton for the inspection of hemp and flax and other purposes, On motion read the second time and passed.

A Bill to amend an Act Intitled an Additional Act to an Act Intitled an Act to prevent killing deer at unseasonable times and for putting a stop to many abuses committed by white persons under pretence of hunting, On motion read the first time and passed.

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

Mr. Speaker and Gentlemen of the Assembly,

The Bill to expedite the collecting public taxes defraying the charges of Government and other purposes at present before us being intended to provide for the security or discharge of the debts due from the Public,

This House is of opinion that previous to the taking the said Bill into consideration, It will be necessary to ascertain and have before them a state of the several debts actually due and intended to be secured or discharged in the manner therein proposed.

By order
J. B. Clk.

25th Nov. 1768.I n the upper House.

Received from the Assembly p. Mr Phifer and Mr Rutherford the following Bills Vizt

A Bill to amend an Act Intitled an Act concerning Marriages, On motion read the second time and rejected.

A Bill for vesting the school house in Edenton in Trustees.

A Bill for establishing a To n on the lands of Benjamin Wynns on Chowan River, On motion read the second time and passed.

-------------------- page 905 --------------------

A Bill to relieve such persons who have purchased land sold by execution and have not obtained titles to the same, On motion read the second time amended and passed.

A Bill to encourage the importation of British copper half pence and for making them a tender for the payment of small debts.

A Bill for declaring certain lots in the Town of New Bern taken up by the Trustees for promoting the public school in the said Town &ca. On motion read the second time and passed.

Received from the Assembly the following Message and Bills p. Mr. Spencer and Mr Ward, Vizt

Gentlemen of His Majestys Honble Council,

This House have received your Message of this day, and in answer thereto must assure your Honors, We have much at heart the Bill to expedite the collecting public taxes defraying the charges of Government and other purposes; and should be glad you would as soon as possible satisfy yourselves; in the points you think necessary to have ascertained before you enter into the consideration of that Bill.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk.

25th Nov. 1768.

A Bill to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy, On motion read the second time and passed.

A Bill for triennial Assemblies in this Province, On motion read the second time and passed.

A Bill to amend an Act Intitled an Act to restrain the keeping of too great a number of horses and mares and for amending the breed.

A Bill to amend an Act Intitled an Additional Act to an Act Intitled an Act to prevent killing deer at unseasonable times and for putting a stop to many abuses committed by white persons under pretence of hunting and other purposes.

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

A Bill to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned.

-------------------- page 906 --------------------

A Bill to amend and explain an Act for dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts &ca.

Then the House adjourned till 9 oClock tomorrow morning.


Saturday Morning 26th November 1768.

The House met according to adjournment

Present as before.

Received from the Assembly the following Bills Vizt, p Mr Bryant and Mr Hardy,

A Bill for erecting the lower part of Orange and upper part of Johnston County into one distinct County and Parish and for adding part of Dobbs County to Johnston County.

A Bill to relieve such persons who have purchased lands sold by execution and have not obtained titles to the same.

A Bill for establishing a Town on the lands of Benja Wynns on Chowan River.

A Bill for declaring certain Lots in the Town of New Bern taken up by the Trustees for promoting the public school in the said Town saved and improved according to Law &ca

Received from the Assembly the following Bills Vizt,

A Bill for altering the times of holding the Inferior Courts of the Counties therein mentioned,

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.

Then the House adjourned till 10 oClock Monday Morning.


Monday Morning 28th November 1768.

The House met according to adjournment.

Present as before.

On motion the following Bills were ordered to be read,

A Bill to amend an Act Intitled an additional Act to an Act intitled an Act to prevent killing deer at unreasonable times; and for putting a stop to many abuses committed by white persons under pretence of hunting and other purposes, read the second time amended and passed,

A Bill for the more easy and speedy recovery of small debts and other purposes, read the second time amended and passed,

-------------------- page 907 --------------------

A Bill for altering the times of holding the Inferior Courts of the Counties therein mentioned, read the second time amended 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, read the second time and passed,

A Bill for establishing a Militia in this Province, read the second time amended and passed.

A Bill to expedite the collecting public taxes defraying the charges of Government and other purposes, read the second time and passed.

A Bill to direct Sheriffs in levying executions and the disposal of lands, goods and chattles taken thereon, read the third time and passed. Ordered to be engrossed.

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

A Bill for the more easy and speedy recovery of small debts and other purposes.

A Bill to amend the Act for establishing public warehouses in the Town of Halifax and Campbelton for the inspection of hemp and flax and other purposes, On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend and explain an Act Intitled an Act for establishing an orthodox Clergy.

On motion the following Message was sent to the Assembly Vizt

Mr. Speaker and Gentlemen of the Assembly

On reading a third time the Bill to amend and explain an Act Intitled an Act for dividing this Province into six several Districts, &ca, &ca, We observe in the second section of this Bill relative to payment of the Associates for one year, the word annually has been omitted to be deled in your House agreeable to the intentions of the Bill.

We also observe that you deled that clause relative to the non payment of costs of suits by a plaintiff when the defendant proves insolvent, which we propose should be steted.

If you agree to these amendments please send two of your members to see the same made.

By order
J. B. Clk.

28th Nov. 1768, In the upper House.
-------------------- page 908 --------------------

On motion the following Bills were ordered to be read

A Bill to amend and continue an Act Intitled an Act concerning Vestries, read the third time and passed. Ordered to be engrossed.

A Bill for preventing the frequent abuses in taking up and secreting of stray horses in the Counties therein mentioned, read the third time and passed. Ordered to be engrossed.

A Bill to continue an Act Intitled an Act for the regulation of the Town of Wilmington, read the third time and passed. Ordered to be engrossed.

A Bill to encourage the importation of British copper half pence and for making them a tender for the payment of small debts, read the third time and passed. Ordered to be engrossed.

A Bill for declaring certain lots in the Town of New Bern taken up by the Trustees for promoting the public school in the said Town saved and approved agreeable to Law; and to impower the said Trustees to collect the subscriptions due to the said school, read the third time and passed. Ordered to be engrossed.

A Bill to relieve such persons who have purchased lands sold by execution and have not obtained titles to the same, read the third time and passed. Ordered to be engrossed.

Received from the Assembly pr. Mr Shepard and Mr Spiers the following Message Vizt

Gentlemen of His Majestys Honble Council,

This House herewith send you a Resolve of this day for an allowance of one hundred pounds to John Barnes of Brunswick County who was stabbed in the side and had his right arm shot off in the apprehending Thomas Dinney and John Bacon two felons whereby the said John Barnes is rendered incapable to support and maintain himself and family and desire your Honors concurrence to the said Resolve.

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

26th Nov. 1768.

Received from the Assembly by Mr. Howe and Mr. Hewes the following Bills,

A Bill for establishing a Militia in this Province.

A Bill for lessening the number of public claims diminishing the weight of public debts and relieving the present burthen of taxation on the poor, On motion read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 909 --------------------

Tuesday Morning 29th November 1768.

The House met according to adjournment.

Present as before.

On motion the following Message was sent to the Assembly,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy, We propose the words, And received inserted in your House on the third reading be deled, to which if you agree please send of your Members to see these words deled accordingly.

By order
J. B. Clk.

29th Nov. 1768. In the upper House.

On motion the following Bills were ordered to be read,

A Bill to amend an Act Intitled an Act to restrain the keeping of too great a number of horses and mares and for amending the breed, read the second time amended and passed.

A Bill for destroying crows and squirrels in the several counties therein mentioned, read the second time amended and passed.

A Bill for establishing a Town on the lands of Benjamin Wynns on Chowan River, read the third time and passed. Ordered to be engrossed.

A Bill for vesting the School House in Edenton in Trustees, Read the third time and passed. Ordered to be engrossed

Received from the Assembly the following Resolve and Messages Vizt


Saturday 26th Nov. 1768. In the Assembly.

Resolved, That John Barnes of Brunswick County be allowed one hundred pounds for his service in assisting the officer in apprehending Thomas Dinney and John Bacon who were in the Sheriffs Custody for Felony and in doing of which the said Barnes was stabbed in the side and had his right arm shot off.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk.
On motion the above Resolve was taken under consideration and concurred with
J. HASELL P. C.
By order
J. B. Clk.
-------------------- page 910 --------------------

Gentlemen of His Majestys Honble Council

In answer to your Message of this day relative to the Bill to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy,

This House cannot agree to dele the words and receive and hope your honors will pass the said Bill as sent you from us

JNO. HARVEY Speaker
By order
Wm. Herritage Clk

Then the said Bill was taken under consideration and again read the third time and passed. Ordered to be engrossed.

Gentlemen of His Majestys Honble Council

In answer to your Message of this day this House agrees that the word annually in the Bill shall be struck out and send Messrs Hewes and Johnston to see the amendment made But cannot agree to the steting of that clause relative to the non payment of costs of suit by a plaintiff when the defendant proves insolvent and hope your Honors will pass the Bill with the above amendment.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk

28th Nov 1768.

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

Received from the Assembly the following Bills Vizt

A Bill to amend an Act Intitled an Act to restrain the keeping of too great a number of horses and mares and for amending the breed, On motion read the third time and passed. Ordered to be engrossed.

A Bill for altering the times of holding the Inferior Court of the Counties therein mentioned, On motion read the third time and passed. Ordered to be engrossed.

A Bill for destroying crows and squirrels in the several counties therein mentioned, On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act Intitled an Additional Act to an Act Intitled an Act to prevent killing deer at unseasonable times; and for putting a stop to many abuses committed by white persons under

-------------------- page 911 --------------------
pretence of hunting and other purposes, On motion read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 30th Nov. 1768.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills p. Mr. Rutherford and Mr. Phifer,

A Bill for Triennial Assemblys in this Province, On motion read the third time and rejected.

A Bill to expedite the collecting public Taxes, defraying the charges of Government and other purposes.

On motion the following Messages were ordered to be sent to the Assembly, Vizt,

Mr. Speaker and Gentlemen of the Assembly,

On a third reading of the “Bill for establishing a Militia in this Province” We observe you have deled part of a clause wherein the pay of the Officers is ascertained, but as we can see no reason why officers should not be paid for their services as well as the men whom they are appointed to command, We are of opinion that, that part of the clause deled by you should from a principle of Justice as well as policy be again steted If you agree thereto please send some of your Members to see it done.

By order
J. B. Clk.

30th Nov. 1768. In the upper House.

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for the more easy and speedy recovery of small debts and other purposes, We observe that you have deled the clause relative to the trial of rioters &c, But as we are highly sensible of the necessity of some such clause for the preservation of the public peace, We herewith send you another which we propose to insert in the said Bill—And we further propose that appeals be granted on all Judgments of 20s and upwards when a party thinks himself agrieved by such Judgment.

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


30th Nov 1768.
By order.
-------------------- page 912 --------------------
AMENDMENT.

And whereas of late many wicked & dangerous Riots & Insurrections have arisen in different parts of this Province stirred up and carried on by factious and seditious persons enemies to the peace and good order of society & the Constitution of their country & encouraged by an expectation of escaping punishment by being rescued out of the custody of the Law by their Confederates & A bettors these offences being Triable by a late act of Assembly passed at Newbern on the 5th day of December A D 1767 intitled an act for dividing the Province into six several districts & regulating the proceedings therein & for providing adequate salaries for the Chief Justice & the Associate Justices of the said Superior Court only in the district wherein the offence is committed—To the end therefore that the law may have its due and full effect & that offenders may receive the punishment due to their Crimes Be it further enacted by the authority aforesaid that all prosecutions & pleas of the crown for Riots & Insurrections wherever three or more persons shall have been jointly concerned in which case it shall & may be lawful for the King's attorney by & with the consent of one of the Judges of the Superior Court to prosecute such malefactors in any other district than that in which the crime shall have been committed, any thing in the last mentioned act to the contrary notwithstanding.

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

Mr. Speaker and Gentlemen of the Assembly,

We have read in this House for the third time the Bill to expedite the following public taxes defraying the charges of Government and other purposes and propose the following amendments, Vizt

That the debentures to be delivered to the persons to whom the public is indebted should not exceed £20,000 instead of the sum at present in the Bill.

That tax for redeeming the Debentures be only 1s instead of 2s as mentioned in the Bill.

That the Gentlemen who sign the Debentures should be allowed what they may pay for the printing or making those Debenture.

That the clause for repealing the Act passed last Session for laying a poll Tax of 2s 6d be expunged.

-------------------- page 913 --------------------

That the forging the Debentures be made felony without benefit of the Clergy instead of the penalties in the Bill.

To which if you agree please send such of your Members as you think proper to see the amendments made.

By order
J. B. Clk.

30th Nov. 1768. In the upper House.

Mr. Speaker and Gentlemen of the Assembly,

On reading the third time the Bill to enlarge the time for Sheriffs to settle their accounts with the Justices &ca, We propose to have inserted in the clause for impowering the Governor to appoint collectors of taxes where there are no Sheriffs to insert after the words public taxes, The addition of the words now due or that hereafter may become due from such County. To which if you agree please send some of your Members to see the same inserted.


30th Nov. 1768. In the upper House.

Received from the Assembly the following Messages Vizt.

Gentlemen of His Majestys Honble Council.

In answer to your Message of this day we agree to stet that part of the clause deled by us in respect to ascertaining the pay of the Officers of the Militia and have therefore sent Mr Johnston and Mr Hewes to see the said clause steted.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk.

30th Nov. 1768.

Then the said Bill was again read the third time and the amendment in the Message mentioned made in the presence of the Members sent for that purpose and then the said Bill was put and passed. Ordered to be engrossed.

Gentlemen of His Majestys Honble Council,

In answer to your Message relative to the Bill to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions of the Counties therein mentioned, This House agrees to the amendments by you proposed and have sent Mr Johnston and Mr Hewes to see the words “Now

-------------------- page 914 --------------------
due or that hereafter may become due from such County,” inserted in the said Bill.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk.

30th Nov. 1768.

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

Gentlemen of His Majestys Honble Council,

In answer to your Message relative to the Bill for the more easy and speedy recovery of small debts this House agree that there shall be an appeal from the Judgment of a Justice for any sum above twenty shillings and have sent Mr Johnston and Mr Hewes to see a clause inserted for that purpose but cannot agree to the clause you propose for altering the jurisdiction of the Superior Court in particular instances that clause being foreign to the Bill and contrary to the sentiments of this House

JOHN HARVEY Speaker
By order
Wm. Herritage Clk

30th Nov 1768

Gentlemen of His Majestys Honble Council,

In answer to your Message relative to the Bill to expedite the collecting public taxes defraying the charges of Government and other purposes

This House cannot agree to your making any alterations or amendments in that Bill it being the undoubted right of this House to frame all Bills imposing Taxes on the Inhabitants of this Province, and the concurrence of the other branches of the Legislature is only in complyance with the ordernary formes of business

This House therefore hope, as that Bill will tend to restore the peace and tranquility of this Province that your Honors will think proper to pass the same, as sent you by this House.

By order
Wm. Herritage Clk.

30th Nov 1768

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 1st December 1768.

The House met according to adjournment.

-------------------- page 915 --------------------

Present as before.

On motion the consideration of the following Bills were resumed and ordered to be read,

A Bill for the more easy and speedy recovery of small debts and other purposes, read and on motion rejected.

A Bill for erecting part of Rowan County and part of Orange County into a separate County by the name of Bedford County and Trinity Parish, read and on motion rejected.

A Bill for erecting the lower part of Orange and upper part of Johnston Counties into one distinct County and Parish and for adding part of Dobbs County to Johnston, read and on motion rejected.

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

Mr. Speaker and Gentlemen of the Assembly,

In reply to your Message of yesterday we think ourselves obliged to declare that we have nothing more at heart than to restore the peace and tranquility of this Province, for which reason and to preserve the harmony that at present subsists between the different branches of the Legislature, we are desirous to waive the discussion of the question relative to the rights and privileges of our respective Houses, And as the Bill for authenticating the debt due from the public &ca could not in its general scope and tendency be deemed a money bill without falling within the province of the Act of Parliament which prohibits the emission of a paper currency, we are willing it should not be considered as such in any respect whatsoever.

The objections we have to creating debentures for so large a sum as thirty thousand pounds are,

1st Because the term implies a debt or the acknowledgment of one, and it does not appear to us that so great a sum is now actually due to the public Creditors, The sum of ten thousand pounds for a Governors House which must be included in the estimate to make up the sum being already funded and the great part of the money advanced upon faith and security of that Grant without violating of which it cannot be discharged by debentures; nor can it be demanded of the public for two years to come, consequently the payment may, and in the present indigent situation of this Province ought to be postponed to the most distant period.

2ly From the inexpediency of issuing so large a sum, the Act will probably be disallowed by his Majesty which would involve us

-------------------- page 916 --------------------
in great confusion and probably be attended with loss to the persons who might receive these debentures in lieu of proclamation Money. It might likewise prevent our obtaining permission to emit a sum adequate to our wants which we flatter ourselves we might have leave to do upon preferring a petition to the Parliament of Great Britain, and,

3ly Because the sum of twenty thousand pounds is more than sufficient to defray the expence of the Western Expedition the expence of running the dividing line, the charge for garrison, and arrears of public Officers salaries, the claims of last Session and what may appear to be due at the close of the present Session for wages and claims allowed by the Committee, together with twelve hundred pounds supposed to be due for bounties upon hemp. These are the most important service, and the only considerable demands we have at present to provide for, And as in consideration of the distress of the people we are willing to consent to create debentures of the value of twenty thousand pounds for these purposes, it must now rest solely with you whether they shall be provided for or not.

We therefore hope you will reconsider our proposals with respect to that Bill and that you will please send some of your Members to make it conformable thereto.

1st Dec 1768. In the upper House.

By order
J. B. Clk.

Received from the Assembly by Mr Monford, Mr Ashe and Mr Caswell the following Message Vizt

Gentlemen of His Majestys Honble Council,

This House have received your reply to our message of yesterday and having considered the same send Mr Joseph Monford, Mr John Ashe, and Mr Richd Caswell three of the Members of this House to make the following alterations in the Bill to expedite the collecting public taxes defraying the charges of Government and other purposes.

That the word thirty be deled and instead thereof the word twenty be inserted.

That the tax for redeeming the debentures remain as in the Bill but that the words sixty nine be deled and seventy one inserted —

-------------------- page 917 --------------------
which we apprehend will be an easement to the inhabitants of this Province, and better support the credit of the debentures,

That the clause for repealing the Act passed last Session laying a tax and six penny tax, be expunged and that the forging debentures be felony without benefit of Clergy.

This House cannot agree that the Gentlemen who are to sign the debentures be allowed for their trouble or expence any other sum than that expressed in the Bill.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk.

1st Dec. 1768.

Then the alterations proposed were made in the said Bill in presence of the members sent for that purpose.

On motion the Bill to expedite the collecting public taxes defraying the charges of government and other purposes was read the third time and passed, Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 2nd December 1768.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Sampson Esquire
The Honble John Rutherford Esquire
The Honble William Dry Esquire
The Honble Lewis H. DeRosset Esquire
The Honble Robert Palmer Esquire
The Honble Benjamin Heron Esquire

Received from the Assembly by Mr Blount and Mr Haywood the Report of the Committee of Claims—which on motion were read and concurred with.

J. H., P. C.

On motion the House proceeded to take under consideration the perplexed situation of the public funds, and ordered that the following Message be sent to the Assembly, Vizt

Mr. Speaker and Gentlemen of the Assembly,

We think it our duty before the present Assembly breaks up to express our sense how grateful it would be to the people in general and how conclusive to quiet the minds and silence the clamors of many who think themselves agrieved in the management of public monies if some proper persons with full power to call for such papers and vouchers as may be necessary, were appointed during

-------------------- page 918 --------------------
the recess, to examine and report the state of the public funds and taxes at our next meeting.

That the people in general may be acquainted therewith and that if it should appear that the circumstances of the Country will admit they may be relieved from some part of their great burthens.

Be pleased therefore to consider thereof and if you think proper make such Resolve as may answer the purposes intended.

By Order

2nd December 1768. In the upper House.

Received from the Assembly by Mr Brickell and Mr Jones the following Messages and Resolve Vizt,

This House herewith send you two Resolves thereof of this day respecting the appointments of an Agent and also a Committee of Correspondence and desire your Honors concurrence therewith

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

2nd December 1768

Friday 2nd December, In the Assembly,

Resolved, That Henry Eustace McCulloh Esq, be and is hereby appointed agent to this Province for one year and from thence to the end of the next Session of Assembly and that he be impowered and required to present our Address to his Majesty for the repeal of the several Acts of Parliament imposing duties on goods imported into America and transact such other business as may from time to time be recommended to him by the Committee of Correspondence under the direction of this House.

Resolved, that John Harvey Esqr Speaker, Joseph Montford, Samuel Johnston, Joseph Hewes and Edward Vail Esq be a Committee of Correspondence to correspond with the said Agent and that they or the Majority of them from time to time report such their correspondence to the Assembly with every document paper and writing relative to the same that they may be informed of every circumstance necessary for the benefit of this Province

Test.
Wm. HERRITAGE Clk.

Received from the Assembly by Mr Phifer and Mr Bryan the following Message Vizt.

-------------------- page 919 --------------------

Gentlemen of His Majestys Honble Council,

We send you herewith an account of the expences allowed by the House to the Troops assembled at Hillsborough under the Command of his Excellency the Governor which this House agree to and desire your Honors Concurrence thereto

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

2nd December 1768.
On motion concurred with.
J. H.—P. C.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 3rd Dec 1768

The House met according to adjournment

Present as before.

On motion ordered the following Message be sent to the Assembly

Mr. Speaker and Gentlemen of the Assembly.

This House have taken into consideration the general account of your allowance for the pay the subsistance &ca of the Troops at Hillsborough in September last, As we think those troops deserve some encouragement (more than you have allowed) for their diligence loyalty and decent behaviour, We should be glad you would make a resolve of your house that the Treasurer should pay to the Governor such sum as you may think proper to be by His Excellency distributed amongst those troops.

We must also recommend to your consideration the Revd Mr Micklejohn who preached to the troops at Hillsborough printed and dispersed general copys of one of the sermons on that imporant occasion.

By order
J. BURGWIN Clk.

3rd Dec 1768. In the upper House

Received from the Assembly the following Messages Vizt

Gentlemen of His Majestys Honble Council.

In answer to your Message of this day relative to this House appointing persons to examine into the state of the public funds and report the same at our next meeting, We now inform your

-------------------- page 920 --------------------
Honors that at the first Session of this Assembly a Committee was appointed for the purposes you mention in your said message which Committee have reported that on account of the so early meeting of this present Session they were prevented from proceeding in this inquiry, Therefore this House this present Session have Resolved that the said Committee be continued till the next session of Assembly at which time we have reason to hope a full and perfect Account will be Reported by the said Committee of the State of the public funds,

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

3rd Dec 1768.

Gentlemen of His Majesty's Honble Council,

In answer to your Message relative to the pay of the troops who assembled at Hillsborough; This House cannot agree to any further allowance to them than that sent you from us; And as to the other part of your Message, We do agree that the Treasurers pay the expence of printing the sermon preached by the Revd George Micklejohn sent to this House by His Excellency the Governor this session.

JOHN HARVEY, Speaker
By order
Wm. Herritage Clk.

Received from the Assembly the reports of the Committee of Accounts which on Motion was read, approved of and concurred with.

Then His Excellency the Governor came to this House and commanded the immediate attendance of the Speaker and Gentlemen of the Assembly and to bring with them what Bills they had ready to present.

The Speaker attended by the Assembly presented to His Excellency the following Bills for his Assent Vizt,

1. An Act to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy,

2. An Act to amend and continue an Act Intitled an Act concerning Vestries.

3. An Act for establishing a Militia in this Province.

4. An Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattles taken thereon.

-------------------- page 921 --------------------

5. An Act to amend and explain an Act for dividing this Province into six several Districts &ca

6. An Act to relieve such persons who have purchased lands sold by execution and have not obtained titles to the same.

7. An Act to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of Pleas and Quarter Sessions &ca.

8. An Act to amend the Act for establishing public warehouses in Halifax and Campbelton for the inspection of hemp and flax.

9. An Act to amend an Act Intitled an Act to restrain the keeping too great a number of horses and mares and for amending the breed.

10. An Act for dividing the County of Mecklenburg and other purposes.

11. An Act for establishing a Town in Mecklenburg County.

12. An Act for establishing a Town on the Lands of Benjamin Wynns on Chowan River.

13. An Act to amend an Act Intitled an additional Act to an Act to prevent killing deer at unreasonable times &c.a

14. An Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties therein mentioned.

15. An Act to encourage the importation of British copper half pence and for making them a tender for the payment of small debts.

16. An Act for appointing commissioners to build a prison pillory and stocks on the lot whereon the Court House now stands in Duplin County.

17. An Act to continue an Act Intitled an Act to amend an Act Intitled an Act for the regulation of the Town of Wilmington.

18. An Act for declaring certain lots in the Town of New Bern taken up by the Trustees for promoting the public school in the said Town saved and improved according to Law &c.a

19. An Act for destroying crows and squirrels in the several Counties therein mentioned.

20. An Act for altering the time for holding the Inferior Courts in the Counties therein mentioned.

21. An Act to expedite the collecting Public Taxes defraying the charges of Government and other purposes.

22. An Act for vesting the school house in Edenton in Trustees. to which Acts His Excellency was pleased to give his Assent (except

-------------------- page 922 --------------------
to the two last Acts which he rejected) and then he made the following speech to both Houses, Vizt,

Gentlemen of His Majesty's Honble Council, Mr Speaker and Gentlemen of the House of the Assembly,

Thank you for the business that has passed through this Session I should have been extremely happy if you had left it in my power to have concurred with you for the immediate payment of the troops at Hillsborough but as the Act for granting debentures is expressly within the letter and meaning of the Act of Parliament prohibiting the emission of paper currency with a legal tender, I am constrained to reject it, as a contrary conduct would so directly tend to the injury of my honor and fortune, I shall however lay before his Majesty an impartial statement of the situation of this Country, that he may in his wisdom provide a proper remedy.

Wm. TRYON.

Then the House adjourned till Monday morning.


Monday Morning 5th December 1768.

The House met according to adjournment.

Present as before.

Received from the Assembly a Bill making provision for the payment of Forces raised to suppress the late insurrection on the Western Frontiers, providing for the public claims and for the more easy collecting taxes of Government. On motion read the first time and passed and sent to the Assembly.

Received from the Assembly the following Message and Resolve Vizt

Gentlemen of His Majestys Honorable Council,

We send you herewith a Resolve of this House relative to the Tax for sinking the £12,000 granted in the year 1760 and the tax for sinking the £20,000 granted in the year 1761 and desire your Honors concurrence thereto.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk.

5th December 1768.

Monday the 5th December 1768.

Resolved, That it is the opinion of this House that the tax of one shilling p. poll for sinking the £12,000 granted in the year 1760,

-------------------- page 923 --------------------
and the tax of three shillings p. poll for sinking the £20,000 granted in the year 1761 have had their effect and ought not hence forth to be collected.

JOHN HARVEY Speaker.
By order
Wm. Herritage Clk

5th Dec. 1768.

5th December 1768, In the upper House read and concurred with.
By order,
J. H., P. C.

Received from the Assembly the Bill for making provision for the payment of forces raised to suppress the late insurrection &ca. On motion read the second time and passed.

Received from the Assembly the following Message and Resolve,

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing David Gordon the sum of fifteen pounds for his services done this Session as per the said Resolve and also the sum of twenty pounds to the Trustees of the public school in Newbern for the use of a room for the Assembly this Session, and desire your Honors concurrence thereto.

JNO. HARVEY Speaker
By order
Wm. Herritage Clk

In the Assembly Dec. 5th 1768.

In the Assembly

Resolved, That Mr David Gordon be allowed and paid the sum of fifteen pounds for sundry services done by him this Session of engrossing the seven Bills allowing for on the estimate this Session, And also that the sum of twenty pounds be allowed and paid to the Trustees of the public school in New Bern for a room for the Assembly this Session omitting to be allowed on their estimate.

JOHN HARVEY Speaker
By order
Wm. Herritage Clk.

Dec. 5th 1768.

5th Dec. 1768. In the upper House read and concurred with.
J. HASELL P. C.
By order
J. B. Clk.
-------------------- page 924 --------------------

Received from the Assembly the Bill for making provision for the payment of Forces raised to suppress the late insurrection &ca, On motion read the third time and passed. Ordered to be engrossed.

Then on motion the Resolve of the Assembly of the 2nd Inst. relative to an Agent for this Province &ca was taken under consideration and ordered to lie on the Table.

His Excellency the Governor came to this House and by a Message commanded the immediate attendance of the Speaker and Gentlemen of the Assembly in the Council Chamber to present any further Bills they had to lay before him for his assent

The Speaker and Gentlemen of the Assembly attended accordingly and presented to His Excellency for his Assent

An Act making provision for the payment of Forces raised to suppress the late Insurrection on the Western Frontiers, providing for the public claims and for the more easy collecting the annual Taxes of the Government,

To which Act his Excellency was pleased to give his assent, and then prorogued the General Assembly of this Province to the—day of June next to meet at New Bern for the dispatch of Public Business &ca