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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 07, 1768 - December 05, 1768
Volume 07, Pages 924-986


North Carolina,

At an Assembly begun and held at New Bern the third Day of November in the seventh year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith (and so forth) and in the year of our Lord, One thousand seven hundred and sixty six, and from thence continued by several prorogations to the seventh day of November in the ninth year of the reign of our said Sovereign Lord the King and in the year of our Lord, one thousand seven hundred and sixty eight, being the third Session of this present Assembly,

In the House of Assembly


Monday 7th November 1768.

Mr. Speaker and twenty four Members appeared.

On motion ordered that Mr. Fanning and Mr. Dawson wait on his Excellency the Governor and acquaint him the House is met, and desire to know when they shall wait on him, and being returned,

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brought for answer that his Excellency would receive them, an hour hence in the Council Chamber.

His Excellency the Governor sent a Message to the House requiring the immediate attendance thereof in the Council Chamber.

Mr. Speaker with the House, waited on his Excellency the Governor in the Council Chamber where his Excellency was pleased to make a speech to his Majesty's Honble Council and this House, a Copy of which to prevent mistakes Mr. Speaker obtained.

Mr. Speaker with the House returned and Mr. Speaker reported that he had obtained a copy of His Excellency the Governor's Speech, to his Majesty's Honble Council and this House, which he delivered in at the Table; Ordered the same to be read tomorrow morning.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday November 8th 1768

The House met according to adjournment.

The order of the day being read—Resolved His Excellency the Governors Speech be read,—Read the same and ordered to be entered on the Journals of this House and it is as follows, to wit,

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

Then on motion, Resolved the House Resolve into a Committee of the whole House tomorrow morning to take under consideration his Excellency the Governors Speech.

This House being informed that Mr Benjamin Palmer one of the Members for Pasquotank County is dead, On motion Resolved His Excellency the Governor be addressed to order the Clerk of the Crown to issue a writ for electing a Member for the said County, to sit and vote in this Present Assembly in the room and stead of the said Mr Benjamin Palmer deceased.

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

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

Sir,

This House have been informed that Mr Benjamin Palmer late one of the Members for Pasquotank County is dead,

Therefore desire your Excellency will be pleased to direct the

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Clerk of the Crown to issue a Writ for electing a Member for the said County of Pasquotank to sit and vote in this Present Assembly

JOHN HARVEY Sp.

Sent by Colo Caswell and Colo Shepard.

Recd from his Excellency the Governor by Mr Edwards a written Message, with the extracts and instructions therein mentioned &ca to wit,

Mr. Speaker and Gentlemen of the House of Assembly,

I send you by my Secretary extracts from the Earl of Hillsborough's Letters referred to in my Speech on the subject of a paper currency,

Mr Edwards will also deliver to you his Majesty's instruction to me recommending an explanatory Act to be passed to the Clergy Law now in force in this Province

Wm. TRYON.

And also the following written Message with the papers, addresses, &ca therein mentioned

Mr Speaker and Gentlemen of the House of Assemblly.—

I herewith send you the several Papers, Addresses &c, &c, referred to in my Speech relative to the Insurgents, nearly in the Order I received them, Vizt

1st. The Address of those who stiled themselves Regulators, with a large Bundle of Papers containing their Proceedings &c. delivered to me at Brunswick the 14th of June by Messrs James Hunter and Rednap Howell.

2nd. My Answer to the above Address from the Council Chamber at Brunswick dated the 21st of June—Numbered 13.—

3rd. The Letter I sent the Insurgents by the Sheriff of Orange—Numbered 14, dated 1st August.—

4th. The Deposition of Tyree Harris, Sheriff of Orange dated the 3d August—Numbered 15.—

5th. The Deposition of Ransom Southerland, Deputy Sheriff dated 3d August—Numbered 16.—

6th. The Insurgents Letter delivered to me at Hillsborough by John Lowe and James Hunter the 5th of August—Numbered 17.—

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7th. My Answer, from the Council Chamber in Hillsborough, to the above Letter dated the 13th of August—No 18.—

8th. The Insurgents Letter dated 19th August—No 19, Delivered at Salisbury the 25th August by Colo Frohock.

9th. The Insurgents Letter delivered to me by James Hunter at the Head of the Troops on their march to Hillsborough 15th September—No 20.—

Note—On the Receipt of this last Letter, I ordered the Commissaries to give James Hunter attested Certificates agreeable to Law that the Cattle for the Service of the Troops were Free from any Distemper &c. which Order was complied with, and James Hunter directed to inform His Confederates, that if they presumed even to interrupt the march of the Cattle, they should do it at their Peril.—

10th. The Address of the Insurgents delivered to me in Hillsborough the 22d or 23d Sept—No 21.

11th. Address from the Inhabitants in Anson County who stiled themselves Regulators, delivered to me at Hillsborough the 15th August 1768—No 22,

12th. My Answer to the above Address—dated Hillsborough 16th August No 23,—

13th. A Proclamation. No 24.—

14th. George Hendreys Letter of Submission &c. No 25.—

The Orders given out to the Troops on the march and while at Hillsborough you will also receive with the Papers above mentioned.

Wm. TRYON

Newbern 8th November 1768.


Wednesday 9th November 1768.

The House met according to adjournment.

Ordered the several papers referred to and sent with his Excellency's Messages received by this House yesterday be read, The same are read, and ordered to lay for consideration.

The order of the Day being read, Resolved the House Resolve into a Committee of the whole House tomorrow to take under consideration His Excellency the Governor's Speech.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday 10th November 1768.

The House met according to adjournment.

Mr. Branch presented a Petition from the Inhabitants of Halifax County directed to the Governor, Council and Assembly which was

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read, And therein set forth the great hardships they endure from the scarcity of money and thereby are rendered incapable of paying their Taxes, and that from such scarcity have arisen the great disturbances that have lately happened in this Province, praying an Act may pass for making and emitting a currency &c.a Ordered the same lie consideration.

The order of the day, The House Resolve into a Committee of the whole House to take under consideration his Excellency the Governor's Speech and choose John Ashe Esquire Chairman, after the same was read and some time spent the Committee came to several Resolutions which Mr. Chairman was directed to report to the House.

Then on motion Mr. Speaker resumed the Chair, Mr. Chairman Reported that the Committee had taken his Excellency the Governor's Speech in consideration, and came to several Resolutions thereon, which Mr. Chairman reported to the House.

The same were approved of and ordered they be instructions to the Committee to be appointed to prepare an Address in answer to his Excellency the Governor's Speech.

On motion ordered that Mr. Robert Howe, Mr. Maurice Moore and Mr. Samuel Johnston be a Committee to prepare an address in answer to his Excellency the Governor's Speech, and report the same to the House for approbation.

Mr. Mau: Moore moved for leave to bring in a Bill to make provisions for the payment of public debts.

Ordered he have leave accordingly.

Then the Court adjourned till 10 oOclock tomorrow mornining.


Friday November 11th 1768

The House met according to adjournment,

Mr Robert Lenox one of the Members for Bertie County appeared,

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

Mr Speaker acquainted the House that he had received a letter from the Speaker of the House of Representatives of the Massachusets Bay in New England, and another letter from the Speaker of the House of Burgesses in Virginia and laid the same before the House,

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Ordered the said letters be read, the same are read.

Mr Fanning moved that a Committee be appointed to prepare and bring in a Bill for erecting the Western part of Orange County and the Eastern part of Rowan County into a County and Parish by the name of —— County and —— Parish, and Mr Fanning, Mr Lloyd. and Mr Rutherford are appointed a Committee accordingly.

Mr Fanning presented a Petition of the Inhabitants of Orange County bordering on Cumberland County, setting forth that the petitioners live at a great distance from the several Court Houses in the said Counties &ca Praying a County may be erected out of the said two Counties of Orange and Cumberland.

Ordered Mr Fanning prepare and bring in a Bill pursuant to the prayer of the said petition.

Mr Fanning presented a petition of the Inhabitants of Orange County Praying a Law may pass to impower one Justice of the Peace to try and determine all causes to the amount of five pounds &ca

And on motion ordered Mr Fanning prepare and bring in a Bill pursuant to the prayer of the said petition

Then the House Adjourned till 10 oClock tomorrow morning.


Saturday, November 12th 1768.

The House met according to adjournment.

Mr Ashe moved for leave to bring in a Bill directing the method of levying Executions and disposing of the Goods taken thereon.

Ordered he have leave accordingly.

Mr Samuel Benton, Mr William Bartram, Mr Mathias Brickell, Mr Andrew Knox, Mr James Blount, and Mr William Webster appeared.

Mr Bartram moved for leave to bring in a Bill to relieve such persons that have or may suffer by the loss of the Records in Bladen County.

Ordered he have leave accordingly.

Mr Phifer moved for leave to bring in a Bill to divide Mecklenburg County.

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

Mr Polk moved for leave to bring in a Bill for establishing a Town in Mecklenburg County.

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

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

Sent by Mr Polk and Mr Rutherford.

Mr Robert Howe from the Committee appointed to prepare an Address in answer to His Excellency the Governor's Speech informed the House that the said Committee had prepared the same, which he read in his place.

Ordered the same stand the address of this House, and be entered on the Journal thereof as follows, to wit,

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

Sir,

We His Majesty's most dutiful and loyal subjects the Members of the Assembly of North Carolina return your Excellency our thanks for your Speech at the opening of this Session.

This House, Sir, have the fullest conviction of the necessity there was for marching a body of Militia into Hillsborough, to oppose the intentional outrages of a set of men who forgetful of their duty they owed their Sovereign, insensible of the happiness of your Excellency's Administration, and in defiance of the Laws under which they lived, were pursuing measures destructive to the felicity, and dangerous to the Constitution of their Country.

The Detestation we have of the Riotous and illegal proceedings of these insurgents would alone be increased by reflecting on the anxiety and severe regret we have reason to imagine they occasioned your Excellency to whose activity and spirited conduct we owe the return of that tranquility and order now so likely to take place, and though words cannot express how high a sense we have of the important service you rendered us, Permit us Sir, to increase the obligation by requesting your acceptance of those thanks which in the ardour of our gratitude we most sincerely offer. We are happy Sir that the behaviour of the Officers, the Soldiers and Gentlemen volunteers Assembled for so laudable a purpose as the preservation of the public peace have been both pleasing to your Excellency and useful to the Province, and we hope that, upon so

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strong a proof of their merit, as that of your Excellency's approbation, you will give us leave in this public manner to express our entire satisfaction in their conduct, and to return them our thanks. Your Excellency may depend if it should appear to us that the inhabitants of this Province labour under actual grievances not within the remedy of the Laws now in force, we shall as far as our power extends endeavour by constructing new Acts to remove the inconvenience, and there is nothing Sir, you may more certainly rely on, than that all officers of Government in the Legal execution of their offices shall receive every encouragement, protection and support that we can give them.

We return your Excellency our hearty thanks for having the Petition of the Council and Assembly of this Province for an emission of paper currency as a legal tender laid before his Majesty, and it is with inexpressible concern that we receive the important information of its having met with discouragement. We adopted the measure, and relied on the success of it as the only remedy of saving this Province from ruin nor are we happy enough at this time to have the least reason to alter that opinion. Restricted in this particular and distressed by Taxes as we are, we shall find it difficult if not impossible to pay the Troops lately so necessarily, and to so good effect employed in the support of Government, We shall however when your Excellency is pleased to lay the estimate of expenses before us, take the same under consideration and make provision for the payment as soon as the circumstances of the Province will admit.

The stating and adjusting of our Public Accounts will still continue to be thought the important concern of this House, in order to direct and facilitate our enquiry into the state of the public funds, and every other particular your Excellency has been pleased to mention shall receive that attention which we shall always be inclined to pay to your recommendations.

We join your Excellency in opinion that the interior policy of this Country was never more an object of serious concern than at present, and we cannot too strongly express our desire of uniting with every branch of the Legislature in forming such Laws as will establish the peace and secure the property of the Inhabitants of this Colony.

This House beg leave to thank your Excellency for the offer of your best intentions and inclinations for the felicity of this Country, are happy in declaring that your actions have ever given undeniable proofs, that to be steady in support of his Majesty's Government and

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the true interest of this Colony are the ruling principles of your Heart, and there is no wish Sir, in which we are more sincere, than that your continuing long to preside over this Province may be consistent with the pleasure of our Royal Sovereign and your Excellency's Happiness.

JOHN HARVEY Sp.

Then the House adjourned till 10 oClock tomorrow morning.


Monday November 14th 1768.

The House met according to Adjournment.

Mr Samuel Spencer and Mr Benjamin Person appeared and took their Seats.

Mr Kedar Merchant one of the Members for Currituck County appeared.

Two of the members of his Majestys Honble Council came to the House and Mr Kedar Merchant appeared, took the oaths by Law appointed for his qualification subscribed the Test and took his seat in the House.

Mr Phifer pursuant to order presented a Bill for dividing Mecklenburg County which he read in his place and delivered in at the Table where the same was again read by the Clerk passed and ordered to be sent to the Council.

Mr Harnett moved for leave to bring in a Bill to encourage the importation of British copper half pence and for making them a tender for the payment of small debts.

Ordered he have leave accordingly.

Then the House adjourned till 3 oClock in the afternoon.

P. M. The House met according to adjournment.

Mr Kenan moved for leave to bring in a Bill to impower the Justices of Duplin County to build a prison pillory and stocks on the lot whereon the Court House now stands.

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

Mr Harris and Mr Polk waited on his Excellency the Governor and acquainted him the House have prepared an Address in answer to his Speech at the opening of this Session and desire to know when they shall wait on him therewith, and being returned brought for answer that his Excellency would receive them tomorrow at his House.

Then the House adjourned till 10 oClock tomorrow morning.

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Tuesday November 15th 1768.

The House met according to adjournment

Mr Maurice Moore according to order presented a Bill to provide a fund for defraying the Public Debts due from the Public of this Province, which he read in his place and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council.

Sent by Mr Haywood and Mr Spiers.

Mr Ward and Mr Smithwick appeared and took their seats.

Mr Speaker with the House, waited on his Excellency the Governor, and Mr Speaker presented him with the Address of this House.

Mr Speaker reported that he with the House had waited on his Excellency the Governor and presented him with the Address of this House, to which his Excellency was pleased to return an answer a copy of which he had obtained and laid the same before the House.

Ordered the same be read, The same is read, and ordered to be entered on the Journal of this House as follows, (that is to say)

Mr. Speaker and Gentlemen of the House of Assembly,

It affords me the most grateful satisfaction to find in the generous sentiments of your Address that the measures I pursued to suppress the late insurrections in the Country are honored with your approbation

The anxiety and indisposition I experienced on that service are fully repaid by the successful conduct of the Troops, and the thanks they have merited and received from your House, an Honour I am proud to share with them, The estimate of their Expences, I hope to be able to lay before you to day, when I trust you will find ways and means to furnish the money to discharge the same as soon as possible. Though your Petition to his Majesty for the emission of a paper currency has not met with the desired success, I sincerely hope no impending ruin waits this Province from its failure from the informations I received in several parts of this Province through which I have travelled. I am inclined to believe many of the Inhabitants are great sufferers from the heavy burden of their private obligations, which by the ingenuity of their creditors can only be discharged with cash; This puts it out of the power of the former to extricate themselves from the load, under the present great scarcity of money if any expediency can

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be found for this difficulty, it's possible it may give great relief to those under such unhappy circumstances.

I thank you Gentlemen, as well for the great attention you assure me you will pay to every matter I have submitted to your consideration, As for your kind wishes for a continuance of my residence with you, a circumstance however flattering and agreeable to me, entirely rests on his Majestys Gracious Pleasure

Wm. TRYON.

Recd from His Excellency the Governor the following written message with the papers therein referred to, to wit

Mr. Speaker and Gentlemen of the House of Assembly,

I herewith send you the estimates of the expences I incurred by the services of the Troops assembled at Hillsborough to protect and preserve the public peace.

These accounts include the whole charges of that service except the ammunition furnished for the Rowan Battalion, the amount of which I have not yet been able to obtain but as soon as it can be had, it shall be laid before you, I likewise send you, a General return of the number of Troops employed on the above Service.

Wm. TRYON.

Mr. Speaker and Gentlemen of the Assembly,

I transmit to you for your consideration an Address to the Legislative body, and a letter to me from Tyree Harris late Sheriff of Orange County, from which it gives me pleasure to find the Inhabitants in those parts have returned to a due obedience and subordination to Government by paying their public dues.

WILLIAM TRYON.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday November 16th 1768.

The House met according to adjournment.

Mr. Knox moved for leave to bring in a Bill for rating the several species of Foreign coin therein mentioned and making the same a lawful tender in all payments.

Ordered he have leave accordingly.

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

Mr. Needham Bryan appeared.

Mr. Fanning asked for leave to present a Bill for preventing abuses in taking up and secreting stray horses in the Counties therein mentioned.

Ordered he have leave accordingly.

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

Mr Fanning from the Committee appointed to prepare and bring in a Bill for erecting the Western part of Orange County, and the Eastern part of Rowan County into a County and Parish by the name of —— County and —— Parish and other purposes, reported the Committee had prepared the same, which he presented to the House and read the same in his place, and delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council.

Mr Ashe pursuant to order brought in a Bill directing the method of levying executions and disposing of the goods taken thereon, which he read in his place and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council

Sent the above four Bills by Mr Harris and Mr Knox.

Mr Needham Bryan presented a Petition from the Inhabitants of Johnston and also a Petition from the Inhabitants of Dobbs County, praying a Bill may pass for erecting a County out of the said Counties of Johnston and Dobbs.

Ordered Mr Fanning, Mr Caswell and Mr Bryan prepare and bring in a Bill pursuant to the Prayer of the said several Petitions

Recd from His Excellency a written Message by Mr Edwards as follows, to wit, and also the papers therein mentioned,

Mr. Speaker and Gentlemen of the House of Assembly,

The Remainder of the expences incurred for the Public Service at Hillsborough I herewith transmit to you, this amount added to the general abstract delivered to you yesterday includes the whole expences of that Service

Wm. TRYON.

New Bern 16th November 1768
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Then the House adjourned till 3 oClock in the afternoon.

P. M. The House met according to adjournment.

Then the House adjourned till 11 oClock tomorrow morning.


Thursday November 17th 1768.

The House met according to adjournment.

Received from the Council the Bill to provide a fund for defraying the Public Debts due from the Public of this Province Endorsed, 16th November 1768, In the upper House read the first time and passed,

Mr Benjamin Hardy appeared.

On motion ordered Mr Caswell, Mr Benton, Mr Barrow, Mr Haywood, Mr Lloyd, Mr Kenan, Mr Bartram, Mr Jacob Blount, Mr Spencer, Mr Vail, and Mr James Blount be appointed a Committee to settle and allow Public claims, and Mr Harnett, Mr Hewes, Mr Johnston, Mr Harris, Mr Person, Mr Dawson, Mr Fanning, Mr Wm Cray, Mr Simpson and Mr Knox a Committee of this House to state and settle the Public accounts in Conjunction with such of his Majesty's Honorable Council as they shall think proper to appoint, and that the following Message be sent to his Majesty's Honorable Council, Vizt.

This House have appointed Mr Richard Caswell, Mr Samuel Benton, Mr William Haywood, Mr Thomas Lloyd, Mr Felix Kenan, Mr William Bartram, 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 Harris, Mr Person, Mr Dawson, Mr Fanning, Mr John Simpson, Mr Knox, Mr Cray, a Committee of this House to state and settle the public Accounts of this Province, in conjunction with such of your Honors as you shall think proper to appoint.

JOHN HARVEY Sp.

The House took under consideration His Excellency's Message relative to the estimates of expences incurred on the expedition to Hillsborough and Resolved that Mr Harnett and Mr Hewes and Mr Cray be appointed a Committee to examine state and settle the claims of the forces on the Hillsborough expedition and report their

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Resolution thereon to the House, for approbation, and they are accordingly appointed.

Resolved it be an instruction to the Committee that they do allow a Colonel seven shillings and six pence per Diem, a Lieutenant Colonel and Major the same, a Captain six shillings and eight pence per Diem, a Lieutenant and Ensign six shillings p Diem, each, for the time the said several officers were in actual service on the Hillsborough expedition.

Recd the following Bills from the Council Vizt

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

The Bill for dividing the County of Mecklenburg and other purposes,

The Bill to direct Sheriffs in levying executions and the disposal of Goods taken thereon,

The Bill for establishing a Town in Mecklenburg County.

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

The Bill for preventing abuses in taking up and secreting of stray Horses in the Counties therein mentioned.

Mr Charlton moved for leave to bring in 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.

Ordered he have leave accordingly.

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

Sent by Mr Shepard and Mr Brickell.

Mr Caswell moved for leave to present a Bill for the encouragement of an Iron Manufacture within this Province

Ordered he have leave accordingly.

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

Sent by Mr Kenan and Mr Bryan.

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Mr Robert Howe moved for leave to bring in a Bill for Triennial Assemblies and for regulating Elections.

Ordered he have leave accordingly.

Mr Spencer moved for leave to bring in a Bill for the relief of insolvent debtors &ca

Ordered he have leave accordingly.

Mr. Kenan moved for leave to bring in a Bill for appointing a Militia in this Province.

Ordered he have leave accordingly.

Mr Kenan pursuant to order presented a Bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County, which he read in his place, and delivered in at the Table where the same was again read by the Clerk passed, and ordered to be sent to the Council.

Sent by Mr Kenan and Mr Bryan.

The House took under consideration the petition of Tyree Harris and Resolved a Bill be prepared and brought in 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, and that Mr Maurice Moore prepare and bring in the same.

Then the House adjourned till 10 oClock tomorrow morning.


Friday November 18th 1768.

The House met according to adjournment.

Mr Respess moved for leave to absent [himself] from the service of the House till Monday next.

Ordered he have leave accordingly.

Mr Jacob Blount moved for leave to absent [himself] from the service of the House till tomorrow

Ordered he have leave accordingly

Mr Joseph Jones appeared,

Mr Branch presented a Certificate from the Court of Halifax County therein recommending Stephen Sebastan to be exempt from paying Public Taxes and Levies, Granted.

Mr Polk presented a certificate from the Court of Mecklenburg County, therein recommending Cuthburt Nichols to be exempt from paying Public Taxes, Granted.

Mr Person presented two certificates from the Court of Bute County, therein recommending Thomas Glover, William Moseley,

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and Thomas Merritt to be exempt from paying public Taxes, Granted.

Mr Spencer presented a Certificate from the Court of Anson County therein recommending William Noble to be exempt from the payment of Taxes—Granted,

On motion ordered the Bill for establishing a Town in Mecklenburg County, be read the second time, Read the same a second time amended passed and ordered to be sent to the Council,

On motion ordered the Bill for dividing Mecklenburg County be read a second time, Read the same a second time, amended passed, and ordered to be sent to the Council,

Sent the above two Bills by Mr Kenan and Mr Bryan,

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

On motion ordered the Bill for preventing abuses in taking up and secreting stray Horses in the Counties therein mentioned be read a second time, Read the same a second time, amended passed and ordered to be sent to the Council,

Sent the above two Bills by Mr Dawson and Mr Blount.

Recd from his Excellency a Written Message by Mr Edwards relative to, and accompanied with one hundred copies of a sermon preached by the Reverend Mr Micklejohn before the Troops at Hillsborough, which Message is as follows, (that is to say)

Mr. Speaker and Gentlemen of the House of Assembly,

By the particular request of the Reverend Mr Micklejohn, I desire leave in his behalf to present your House with one hundred copies of a sermon preached before the Troops at Hillsborough. The merit and beneficial tendency of this admirable discourse, gave general satisfaction to all who heard it delivered; a testimony it will undoubtedly receive from every one who reads with attention.

Wm. TRYON.

On motion ordered the Bill to provide a fund for defraying the Public debts, due from the Public of this Province be read a second time, Read the same a second time and rejected.

Mr Harris moved for leave to present a Bill to continue an Act concerning Vestries.

Ordered that he have leave accordingly.

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

Sent by Mr Lemon and Mr Branch.

Mr Moore according to order presented a Bill to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts of pleas and quarter sessions in the Counties therein mentioned, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Mr Robert Howe moved for leave to prepare and bring in a Bill for making commodities a legal tender in all payments of Debts.

Ordered he have leave accordingly.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday November 19th 1768.

The House met according to adjournment

Recd from the Council the following Message and Bills, Vizt.

Mr. Speaker and Gentlemen of the Assembly,

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

In the upper House 18th November 1768.

The Bill for dividing the County of Mecklenburg and other purposes, and,

The Bill for establishing a Town in Mecklenburg County, Endorsed, 18th November 1768, In the upper House read the second time, amended and passed,

The 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 District &ca

The Bill for the encouragement of an Iron Manufacture within this Province,

The Bill to continue an Act, Intitled an Act, concerning Vestries, and,

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The Bill for appointing Commissioners to build a prison, pillory and stocks on the lot, whereon the Court House now stands in Duplin County, Endorsed, 18th November 1768, In the upper House, read the first time and passed.

Mr Harnett moved for leave to bring in a Bill to continue an Act, Intitled an Act to amend an Act, for the Regulation of the Town of Wilmington.

Ordered he have leave accordingly.

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

Mr Harnett pursuant to order presented a Bill to encourage the importation of British Copper half pence, and for making them a tender for the payment of small debts, which he read in his place, and delivered in at the Table, where the same was again read by the Clerk passed and ordered to be sent to the Council.

Sent the above two Bills by Mr Spencer and Mr Rutherford.

On motion ordered the Bill for rating the several species of Foreign Coin therein mentioned and for making the same a tender in all payments be read a second time, read the same a second time amended passed, and ordered to be sent to the Council.

Sent by Mr Spencer and Mr Rutherford.

On motion ordered the Bill to direct Sheriffs in the disposal of Lands, goods and chattles taken on Execution be read the second time, Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Skinner and Mr Brickell.

On motion ordered the Bill to continue an Act, Intitled an Act concerning Vestries be read the second time, Read the same a second time passed and ordered to be sent to the Council.

On motion ordered the Bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County, be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council.

On motion ordered the Bill for the encouragement of an Iron Manufacture within this Province, be read the second time, Read the same a second time, amended passed, and ordered to be sent to the Council,

Sent the above three Bills by Mr Kenan and Mr Jones.

-------------------- page 942 --------------------

Mr Maurice Moore, moved for leave to absent himself from the Service of the House during the Session.

Ordered he have leave accordingly,

Mr Jacob Blount presented several Certificates from the Court of Craven County therein recommending Daniel Granade, Henry Shepard, Jacob Bell, Lattimer Ross, and Samuel Lambert all of Craven County to be exempt from paying public taxes and doing public duties Granted.

Then the House adjourned till 10 oClock Monday Morning.


Monday Morning November 21st 1768

The House met according to adjournment.

Mr Charlton moved for leave to present a Bill for establishing a Town on the land of Benjamin Wynns on Chowan River,

Ordered he have leave accordingly

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

On motion ordered the Bill for establishing a Town in Mecklenburg County, be read a third time, Read the same a third time, passed, and ordered to be sent to the Council.

On Motion ordered the Bill for dividing Mecklenburg County and other purposes be read the third time, Read the same a third time, amended passed, and ordered to be sent to the Council.

Sent the above three Bills by Mr Brickell and Mr Phifer,

Recd from the Council the Bill to amend and continue an Act Intitled an Act concerning Vestries, Endorsed, 21st November 1768, In the upper House read the second time, amended and passed.

The Bill to enlarge the time for Sheriffs to settle their Accounts with the Justices of the Inferior Courts &ca therein mentioned.

The Bill to encourage the importation of British Copper half pence, and for making them a tender for the payment of small debts, and,

The Bill to continue an Act Intitled an Act for the regulation of the Town of Wilmington. Endorsed 21st November 1768. In the upper House read the first time and passed.

Mr Hewes moved for leave to present a Bill for vesting the school House in Edenton in Trustees.

Ordered he have leave accordingly.

-------------------- page 943 --------------------

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

On motion ordered the Bill to continue an Act to amend an Act for the regulation of the Town of Wilmington, be read a second time, Read the same a second time, amended, passed and ordered to be sent to the Council.

On motion ordered the Bill to encourage the importation of British Copper half pence, and for making them a tender for the payment of small debts, be read the second time, Read the same a second time, amended, passed and ordered to be sent to the Council.

Mr Person moved for leave to present a Bill to relieve such persons who have purchased Lands sold by execution and have not obtained Titles for the same.

Ordered he have leave accordingly.

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

Sent the above four Bills by Mr Brickell and Mr Phifer,

Mr John Ashe presented the affidavit of William Moore setting forth &ca

[William Moore of Pitt County Esquire being of full age deposeth and saith that he was at the Court House in Pitt County on the fourth Tuesday in the Month of October one thousand seven hundred and Sixty Eight one of the Times mentioned in the Inferior Court Law for holding the Inferior Court of that County where there were many of the Justices of the said County present that it was the General Topic of Discourse amongst some of them that they could do no Business and the reason assigned for it was that they did not want a List of Taxables return'd to Court because if it was they were apprehensive of being without a Sheriff as there was hardly any one who would choose to accept of that office on account of the Difficulty and Hazard that Attended the Collection of ye Taxes. And this Deponent further saith that the above mentioned reason was either before or at the Court given by John Simpson and John Tyson Esquires.

WILLIAM MOORE

Sworn to before me this 21st day of November 1768
M. Howard C. J.]
-------------------- page 944 --------------------

Ordered a Committee be appointed to examine into the facts set forth in the said Affidavit, and Mr Ashe, Mr Johnston, Mr Montford, Mr Harnett, Mr Charlton, Mr Hewes, Mr Robert Howe, Mr Caswell and Mr Person are appointed accordingly, and that the said Committee have full power and authority to send for papers, persons, and records for their information; and report to this House their proceedings thereon.

Mr Montford moved for leave to present a Bill to amend an Act Intitled an Act, for establishing public ware houses in the Town of Halifax and Campbelton for the Inspection of Hemp and Flax and other purposes.

Ordered he have leave accordingly.

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

Mr Montford moved for leave to present a Bill to expedite the collecting of Public Taxes, defraying the charges of Government and other purposes.

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

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

Sent the above two Bills by Mr Brickell and Mr Phifer.

Recd from the Council the Bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County.

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

The Bill for preventing the frequent abuses, in taking up and secreting stray Horses in the Counties therein mentioned, Endorsed, 21st November 1768, In the upper House, read the second time amended and passed.

Mr Fanning pursuant to order, presented a Bill for the more easy and speedy recovery of small debts, and other purposes, which he read in his place, and delivered in at the Table where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Mr Kenan according to order presented a Bill for establishing a Militia, which he read in his place and delivered in at the Table,

-------------------- page 945 --------------------
where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Sent the above two Bills by Mr Kenan and Mr Rutherford.

On motion ordered the Bill to enlarge the time for Sheriffs to settle their accounts with the Justices of the Inferior Courts &ca therein mentioned, be read the second time, read the same a second time, and passed, and ordered to be sent to the Council.

On motion ordered the Bill for preventing the frequent abuses in taking up and secreting stray horses be read the third time, read the same a third time, amended passed and ordered to be sent to the Council.

Sent the above two Bills by Mr Kenan and Mr Rutherford.

Mr Harris moved for leave to present a Bill for destroying crows and squirrels in the several counties therein mentioned,

Ordered he have leave accordingly.

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

Mr Bryan pursuant to order [presented] a Bill for Erecting the lower part of Orange County and the upper part of Johnston County into one distinct County and Parish, and for adding part of Dobbs County to Johnston County which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed, and ordered to be sent to the Council.

Sent by Mr Bryan and Mr Hardy.

On motion Mr Fanning is discharged from bringing in a Bill pursuant to the petition of the Inhabitants of Cumberland and Orange Counties for erecting a County out of the said two Counties, and ordered the same lie for consideration till next Session of Assembly.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday November 22nd 1768.

The House met according to adjournment.

Mr John Bradford appeared.

On motion ordered the Bill to amend and continue an Act Intitled an Act concerning Vestries, be read the third time, read the same a third time, passed and ordered to be sent to the Council

Recd from the Council the following Bills Vizt.

The Bill to encourage the importation of British Copper half

-------------------- page 946 --------------------
pence, and for making them a tender for the payment of small debts, Endorsed, 22nd November 1768, In the upper House read the second time and passed.

The Bill to establish a Militia in this province, and

The Bill to expedite the collecting Public Taxes, defraying the charges of Government &ca, Endorsed, 22nd November 1768, In the upper House, read the second time and passed.

Recd from his Excellency the Governor a written Message, by Mr Edwards, to wit,

Mr. Speaker and Gentlemen of the House of Assembly,

I herewith transmit you a letter from James Kennedy with an Account of the damages which he sustained by a robbery committed by some persons who have since been publicly executed for their villainy. It only therefore remains for me to recommend him to you for such a share of your benevolence as you think the nature of his unfortunate case may require,

Wm. TRYON.

And also the letter and account therein mentioned.

Resolved the said Letter and Account lie for consideration,

Mr Johnston moved for leave to present a Bill concerning free Negroes in this Province,

Ordered he have leave accordingly.

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

Sent by Mr Hewes and Mr Howe,

On motion ordered the 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 &ca, be read the second time, Read the second time amended, passed and ordered to be sent to the Council

Sent by Mr Hewes and Mr Howe.

Recd from the Council the following Bills, to wit,

The Bill to relieve such persons who have purchased lands sold by execution and have not obtained Titles for the same, Endorsed, 22d November 1768, In the upper House, read the first time and passed,

-------------------- page 947 --------------------

The Bill to direct Sheriffs in levying Executions and the disposal of Lands, goods and chattels, taken thereon, Endorsed, In the upper House read the second time amended & passed.

The Bill for the more easy and speedy, recovery of small debts and other purposes, Endorsed, 22nd November 1768, In the upper House read the first time and passed,

The Bill to amend an Act, Intitled an Act, for establishing Public Ware Houses, in the Towns of Halifax and Campbleton for the Inspection of hemp and flax and other purposes Endorsed 22d November, 1768, In the upper House, read the first time and passed,

The Bill for establishing a Town on the Lands of Benjamin Wynns, on Chowan River, Endorsed, 22nd November 1768 In the upper House read the first time and passed,

The Bill for vesting the school House in Edenton in Trustees. Endorsed 22nd November 1768, In the upper House read the first time & passed,

The Bill for the encouragement of an Iron Manufacture in this Province, Endorsed, 22d November 1768, In the upper House read the second time, amended and passed, and,

The Bill for destroying crows and squirrels therein mentioned, Endorsed 22d November 1768, In the upper House read the first and passed,

On motion, Resolved that a Captain commandant appointed by his Excellency and fifteen men be employed to garrison Fort Johnston, and that the said Captain be allowed six shillings and eight pence p. Diem, and each man one shilling and four pence p. Diem; and eight pence p. Diem for subsistance for one year, and from thence to the end of the next Session of Assembly.

On motion ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

This House have Resolved, that a Captain commandant appointed by his Excellency, and fifteen men be employed to Garrison Fort Johnston and that the said Captain be allowed six shillings and eight pence p. Diem; and each man one shilling and four pence p. Diem, and eight pence p. Diem, for subsistance, for one year; and from thence to the end of the next Session of Assembly to which we desire your Honors concurrence.

JOHN HARVEY Sp.
-------------------- page 948 --------------------

Sent by Mr Hewes and Mr Howe.

On motion ordered the Bill for vesting the School House in Edenton in Trustees be read a second time, read the same a second time, amended and passed and ordered to be sent to the Council.

Sent by Mr Hewes and Mr Howe.

Mr Spencer moved for leave to present a Bill for altering the times of holding the Inferior Courts of the Counties therein mentioned.

Ordered he have leave accordingly.

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

Sent by Mr Hewes and Mr Howe.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday 23d November 1768.

The House met according to adjournment.

Mr Ashe presented a Certificate from the Court of Beaufort County therein recommending John Robinson of said county to be exempt from paying Public Duties and Taxes, Granted, and also one other Certificate from the said Court therein recommending John Mayo to be exempt from paying Public Taxes, and doing Public duties—Granted.

Mr Ashe presented the Petition of Joseph Kirkland setting forth that he went in pursuit of and took into Custody Thomas and Richard Seymore, and Noel Williams three Notorious Villains &ca Praying the reward that is usually allowed by the Public for the taking and securing outlawed and notorious thieves, and robbers and for sundry expences by him incurred in conveying the said three villains to the Gaol of Wilmington District.

The House taking the same under consideration, Resolved, that the said Joseph Kirkland be allowed one hundred pounds proc. money for his said service and expences, and that the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

This House herewith send you the petition of Joseph Kirkland which we have taken under consideration, and Resolved, the said Joseph Kirkland 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.


23d November 1768,
JOHN HARVEY Sp
-------------------- page 949 --------------------

Mr Blount moved for leave to present a Bill to amend the several Acts for regulating the Town of New Bern,

Ordered he have leave accordingly.

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

Sent by Mr Shepard and Mr Branch, and also the above mentioned Message and Petition.

Recd from the Council the following Bills, to wit,

The Bill for establishing a Town in Mecklenburg County, and

The Bill for dividing the County of Mecklenburg, Endorsed, 23d November 1768, In the upper House read the third time and passed. Ordered to be engrossed, and,

The 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, Endorsed, 23rd November 1768, In the upper House read the first time and passed,

Recd from the Council the Resolve of this House relative to a Captain Commandant and fifteen men to Garrison Fort Johnston, Endorsed 23d November, In the upper House, concurred with

JAMES HASELL, P. C.

On motion ordered the Bill to direct Sheriffs in levying executions, and the disposal of goods taken thereon, be read the third time, read the same a third time passed and ordered to be sent to the Council.

On motion ordered the Bill for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County, be read the third time, read the same a third time amended passed and ordered to be sent to the Council,

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

On motion ordered the Bill to encourage an Iron Manufacture within this Province, be read the third time, read the same a third time, amended, passed and ordered to be sent to the Council

Sent the above four Bills by Mr Kenan and Mr Spencer.

-------------------- page 950 --------------------

On motion ordered the Resolve of this day be sent to his Excellency for his Assent, and also the following message, to wit,

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

Sir,

This House sends a Resolve of this House relative to a Captain Commandant and fifteen men to Garrison Fort Johnston to which his Majesty's Honble Council have concurred, this House therefore desire your Excellency will be pleased to assent to the said Resolve.

JOHN HARVEY, Sp.

23d November 1768.

Sent by Mr Robert Howe.

Mr Harnett presented the petition of Marmaduke Jones Esquire, praying to be allowed a claim for fees as Attorney General with an account thereof annexed, which was read,

Resolved the said petition and Account be referred to the Committee of Claims.

Mr Fanning moved for leave to present a Bill to amend and explain an Act Intitled an Act, for establishing an Orthodox Clergy.

Ordered he have leave accordingly.

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

On motion ordered the Bill for the more easy and speedy recovery of small debts and other purposes be read a second time, read the same a second time, amended passed and ordered to be sent to the Council.

Mr Robert Howe moved for leave to bring in a Bill for granting to his Majesty a duty upon the tonage of Ships and other Vessels coming into this Province and other purposes.

Ordered he have leave accordingly.

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

Sent the above three Bills by Mr Haywood and Mr Bradford.

On motion ordered the Bill to Expedite the collecting Public Taxes defraying the charges of the Government and other purposes

-------------------- page 951 --------------------
be read the second time, read the same a second time amended passed and ordered to be sent to the Council.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday November 24th 1768.

The House met according to adjournment.

Mr Caswell moved for leave to bring in 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 according to Law and to impower the said Trustees to collect the subscriptions due to the said school.

Ordered he have leave accordingly.

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

Mr Polk moved for leave to bring in a Bill to amend an Act Intitled an Act concerning Marriages.

Ordered he have leave accordingly.

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

On motion ordered the Bill for Erecting 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 &ca be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council.

Mr Ashe from the Committee appointed to examine into the Facts alledged in the affidavit of William Moore, Reported that they had proceeded to examine the matter in the said affidavit contained, and that the said Committee are of opinion that the facts contained in the said deposition is supported.

JOHN ASHE, Chair

Dated 21st November 1768.

On motion ordered the Bill to amend an Act for establishing Public Ware Houses in the Towns of Halifax and Campbleton, be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council.

Mr Hewes moved for leave to present a Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities.

Ordered he have leave accordingly.

-------------------- page 952 --------------------

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

Mr Harris moved for leave to present a Bill to amend an Act Intitled an Act to prevent killing of deer at unseasonable times, and for putting a stop to many abuses committed by white persons under pretence of hunting.

Ordered he have leave accordingly.

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

Recd from the Council the following Bills Vizt

The Bill to amend and explain an Act, Intitled an Act, for dividing this Province into six several Districts &ca

The Bill for continuing an Act, Intitled an Act to amend an Act, for the regulation of the Town of Wilmington, The former Endorsed, 22d November 1768. The latter Endorsed, 23d November 1768, In the upper House read the second time amended and passed, and,

The Bill to amend and explain an Act, Intitled an Act, for establishing an Orthodox Clergy, Endorsed 24th November 1768, In the upper House read the first time and passed, and also,

The Resolve of this House for allowing Joseph Kirkland one hundred pounds &ca, Sent to His Majesty's Honble Council yesterday for concurrence, Endorsed, 23d November 1768, In the upper House, concurred with,

JAMES HASELL, P. C.

Resolved, the said Resolve be sent to His Excellency the Governor for his Assent, and also the following Message Vizt.

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

Sir,

This House herewith send your Excellency a Resolve thereof for an allowance of one hundred pounds to Joseph Kirkland for his service done the Public by apprehending three notorious villains (who have since for the villainies been executed) to which Resolve his Majesty's Honble Council have concurred, therefore desire your Excellency will be pleased to assent to the said Resolve,

JOHN HARVEY Sp.

24th November 1768.
-------------------- page 953 --------------------

Sent by Mr Spencer and Mr Blount,

The House taking into consideration the report of the Committee appointed to examine into the facts mentioned in the deposition of William Moore,

Resolved the said John Simpson in the deposition mentioned and charged, and one of the Members of this House is guilty of a high misdemeanor, and that his conduct in preventing the sitting of the Inferior Court of Pitt County is greatly injurious to the Public and detestable to this House, Therefore it is further

Resolved that the said John Simpson do appear at the Bar of this House, and there receive for such his Conduct a severe censure and reprimand from Mr Speaker,

Pursuant to which Mr Simpson appeared at the Bar of this House and there received a severe censure and reprimand from Mr Speaker.

Mr Robert Howe, pursuant to order presented a Bill for Triennial Assemblies in this Province which he read in his place and delivered in at the Table, where the same was again read by the Clerk, passed and ordered to be sent to the Council.

Recd from the Council the following Bills, to wit,

The Bill to enlarge the time for Sheriffs to settle their accounts with the Justices of the Inferior Courts. Endorsed, 24th November, 1768, In the upper House, read the second time amended and passed.

The Bill for vesting the School House in Edenton in Trustees, Endorsed, 24th November 1768, In the upper House, read the second time, amended and passed.

The Bill for granting to His Majesty a duty upon the Tonage of Ships and Vessels &c.a

The Bill to amend an Act, Intitled an Act concerning marriages.

The Bill for altering the times of holding the Inferior Courts of the Counties therein mentioned.

The Bill concerning free negroes in this Province.

The 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 &c.a Endorsed, 24th November 1768, In the upper House read the first time and passed.

On motion ordered the Bill for establishing a Militia in this Province be read the second time, read the same the second time amended passed and ordered to be sent to the Council.

Mr Blount presented three Certificates from the Court of Craven, therein recommending Robert Taylor, Henry Woof and John Wallen

-------------------- page 954 --------------------
to be exempt from paying public taxes, and doing public duties. Granted.

Mr Rutherford moved for leave to present a Bill to amend an Act to restrain the keeping of too many horses and mares, in the counties therein mentioned, and for amending the breed.

Ordered he have leave accordingly.

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

On motion ordered the Bill for destroying Crows and squirrels in the several Counties therein mentioned be read the second time, read the same the second time amended passed and ordered to be sent to the Council.

Sent the above Bills by Mr Rutherford and Mr Phifer,

Then the House adjourned till 10 oClock tomorrow morning.


Friday November 25th 1768

The House met according to adjournment.

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

On motion ordered the Bill for vesting the School House in Edenton, in Trustees &ca be read the third time, Read the same a third time, passed, and ordered to be sent to the Council

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

On motion ordered the Bill concerning Free Negroes be read the second time, Read the same a second time and Rejected.

On motion ordered the Bill to encourage the importation of British half pence, and making them a tender in the Payment of small debts be read a third time, Read the same a third time passed and ordered to be sent to the Council

On motion ordered the Bill for establishing a Town on the Lands of Benjamin Wynns on Chowan River be read a second time, Read the same a second time, amended passed and ordered to be sent to the Council

-------------------- page 955 --------------------

On motion ordered the Bill to relieve such persons who have purchased lands sold by Execution and have not obtained Titles to the same, be read a second time, Read the same a second time, passed and ordered to be sent to the Council,

Sent the above six Bills by Mr Phifer and Mr Rutherford

On motion ordered the Bill to amend and explain an Act, Intitled an Act, for dividing this Province into six several Districts &ca be read the third time, Read the same a third time, passed, and ordered to be sent to the Council

Sent by Mr Spencer and Mr Francis Ward,

Recd from the Council the following Bills, Vizt.

The Bill for erecting the lower part of Orange County and the upper part of Johnston County into a distinct County and Parish, and for adding part of Dobbs County to Johnston County, Endorsed 25th November 1768, In the upper House read the second time amended and passed

The Bill to amend an Act, Intitled an additional Act, to an Act, to prevent killing Deer at unseasonable times,

The Bill to amend an Act, Intitled an Act, to restrain the keeping of too great a number of horses and mares &ca.

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

The Bill for Triennial Assemblies in this Province, Endorsed, 25th November 1768, In the upper House read the first time and passed,

And also the following Message Vizt.

Mr. Speaker and Gentlemen of the Assembly,

The Bill to expedite the collecting the 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 statement of the several debts actually due and intended to be secured and discharged in the manner therein proposed.

25th November 1768, In the upper House

-------------------- page 956 --------------------

On motion ordered the Bill to amend and explain an Act, Intitled an Act for establishing an Orthodox Clergy be read a second time, read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Spencer and Mr Francis Ward.

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

Gentlemen of His Majestys Honble Council,

This House 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 Sp.

28th November 1768.

Sent by Mr Spencer and Mr Ward

On motion ordered the Bill to continue an Act Intitled an Act, to amend an Act, for the regulation of the Town of Wilmington be read the third time, read the same a third time, amended passed and ordered to be sent to the Council,

Sent by Mr Spencer and Mr Frans Ward

Recd from the Council the Bill 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. Endorsed, 25th November, In the upper House read the second time and passed.

The Bill to relieve such persons who have purchased lands sold by execution and have not obtained Titles to the same, and,

The Bill for establishing a Town on the lands of Benjamin Wynns on Chowan River, Endorsed, 25th November 1768, In the upper House read the second time amended and passed

On motion ordered the Bill to direct Sheriffs in levying executions and the disposal of goods and chattels taken thereon be read the third time, read the same a third time, amended passed, and ordered to be sent to the Council,

Sent by Mr Spencer and Mr Francis Ward

On motion ordered the Bill to amend an Act Intitled an additional Act to an Act, to prevent killing Deer at unseasonable times &ca be

-------------------- page 957 --------------------
read the second time, read the same a second time, amended passed and ordered to be sent to the Council.

On motion ordered the Bill for Triennial Assemblies in this Province be read the second time, read the same a second time passed and ordered to be sent to the Council.

On motion ordered the Bill to restrain the keeping too great a number of horses and mares in the counties therein mentioned be read a second time, read the same a second time, amended passed and ordered to be sent to the Council

Sent the above three Bills by Mr Harris and Mr Branch,

Then the House adjourned till 10 oClock tomorrow morning.


Saturday November 26th 1768.

The House met according to adjournment

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

On motion ordered the Bill to relieve such persons who have purchased Lands sold on Execution and have not obtained titles for the same, be read the third time, read the same a third time, passed and ordered to be sent to the Council.

Sent to the Council by Mr Bradford and Mr Shepard.

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

On motion ordered the Bill for establishing a Town on the Land of Benjamin Wynns on Chowan River be read the third time, read the same a third time, amended, passed and ordered to be sent to the Council.

Sent the above two Bills by Mr Bradford and Mr Shepard.

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

On motion ordered the Bill for altering the times of holding the Inferior Courts of the several Counties therein mentioned, be read

-------------------- page 958 --------------------
the second time, read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Spencer.

Mr Robert Howe acquainted the House, that one John Barnes of Brunswick County in assisting the Sheriff in taking Thomas Dinney and John Bacon who were in the Sheriff's Custody and had escaped, was stabbed in the side and had his right arm shot off, by one of the said Felons.

Therefore moved the House would Resolve to make a suitable allowance to said John Barnes, (for such his service) towards the support of himself and Family.

The House taking the same into consideration, Resolved the said John Barnes be allowed one hundred pounds for his said service, towards the support and maintenance of himself and family, and that the following Message be sent to the Council, 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 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 Honours concurrence to the said Resolve.

JNO. HARVEY Sp.

26th November 1768.

Mr Benton moved for leave to absent himself from the service of the House during this Session.

Ordered he have leave accordingly.

On motion ordered the Bill for granting to His Majesty a duty upon the Tonage of Ships and Vessels coming into this Province &ca be read a second time, read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Howe and Mr Bryan.

Then the House adjourned till 10 oClock tomorrow morning.


Monday November 28th 1768

The House met according to adjournment.

Recd from his Excellency the Governor the following written Message,

-------------------- page 959 --------------------

Mr. Speaker and Gentlemen of the House of Assembly,

I return you the Resolve of the appointment of fifteen men to Garrison Fort Johnston, Also the Resolve that Joseph Kirkland be allowed one hundred pounds for his services and expences in apprehending the Felons you mention, to both which Resolves I have given my assent.

Wm. TRYON.

And also the Resolves therein mentioned.

Recd the following Bills from the Council, Vizt,

The Bill to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy,

The Bill to amend an Act for establishing public Ware Houses in the Towns of Halifax and Campbelton for the inspection of hemp and flax and other purposes.

The Bill for Triennial Assemblies in this Province. Endorsed, 26th November 1768, In the upper House read the second time and passed.

The Bill to amend an Act Intitled an additional Act to an Act to prevent killing Deer at unseasonable times &ca, and,

The Bill for the more easy and speedy recovery of small debts and other Purposes. Endorsed, 28th November 1768, In the upper House read the second time amended & passed.

On motion ordered the Bill to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy be read the third time, Read the same a third time, amended passed and ordered to be sent to the Council.

On motion ordered the Bill for the more easy and speedy recovery of small debts, and other purposes, be read a third time, Read the same a third time, amended passed and ordered to be sent to the Council.

On motion ordered the Bill to amend an Act for establishing public Ware Houses in the Towns of Halifax and Campbelton be read the third time, Read the same a third time, passed and ordered to be sent to the Council.

Sent the above three Bills by Mr Haywood and Mr Blinn,

Recd from the Council the following Bills, Vizt

The Bills for granting to his Majesty a duty upon the Tonage of Ships and other Vessels coming into this Province &ca Endorsed 28th November 1768, In the upper House read the second time and passed.

-------------------- page 960 --------------------

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

The Bill for establishing a Militia in this Province, Endorsed, 28th November 1768, In the upper House read the second time amended and passed,

Recd from the Council the Bill to expedite the collecting Public Taxes defraying the Charges of Government &ca Endorsed, 28th November 1768, In the upper House read the second time and passed,

On motion ordered the Bill, for establishing a Militia in this Province, be read a third time, Read the same a third time amended passed and ordered to be sent to the Council,

Sent by Mr Robert Howe and Mr Hewes.

Recd from the Council the Bill to direct Sheriffs in levying executions, and the disposal of lands goods and chattels taken thereon, Endorsed, 28th November 1768, In the upper House read the third time and passed, Ordered to be engrossed,

Recd the following Message from the Council, Vizt

Mr. Speaker and Gentlemen of the House of 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 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,” We observe in the second Section of this Bill relative to the payment of the associates for one year the word annually has been omitted to be deled in your House agreeable to the intention of the said Bill. We also observe that you have deled the clause relative to the non payment of cost of suit by a Plaintiff when the Defendant proves Insolvent, which clause we propose should be steted; If you agree to these amendments please send two of your Members to see the same made,

28th November 1768. In the upper House.

Received from the Council the following Bills, to wit,

The Bill to amend and continue an Act, Intitled an Act concerning Vestries,

The Bill for preventing the frequent abuses in taking up and secreting stray horses in the counties therein mentioned,

-------------------- page 961 --------------------

The Bill to continue an Act, Intitled an Act, to amend an Act, for the regulation of the Town of Wilmington,

The Bill to direct Sheriffs in the levying executions and the disposal of goods and chattels taken therein, Endorsed, 28th November 1768, In the upper House read the third time and passed, Ordered to be engrossed.

Mr Fanning moved for leave to present a Bill for lessening the number of public claims, diminishing the public debts and relieving the present burden of taxation on the poor,

Ordered he have leave accordingly.

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

Sent by Mr Robert Howe and Mr Hewes

Mr Bartram moved for leave to absent himself from the service of the House during this Session,

Ordered he have leave accordingly.

Ordered the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

In answer to your Message this House agree that the word annually shall be stricken out and send Mr Hewes and Mr Johnston to see the amendment made, but cannot agree to the steting of that clause relative to the non payment of cost of suit by a Plaintiff when the Defendant proves Insolvent, and hope your Honors will pass the Bill with the above amendment

JOHN HARVEY Sp.

28th November 1768.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday November 29th 1768.

The House met according to adjournment.

On motion ordered the Bill to amend an Act, Intitled an Additional Act, to an Act to prevent killing Deer at unseasonable times &ca be read a third time, read the same a third time, amended passed and ordered to be sent to the Council,

Sent by Mr Bradford and Mr Branch.

Recd from the Council the Bill for lessening the number of Public Claims, diminishing the weight of Public Debts, and relieving the

-------------------- page 962 --------------------
present burden of Taxation on the poor, Endorsed, 28th November 1768, In the upper House, read the first time and passed,

And also the following Message, 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 establishing an Orthodox Clergy, We propose the words and received inserted in your House on a third reading be deled, to which if you agree please send two of your members to see those words deled accordingly


29th November 1768.

On motion ordered the Bill for lessening the number of Public Claims diminishing the weight of Public Debts, and relieving the present burden of Taxation on the poor, be read the second time, read the same a second time and rejected.

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

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 received, and hope your Honors will pass the said Bill as sent you from us.

JOHN HARVEY Sp.

29th November 1768.

Sent by Mr Bradford and Mr Branch.

On motion ordered the Bill for altering the times of holding the Inferior Courts of the counties therein mentioned, be read a third time, read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Bradford and Mr Branch.

Recd from the Council the Bill for destroying crows and squirrels in the several counties therein mentioned, Endorsed, 29th November, In the upper House, read the second time and passed.

And the Bill to amend an Act, Intitled an Act, to restrain the keeping too great a number of horses and mares and for amending the breed, Endorsed, 29th November 1768, In the upper House, Read the second time and passed.

-------------------- page 963 --------------------

Mr Fanning presented several certificates from the Court of Orange County therein recommending William McCrackin, Dirck Holsenpeak, William Berry, James McGoon, James Laterfied, James Thomas and Thomas Cale to be exempt from paying Public Taxes. Granted.

On motion ordered the Bill for destroying crows and squirrels in the several counties therein mentioned, be read a third time, Read the same a third time, amended, passed and ordered to be sent to the Council.

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

Sent the above two Bills by Mr Joseph Jones and Captain Ward.

Mr Fanning moved for leave to absent himself from the service of the House during the Session.

Ordered he have leave accordingly.

On motion ordered the Bill for Triennial Assemblies in this Province be read a third time, Read the same a third time, amended, passed and ordered to be sent to the Council,

On motion ordered the Bill to expedite the collecting public taxes, defraying the charges of Government and other purposes be read a third time, Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Phifer.

On motion ordered the Bill for granting to his Majesty a duty on the Tonage of Ships and other Vessels coming into this Province be read a third time, Read the same a third time and Rejected.

The House being acquainted by the Clerk that for want of a proper place for depositing and safe keeping the papers, journal books &ca of the Assembly several of which in part are eaten by rats and mice and some totally destroyed, and those journals that are perfect lie in small paper books, so that an application of the members of the House and others for papers and copies thereof, proves almost fruitless, Therefore it is

Resolved and ordered that the Clerk of the Assembly provide a House in the Town of New Bern as and for an office for the Clerk of the Assembly for the time being, and that such Clerk lock up all papers in his Custody, belonging to this House, and file the same in order, in proper cases to be by him furnished; and also a large folio book, and enter all the journals since April Session, 1760, therein, for

-------------------- page 964 --------------------
which House rent service and expence the said Clerk shall be paid by the Assembly, and also for transcribing the said journals into the said book to be furnished as aforesaid, shall have and receive the same allowance for transcripts of the Journals of this House to his Excellency the Governor.

Mr Simpson moved for leave to absent himself from the service of the House during this Session.

Ordered he have leave accordingly.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday November 30th 1768.

The House met according to adjournment.

Mr Fanning from the Committee appointed to enquire into the state of the Public Funds reported that by reason of the Assembly being called sooner than was expected they were not sufficiently furnished with vouchers, accounts and proofs, so as to enable the said Committee to make a full and perfect Report this Session, and that they think it necessary that the Committee should be continued to the next Session for further enquiry, at which time they flatter themselves that they will be capable of making a full, true, and just report of the state of the Public Funds. They further Report, that three shillings for the sinking fund will expire in the collection of the Public Tax for the year one thousand seven hundred and sixty eight; to be collected in the year one thousand seven hundred and sixty nine.

On motion, Resolved the said Committee be continued till the next Session of Assembly.

Recd from the Council the Bill to amend an Act Intitled an Act to restrain the keeping too great a number of horses and mares, and for amending the breed. Endorsed 29th November 1768, In the upper House, Read the third time and passed. Ordered to be engrossed.

The Bill for appointing commissioners to build a prison pillory and stocks on the lot whereon the Court House now stands in Duplin County. Endorsed 24th November 1768, In the upper House, Read the third time and passed. Ordered to be engrossed.

The Bill to amend and explain an Act Intitled an Act for Establishing an Orthodox Clergy. Endorsed, 29th November 1768, In the upper House, Read the third time passed. Ordered to be engrossed.

-------------------- page 965 --------------------

And the Bill to encourage the importation of British copper half pence and for making them a tender for the payment of small debts. Endorsed 28th November 1768, In the upper House, Read the third time and passed. Ordered to be engrossed.

Recd from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

On 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 service 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.

30th November 1768, In the upper House.

Ordered the following Message be sent to the Council, 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 clause steted.

JOHN HARVEY Speaker

30th November 1768.

Recd the following Message from the Council Vizt.—

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 tryal of rioters &ca, 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 twenty shillings and upwards where a party shall think himself agrieved. If you agree to these amendments please send some of your members to see the alterations inserted in the said Bill.

-------------------- page 966 --------------------
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 & good order of Society and the constitution of their country and encouraged by an expectation of escaping punishment by being rescued out of the custody of the Law by their Confederates & Abettors their offences being Triable by a late Act of Assembly passed at Newbern on the 5th day of December in the year of our Lord one thousand seven hundred & sixty seven 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 and insurrections whenever three or more persons shall have been generally concerned in which case it shall and 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 offence shall have been committed, any thing in the last mentioned Act to the contrary notwithstanding

30th November 1768. In the upper House.

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

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 the 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 Courts in particular instances, that Clause being foreign to the Bill and expressly contrary to the sentiments of this House.

JOHN HARVEY, Sp.

30th November 1768.
-------------------- page 967 --------------------

Recd from the Council the 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, Endorsed 29th November 1768, In the upper House, read the third time and passed, Ordered to be engrossed,

Mr Johnston presented the Petition of John Clitherall which was read, as follows, to wit,

To the Honble, The House of Burgesses now sitting at New Bern for the dispatch of Public Business,

The Petition of John Clitherall of New Bern, Merchant, Humbly

Sheweth,

That on the 22d of January last your petitioner had a valuable Negro man slave named Nero, stabbed with a knife at the door of his Cabbin in the night time, by one Benjamin Parfitt a Seaman, who after having been in Custody for the said offence made his escape, The said negro slave in a few days afterwards, Vizt on the 30th of January last died of the stab he received as above mentioned all which your petitioner is ready to prove by sufficient evidences, and therefore humbly prays that he may be allowed his Claims of the value of the said negro, and as in duty bound will ever pray.

JOHN CLITHERALL.

Resolved, the House will not allow any claim of such sort, and rejected the Petition accordingly,

Recd from the Council the following Message Vizt.

Mr. Speaker and Gentlemen of the Assembly,

We have read for the third time, the Bill to expedite the collecting 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, shall not exceed twenty thousand pounds, instead of the sum at present in the Bill.

That the Tax for redeeming the Debentures be only one shilling instead of two shillings 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 Debentures

-------------------- page 968 --------------------

That the Clause for repealing the Act passed last Session for laying a tax be expunged.

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 to send such of your Members, as you think proper to see the amendment made

30th November 1768. In the upper House.

Recd from the Council the Resolve of this House of the 26th Instant relative to the allowance of John Barnes of one hundred pounds, Endorsed 29th November 1768, In the upper House concurred with

JAMES HASELL P. C.

Ordered the said Resolve with the following Message be sent to His Excellency the Governor,

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

Sir,

This House send your Excellency herewith a Resolve thereof of the 26th Instant relative to an allowance of one hundred pounds to John Barnes; to which His Majesty's Honorable Council have concurred and desire your Excellency will be pleased to assent to the said Resolve,

JOHN HARVEY Sp.

30th November 1768.

Sent by Mr Thos. C. Howe and Mr Jos. Moore,

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

Gentlemen of His Majesty's Honble Council,

In answer to your Message relative to the Bill 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 compliance with the ordinary forms 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.


30th November 1768.
JOHN HARVEY Sp.
-------------------- page 969 --------------------

Sent by Mr Thos. C. Howe and Mr Jas. Moore.

Recd from the Council the following Message, Vizt,

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 of the Inferior Courts of pleas and quarter Sessions in the Counties therein mentioned,

We propose to have inserted in the Clause for impowering the Governor to appoint Collectors of Taxes where there are are no Sheriffs, after the words Public Taxes, 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 November 1768, In the upper House.

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

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 agree to the amendments by you proposed, and have sent Mr Johnston and Mr Hewes to see the words now due or that may hereafter become due from such County inserted in the said Bill.

JOHN HARVEY Sp.

30th November 1768.

In consequence of a Resolve of this House last Session directing the Speaker thereof to furnish 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, &ca, He had sent to London for Robes, Mace &ca, but has since received for Answer, that the Mace and the Robes usually worn are of several prices which he laid before the House, and desired the direction thereof, as to the price of the said Mace and Robes; Whereupon the House Resolved that the two silver Maces of about two feet long and gilded weighing about one hundred ounces do not exceed the sum of one hundred and fifteen pounds sterling, and that the Robes for Mr Speaker do not exceed the sum of fifteen pounds sterling.

On motion ordered the Bill to amend the several Acts for the regulation of the Town of New Bern be read the second time, read

-------------------- page 970 --------------------
the same a second time. Then the motion was made and the question put that the said Bill be rejected and carried in the affirmative.

Then the House adjourned till 4 oCclock in the afternoon.

P. M. The House met according to adjournment.

Recd from the Council the 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, and,

The Bill to amend an Act, for establishing Public Ware Houses in the Town of Halifax and Campbelton for the Inspection of hemp and flax and other purposes, Endorsed, 28th November 1768, In the upper House read the third time and passed. Ordered to be engrossed.

Recd from the Council the Bill for establishing a Militia in this Province, and,

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, Endorsed, 30th November 1768, In the upper House read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday December 1st 1768.

The House met according to adjournment.

Mr Charlton moved for leave to absent himself from the service of the House during this Session,

Ordered he have leave accordingly

Recd from the Council the Bill for establishing a Town on the Lands of Benjamin Wynns on Chowan River,

The Bill for vesting the School House in Edenton in Trustees, Endorsed, 29th November, In the upper House read the third time and passed. Ordered to be engrossed.

The Bill to relieve such persons who have purchased lands sold by executions and have not obtained Titles to the same, Endorsed 28th November, 1768, In the upper House read the third time and passed. Ordered to be engrossed, and,

The Bill to amend an Act Intitled an additional Act, to 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,

-------------------- page 971 --------------------
and other purposes, Endorsed 29th November 1768, In the upper House, read the third time and passed. Ordered to be engrossed.

Recd from the Council the following Message

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 priviledges of the respective Houses, and as the Bill for authenticating the debts due from the Public &ca, could not in its general scope and tendency be deemed a money Bill, without falling within the perview 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 objection 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 great part of the money advanced upon the faith and security of that Grant, without violation 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 circumstances of this Province ought to be postponed to the most distant period.

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

3dly Because the sum of twenty thousand pounds is more than sufficient to defray the expence of the Western expedition, the expence

-------------------- page 972 --------------------
of running the dividing line, the charge of Garrisons and arrears of Public Officers salaries, the claims of last Session, and what may appear to be due to 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 services, and the only considerable demands we have at present to provide for and as in consideration to the distresses of the people we are willing to create Debentures to the amount 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 to send some of your members to make it conformable thereto.

1st December 1768, In the upper House.

Ordered the following Message be sent to the Council, 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 Montfort, Mr Ashe and Mr 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 word sixty nine be deled and seventy one inserted, which we apprehend will be an easement to the Inhabitants of this Province, and better support the credit of the Debentures.

That the clauses for repealing the Act passed last session laying a two shilling and six penny Tax be Expunged,

That the forging the 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 expences any other sum than that expressed in the Bill,

JOHN HARVEY Sp.

1st December 1768.

Mr Caswell Chairman of the Committee of Public Claims reported that the Committee had settled and allowed the claims due to sundry

-------------------- page 973 --------------------
persons which were read, agreed to by the House and ordered to be sent to the Council

Sent by Mr Jacob Blount and Mr Wm. Haywood.

Then the House Adjourned till 10 oClock tomorrow morning.


Thursday December 2d 1768

The House met according to adjournment.

Recd from the Council the Bill for destroying crows and squirrels in the Counties therein mentioned, Endorsed, 29th November 1768, In the upper House read the third time and passed. Ordered to be engrossed.

The Bill to Expedite the collecting Public Taxes defraying the charges of Government &ca

The Bill for altering the times of holding the Inferior Courts of the several Counties therein mentioned, Endorsed, 31st November 1768, In the upper House, Read the third time and passed. Ordered to be engrossed.

Resolved that an humble dutiful and loyal address be presented to his Majesty expressing our duty and affection to his Person, and attachment to his family and Government and praying his most Gracious Interposition in favour of his distressed and oppressed subjects of this Colony, for a repeal of the several Acts of Parliament imposing duties on goods imported into America;

Resolved that Henry Eustace McCulloh Esquire be and he 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 requested to present an 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 Correspondance under the direction of this House.

Resolved, that John Harvey Esquire Speaker, Joseph Montfort, Samuel Johnston, Joseph Hewes and Edward Vail Esquires be a Committee of Correspondance to correspond with the said Agent, and that they or the Majority of them from time to time, report such their Correspondance 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.

Resolved the following Message be sent the Council, Vizt,

-------------------- page 974 --------------------

Gentlemen of His Majestys Honorable Council, Vizt,

This House herewith send you two Resolves thereof, of this day, respecting the appointment of an Agent, and also a Committee of Correspondance and desire your Honors concurrence thereto.


2d December 1768.
JOHN HARVEY Speaker.

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

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

Sir,

This House having appointed an Agent by Resolve, intend among other circumstances of Instruction to direct him to solicit his Majesty and his Parliament for permission to emit a paper currency, and relying on your Excellency's known Goodness, presume humbly to request that you would favour us with your Interest, and influence, and in case we are happy enough to obtain our request that your Excellency would be graciously pleased to take the affair under your direction in the same manner you so kindly intended to do in consequence of our petition to his Majesty the last Session of Assembly.

JOHN HARVEY Sp.

Sent by Mr Howe and Mr Knox.

Mr Hewes from the Committee appointed to settle and allow the charges of the Troops under his Excellencys Command at the Hillsborough Expedition, Reported, that the Committee had met and settled the said charges and laid the same before the House, which were read and approved of by the House, as p. a general account returned by the Committee to this House.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to adjournment.

Resolved the following Message be sent to the Council, Vizt

Gentlemen of His Majestys Honble Council,

We send you herewith an account of the expences allowed by this House, to the Troops assembled at Hillsborough under the Command of His Excellency the Governor which this House desire your Honors concurrence thereto,


2d December 1768.
JOHN HARVEY Sp.
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Sent by Mr Phifer and Mr Bryan,

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

Ordered he have leave accordingly.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday December 3d 1768.

The House met according to adjournment.

Received from the Council the following Message Vizt,

Mr. Speaker and Gentlemen of the Assembly,

We think it our duty before the present Assembly breaks up to express our sense of how grateful it would be to the people in general and how conducive to quiet the minds and silence the clamours of many who think themselves agrieved in the management of Public Monies, if some proper persons (with full power to call for such persons, papers and vouchers as may be necessary) during 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 it they may be relieved from some part of their present burdens.

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

3d December 1768, In the upper House.

Resolved the following Message be sent to the Council 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 reporting the same at our next meeting, We now inform your 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 proceeding in their inquiry. Therefore this House this Present Session have Resolved, that the said Committee be continued 'till 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,


3rd December 1768.
JOHN HARVEY Sp.
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Recd from the Council the following Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

This House have taken under consideration the general account of your allowance for the pay, subsistance &ca of the Troops at Hillsborough in September last, as we think those Troops deserve some encouragement more than you allowed for their diligence, loyalty and decent behaviour; we should be glad you would make a Resolve of your House that the Treasurers should pay to the Governor such sum as you may think proper to be by his Excellency distributed amongst the Troops.

We must also recommend to your consideration the Reverend Mr Micklejohn who preached to the Troops at Hillsborough printed and dispersed several copies of one of the sermons on the important occasion

3rd December 1768, In the upper House.

Recd the following Message from His Excellency the Governor Vizt.

Mr. Speaker and Gentlemen of the Assembly,

I return you the Resolve for allowing John Barnes, one hundred pounds in consideration of his public service which said Resolve I have concurred with,

Wm. TRYON.

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

Gentlemen of His Majestys 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 those sermons preached by the Reverend George Micklejohn sent to this House by his Excellency this Session.

JOHN HARVEY Sp,

3rd December 1768.

Recd from the Council the Account of the expenses incurred by the pay, subsistance &ca of the Troops at Hillsborough sent them yesterday for concurrence, Endorsed, 3rd December 1768, In the upper House concurred with.

JAMES HASELL, P. C.
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Sent the estimate of allowances to the Members of Assembly this present Session to the Council for Concurrence by Mr Lemon and Mr Branch.

Mr Harnett from the Committee of Accounts reported that the Committee had settled and allowed sundry Public Accounts, which he laid before the House, were read and approved of by the House, and ordered to be sent to the Council for Concurrence

Sent by Mr Knox and Mr Cray,

Mr Howe and Mr Vail waited on his Excellency the Governor to acquaint him the House desire to know when they shall wait on him with the Engrossed Bills, being returned brought for answer that His Excellency would send a Message to the House to let them know when he would receive them,

His Excellency the Governor sent a Message to the House desiring the immediate attendance thereof in the Council Chamber.

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

The Act to Expedite the Collecting Public Taxes, defraying the charges of Government and other purposes,

The Act to amend and explain an Act Intitled an Act for establishing an Orthodox Clergy,

The Act to amend and continue an Act, Intitled an Act, concerning Vestries.

The Act for establishing a Militia in this Province,

The Act to direct Sheriffs in levying executions and the disposal of land, goods and chattels taken thereon,

The Act 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 and regulating the proceedings therein, and for providing adequate salaries for the Chief Justice and the Associate Justices of the said Superior Courts,

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

An Act 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,

An Act to amend the Act, for establishing Public Ware Houses in the Towns of Halifax and Campbelton for the inspection of hemp and flax, and other purposes,

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An Act 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,

An Act for dividing the County of Mecklenburg and other purposes

An Act for establishing a Town in the County of Mecklenburg.

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

An Act 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,

The Act for preventing abuses in taking up and secreting of stray Horses in the Counties therein mentioned.

The Act to encourage the importation of British Copper half pence and for making them a tender for the payment of small debts.

The Act for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County.

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

The 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, and to impower the said Trustees to collect the Subscriptions due to the said school.

The Act for vesting the School House in Edenton in Trustees.

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

The Act for altering the times for holding the Inferior Courts of pleas and quarter Sessions in the several Counties therein mentioned.

To all which his Excellency was pleased to assent, except,

The Bill to expedite the collecting Public Taxes, defraying the charges of Government and other purposes, and,

The Bill for vesting the School House in Edenton in Trustees.

And then made a Speech to his Majestys Honorable Council and this House.

Then the House returned, and Mr Speaker reported to the House,

That his Excellency had assented to the aforementioned Acts, except as before excepted, and made a Speech to his Majestys Honorable

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Council and this House, a copy of which to prevent mistakes he had obtained, which he laid before the House, The same was read, and ordered to be entered on the Journal of this House, and is as follows, to wit,

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

I 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.

Recd from the Council by Mr Burgwin the report of the Committee of Accounts sent them this Day, and also the estimate of allowances due and payable to the Members of Assembly, Clerk and officers of this House, and several others, Endorsed, 3d December 1768, In the upper House, read and concurred with.

JAMES HASELL, P. C.

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

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

This House herewith send you the estimate of the allowances due and payable to the Members of this House, Clerk Officers and others, which is concurred with by his Majesty's Honorable Council. This House therefore request your Excellency will be pleased to assent to the said Estimate

JOHN HARVEY, Sp.
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Received from the Council the report of the Committee of Claims sent them the 1st Instant, Endorsed, 3d December 1768, In the upper House—the foregoing reports were read and concurred with,

JAMES HASELL, P. C.

Then the House adjourned till 10 oClock Monday Morning.


Monday December 5th 1768.

The House met according to adjournment,

On motion Resolved the following Address be transmitted to the Agent of this Province by the Committee of Correspondence to be laid before his Majesty, to wit,

To the Kings Most Excellent Majesty,

The Humble Petition and Remonstrance of the Assembly of North Carolina

Most Gracious Sovereign,

We your Majesty's most dutiful and loyal subjects the representatives of the Free People within your Province of North Carolina, with hearts filled with affection for the best of Kings, and with the fullest confidence of your Majesty's personal regard; beg leave Humbly to approach your Royal Throne, to offer our supplications in behalf of ourselves and our constituents, the which we are disposed to do, from the fullest conviction, that as your Majesty is peculiarly distinguished by reigning over free men so you will ever be attentive to their just complaints and remonstrances, and when addressed with a becoming spirit of humility and gratitude, be ready as far as in your power lies to relieve them, and to suffer your Majesty's Subjects throughout your extensive dominions in America to enjoy those Glorious Liberties and Privileges, which they derive to themselves in common with your Majestys British Subjects, from a most Excellent Constitution at the head of which your Majesty is most happily placed, and for the preservation whereof, they would at any time sacrifice their lives and hazzard their Fortunes,

Animated therefore by these considerations and duly impressed with a sense of their importance, at the same time hoping for every blessing from your Majesty's wisdom and goodness, We take leave gratefully to express the sensibility we have of the many obligations conferred on us, by your Majesty and humbly to remonstrate that we conceive we have ever been ready in making a due acknowledgment

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of them, and when it has been found necessary to levy supplies within this Colony requisitions have been made by your Majesty or your Royal Predecessors conformable to the rights of this people, and by them chearfully and liberally complied with. We therefore humbly beseech your Majesty to do us the Justice to believe that on any future demand of a necessary supply for the support of Government or defence of your Majestys Dominions, the Inhabitants of this Province will with the utmost chearfulness and alacrity contribute their full quota, but humbly conceive that their Representatives in Assembly can alone be the proper Judges not only what sum they are able to pay, but likewise of the most eligible method of collecting the same,

Our Ancestors at their first settling, amidst the horrors of a long and bloody war, with the Savages, which nothing could possibly render supportable but the prospect of enjoying here that freedom which Britons can never purchase at so dear a rate, brought with them inherent in their persons, and transmitted down to their posterity, all the rights and liberties of your Majesty's natural born Subjects within the parent State, and have ever since enjoyed as Britons the priviledges of an exemption from any Taxations but such as have been imposed on them by themselves or their Representatives, and this Priviledge we esteem so invaluable that we are fully convinced, no other can possibly exist without it. It is therefore with the utmost anxiety and concern we observe duties have lately been imposed on us by Parliament for the sole and express purpose of raising a Revenue, This is a Taxation which we are firmly persuaded the acknowledged Principles of the British Constitution ought to protect us from, Free men cannot be legally taxed but by themselves or their Representatives and that your Majesty's Subjects within this Province are represented in Parliament we cannot allow, and are convinced that from our situation we never can be, under these circumstances to have the priviledges of granting our own Money for the support of your Majestys Government taken from us is entirely to deprive us of the means of showing our invincible attachment to your Majesty's Royal person and family, and of recommending ourselves to your Gracious favour and protection.

We humbly beg leave to assure your Majesty that your Loyal People of this Colony are far, very far from pretending to deny their

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subordination to that August Body the Parliament of Great Britain or their dependance on their Parent Kingdom.

We know that our happiness consists in our connections with them, and in the settlement of our Liberties under the auspicious Influence of your Royal House. We chearfully acknowledge ourselves bound by the Ties of Allegiance to your Majesty and sincerely pray that there never may be wanting a Prince of the Brunswick Line to sway the British Sceptre, to the latest Posterity, and humbly hope, that your Majesty's faithful Subjects of this Colony have an Equitable claim to the full enjoyment of the Fundamental rights of the British Constitution.

Most Gracious Sovereign,

As we are truely sensible of your Majesty's Royal care in procuring for all your subjects a prosperity equal to your affection for them, We are encouraged with the greatest humility, to pray that your Majesty will be graciously pleased to take these our remonstrances and the state of this Province under your Royal consideration, and to afford us such relief, as your Majesty in your great Wisdom shall judge most proper, and your Petitioners as in duty bound shall ever pray &c.a

By order of the House of Asssembly.
JOHN HARVEY Speaker.

North Carolina New Bern, December 2nd 1768.

Mr Robert Howe moved for leave to present 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 the annual Taxes of Government.

Ordered he have leave accordingly.

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

Sent by Mr Vail and Mr Lloyd.

Recd from the Council the Bill making provision for the payment of Forces raised to suppress the late Insurrection on the Western Frontiers, providing for the public claims &ca, Endorsed, 5th December 1768, In the upper House read the first time and passed.

On motion ordered the Bill making provision for the payment of Forces raised to suppress the late Insurrection on the Western

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Frontiers &ca, be read the second time, Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Jacob Blount and Mr Blinn.

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, and the tax of two shillings p poll for sinking the £20,000 granted in the year 1761, have had their effect, and ought not henceforth to be collected.

Resolved the following message be sent to the Council, Vizt

Gentlemen of His Majesty's Honble 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,


5th December 1768.
JOHN HARVEY Sp.

Sent by Mr Dawson and Mr Barron,

Recd from the Council the Bill making provision for the payment of Forces raised to suppress the late Insurrections on the Western Frontiers, providing for the Public Claims &ca Endorsed, 5th December 1768, In the upper House read the second time and passed.

On motion ordered the Bill making provision for the payment of Forces raised to suppress the late Insurrection on the Western Frontiers, providing for the Public Claims &ca be read the third time, Read the same a third time, passed and ordered to be sent to the Council

Sent by Mr Dawson and Mr Barron

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

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

Sir,

This House have received your Excellency's Message relative to the Reverend George Micklejohn, with one hundred Copies of a Sermon preached by him at Hillsborough, and in his behalf presented by your Excellency to the House, in consequence of which we have Resolved that the Expence of printing the said Sermon be paid by the Public.

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This House have likewise received your Excellency's Message relative to James Kennedy, and are sorry the circumstances of his case are not such as come within the relief of this House. We have also taken every other message and Paper your Excellency has been pleased to lay before us, under our consideration and have determined upon them as we thought consistent with the duty of our Station, but from the hurry of business, have not before had it in our Power to acquaint your Excellency with our determinations thereon

JOHN HARVEY Sp.

5th December 1768.

Resolved that Mr David Gordon be allowed, and paid the sum of fifteen pounds for sundry services done by him this Session exclusive of Engrossing seven Bills allowed 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, omitted to be allowed on their Estimate

Resolved the following Message be sent to his Majesty's Honble Council, Vizt

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing David Gordon the sum of fifteeen pounds for his services done this Session as p. the Resolve, and also the sum of twenty pounds to the Trustees of the Public School in New Bern for the use of a room for the Assembly this Session and desire your Honours Concurrence,


5th December 1768.
JOHN HARVEY Sp.

Sent by Mr Robert Howe and Mr Polk.

This House convinced of the necessity of a fair and just statement of the Public Accounts and Funds, have Resolved that John Burgwin Esquire be appointed to examine and state the same from the year 1748, and that he report the same to this House, at their next Session, and to enable him to perfect the same, It is further Resolved that the Treasurers and all other persons having any public papers in their hands do supply him with such documents or papers as he may judge necessary on his applying to them for the same, and the expence of procuring such papers to be paid by the Public.

Then the House Adjourned for an hour,

The House met according to Adjournment.

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Recd from the Council the two Resolves of this House sent them this day, Endorsed,

5th December 1768. Concurred with.

JAMES HASELL, P. C.

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

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

Sir: We send your Excellency herewith two Resolves of this House of this day to which his Majesty's Honble Council have concurred, and desire your Excellency will be pleased to assent thereto

JOHN HARVEY Sp.

Sent by Mr Howe and Mr Polk.

Recd the following Message in writing from His Excellency, Vizt

Mr. Speaker and Gentlemen of the House of Assembly,

In answer to your Message of this day I am to assure you I shall with pleasure do my best endeavours to promote your solicitation to his Majesty and his Parliament for permission to emit a paper currency, and if obtained shall order the commission you trusted to my care last Session to be carried into immediate execution.


5th December 1768.
Wm. TRYON.

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

Mr Speaker with the House waited on His Excellency in the Council Chamber, and Mr Speaker presented the Bill making provision for the payment of the forces raised to suppress the late Insurrection on the Western Frontiers, providing for the Public Claims, &ca, To which his Excellency was pleased to assent, and returned the Resolve of this House of this day relative to an allowance to Mr David Gordon of £15 and twenty pounds to the Trustees of the School House in New Bern for a room, for the Assembly, Endorsed

5th November 1768. Concurred with.

Wm. TRYON.

And then made a Speech to this House; The House returned and Mr Speaker reported that His Excellency had assented to the above mentioned Bill and made a Speech to this House, a copy of which

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he had obtained, and laid the same before the House, which was read and ordered to be entered on the Journal of the House as follows, Vizt,

Mr. Speaker and Gentlemen of the House of Assembly,

As I have never seen any statement of the public Accounts this Session, I can have no opinion whether the Taxes you mention in your Resolve have had their effect or not, Therefore I cannot give my assent to that Resolve sent with your Message of this day.


5th December 1768.
Wm. TRYON.

Then His Excellency was pleased to Prorogue this Assembly till the —— day of June next, to be then held at New-Bern.