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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
October 23, 1769 - November 06, 1769
Volume 08, Pages 86-105

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


North Carolina—Ss.

At an Assembly begun and held at New Bern the twenty third day of October in the ninth year of His Majesty's Reign and in the year of our Lord, One thousand seven hundred and sixty nine, being the first Session of this Assembly.

In the Upper House.
Present
The Honble Jas Hasell Esquire
The Honble Lewis De Rosset Esquire
The Honble Alex McCulloch Esquire
The Honble Wm Dry Esquire and
The Honble Robert Palmer Esquire

His Excellency the Governor came to this House and was pleased to command the immediate attendance of the Speaker and Gentlemen of the Assembly who accordingly attended, and thereupon His Excellency made to both Houses the following Speech, Vizt,

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

It is with much satisfaction I meet this new Assembly as the freeholders through the Province have had a late opportunity of returning

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such representatives as they thought best qualified to serve their Country and of testifying their approbation of the public conduct of those Gentlemen whom they have again chosen to represent them.

I have the pleasure to acquaint you His Majesty has been graciously pleased to leave the regulation of Indian Affairs to the Colonies whose Legislatures must be the best judges of what their several situations and circumstances may require, That the Office of Superintendants however, will be continued for such matters as are of immediate negotiation between the Crown and the Tribes of Indians, and cannot consequently be regulated by Legislative Authority.

As it is not in His Majesty's power to dispence with the Act of Parliament respecting the legal tender of paper currency in the Colonies, no Petition that prays for an emission of paper currency as a legal tender can meet with the success you wish. It is not I am assured however intended, that this intimation should nor will it preclude the fullest consideration that can be given to any representation this Assembly shall make on that subject, or any plan you can suggest for that purpose.

As the affairs of this Province must in some degree necessarily suffer delay for want of a regular Agent at Home, duly authorized to act in every case in which the Interest of the Colony may be concerned, I am to acquaint you that his Majesty's Royal permission to assent to a Law for raising such a sum as shall be necessary, for supporting that establishment, Provided the Agent be appointed by a Law of Governor Council and Assembly specially passed for that appointment, which Law as it originates in the House of Assembly it follows of course that the name of the person must be inserted by the House although the other two Branches of Legislature have each respectively a Negative upon the Bill.

Among several Acts passed last Session of Parliament relating and beneficial to the British Colonies, there is one for the Culture of raw silk in America. This encouragement is so very considerable and the object of it is so interesting both to Great Britain and the Southern Colonies of America that I do in the strongest manner recommend to you, to pursue such measures by permission or otherwise, as may induce the Inhabitants of this Country to enter with spirit and expedition upon so useful and profitable a cultivation. Permit me here to observe to you that the attention of His Majesty and His Parliament to give every possible encouragement to the Productions of the Colonies, though at a considerable expence to

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Great Britain, cannot but give the most pleasing reflections to His Majesty's Subjects in America, and be productive of general benefit both to the Mother Country and her Colonies.

Gentlemen of the House of Assembly, The disappointment I met with in the two last Sessions of Assembly oblige me to renew my application for a Provision of powder and lead for His Majestys Service, and the defence of Government. This object is so very important to this Country especially to its Maritime Counties, that I esteem it incumbent on me for the honor and security of the Province to recommend to you to make the necessary Provision of these Articles, particularly as the small quantity of powder remaining in His Majestys Magazine is reported to me as unfit for public Service.

Your public funds demand a stricter examination than they have ever fallen under since the establishment of the Colony; the credit and consideration of this Province is growing up with the increase of its Inhabitants and it is become of the utmost consequence that a settlement of the public Accounts should be forthwith obtained, that a general state of them may be made known to the Country. As I had an opportunity this Summer to procure information with the manner of keeping Public Accounts in a neighboring Colony, I purpose in the course of this Session to lay before you for your deliberation, some observations and regulations on this head, which I wish may assist to expell that cloud which has ever obscured the Public Accounts of the Province.

The community will then chearfully pay the Public Levies, satisfied that they are fairly adjusted and applied to the Services intended. It will be an object too, worthy your strictest enquiry how far the Laws passed for the emission of paper currency have had their effect, and in whose hands the sums raised to sink those emissions remain.

Honorable Gentlemen and Gentlemen of the House of Assembly, The weighty concerns that will fall under your consideration this Session require all possible temper and moderation in the conduct of them. I have the happiness to hope the intelligence I have lately received from home will be very instrumental to the dispatch of public business. I am authorized to inform you notwithstanding any instructions to the contrary that His Majestys present administration have at no time entertained a design to propose to Parliament, to lay any further Taxes upon America, for the

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purpose of raising a Revenue, And that it is their intention to propose in the next Session of Parliament to take off the duties upon glass, paper and colours, upon consideration of such duties having been laid contrary to the true principles of Commerce; these I am assured have already been and still are the sentiments of His Majestys present Ministers and the principle by which their conduct in respect to America has been governed. I therefore rely on your prudence and candor that you will give full credit to the late testimony, His Majesty and His Parliament have afforded of their attention and affection to the Colonies, and this explanation of the measures of His Majestys servants—Such a confidence on your parts will tend to remove those prejudices which have been excited by the misrepresentations of those who are jealous of the prosperity of Great Britain and her Colonies and reestablish that cordiality and affection upon which the glory and safety of the British Empire depend.

I shall conclude with calling to your reflection a scene the most melancholy and affecting to this Country, The Calamities arising from the extreme violence of the late storm, which has been too destructive to have failed to excite in every humane breast a sensible compassion and sympathy for the unfortunate sufferers.

The Misfortunes of this Town in particular, have not been confined to the heavy loss of the individual Sufferers, since by the destruction of its banks formed by Nature on the sides of the two Rivers, and formerly thought sufficient bulwarks, the trading part of the Town lies open and exposed to the ravages of every high wind and tide, which can only be prevented for the future at an expence the Town under its present ruinous condition may not be able to defray. It will therefore give me real pleasure if you Gentlemen shall think with me that the public utility requires assistance to be given by the Legislature for that purpose, to one of the most considerable Ports of the Province.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 24th October 1769

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble Alex. McCulloch Esquire
The Honble Wm Dry Esquire and
The Honble Robert Palmer Esquire
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On motion, ordered that His Excellency's Speech be read, the same was accordingly read and taken under consideration and thereon ordered that Honble Lewis DeRosset and Robert Palmer Esquires be and are accordingly appointed a Committee of this House to draw up and prepare an Address in answer to his Excellency's Speech.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 25th October 1769.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 26th October 1769.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Dawson and Mr Vail the following Message Vizt.

Gentlemen of His Majestys Honble Council,

This House have appointed Mr Henry Dawson, Mr John Simpson, Mr Andrew Knox, Mr William Cray, Mr Aquilla Sugg, Mr Herman Husband, Mr William Thomson, Mr Thomas Person, and Mr William McKinnie a Committee of this House to state and settle the Public Accounts of this Province, And Mr Richard Caswell, Mr Felix Kenan, Mr Jacob Blount, Mr Edward Vail, Mr John Skinner, Mr John Beasley, Mr Abraham Shepard, Mr Joseph Jones, Mr John Dunn a Committee to settle and allow the public claims, in conjunction with such of your Honors as you shall think proper to appoint.

JOHN HARVEY Speaker

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 27th October 1769.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.

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Saturday Morning 28th October 1769.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock Monday morning.


Monday Morning 30th October 1769.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex. McCulloch Esquire
The Honble Wm Dry Esquire &
The Honble Robert Palmer Esquire

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

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committees, This House have appointed the Honble Alexander McCulloch, William Dry and Robert Palmer Esqrs a Committee of this House to examine state and settle the public accounts, And the Honble Lewis DeRosset and John Sampson Esquires a Committee of this House to settle and allow the public claims

By order
J. B. Clk.

30th October 1769—In the upper House

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

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

The Humble Address of His Majestys Council of the said Province

May it please your Excellency,

We his Majestys most dutiful and loyal subjects the Members of his Council beg leave to return your Excellency our thanks for your Speech at the opening of this Session.

With gratitude we acknowledge His Majestys paternal indulgence in leaving the regulation of the Indian affairs to the Colonies

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The regard your Excellency has pleased to assure us will be shown to the representations of the General Assembly respecting an emission of paper currency, gives us hopes that an Act of Parliament may be obtained for that purpose to relieve the Inhabitants of this Province from the distresses we labour under for want of Money.

We flatter ourselves an Act will be passed this Session for appointing an Agent in England; the necessity of such an appointment is so obvious that we believe no difficulty can arise upon the subject.

The encouragement given by Act of Parliament for the culture of raw silk in America, We hope will induce the Inhabitants of this Province to enter with spirit upon such a cultivation profitable to themselves and advantageous to Great Britain

The assurances your Excellency has been pleased to give us of the disposition of His Majestys Ministers toward the American Colonies and of their intention to propose to Parliament the repeal of the Acts laying dutys on glass, paper and colours are timely pleasing and will be effectual in healing the unhappy divisions and jealousies that have been destructive to the Trade of Great Britain and America and restore that affection and confidence upon which the happiness of both so greatly depend.

We are sensibly affected with the calamities arising to this Province from the extreme violence of the late storm. The losses of the inhabitants of this Province in particular are truly deplorable; We sympathise with them in their misfortune and shall readily concur in such measures as my be most effectual to prevent the like devastations for the future.

This House, ever attentive to the good of their country and actuated by an inviolable loyalty to his Majesty, will use their utmost influence to preserve that harmony which subsists between every branch of the Legislature, and with the temper and moderation strongly recommended by your Excellency, co-operate with the Assembly in the several weighty matters you have been pleased to mention and such other important affairs as may arise during this Session and thereby continue the happiness derived to this Province under your Excellencys wise and benign administration.

J. HASELL Presdt
By order
J. B. Clk.

30th October 1769. In the Upper House.
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Received from the Assembly by Mr Knox and Mr Slade the following Bills Vizt

A Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England.

A Bill for erecting the upper part of Tyrrell and lower part of Halifax Counties into one separate and distinct County and Parish by the name of —— County and —— Parish and other purposes.

A Bill to impower the Justices of Hertford County to establish free ferries and bridges in the said County and lay a Tax for defraying the charges thereof.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 31st October 1769.

The House met according to adjournment.

Present as before.

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

Received from the Assembly by Mr Dunn and Mr Kenan the following Bills Vizt

A Bill to encourage the destroying of vermin in the several Counties therein mentioned. On motion read the first time and passed.

A Bill to prevent burning the woods at unseasonable time of the year. On motion read the first time and passed.

A Bill for appointing a Ballast Master of the navigation for the Swatch and Beacon Island road, near Ocacock Inlet. On motion read the first time and passed.

A Bill for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town and other purposes.

On motion the Bill for impowering the Justices of Hertford County to establish free ferrys and bridges in the said County and laying a Tax for defraying the charges thereof, was read the first time and passed.

Received from His Excellency the Governor by Mr Edwards His Excellencys Secretary the following Message Vizt

Gentlemen of His Majestys Council

Having this day laid before the House of Assembly, some regulations for the better keeping the public accounts of the Province I

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herewith transmit to you a dispatch of the same for your consideration.

Wm. TRYON.

31st October 1769.

The paper containing the regulations mentioned in the above message is as follows, Vizt.

Recommended by His Excellency to the House of Representatives now assembled as an object worthy their attention that they take under consideration the state of the public Revenue and the regular application thereof for the purposes to which it is appropriated.

The fact is too well known to admit of a denial [considerable sums] have been lost by the negligence or insolvency of Sheriffs and other collectors with their sureties.

And it is persuaded that in the same course of time considerable sums have been sunk after they were lodged in the public Treasury whereof no account has hitherto been made.

A Law of this Province lately passed will if executed with vigor probably in a great measure prevent for the time to come the first of these mischiefs, and a Law to prevent the latter might be of great public utility, for mankind never part with their money either for their private or public benefit so readily as when assured that it must be honestly employed for the purposes intended.

A constant regular plain and uniform method of keeping the Accounts of the public revenue and of stating and settling these accounts may prevent such abuses and make it extreamly difficult if not impracticable to embezzle the public money.

The House therefore will consider it for the future the Public Treasurers respectively for the time being shall be obliged to keep a regular Diary or Day book in which shall be entered every particular sum of money received or paid by them on account of the Public with the name of the person from whom received or to whom paid as well as the day, and nature of the transaction.

A cash book debtor and creditor where the Treasurer upon one side shall make himself debtor for all sums of public money paid in to him, and on the other side creditor for all sums of public money paid out by him, with the dates of such receipts and payment, which cash book is altogether abstracted from Diary or Day book.

A Ledger in which an account debtor and creditor is opened with every particular officer whose duty it is to collect any part of the

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public revenue and to pay it into the Treasury by which every Sheriff or collector of the several Poll taxes or wheel tax is charged debtor for the gross account of these branches of the Revenue within his County as ascertained by the several lists of Taxables of the respective Counties, every collector or receiver of the duties on spirituous liquors &ca is charged debtor for the gross account of that branch of the Revenue within his district ascertained by the Custom House Books, a copy of which should be quarterly or half yearly transmitted attested by the said collector or receiver, to the Treasurer of his district, and all the Clerks charged with the gross account of the duty on Law suits as ascertained by their sworn lists; And all these Officers to have credit in their said accounts for the insolvents allowed by the several county Courts and for all the Monies paid by them into the Treasury as also credit for their Commissions as provided by Act of Assembly. This Ledger grows out or is extracted from the Diary or Day Book and Cash Book.

Another Ledger or General Book of Public Accounts wherein an account debtor and creditor is opened between the treasurer on one side and every particular fund appropriated by the Legislature on the other side; And the Treasurer shall therein charge himself debtor to each particular fund separately for the gross account of that fund as ascertained by the lists of Taxables of the several Counties, the Custom House or Receivers Books and the sworn lists of the several Clerks aforementioned and creditor for the deficiencies of each fund by insolvencies, By the money in the hands of each of the collectors, Sheriffs, &ca, By the several payments issued out of the Treasury, and by the Commissions provided by the Act of Assembly.

This last though necessary book is no more than a general abstract of the whole by which each Treasurer makes himself on one side debtor for the gross account of the Revenue within his district arising from each particular Tax in as many Articles as there are particular Taxes, as if there were no insolvencies or deficiencies, and makes himself creditor on the other side for the gross account of insolvencies and deficiencies of each particular Tax, also the monies in the hands of the Sheriffs and other Collectors for the payment he has made and for his Commissions, and the ballances in the Treasurers hands of each Tax respectively which when added up and brought to a sum Total will be found to be the money in the Treasury. To this last Account may be subjoined a list of the suits brought

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in Law of Equity for recovery of public debts as directed by Act of Assembly.

That there be a Standing Committee of five or seven, three at least of whom be a Quorum to be appointed by the House of Assembly, who shall be impowered and required to meet at least twice a year at a certain time and place during the prorogation of Assembly, That the Treasurers shall be obliged to lay before the Committee every forementioned Book of Accounts of the public money and all the documents and vouchers of these Accounts which Committee shall be impowered and required to examine and audit these Accounts, Documents and Vouchers and to give the Treasurer a Certificate thereof, And make a true and faithful report of the same to the House of Assembly at the ensuing Session.

That before this Report shall be taken under consideration all these Books of Account with the Documents and Vouchers thereof together with the Report of the Committee shall by public order of the House be directed to lie on the Table for a certain number of days under the care of the Clerk of the House of Assembly, That every member of the House may have access if they please to see and examine these Accounts, Vouchers and Report, and when the House is satisfied with the same, these Accounts, Vouchers and Report to be referred to a Committee of both Houses for a re-examination if they think fit of such public accounts as have at their foot the certificate of the standing Committee, and also to examine and state all such public Accounts as may have been transacted by the Treasurers between the last settlement of the said standing Committee and the sitting of the Committee of both Houses, And when the latter have made their report thereon to the House of Assembly before the final passing of these public Accounts by the three bodys of the Legislature, the Treasurers shall be directed to attend the Governor as first Magistrate and make Oath before him that the said public Accounts and all the Articles contained therein are just and true, and obtain from him to produce to the House of Assembly a certificate of their having done so.

As the foregoing method of keeping the Public Accounts regard more the future than the past, it might perhaps be expedient to take out of the present Treasurers hands the collections of all monies due to the public before their respective appointments to their office (after obliging them to account for the sums already by them received) and to appoint some proper person or persons duly authorized

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by the Legislature to settle and adjust those arrearages and to receive and account for the same to the General Assembly. This would make it easy for the Treasurers to digest their accounts into a regular and plain method and prevent the confusion that must attend their being embarrassed with those old demands, a great part of which must necessarily be a loss to the public.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 1st November 1769.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Edwards and Mr Edwd Hare the following Bills Vizt.

A Bill in addition to an Act to prevent the unreasonable destruction of fish in the Rivers of Meherrin, Pee Dee and Catawba. On motion read the first time and passed.

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

Then the House adjourned till 9 oClock tomorrow morning.


Thursday Morning 2d November 1769.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills p. Mr Rennie and Mr Thompson.

A Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County. On motion read the first time amended and passed.

A Bill to encourage the destroying of vermin in the several Counties therein mentioned. On motion read the second time amended and passed.

A Bill to prevent burning the woods at unseasonable times of the year. On motion read the second time amended and passed.

Received from the Assembly by Mr Woodhouse and Mr Moore the following Message Vizt

Gentlemen of His Majestys Honble Council,

This House herewith send you the petition of Jas. Kennedy to whom we have Resolved the sum of thirty pounds to be paid out of

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the contingent Fund; And that the Treasurers be allowed the same in their Accounts with the public to which we desire your Honors Concurrence.

JOHN HARVEY Speaker.

1st Nov 1769.
Concurred with.
J. HASELL, President.

Received from the Assembly by Mr Kenan and Mr Thomas the Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England, On motion read the second time, amended and passed.

On motion the Bill for erecting the upper part of Tyrrel and lower part of Halifax Counties into one separate and distinct County and Parish by the name of —— County and —— Parish, and other purposes, was read the first time and passed.

Received from the Assembly by Mr Polk and Mr Relfe, a Bill to impower the Justices of the several Counties therein mentioned to establish free ferries and bridges in their respective Counties and lay a Tax for defraying the charges thereof.

Then the House adjourned till 10 oClock tomorrow.


Friday Morning 3d November 1769.

The House met according to adjournment.

Present as before.

Received from the Assembly a Bill for the more easy and speedy recovery of small debts and other purposes, On motion read the second time, amended and passed.

Received from the Assembly the following Bill and Message, Vizt,

A Bill for further continuing an Act entitled an Act for appointing a printer to this Province, On motion read the first time and passed.

Gentlemen of His Majesty's Honble Council,

We send you herewith an Account of disbursements by His Excellency William Tryon Esq, Governor &ca amounting to eighty two pounds two shillings and two pence, which this House have allowed to be paid out of the contingent Fund and desire your Honors concurrence thereto.

JOHN HARVEY, Speaker.

3rd Nov 1769


3rd Nov—In the upper House, read and concurred with
J. HASELL, President.
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Received from the Assembly by Mr Rutherford and Mr Slade a Bill to amend an Act Intitled an Act to [prescribe] what fences are sufficient, On motion read the first time and passed.

Received from the Assembly by Mr Blount and Mr Shepard a Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England.

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

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the “Bill for appointing an Agent to solicit the affairs of this Province,” &ca, We observe an impropriety in the words “during the Term aforesaid” in the 15th & 16th lines from the top of the said Bill, which we propose to dele, And also the words the said term in the 24th line from the top and insert the words this Act—to which if you agree please send some of your members to see those alterations made.

By order
J. BURGWIN, Clk.

3rd Nov 1769.

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

Gentlemen of His Majesty's Honble Council,

This House send you the petition of John Smith of New Bern Merchant with the affidavits thereto annexed to whom we have Resolved, that the sum of four hundred and seventy three pounds be paid by the Treasurers out of the sinking fund and allowed them in their accounts with the public, to which we desire your Honors Concurrence.

JOHN HARVEY, Speaker.

3rd Nov. 1769—In the Assembly.


3rd Nov. 1769—In the upper House.
Concurred with
J. HASELL, President.
By order
J. Burgwin, Clk.

Received from the Assembly by Mr Bonner and Mr Wynn the following Bills, Vizt,

A Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County, On motion read the second time amended and passed.

-------------------- page 100 --------------------

A Bill for erecting the upper part of Tyrrel and the lower part of Halifax Counties into one separate and distinct County and Parish by the name of——County and——Parish and other purposes, On motion read the second time amended and passed.

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

Gentlemen of His Majesty's Honble Council,

In answer to your Message of this day relative to the Bill for appointing an agent to solicit the affairs of this Province at the several Boards in England,

We agree to the alterations you propose in the said Bill, and send Mr Vail and Mr Bell two of the Members of this House to see the alterations made.

JOHN HARVEY, Speaker.

Then on motion the alterations mentioned were made in the said Bill and the Bill was read a third time and passed and ordered to be engrossed.

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

An additional Bill to an Act Intitled an Act for proventing the frequent abuses in taking up and secreting of stray Horses in the Counties of Orange, Granville, Bertie, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgecombe, Northampton, Hertford, Tyrrell, Craven, and Pitt, On motion ordered to lie on the Table for consideration.

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

Then the President attended by the House waited on His Excellency and presented to him their Address, to which His Excellency was pleased to return the following Answer, Vizt,

Gentlemen of His Majesty's Honble Council,

Your affectionate sentiments of loyalty to His Majesty and your zeal for his interest in the welfare of this Province, have been repeatedly testified in your public conduct, by promoting the harmony of His Majesty's Government and the felicity of its Inhabitants.

-------------------- page 101 --------------------

I esteem myself highly honored by your favorable opinion of my administration, the success of which I place entirely to the wisdom of your Councils, and the support I have hitherto experienced from both Houses of Assembly; for no honor, no consideration is mine, but as it is reflected on me, through the aid and assistance of those branches of the Legislature.

Wm. TRYON.

Then the House adjourned till 11 oClock tomorrow morning.


Saturday Morning 4th November 1768

The House met according to adjournment,

Present as before,

Received from the Assembly by Mr Bonner and Mr Woodhouse a Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County, On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Person and Mr Lewis, a Bill to amend an Act for Ascertaining what Attorneys fees shall be taxed and allowed in any suit or action brought in any of the Courts of Record in this Province, On motion read the first time and passed.

Received from the Assembly by Mr Simpson and Mr Polk a Bill to encourage the destroying of vermin in the several Countys therein mentioned

On motion the Bill to impower the Justices of the several Counties therein mentioned to establish free ferries and bridges in their respective Counties and lay a Tax for defraying the charges thereof, Read the second time amended and passed.

Received from the Assembly A Bill in Addition to the Act Intitled an Act to prevent the unreasonable destruction of fish in the Rivers of Meherrin, Pee Dee and Catawba, Read the second time and passed.

Then the House adjourned till 10 oClock on Monday Morning.


Monday Morning 6th November 1769.

The House met according to adjournment

Present
The Honble Jas Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex. McCulloch Esquire
The Honble Wm Dry Esquire, and
The Honble Robt Palmer Esquire

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

-------------------- page 102 --------------------

Mr. Speaker and Gentlemen of the Assembly,

This day was laid before this House a claim of James Walker and Thomas Craigg for a negro Wench outlawed and afterwards drowned which being disallowed by your Committee of Claims although claims of the same kind have heretofore been allowed, We herewith send you the certificate granted to the said Walker and Craigg that you may consider thereof.

Received from the Assembly by Mr Blount and Mr Dunn the following Bill and Resolve.

A Bill for erecting the Counties of Anson and Cumberland into a District by the name of —— and establishing a Superior Court for the same, Read the first time and passed.

Gentlemen of His Majestys Honble Council, This House has Resolved that James Davis be allowed the sum of three pounds he having made it appear that in the late storm he lost a sum equal to that in proclamation money which we have directed to be paid him out of the sinking fund and desire your Honors Concurrence thereto

JOHN HARVEY, Speaker

Nov 6th 1769.
Concurred with
J. HASELL, President

Received from the Assembly by Mr Craig and Mr Eaton the following Resolve, Vizt

Gentlemen of His Majestys Honble Council,

This House have allowed Jane Walton, nineteen pounds she having made it appear to the satisfaction of the House that in the late storm she lost a sum equal to that in proclamation or bill money, which was totally destroyed—which sum we have directed to be paid out of the sinking fund and desire your Honors concurrence thereto

JOHN HARVEY, Speaker

Nov 6th 1769.

6th Nov 1769—In the upper House Concurred with
J. HASELL, President
By order
J. B., Clk.

On motion the Bill to encourage the destruction of vermin in the several Counties therein mentioned, was read the third time and passed. Ordered to be engrossed.

-------------------- page 103 --------------------

On reading a third [time] the Bill to prevent burning the woods at unseasonable times of the year, Ordered that the following Message be sent to the Assembly—

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to prevent burning the woods at unseasonable times of the year; We observe that in the Proviso in said Bill you have steted Duplin and New Hanover, which we propose should be deled in the said Proviso, to which if you agree please send some of your members to see the same done


6th November 1769, In the upper House,
By order
J. B., Clk.

Received from the Assembly by Mr Edwards and Mr Moore the following Bills, Vizt

A Bill to impower the Justices of the several Counties therein mentioned to establish free ferrys and bridges in their respective Counties and lay a Tax for defraying the charges thereof.

A Bill in addition to an Act Intitled an Act to prevent the unreasonable destruction of fish in the Rivers of Meherrin, Pee Dee and Catawba, On motion read the third time and passed. Ordered to be engrossed.

A Bill for the further amendment and continuing an Act, Intitled an Act to prevent the exportation of unmerchantable commodities, On motion read the third time amended and passed.

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

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for erecting the upper part of Tyrrell &ca We observe that you have deled the clause that was inserted by this House on the second reading relative to the number of Members to serve in future Assemblys for Tyrrell County, and unless you agree to stet the same we cannot pass the Bill—If you agree to stet the clause please send some of your members to see the same done.

By Mr Rutherford and Mr Smith

Received from the Assembly A Bill to amend an Act Intitled an Act, [to prescribe] what fences are sufficient, On motion read the second time and passed.

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Received from the Assembly A Bill for the further amendment and continuing an Act Intitled an Act to prevent the exportation of unmerchantable Commodities, Read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Skinner and Mr Beasley the Report of the Committee of Claims which was read considered of and concurred with and returned to the Assembly.

Sent to the Assembly the estimates of this House and received the same back concurred with.

Received from the Assembly their Estimate, which was read approved of and concurred with and returned to the Assembly,

Then His Excellency the Governor came to this House and sent a Message to the Assembly by the Clerk of this House commanding the immediate attendance of the Speaker and Gentlemen of the Assembly in the Council Chamber.

The Speaker attended by the Gentlemen of the Assembly accordingly waited on the Governor and presented to His Excellency the following Acts for His Assent, Vizt.

An Act for appointing an Agent.

An Act to empower the Justices in the several Counties therein mentioned to establish free ferrys and bridges in their respective Counties and to lay a Tax for defraying charges thereof.

An Act for confirming the qualification of Henry Lockey Sheriff of Beaufort.

An Act to encourage the destroying of vermin.

An Act in addition to an Act to prevent the unreasonable destruction of Fish in the Rivers of Meherrin Pee Dee and Catawba.

To which Acts His Excellency was pleased to give his assent except to the last which he rejected—and then he dissolved the Assembly with the following Speech, Vizt

Gentlemen of His Majestys Council Mr. Speaker and Gentlemen on the Assembly,

I met this Assembly with a most sincere disposition to forward the Public business of the Country; and I make this public acknowledgement of my thanks, to the Gentlemen of His Majestys Council, for the cheerfulness they have shown to co-operate with me; and my gratitude to the House of Assembly for the honourable opinion they have declared in favour of my administration. You may be assured Gentlemen, that the interruption which has been given to the business

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of this Session, has not occasioned more disappointment to you, than the cause of it has occasioned real affliction to me.

The plan I laid before you for the management of your public funds, if adopted by the Legislature, and invariably pursued, (otherwise it will be insufficient) will produce the happiest effects to this Country, and I will be bold to affirm, if ever carried, in any future Session, into an Act of the Legislature, it will be acknowledged the most beneficial Session this Colony ever experienced, though it should be the only Act passed in that Session. But this blessing is not to be obtained for the Country, while the Treasurers, late Sheriffs, and their sureties, can command a majority in the lower House, and while a Treasurer is suffered to absent himself, and withold his public accounts from the General Assembly let the pretence of his absence be ever so urgent. This morning I saw some Public Accounts of the Treasurer for the Southern District. Those accounts are so very irregular, and negligently kept, that the Public must be abused if an amendment is not made to the mode there pursued; but as I am told it is a method his predecessors followed, no censure can lay upon that Gentleman.

As my duty precedes every other consideration, I do now dissolve this Assembly, and this Assembly is accordingly dissolved.

Mr President—30th November
Mr Cornell—do
Mr McCulloch—2nd Dec to 14th
Mr Dry—2nd do
Mr Rutherford—2nd do
Mr Sampson—4th do
Mr DeRosset—6th do
John Burgwin Clk—30th Nov.
Thos Hawkes Mace Bearer
Edwd Saul Door Keeper
Mr Palmer—30th Nov.
Mr Howard—7th Dec.