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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
October 23, 1769 - November 06, 1769
Volume 08, Pages 105-141


North Carolina—Ss.

At an Assembly began and held at New Bern the fifth day of December in the eleventh 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 &ca and in the year of our

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Lord, One thousand seven hundred and seventy nine, being the first Session of this present Assembly.

In the House of Assembly.

The Clerk of the Crown having certified that the following persons were duly elected and returned Representatives for the respective Counties and Towns, Vizt,

Anson—James Picket, Charles Robinson.
Bladen—William McRee, John Gibbs.
Brunswick—Robert Howe, William Davis.
Beaufort—James Bonner, Moses Hare.
Bute—Benjn Person, Thomas Eaton.
Bertie—John Campbell, Lillington Lockhart, Jas. Lockhart.
Town of Bath—Wyriot Ormond.
Town of Brunswick—Mau. Moore.
Craven—Jacob Blount, Christopher Neale.
Carteret—William Thompson, Jacob Shepard.
Chowan—Samuel Johnston, Edwd Vail, Richd Brownrigg, Saml Dunscombe, James Blount.
Currituck—John Woodhouse, Keder Merchant, Thos Macknight, Henry White, Saml Jarvis.
Cumberland—Walter Gibson, Freqd Campbell.
Dobbs—Frans Makelivean, Wm McKinnie.
Duplin—William Dickson, Thomas Gray.
Edgecombe—Wm Haywood, Aquila Sugg.
Town of Edenton—Joseph Hewes.
Granville—Thomas Person, Howell Lewis.
Halifax—Abner Nash, Wm Alston.
Hyde—Edwd McSwain, Rotheas Latham.
Town of Halifax—Jos. Montford.
Town of Hillsborough—Edmd Fanning.
Johnston—John Smith, Joel Lane.
Mecklenburg—Abn Alexander, Thomas Polk.
New Hanover—John Ashe, James Moore.
Northampton—Henry Dawson, Howell Edmunds.
Town of Bath—Richard Caswell.
Orange—Hermon Husband, John Pryor.
Onslow—William Cray, Richard Ward.
Perquimans—John Harvey, Benja Harvey, Andrew Knox, John Skinner, Thomas Harvey.
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Pasquotank—Thomas Relfe, Jos. Jones, Jonathan Herring, John Lowry, William Relfe.
Pitt—Richard Evans, Alexr Stewart.
Rowan—Griffith Rutherford, Matthew Lock.
Town of Salisbury—John Dunn.
Tryon—Thomas Neale, William Moore.
Town of Wilmington—Corns Harnett.

Pursuant to which the following Members appeared, Vizt,

Messrs. Mau. Moore, Matthew Lock, Griffith Rutherford, William Haywood, Charles Robinson, James Picket, James Lockhart, Edmund Fanning, Cornelius Harnett, John Ashe, Jos. Hewes, Alexander Stewart, Abner Nash, William Alston, William Dickson, Thomas Gray, William Thomson, Jacob Shepard, John Smith, Joel Lane, James Bonner, Moses Hare, Joseph Montford, Wyriot Ormond, Thomas Relfe, William Relfe, Samuel Johnston, Samuel Dunscombe, Hermon Husband, Joseph Jones, Jonathan Herring, Christopher Nation, Kenneth McKinnie, John Pryor, Thomas Person, Howell Lewis, Needham Bryan, John Smith, William McKinnie, Joseph Bell, John Lowry, Micajah Thomas, Henry Dawson, Howell Edmunds, William Thomson, Abraham Sheppard, John Dunn, Thomas Polk, Abraham Alexander, Matthew Raiford, William Marsh, William Moore, William Cray, Richard Ward, John Spier.

Mr Vail and Mr Dawson waited on His Excellency the Governor and acquainted him that a sufficient number of Members to constitute a House were met, and desire His Excellency to appoint some of the Members of the Council to see them qualified.

The Members being returned brought for answer that His Excellency would appoint two members accordingly.

The Honble William Dry and Robert Palmer, Esquires, two of the members of Council, came to the House, and the above forty two members qualified by taking the Oaths by Law appointed for the qualification of public officers, and repeating and subscribing the Test.

The members waited on His Excellency the Governor in the Council Chamber when he was pleased to direct that they return to the House and make choice of a Speaker.

The members being returned to the House Mr Caswell proposed and set up Colonel John Harvey for Speaker, who was unanimously chosen and placed in the chair accordingly.

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On motion ordered Colo Cray and Mr Thos Relfe wait on His Excellency the Governor, and acquaint him that the House had made choice of a Speaker, and desire to know when they should wait on his Excellency to present him—who being returned brought for answer that His Excellency would receive the House immediately in the Council Chamber.

The House waited on His Excellency the Governor in the Council Chamber and presented the Speaker, whom His Excellency was pleased to approve of, and then made a Speech to His Majestys Council and this House.

Mr Speaker with the House being returned Mr Speaker reported that His Excellency the Governor had made a Speech to the Council and this House, a copy of which to prevent mistakes he had obtained and laid the same before the House.

Then on motion Resolved His Excellency the Governor's Speech be read tomorrow morning.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 24th October 1769.

The House met according to adjournment,

Mr Aquila Sugg one of the Members of Edgcombe County, Mr Moses Hare one of the Members for Beaufort County, and Mr Edwd McSwain and Mr Rotheas Latham the two members of Hyde County appeared.

Two Members of His Majesty's Council came to the House and saw the above four Members qualified.

On Motion ordered that the House proceed to the choice of a clerk to serve in this present Assembly, when Mr James Green Junr was appointed for that purpose, who appeared and took his seat accordingly.

Mr Andrew Knox one of the Members of Perquimans County appeared,

On motion ordered that Mr Cray and Mr Sheppard wait on the Council and desire the attendance of two of their Members, to see the qualification of a Member, and of the Clerk of this House who being returned informed the House they would attend immediately.

The Honble Alexander McCulloch and Wm Dry Esqrs. two of the Members of His Majesty's Council came to the House and Mr Andrew Knox one of the Members for Perquimans County, and Mr James Green Junr Clerk to this House were qualified by taking

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the several Oaths by Law appointed for qualification of public officers and repeating and subscribing the Test

On motion Benjamin Fordham is appointed Mace Bearer and Francis Liner door keeper to this House.

The order of the day being read, Then on motion Resolved His Excellency the Governors Speech be read, Read the same, and is as follows, Vizt

[For Governor's Speech see Journals of Upper House.—Editor.]

Then on motion Resolved the consideration of His Excellency the Governors Speech be deferred till Thursday next.

Then the House adjourned till tomorrow morning 10 oClock,


Wednesday October 25th 1769.

The House met according to adjournment.

The House being informed that Mr Blake Baker who was elected a Member for Halifax County is dead, On motion Ordered His Excellency the Governor be addressed to direct 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 Blake Baker.

Ordered the following Message be sent to His Excellency the Governor, to wit,

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

Sir,

This House having been informed that Mr Blake Baker who was elected one of the members for Halifax County is dead, Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ for Electing a Member for the said County of Halifax to sit and vote in this present Assembly,

JOHN HARVEY, Sp.

Sent by Colonel Dawson and Mr Alston.

Mr McSwain presented a certificate from the Inferior Court of Hyde County therein recommending Benjamin Mordick and Michael his wife (both Mulattos) to be exempt from payment of public taxes and doing public duties.

Mr McSwain presented a Certificate from the Inferior Court of

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Hyde County therein recommending Jacob Gray to be exempt from the payment of public taxes, and doing public duties.

Mr Needham Bryan presented two certificates from the Inferior Court of Johnston County therein recommending David Venson and William Ammon to be exempt from paying public taxes,

Ordered they be exempt during the continuance of their infirmities.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday the 26th October 1769.

The House met according to Adjournment.

Mr John Woodhouse and Henry White two of the members for Currituck County appeared

On motion ordered Mr Bonner and Mr Skinner wait on the Council, and desire the attendance of two of their members to see the qualification of several members, to wit, Mr Woodhouse, Mr White, Mr Jacob Blount, Mr Simpson, Mr Kenan, Mr Dickson, Mr Ebenezer Slade, Mr William Slade, Mr Peter Wynn, Mr Hasell and Mr Eaton, who being returned informed the House they would attend immediately.

The Honble Wm Dry and Alexr McCulloch Esquires two of the Members of Council came to the House and the above eleven members qualified by taking the Oaths by Law appointed for the qualification of Public officers repeating and subscribing the Test.

The order of the day being read to take under consideration His Excellency's Speech, Then on motion ordered the consideration thereof be deferred till tomorrow morning.

On motion ordered that Messrs Richard Caswell, Henry Dawson, Edward Vail, Howell Lewis, John Beasley, Andrew Knox, William Cray, John Lowry and John Simpson be a Committee of Priviledges and Elections: and that they have power to send for persons, papers and records as occasion may require.

On motion ordered that Messrs Henry Dawson, John Simpson, Andrew Knox, William Cray, Aquila Sugg, Hermon Husband, William Thomson, Thomas Person and William McKinnie be appointed a Committee of Public Accounts, And that Messrs Richard Caswell, Andrew Knox, Jacob Blount, Edward Vail, John Skinner, Jno. Beasley, Abraham Sheppard, Joseph Jones and John Dunn be appointed a Committee of Public Claims in conjunction with such of the members of His Majesty's Honble Council as they shall think fit to appoint, and that the following message be sent to the Council,

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Gentlemen of His Majesty's Honble Council,

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

JOHN HARVEY, Speaker.

Sent by Mr Dawson and Mr Vail.

On motion ordered that Messrs John Woodhouse, Joseph Jones, Thomas Harvey, Hoskins, McKinzie, Edward Hare, Edmunds, Alston, Thomas, Eaton, Thos Person, Smith, Pryor, McKinnie, Rutherford, Alexander, Moore, Mask, Thos Bonner, Spier, Jacob Blount, Thompson, Ward, Caswell, McSwain, Dunn and Dickson be appointed a Committee of Propositions and Grievances.

Mr Caswell presented a petition from the free holders of Orange County complaining of an undue Election (with an affidavit of the Sheriff thereto annexed) in the said County praying relief &ca which was read, and ordered to be referred to the Committee of Priviledges and Elections.

Then the House adjourned till 10 oClock tomorrow morning.


Friday the 27th October 1769.

The House met according to adjournment.

Mr Dawson moved for leave to prepare and bring in a Bill for the more easy and speedy recovery of small debts and other purposes.

Ordered he have leave accordingly.

The order of the day being read Then on motion Resolved that the House Resolve itself into a Committee of the whole House tomorrow Morning to take under consideration the several matters recommended in the said Speech.

Mr Husband moved for leave to read sundry petitions from the Inhabitants of Orange County, and an affidavit taken before Jacob Blount Esquire respecting the Election in the said County.

Ordered he have leave accordingly.

Mr Husband read the same and on motion ordered the said affidavit be referred to the Committee of Priviledges and Elections, and

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that the Petitions and other papers lie on the table for the consideration of the Members.

Mr Edmunds moved for leave to bring in a Bill in addition to an Act Intitled an Act to prevent the unreasonable destruction of fish &ca.

Ordered he have leave accordingly.

On motion ordered that Mr Thomas Polk and Mr Griffith Rutherford be added to the Committee of Claims, and that Mr Thomas Eaton be added to the Committee of Public Accounts.

Mr Eaton presented sundry Certificates from the Inferior Court of Bute County therein recommending Stephen Gupton, Gilbert Prince and Thomas Jones (son of Willis Jones) to be exempt from payment of public taxes.

Ordered they be exempt accordingly.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday 28th October 1769.

The House met according to adjournment,

The order of the day being read. Then on motion Resolved, that the House resolve itself into a Committee of the whole House to take into consideration His Excellency the Governors Speech, and unanimously chose Mr Wm Cray, Chairman after the same was read and some time spent the committee come 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 into consideration His Excellency's Speech, and came to several resolutions thereon which Mr Chairman reported to the House, The same were approved of, and that they be instructions to the Committee to be appointed to prepare an Address in answer to His Excellency's Speech,

On motion ordered that Mr Richard Caswell, Mr Andrew Knox, Mr Henry Dawson, Mr William Cray, Mr John Dunn, Mr Edward Vail and Mr Jacob Blount, be a committee to prepare an address in answer to His Excellency the Governors Speech, and report the same to the House for approbation.

Mr Caswell presented the petition of Wyriot Ormond of Bath Town complaining of the undue Election of John Maule Esqr Representative for the Town praying the same may be enquired into by

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the House which was read, and on motion ordered the said petition be referred to the Committee of Priviledges and Elections

Mr Person moved for leave to bring in a Bill to prevent deceitful and excessive gaming.

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

Then the House adjourned till tomorrow morning 10 oClock.


Monday the 30th October 1769

The House met according to adjournment.

Mr William McRee and Mr John Grange members for Bladen County, Mr Cornelius Harnett Member for the Town of Wilmington, and Mr James Moore one of the Members for New Hanover County, and Mr Lillington Lockhart one of the members for Bertie County appeared, The Clerk of the Crown having certified and returned certificates to this House of the due Election of the above Members,

On motion ordered that Mr Vail and Mr Dunn wait on the Council and desire the attendance of two of their Members to see the above five Members qualified who being returned informed the House, two of His Majestys Council would attend immediately.

The Honble William Dry and Robert Palmer Esquires two of the Members of Council came to the House, and the above five Members qualified by taking the Oaths by Law appointed for the qualification of public officers, and repeating and subscribing the Test.

Mr Richard Caswell from the Committee appointed to prepare an address in Answer to His Excellency the Governors Speech, informed the House that the said Committee had prepared the same, which he read in his place, and delivered in at the Table when the same was again read

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

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

Sir,

We his Majestys most dutiful and loyal Subjects the Members of the Assembly of the Province of North Carolina return your Excellency

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our sincere thanks for your Speech at the opening of this Session; and beg leave to congratulate your Excellency on your happy return from Virginia to your Government.

The Information your Excellency has given us that no petition to His Majesty from the Colonies, praying an emission of paper currency as a legal tender can meet with success, gives us the utmost concern, as we flattered ourselves that on the humble representation of the late Assembly with your Excellencys Interest at home, which you were pleased so kindly to offer, and which we doubt not has been most strenuously exerted in favour of the Province, we should have obtained the redress so necessary to the distressed situation and circumstances of this Country.

We are truely sensible of the necessity of having an Agent in England duly authorized to Act in every case in which the interest of this Colony may be concerned, This House therefore will proceed to the appointment of an Agent, in which we hope to have the concurrence of the other branches of the Legislature and will make the necessary provision for supporting such an establishment,

The encouragement given by Act of Parliament to the culture of raw silk in America is pleasing and agreeable to us, and we assure your Excellency that it shall meet with such encouragement (consistent with the true interest of this Colony) as so Interesting an object may require.

The making provision of powder and lead for his Majesty's Service and the defence of this Government at this time when we are enjoying the blessings of peace, permit us Sir to say we humbly apprehend is by no means necessary, as every clog or tax whatsoever upon our Trade must of necessity be a discouragement to the same, and of Course have such a tendency as may be prejudicial rather than advantageous to the Country.

The State of our public funds at no time since the Settlement of the Colony has required a more strict examination than at present; and we agree with your Excellency that a settlement of the public accounts should be forthwith obtained, so as a general state of them may be made known to the Country, and shall be extremely obliged to your Excellency for any observations or regulations in the manner of keeping the Public Accounts, that you shall be pleased to lay before us, which may tend to render the same free from that obscurity they have hitherto been in.

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We shall ever esteem it our indispensible duty to enquire into and see how far the Laws for the emission of paper currency have had their effect, and in whose hands the sums raised to sink those emissions remain.

The Intelligence your Excellency has received from Home, and which you are pleased to communicate to us regarding the intention of His Majesty's present Ministers having no design to propose to Parliament to lay any further taxes on America for the purpose of raising a revenue, and their proposing to take off the duties upon glass paper and colours is very grateful to us, and will be much more so, when we find their designs are carried into execution, even upon the consideration of such duties having been laid contrary to the true principles of Commerce and we rejoice that we are so happy as to have the sentiments of the Ministry in that particular coincide with our own,

We sympathize with the unfortunate sufferers in the late storm in general, and with the inhabitants of New Bern in Particular, But the calamities, losses and misfortunes occasioned thereby being general, we cannot consistent with the duty we owe our Constituents, think of granting them assistance in preference to any other part of the Province, least by so doing, we should shew a partiality we would ever endeavour to avoid

JOHN HARVEY, Sp.

On motion ordered Mr Harnett be added to the Committee of Accounts,

On motion ordered Mr Harnett and Mr Jas Moore be added to the Committee of Priviledges and Elections.

Recd from the Council the following Message 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 Esquires, a Committee of this House to examine state and settle the Public accounts, and the Honble Lewis Henry DeRosset and John Sampson Esquires a Committee of this House to settle and allow Public Claims.


In the upper House 30th October 1769.

Mr Caswell moved for leave to present a Bill for appointing an

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agent to solicit the affairs of this Province at the several Boards in England,

Ordered he have leave accordingly.

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

Sent by Mr Knox and Mr William Slade

Mr William Slade presented the petition of Sundry inhabitants of Tyrrel County, praying the upper part of Tyrrel and lower end of Halifax Counties may be erected into one distinct County and Parish which was read,

Mr Slade moved for leave to prepare and bring in a Bill pursuant to the prayer of the said Petition.

Ordered he have leave accordingly.

Mr Wm. Slade pursuant to order brought in 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, which he read in his place and delivered in at the Table where the same was again read, passed and ordered to be sent to the Council.

Sent to the Council by Mr Slade and Mr Knox.

Mr Caswell presented the petition of sundry inhabitants of Hertford County praying an Act may pass for establishing free ferries and bridges in the said County &ca which was read.

Mr Caswell moved for leave to present a Bill pursuant to the prayer of the said Petition.

Ordered he have leave accordingly.

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

Sent by Mr Cray and Mr Edward Hare.

Then the House adjourned till 4 oClock.

The House met according to adjournment.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday the 31st October 1769.

The House met according to adjournment.

On motion ordered that Mr Moore and Mr Beasley wait on His Excellency, and acquaint him the House have prepared an Address

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in answer to His speech at the opening of this Session, and desire to know when they shall wait on him to present the same, who being returned brought for answer that His Excellency would receive the House when his health would permit, of which he would give the House notice.

Mr Dunn moved for leave to bring in a Bill for the regulation of Salisbury securing the Inhabitants in their possessions and to encourage the Inhabitants of the said Town and other purposes.

Ordered he have leave accordingly.

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

Sent by Mr Dunn and Mr Kenan.

Mr McKinnie moved for leave to present a Bill to prevent burning the woods at unseasonable times of the year.

Ordered he have leave accordingly.

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

Sent by Mr Dunn and Mr Kenan.

Mr Polk moved for leave to present a Bill to encourage the destroying of vermin in the several Counties therein mentioned.

Ordered he have leave accordingly.

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

Sent by Mr Dunn and Mr Kenan.

Mr Caswell moved for leave to present a Bill for appointing a ballast master for the navigation for the Swatch and Beacon Island Road and Ocacock Inlet.

Ordered he have leave accordingly.

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

Sent by Mr Dunn and Mr Kenan.

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

31st October 1769. In the upper House, read the first time and passed.

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Mr Mask moved for leave to present a petition from sundry of the Inhabitants of Anson County which was read, and ordered to be referred to the Committee of Propositions and Grievances.

Recd from His Excellency the Governor the following Message, to wit,

I herewith send you the observations and regulations on the method of keeping the public Accounts of this Province which in my Speech at the opening of the Session I promised to lay before you for your deliberation.

Wm. TRYON.

New Bern 31st October 1769.

Recd at the same time the observations and regulations on the method of keeping the Public Accounts of this Province, which was read and ordered to lie for consideration.

Mr John Ashe one of the members for New Hanover County and Mr John Campbell one of the members for Bertie County appeared.

On motion ordered that Mr Dunn and Mr Kenan wait on the Council to desire the attendance of two of their Members to see the qualification of the above two members.

The Honble William Dry and Robert Palmer Esqrs two of the members of His Majestys Council came to the House, and Mr John Ashe one of the members for New Hanover County, and Mr John Campbell one of the members for Bertie County, were qualified by taking the Oaths by Law appointed for qualification of Public officers and repeating and subscribing the test.

Mr Ashe informed the House that Mr Person one of the Members of this House hath been frequently charged with perjury and if guilty thereof is unworthy of a seat in this House.

On motion ordered that Messrs. William Mask, John Grange, Thomas Bonner, Benjamin Ward, John Campbell, Jacob Blount, Jos. Bell, Edward Vail, John Woodhouse, Abraham Shepard, Felix Kenan, Aquila Sugg, Wm. Alston, Edward Hare, Edward McSwain, John Smith, Thomas Polk, James Moore, Henry Dawson, John Pryor, William Cray, Andrew Knox, Jos Jones, Howell Lewis, John Simpson, Griffith Rutherford, William Slade, William Moore, Cornelius Harnett, and Richard Caswell be a Committee to enquire into the said Facts, that they have power to send for persons and papers and report their opinion to the House.

Recd from the Council the following Bills, to wit,

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A Bill to prevent burning the woods at unseasonable times of the year,

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,

A Bill to encourage the destroying of vermin in the several Counties therein mentioned, and,

A Bill for appointing a ballast master of navigation of the Swatch and Beacon Island Road and Ocrakock Inlet,

31st October 1769, In the upper House read the first time and passed.

Mr Dawson according to order prepared and brought in 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 passed and ordered to be sent to the Council.

Sent by Mr Blount and Mr Moses Hare.

Then the House adjourned till 4 oClock in the afternoon.

The House met according to adjournment.

Mr Blount presented several certificates from the Inferior Court of Craven County therein recommending Vincent Amiet, James Whiting and Andrew Morgan to be exempt from payment of Public Taxes and doing public duties.

Ordered they be exempt accordingly.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday the 1st November 1769.

The House met according to adjournment.

On motion Resolved that the Clerks of the Respective Inferior Courts in this Province be directed to transmit to the Clerks of the Assembly on or before the first meeting of the General Assembly in each year after the first day of February a true and exact list of taxables in their respective Counties containing the names of each Taxable given in and that the said Clerks be paid by the public Treasurers the sum of thirteen shillings and four pence for each list

Mr Edmunds according to order presented a Bill in addition to an Act Intitled an Act to prevent the unreasonable destruction of fish in the rivers of Meherin, Pee Dee and Catawba which he read

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in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council

Sent by Mr Edmunds and Mr Edmund Hare

On motion ordered the Bill appointing an agent be read a second time, Read the same the second time amended passed and ordered to be sent to the Council

Sent by Mr Kenan and Mr Thomas

Recd from the Council the following Bills, Vizt

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

A Bill in addition to a Bill Intitled an Act to prevent the unreasonable destruction of fish in the Rivers of Meherrin, Pee Dee and Catawba,

November 1st 1769, In the upper House read the first time and passed

Mr Ashe presented a petition from sundry Inhabitants in the County of Halifax complaining of an undue election of Members for the said County praying relief &ca, ordered the said Petition be referred to the Committee of Priviledges and Elections,

Mr Harnett presented the petition of James Kennedy praying relief &ca

On motion Resolved that James Kennedy be paid by the Treasurers or one of them the sum of thirty pounds proc money out of the contingent fund and that the same be allowed them in their accounts with the public.

On motion Resolved the said petition and the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council.

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

Sent by Mr Woodhouse and Mr Moore

On motion ordered the Bill to prevent burning the woods at unseasonable times of the year be read a second time, Read the same the second time, amended, passed and ordered to be sent to the Council.

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Sent by Mr McKinnie and Mr Thomas.

On motion ordered the Bill to encourage the destroying of vermin in the several 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 by Mr McKinnie and Mr Thomson.

Then the House adjourned till 4 oClock in the afternoon.

The House met according to adjournment.

Mr Bonner moved for leave to present a Bill to confirm the qualification of Henry Lockey Sheriff of Beaufort County.

Ordered he have leave accordingly.

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

Sent by Mr McKinnie and Mr Thomson.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday the 2nd November 1769.

The House met according to adjournment.

Mr McRee presented the petition of sundry Inhabitants of Bladen County praying relief of such persons as have suffered by a late fire which consumed the books of the Clerks and Registers of the said County.

Mr McRee moved for leave to present a Bill agreeable to the prayer of the said Petition.

Ordered he have leave Accordingly.

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

Mr Speaker laid before the House a letter which he received from the Speaker of the House of Burgesses in Virginia inclosing sundry resolutions of that House.

On motion ordered the said letter and Resolutions be read—read the same—Then on motion Resolved the House Resolve into a Committee of the whole House to consider the present state of the Colony.

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The House Resolved into a Committee of the whole House and unanimously chose Mr John Campbell Chairman who was placed in the Chair accordingly, and after some time spent the Committee came to the following Resolutions, to wit,

Resolved, Nem Con, That the sole right of imposing taxes on the Inhabitants of this His Majesty's Colony in North Carolina is now and ever hath been legally and constitutionally vested in the House of Assembly lawfully convened according to the antient and established practice with the consent of the Council and his Majesty the King of Great Britain or his Governor for the time being.

Resolved, Nem Con, That it is the undoubted priviledge of the Inhabitants of this Country to petition their Sovereign for redress of Grievances; and that it is lawful and expedient to procure the concurrence of his Majesty's other Colonies in dutiful addresses praying the royal interposition in favour of the violated rights of America.

Resolved, Nem Con, That all trials for treason misprision of treason or for any felony or crime whatsoever committed and done in this His Majesty's said Colony by any person or persons residing therein, ought of right to be had and conducted in and before His Majesty's Courts held within the said Colony, according to the fixed and known course of proceeding; and that the seizing any person or persons in this Colony suspected of any crime whatsoever committed therein and sending such person or persons to places beyond the sea to be tried, is highly derogatory to the rights of British Subjects, as thereby the inestimable priviledge of being tried by a jury from the Vicinage, as well as the liberty of summoning and producing witnesses on such Tryal will be taken away from the party accused,

Resolved, Nem Con, That an humble, dutiful and loyal address be presented to His Majesty to assure him of our inviolable attachment to his sacred person and Government, and to beseech his royal interposition, as the Father of all his people however remote from the seat of His Empire to quiet the minds of his royal subjects of this Colony and to avert from them those dangers and miseries which will ensue from the seizing and carrying beyond the sea any person residing in America suspected of any crime whatsoever to be tryed in any other manner than by the antient and long established course of proceeding.

Resolved That it is the opinion of this Committee the following address be presented to His Majesty, to wit,

-------------------- page 123 --------------------

To the Kings most Excellent Majesty,

The Humble address of his dutiful and loyal Subjects the House of Assembly of his Majestys Colony of North Carolina met in General Assembly.

May it please your Majesty,

We your Majesty's most loyal dutiful and affectionate Subjects the House of Assembly of this your Majestys Colony of North Carolina now met in General Assembly, Beg leave in the most humble manner to assure your Majesty, that your faithful subjects of this Colony, ever distinguished by their loyalty and firm attachment to your Majesty and your Royal Ancestors, far from countenancing traitors, treason or misprision of treason, and ready at any time to sacrifice our lives and fortunes in defence of your Majestys sacred person and Government,

It is with the deepest concern, and most heartfelt grief that your Majesty's dutiful subjects of this Colony find that that loyalty has been traduced, and that those measures which a just regard for the British Constitution (dearer to them than life) made necessary duties have been misrepresented as rebellious attacks upon your Majestys Government.

When we consider that by the established Laws and Constitution of this Colony the most ample provision is made for apprehending and punishing all those who shall dare to engage in any treasonable practices against your Majesty or disturb the tranquility of Government, we cannot without horror think of the new, unusual, and permit us withall humbly to add unconstitutional and illegal mode recommended to your Majesty of seizing and carrying beyond sea the Inhabitants of America suspected of any crime, of trying such person in any other manner than by the Ancient and long established course of proceeding for, how truly deplorable must be the case of a wretched American, who, having incurred the displeasure of any one in power, is dragged from his native home, and his dearest domestick connections, thrown into a prison, not to await his tryal before a Court, Jury or Judges, from a knowledge of whom he is encouraged to hope for speedy Justice, but to exchange his imprisonment in his own country, for fetters among strangers, conveyed to a distant land where no friend, no relation will alleviate his distress or minister to his necessities, and where no witnesses can be found to testify his innocence, shunned by the respectable and

-------------------- page 124 --------------------
honest and conveyed to the society and converse of the wretched and the abandoned, he can only pray that he may soon end his misery with his Life.

Truly alarmed at the fatal tendency of these pernicious Councils, and with hearts filled with anguish by such dangerous invasions of our dearest priviledges we presume to prostrate ourselves at the foot of your Royal throne, Beseeching your Majesty as our King and Father, to avert from your faithful and loyal Subjects in America, those miseries which must necessarily be the consequence of such Measures.

After expressing our firm confidence in your Royal wisdom and goodness, permit us to assure your Majesty that the most frequent prayers of your people of this Colony our daily addresses to the Almighty that your Majestys reign may be long and prosperous over Great Britain, and all your Dominions, and that after death your Majesty may taste the fullest Fruition of Eternal Bliss, and that a descendant of your illustrious House may reign over the extended British Empire, until time shall be no more.

JOHN HARVEY,
Speaker of the House of Assembly.

November 2d 1769.

Then on motion Mr Speaker resumed the Chair and Mr Chairman Reported the said Resolutions, which being severally read a second time,

Resolved, Nem Con, That the House do agree with the Committee in the said Resolutions.

On motion ordered that the Committee of Correspondence transmit the address of this House to the Agent for this Colony with directions to cause the same to be presented to His Majesty, and afterwards to be printed and published in the English papers.

Recd from the Council the Resolve of this House regarding an allowance to James Kennedy, Endorsed 2d November 1769, In the upper House Concurred with,

JAMES HASELL, P.

On motion ordered the following Message be sent to His Excellency the Governor, Vizt.

-------------------- page 125 --------------------

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

Sir,

This House herewith send your Excellency a Resolve thereof allowing the sum of thirty pounds out of the contingent fund to James Kennedy, to which His Majesty's Council have concurred, and desire your Excellency's Assent thereto, as your Excellency was pleased to recommend said James Kennedy as a proper object to the last session of Assembly,

JOHN HARVEY, Sp.

Sent by Mr Harnett and Mr Vail.

On motion Resolved that Messrs. Caswell, Jacob Blount and Shepard be appointed a Committee of this House to receive from the executors of William Herritage deceased late Clerk of this House, all books, Journals and papers, belonging to the Assembly and lodge the same in the hands of the present Clerk after taking an inventory or schedule thereof, to be laid before this House.

Recd from the Council the following Bills, Vizt

The Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England, Endorsed, 2d November 1769. In the upper House read the second time amended and passed

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, Endorsed 2nd November 1769, In the upper House read the first time and passed

On motion ordered the Bill for appointing a Ballast Master of the navigation for the Swatch and Beacon Island road, near Ocacock Inlet be read a second time, Read the same the second time and rejected,

Recd from his Excellency the Governor the Resolve of this House regarding the allowance of James Kennedy, Endorsed,

Concurred with
Wm. TRYON.

Also the following Message, to wit,

Mr. Speaker and Gentlemen of the House of Assembly

I return you the Resolve for allowing James Kennedy thirty pounds out of the contingent fund, to which I have given my Assent,

Wm. TYRON.

2nd November 1769,
-------------------- page 126 --------------------

Recd from the Council the following Bills, to wit,

The Bill for confirming the qualification of Henry Locky Sheriff of Beaufort County, Endorsed 2nd November 1769, In the upper House, Read the first time amended and passed.

The Bill to prevent burning the woods at unseasonable times of the year, and,

The Bill to encourage the destroying of vermin in the Counties therein mentioned, Endorsed 2nd November 1769, In the upper House read the second time amended and passed,

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, and on motion ordered the said Bill be committed to a Committee of the whole House.

The House resolved into a Committee of the whole House to consider said Bill and chose Mr Joseph Bell chairman who was placed in the chair accordingly, and after some time spent the Committee came to several Resolutions which Mr Chairman was directed to report to the House, and then on motion Mr Speaker resumed the chair, and Mr Chairman reported the Resolutions of the Committee which were received by the House, and ordered the amendments proposed be inserted in the Bill. Then on motion ordered the said Bill be read with the amendments, Read the said Bill, amended, passed and ordered to be sent to the Council.

Sent by Mr Lewis and Mr Edmunds.

Then the House adjourned till tomorrow morning 10 oClock.


Friday the 3rd November 1769.

The House met according to adjournment.

Recd from His Excellency the Governor the following Message Vizt,

Mr. Speaker and Gentlemen of the House of Assembly,

I send for your allowance an Account of some disbursements made by me for the public amounting to eighty two pounds two shillings and two pence.

Wm. TRYON.

Recd at the same time an Account of the said disbursements.

On motion Resolved the same be paid out of the Contingent fund, and that the Treasurers be allowed in their accounts with the public for the same.

-------------------- page 127 --------------------

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

Gentlemen of His Majesty's Honble Council,

We send you herewith an account of disbursements by His Excellency William Tryon Esquire, Governor &ca, for the public, 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.

Sent by Mr Blount and Mr Dunn.

Mr Caswell moved for leave to present a Bill for further continuing an Act Intitled an Act for appointing a printer to this Province.

Ordered he have leave accordingly.

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

Sent by Mr Blount and Mr Dunn.

Mr Rutherford moved for leave to present a Bill to amend an Act Intititled an Act [prescribing] what Fences are sufficient.

Ordered he have leave accordingly.

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

Sent by Mr Rutherford and Mr Wm Slade.

Mr Caswell presented the petition (with sundry affidavits annexed) of John Smith of this Town setting forth that in the late storm he was possessed of four hundred and seventy three pounds in proclamation money and Bills of Credit which was totally lost and destroyed, praying relief, &ca.

On motion Resolved the said John Smith be allowed and paid the sum of four hundred and seventy three pounds out of the sinking fund as it is made fully to appear to this House that the said John Smith lost proclamation money and Bills of Credit to that amount in the late storm which was entirely destroyed thereby, and that the Treasurers pay him the same and be allowed them in their accounts with the public.

On motion ordered the following message be sent to the Council, Vizt,

-------------------- page 128 --------------------

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, Sp.

3d November 1769.

Sent by Mr Blount and Mr Shepard.

Mr Harnett presented the petition of John Turner complaining of an undue Election of Representatives for Bladen County praying the same may be enquired into &ca

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

On motion ordered the Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England be read a third time, Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Blount and Mr Sheppard.

Recd from the Council the message of the House regarding the allowance of His Excellency the Governors disbursements, Endorsed 3rd November, In the upper House, Concurred with

JAMES HASELL, P. C.

On motion ordered the following message be sent to His Excellency the Governor, Vizt,

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

Sir,

We herewith return your Excellency's account of disbursements for the public allowed by this House and concurred with by the Council,

JOHN HARVEY, Sp.

3rd November 1769.

Sent by Mr Campbell and Mr Harnett.

Recd from the Council the resolve of this House regarding an allowance to John Smith, Endorsed, 3rd November 1769, In the upper House concurred with

JAMES HASELL, P. C.
-------------------- page 129 --------------------

On motion ordered 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 the petition of John Smith together with the Resolve of this House for allowing the said John Smith the sum of four hundred and seventy three pounds concurred with by the Council, to which we desire your Honors Concurrence.

JOHN HARVEY, Sp.

Sent by Mr Thomson and Mr Eaton 3rd November 1769.

Recd from the Council the following Bills, Vizt.

The Bill to amend an Act Intitled an Act [to prescribe] what Fences are sufficient, Endorsed 3rd November 1769, In the upper House read the first time and passed.

The Bill for further continuing an Act Intitled an Act for appointing a printer to this Province, Endorsed 3rd November 1769, In the upper House read the first time and passed.

Recd from the Council the following Message 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 at the several Boards in England, We observe an impropriety in the words during the term aforesaid in the fifteenth and sixteenth lines from the top of the said Bill which we propose to dele, and also the words the said term in the twenty fourth line from the top, and insert instead thereof the words this Act, to which if you agree please to send some of your members to see those alterations made, In the upper House 3rd November 1769.

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

Gentlemen of His Majestys 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


3rd November 1769.
JOHN HARVEY, Sp.
-------------------- page 130 --------------------

Mr Vail and Mr Bell being returned from the Council reported that they had agreeable to the order of the House seen the alterations made in the Bill for appointing an agent to solicit the affairs of this Province at the several Boards in England.

Recd from His Excellency the Governor the Resolve of this House of this day regarding the allowance of His Excellency's disbursements, Endorsed, Concurred with.

Wm. TRYON.

Also the following Message, Vizt.

Mr. Speaker and Gentlemen of the House of Assembly,

I return you your resolve for an allowance of my disbursements for the public.

Wm. TRYON.

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

Sent by Mr Bonner and Mr Wynn.

On motion ordered the Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County be read the second time, read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Bonner and Mr Wynn.

Recd a verbal Message from His Excellency the Governor by Mr Edwards requiring the immediate attendance of this House at his own House,

Mr Speaker with the House waited on His Excellency the Governor and presented him with the Address of this House and being returned Mr Speaker Reported that he with this 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, and it is as follows, to wit,

Mr. Speaker and Gentlemen of the House of Assembly,

I thank you for your congratulations on my return from Virginia to this Country. It would have afforded me much satisfaction if the supply of ammunition for the protection of the Country, and

-------------------- page 131 --------------------
the assistance for the Town of New Bern, which I recommended to you in my speech, had been honoured with your approbation

Wm. TRYON.

Mr Caswell moved for leave to present a petition from sundry of the inhabitants of New Bern praying relief &ca.

Mr Caswell moved for leave to present a Bill for the further amendment and continuing an Act Intitled an Act to prevent the Exportation of unmerchantable commodities, which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council

Sent by Mr Cray and Mr Granger.

Mr Kenan moved for leave to present a Bill in addition to an Act Intitled an Act for preventing the frequent abuses of taking up and secreting of stray horses in the Counties &ca

Ordered he have leave accordingly.

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

Sent by Mr Kenan and Mr Dickson

Recd from the Council the following Bill, Vizt

The Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County. Endorsed, 3d, November 1769, In the upper House read the second time amended and passed,

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

Sent by Mr Blount and Mr Benja Ward.

Mr Person moved for leave to present a Bill to amend an Act Intitled 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,

Ordered he have leave accordingly.

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

Sent by Mr Person and Mr Lewis.

Mr Sheppard moved for leave to absent himself from the service of the House till Monday next

-------------------- page 132 --------------------

Ordered he have leave accordingly

On Motion ordered Mr Richard Ward have leave to absent himself from the service of the House till Monday next,

Then the House Adjourned till tomorrow Morning 10 oClock


Saturday the 4th November 1769.

The House met according to adjournment.

On motion ordered the Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County be read a third time, read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Bonner and Mr Woodhouse.

On motion ordered the Bill to encourage the destroying of vermin in the several Counties therein mentioned be read a third time, read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Simpson.

Recd from His Excellency the Governor the Resolve of this House regarding John Smith, Endorsed, concurred with.

Wm. TRYON.

Also the following Message, to wit,

Mr. Speaker and Gentlemen of the House of Assembly,

I return you the petition of John Smith of New Bern, with your resolve for allowing him four hundred and seventy three pounds, which I have with pleasure assented to.

Wm. TRYON.

Recd from the Council the Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County, Endorsed 4th November 1769, In the upper House, read the third time and passed. Ordered to be engrossed. And

The 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, Endorsed 4th November 1769, In the upper House, read the first time and passed.

Mr Eaton moved for leave to prepare and bring in a Bill to encourage any person to discover a cure or remedy against the present raging distemper among Black Cattle.

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

-------------------- page 133 --------------------

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

Sent by Mr Edmunds and Mr Alexander.

Mr Dunn presented the Petition of Thomas Case setting forth that he having been wounded in a fight on the Catawba river and thereby rendered incapable of supporting himself, &ca, praying relief.

Ordered the petition lie on the Table.

On motion ordered the Bill to prevent burning the woods at unseasonable times of the year be read a third time, read the same the third time, amended, passed and ordered the same be sent to the Council.

Sent by Mr McKinnie and Mr Thomson.

Recd from the Council the following Bills, towit,

The Bill for erecting the upper part of Tyrrel and the lower part of Halifax Counties into a separate and distinct County and Parish by the name of —— County and —— Parish and other purposes, Endorsed 4th November 1769, In the upper House, read the second time, amended and passed.

The Bill for the more easy and speedy recovery of small debts and other purposes, Endorsed 4th November 1769, In upper House, read the second time, amended and passed.

The Bill for the further amendment and continuing an Act Intitled an Act to prevent the exportation of unmerchantable commodities, Endorsed 4th November 1769, In the upper House, read the first time and passed.

Recd from the Council the following Bills, towit,

The 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, Endorsed, 4th November 1769, In the upper House read the second time and passed, and,

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, Endorsed 4th November 1769, In the upper House read the second time amended and passed.

Recd a verbal message from His Excellency the Governor by Mr Burgwin requiring the immediate attendance of this House in the Council Chamber,

-------------------- page 134 --------------------

Mr Speaker with the House waited upon His Excellency the Governor in the Council Chamber, when he was pleased to make a Speech to this House a copy of which to prevent mistakes Mr Speaker had obtained and laid before the House.

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

Mr. Speaker and Gentlemen of the House of Assembly,

Upon looking over the votes of your House, I find some Resolves upon your Journals—Resolves, that after the assurance I had given you in my Speech, have sapped the foundations of confidence and gratitude, have torn up by the roots every sanguine hope I entertained to render this Province further service, if in truth I have rendered it any; and made it my indispensable duty to put an end to this Session. I shall therefore require your attendance on Monday next, when you will present to me such Bills as may then be prepared.

Wm. TRYON.

4th November 1769.

Then the House adjourned till Monday Morning 10 oClock.


Monday 6th November 1769.

The House met according to adjournment.

Mr Jacob Blount presented the affidavit of James Davis setting forth that in the late storm he had three pounds proclamation money lost, which he apprehends was totally destroyed.

On motion Resolved that the said Jas Davis be allowed three pounds, and that the same be paid out of the sinking fund by the public Treasurers who shall be allowed the same in the settlement of their accounts with the public, and Ordered the following Message be sent to the Council, Vizt,

Gentlemen of His Majesty's Honourable Council,

This House have 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 out of the sinking fund, and desire your Honors concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr Jacob Blount and Mr Dunn.

-------------------- page 135 --------------------

Mr Harnett moved for leave to present a Bill for erecting the Counties of Anson and Cumberland into a district by the name of —— District, and establishing a Superior Court for the same.

Ordered he have leave accordingly.

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

Sent by Mr Blount and Mr Dunn.

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

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

Sir,

The assurance your Excellency gave this House at the opening of this Session of the repeal of those Acts so contrary to the interest both of Great Britain and America, had the repeal of them happily for us been in your power, would have been a certainty, upon which the House could not but have relied, without indeed sapping the foundations of confidence and gratitude and justly forfeiting all title to your Excellency's future favour and services.

But as those assurances were in consequence of expectations founded on the intention of Ministers to recommend such appeal to Parliament who might or might not have been in place at the next meeting thereof, we could not but think it a duty we indispensibly owed our constituents, to express our disapprobation of Acts and measures, in our apprehension grievous and unconstitutional.

To this motive alone we beg of you Sir, to impute those Resolves, not to a loss of confidence in your Excellency or for want of a very grateful remembrance of those signal services you have rendered this Province; and we with pleasure take this public opportunity of declaring to the World the Benefits this Province have received from your Excellency's Administration, have excited in our bosom the warmest sensations of Gratitude, and most deservedly obtain you the blessing of Posterity.

JOHN HARVEY, Sp.

Sent by Mr Moore and Mr Dunn.

Mr Cray presented the petition of Jane Wilton setting forth that in the late storm she had nineteen pounds proclamation money or Bills totally destroyed praying relief &ca.

-------------------- page 136 --------------------

On motion Resolved the sum of nineteen pounds be allowed to Jane Wilton, and paid by public Treasurers out of the sinking fund, and allowed them in their Accounts with the public.

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

Gentlemen of His Majesty's Honble Council,

This House have allowed Jane Wilton 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 concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr Cray and Mr Eaton.

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

Sent by Mr Edmunds and Mr Lewis.

Recd from the Council the Resolve of this House regarding James Davis, Endorsed, 6th November 1769, In the upper House.

Concurred with
JAMES HASELL, P. C.

Also the Resolve of this House regarding Jane Wilton, Endorsed, 6th November 1769, In the upper House, Concurred with

JAMES HASELL, P. C.

On motion ordered 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 your Excellency the Resolve of this House for allowing James Davis the sum of three pounds also the Resolve of this House for allowing Jane Wilton the sum of nineteen pounds, both of which are concurred with by His Majesty's Council, and desire your Excellency's Assent.

JOHN HARVEY, Sp.

Sent by Mr Pollock and Mr Davis.

On motion ordered that the Bill for the further amendment and continuing an Act Intitled an Act to prevent the exportation of

-------------------- page 137 --------------------
unmerchantable commodities be read a second time, Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Thomas Relfe and Mr Kenan.

On motion ordered the Bill to impower the Justices in the several Counties therein mentioned to establish free ferries and bridges in their respective Counties and lay a tax for defraying the charges thereof be read a third time, read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Edmunds and Mr Moore.

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

Sent by Mr Edmunds and Mr Moore,

On motion ordered the Bill to amend an Act Intitled an Act [to prescribe] what fences are sufficient be read a third time, read the same the third time, amended passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Smith.

On motion ordered the Bill for erecting the upper part of Tyrell and lower part of Halifax Counties into one separate and distinct County and Parish by the name of Bedford County and Saint John Parish 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 William Slade and Mr Wynn.

Recd from His Excellency the Governor the following message, towit,

Mr. Speaker and Gentlemen of the Assembly,

I return you the two Resolves of your House, the one for allowing James Davis the sum of three pounds, the other for allowing Jane Wilton the sum of nineteen pounds, to both of which I have assented.

Wm. TRYON.

Recd at the same time the two resolves of this House regarding the allowance of the said James Davis and Jane Wilton, Endorsed 6th November 1769, Concurred with.

Wm. TRYON.

And the following Message, to wit,

-------------------- page 138 --------------------

Mr. Speaker and Gentlemen of the House of Assembly,

In answer to your Message of this day I am sorry to observe you have founded your late conduct on a jealousy of the intention of Ministers who might or might not be in office at the Meeting of Parliament; I assure you that I received those assurances communicated to you in my Speech, as the voice of the Crown and do not believe a change of the Ministry will make any change of the measures therein adopted by his Majesty's present Servants.

I thank you for your highly Honorable Testimonies you give me of your approbation of my Conduct during my administration.


6th November 1769.
Wm. TRYON.

On motion ordered the following Message be sent His Majesty's Honble Council.

Gentlemen of His Majesty's Honble Council,

In answer to your Message of this day relative to the Bill to prevent burning the woods at unseasonable times of the year, We agree that Duplin shall be steted, but cannot agree that New Hanover shall be steted in the Bill, and send Mr Ashe and Mr Kenan two of the members of this House to see Duplin steted accordingly. We acknowledge the receipt of your Message respecting the claim of James Walker and Jas. Craig and cannot agree to allow the same.

JOHN HARVEY, Sp.

Recd from the Council the following Bills, towit,

The Bill for the further amendment and continuing an Act Intitled an Act to prevent the exportation of unmerchantable commodities, Endorsed 6th November 1769, In the upper House read the second time amended and passed.

On motion ordered the Bill for further amending and continuing an Act Intitled an Act to prevent the exportation of Unmerchantable commodities be read a third time, Read the same the third time amended passed, and ordered to be sent to the Council

Sent by Mr McKinnie and Mr Blount.

Mr Caswell from the Committee of Claims reported the said Committee had examined and allowed several Claims which were read and allowed of by the House, Ordered the same be sent to the Council for their concurrence and also the estimate of allowances to the Members, Clerk and officers of this House.

Sent by Mr Skinner and Mr Beasley.

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This House convinced of the necessity of a fair and just state of the public accounts and funds Have Resolved that John Burgwin Esqr be appointed to examine and state the same from the year one thousand seven hundred and forty eight, 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 be paid by the public, and that the public Treasurers supply him with twenty five pounds to enable him to procure the same

On motion Resolved that all persons who oppose Sheriffs in the due execution of their office, shall be looked upon by this House as Enemies to their Country, meriting its severest censures, and deserving of its highest punishment, and such persons will be treated with the utmost rigour in the power of this House to exert against them.

Recd from the Council the Estimate of Allowances to the Members, Clerk and officers of the Council which was read and allowed by the House.

Recd from the Council the Reports of the Committee of Claims and the estimate of allowances to the Members Clerks and Officers of this House, Endorsed, 6th November 1769, In the upper House read and approved of, and Concurred with,

JAMES HASELL, P. C.

On motion, Resolved, that if any public officer shall exact illegal fees, or otherwise under colour of his office unduly oppress the people, such officer so acting shall on conviction thereof receive the highest censure and punishment this House can inflict upon him.

Recd from His Excellency the Governors verbal Message by Mr Burgwin requiring the immediate attendance of this House.

Mr Speaker with the House waited on His Excellency the Governor in the Council Chamber and Mr Speaker presented him five Bills, to wit,

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

The Bill to encourage the destroying vermin in the several Counties therein mentioned

The Bill for confirming the qualification of Henry Lockey Sheriff of Beaufort County

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The Bill to impower the Justices in the several Counties therein mentioned to establish free ferries and bridges in their respective Counties and lay a tax for defraying the charges thereof.

The Bill in addition to an Act to prevent the unreasonable destruction of fish in the Rivers Meherrin, Pee Dee, and Catawba, To the first four mentioned His Excellency was pleased to assent and the last he rejected.

Then 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 and laid before the House, which was read and ordered to be entered on the Journal of the House, as follows, to wit,

Gentlemen of His Majesty's Honble Council, Mr Speaker and Gentlemen of 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 chearfulness they have shewn to Co-operate with me; and my gratitude to the House of Assembly for the Honorable opinion they have declared in favour of my administration. You may be assured Gentlemen that the interruption which has been given to the business 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 your public funds, if adopted by Legislature and invariably pursued (otherwise it will be insufficient) will produce the happyest effects to this Country: and I will be bold to affirm, if ever carried into any future Session, into an Act of the Legislature, it will be acknowledged the most beneficial session this Country 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 withhold the 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 irregularly and negligently kept, that the public must be abused, if an Amendment

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is not made to the mode pursued, but as I am told it is the method his predecessors followed, no censure can lay upon that Gentleman.

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

Wm. TRYON.

6th November 1769.