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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
November 04, 1769 - November 10, 1769
Volume 08, Pages 148-150

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

At a Council held at New Bern 4th November 1769.
His Excellency the Governor
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

The Honble Alexander McCulloch Esqr complained That the Honble James Murray and Edward Brice Dobbs Esqrs not having qualified as members of His Majesty's Council, and had been absent out of the Province for a number of years, whereby an additional duty was laid on the residing members of Council, desired that the same might be taken into consideration. His Excellency acquainted this Board that by the 11th Article of His Majestys Royal Instruction any member or members of Council who shall absent themselves from the Province, and shall remain absent for the space of two years successively without his Majestys leave given them under His Royal sign Manual, their place or places in the said Council shall immediately thereupon become void, And as the above mentioned Gentlemen come under the said instruction, His Excellency suspends

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James Murray and Edward Brice Dobbs Esqrs and declares their seats at this Board void accordingly.

Upon complaint of William Taylor against Philip Jones, Sherift of Johnston County, for a misdemeanor in Office—Ordered that summons issue to William Taylor, Philip Jones, Richard Aycock, and Samuel Smith that they be and appear before His Excellency in Council at Brunswick on the 15th day of December next, then and there to answer of and concerning the above Complaint.

At a Council held at New Bern 10th November 1769.

His Excellency the Governor
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry, Esquire and
The Honble Robert Palmer Esquire

Ordered that the following gentlemen be added to the Commission of Peace and Dedimus for the several and respective Counties undermentioned—Vizt For Tryon—John Robeson, Francis Adams, George Blanton, John Thomas, Robert Ewart, Robert Blackburn, James McIntire and Timothy Riggs; Johnston—Joel Lane and Hardy Sanders; Carteret—George Bell; Anson—John Cole and James Picket; Bute—William Parks, Robert Goodlow; Rowan—James Smith, John Campbell, and John Kimborough; Orange—Nathaniel Hart, James Lea Senr, Tignell Jones, Francis Drake, Thomas Douglass, John Lowe and Richard Cheeck.

Also, Ordered that the Chairman of the said several and respective Courts be directed to insert the names of the several Gentlemen above mentioned in the Commission of the peace and dedimus for the said Counties in open Court, in the Order they now stand.

Ordered that the Clerk of the Court for the County of Tyrrell, return to the Secretarys Office, the names of those Justices that are dead, or not qualified to the Commission of peace for that County.

His Excellency laid before this Board the following Papers Vizt. The petition of Oliver Wallis setting forth that being formerly convicted of horse stealing, and having received His Majestys Reprieve under the Seal of this Province, bearing date the 22d day of December 1763,—Several persons take the advantage of his being deprived of his Oath, whereby he labours under many great inconveniences by witholding from him several just debts. Humbly prays that His Excellency will please to extend to him, His Majestys most

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Gracious free pardon for the above crime; and also a certificate signed by several of the principal Inhabitants of Rowan County, certifying that the said Oliver Wallis hath behaved himself honestly and well since the said reprieve—His Excellency desired the opinion of this Board, whether he should grant the said Wallis his Petition. This Board unanimously advise His Excellency to grant His Majestys most Gracious free pardon to the said Oliver Wallis.

Ordered that His Majestys Receiver General, of Quit rents lay before His Excellency in Council at the setting of the next Court of Claims in December next, the Accounts of his Majestys Revenue of Quit Rents, which were last Audited by the Deputy Auditor—Also the Accounts of receipts and payments since that period; together with the names of persons employed as his Deputies in the several Counties in His Majestys district

And also Ordered, that a Copy of this Order be transmitted by the Secretary forthwith to the Receiver General.

His Excellency acquainted this Board, as he found himself under a necessity to dissolve the Late Assembly, on account of certain Resolves entered upon the Journals of the lower House, desired the opinion and advice of this Board, when it would be proper to issue Writs for a new Election of Members of Assembly

It is the unanimous opinion and advice of this Board that Writs issue the 1st day of February, the election to be the 12th day of March next and the Assembly to be held at New Bern the 1st day of May when the Writs are then and there to be returned

Ordered that the Court of Claims be held at Brunswick on the 13th day of December next