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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
December 20, 1770
Volume 08, Pages 268-270

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

At a Council held at New Bern 20th December 1770.
Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire
The Honble Martin Howard Esquire &
The Honble Samuel Cornell Esquire

His Excellency acquainted the Board that having received information, that the House of Assembly had this day expelled one of their members from the said House, he sent to the Speaker for a copy of the Minutes of the proceedings of the House on that occasion, which was immediately sent him, and are in the following words, Vizt


North Carolina—Ss.

In the Assembly 20th December 1770.

On motion—Resolved that the House resolve itself into a Committee of the whole house to take into Consideration the conduct and behaviour of Mr Herman Husband both as a Member of this House in particular and A member of the community in General.

The House resolved itself into a Committee of the whole House accordingly and chose Mr John Campbell Chairman who being placed in the Chair and 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 as follows, to wit,

1st Resolved that it appears to this Committee that Herman Husband a member of the Committee is one of the people who denominate themselves Regulators and that he hath been a principal mover and promoter of the late Riots and seditions in the County of Orange and other parts of this Province

2nd Resolved, That it appears to this Committee that a letter published in the North Carolina Gazette of the 14th of December directed to the Honorable Maurice Moore Esquire at New Berne and signed by James Hunter is a false Malicious and seditious Libel

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3dly Resolved That it appears to this Committee that the above named Herman Husband was the Publisher of the said Libel.

4thly Resolved That it appears to this Committee that the said Herman Husband was guilty of gross prevarication and falsehood on his examination before the Committee of Propositions and Grievances, relative to the said Libel.

5thly Resolved that it appears to this Committee, that the said Herman Husband, hath insinuated in conversation that in case he should be confined by order of the House he expected down a number of People to release him.

6thly Resolved That in the opinion of this Committee that such an insinuation is a daring insult offered to this House and tending to intimidate the Members from a due discharge of their duty.

Then the question being put the said several Resolutions were agreed to by the House

Resolved that the conduct of the said Herman Husband both as a Member of this House in particular and of community in General has justly incurred the contempt of this House, and rendered him unworthy of a seat in this Assembly,

Resolved that the said Herman Husband immediately be expelled this House.

A true copy taken from the Journal.

By order
J. Green, Junor Clk.

His Excellency therefore refers the same to the consideration of this Board and desires their opinion and advice thereupon, and whether he may not order the said expelled member into custody, considering it may be of fatal consequence to the Country should he be suffered to rejoin the regulators in the back settlements of this Province.

The Board taking the same into consideration are unanimously of opinion that if the said Herman Husband should be suffered to rejoin the Regulators in the Back settlements of this province it might be attended with fatal consequence, and therefore requested the Chief Justice, (being present) to take proper depositions, and immediately thereupon to issue his warrant for the apprehending him the said Herman Husband.

The Chief Justice thereupon received information, in Council on Oath, that Herman Husband was the publisher of a seditious and libellous letter in the North Carolina Gazette directed to Maurice

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Moore Esquire, and issued a warrant against the said Herman Husband for the same.