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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
December 05, 1770 - December 31, 1770
Volume 08, Pages 282-302

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


North Carolina—Ss.

At an Assembly begun and held at New Bern the fifth day of December in the eleventh year of his Majestys Reign and in the year of our Lord one thousand seven hundred and twenty, being the first Session of this Assembly,

In the upper House

Present.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire and
The Honble Samuel Cornell Esquire

His Excellency the Governor was pleased to command the immediate attendance of the Members of the upper and lower houses of Assembly, in the Council Chamber, where they accordingly attended, and thereupon his Excellency made to both Houses the following Speech, Vizt

Gentlemen of His Majestys Honorable Council Mr Speaker and Gentlemen of the House of Assembly,

Nothing can be more seasonable or more grateful to me than my meeting you at this time in so full Assembly, while objects the most interesting to this Country wait your deliberation. On this occasion I purpose to declare my mind with much freedom considering that I am now speaking to every freeholder in the Province through their Representatives on matters of the highest importance to them. Setting aside therefore every lesser consideration for the present, I shall confine myself chiefly to those four points in which in the most urgent manner I offer for your consideration—

The abuses in the conduct of the public funds, the General complaints against public Officers and Offices, The evils arising from the circulation of counterfeit money, And the injuries offered to his Majestys Government and his Subjects at, and since the last Hillsborough Superior Court.

It is a matter of much concern to me, and must be to every honest Man in the Country, that after the frequent solicitations

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that have been made for a just state of the public Revenue, no such account has been hitherto produced. The Plan I laid before the last Assembly for keeping the public accounts, stands unimpaired as to propriety, regularity and method. I refer it therefore to your reconsideration, and wish it may now be adopted by the force of a Law, flattering myself it will give the fullest satisfaction to the Public. In my opinion Treasurers, while in Office, should be restricted, under severe penalties, and the loss of their employment, from entering either directly or indirectly into any kind of Commerce. Such a restraint would guard against the temptation of imploying the public money as a stock in private trade and allow them sufficient leisure to attend the duties of their office

The liberty former Treasurers have assumed to themselves, for I know of no such power given them by Law, of taking monies at pleasure from one fund to make up the deficiency of others, has been a conduct of much prejudice to the Country; a practice unknown in any well regulated State, and introductive of much confusion in the public accounts. The appropriation of public monies are ever held sacred to the purpose to which they are raised. Nothing less than an Act of the Legislature, upon great emergency ought to carry them out of their proper channel.

These are suggestions that occur to me on the subject of the public revenue. When you reflect that a considerable sum of money is always lost to the public, and more in danger of being so by the irregular conduct of the officers of the Revenue, in keeping and settling their accounts, I hope you will think with me that the prosperity of the Colony immediately depends upon establishing such regulations in the Treasurer's Office as will prevent future irregularities, bring to public view what are past, and remove the jealousies entertained by the people with respect to that office.

Let me next recommend to you to make the most scrupulous enquiries into the complaints against public offices and officers in the Government, and to provide as well for the redress of those which have an existence as to establish the Fees of Office in so express and determined a manner as will put them beyond the possibility of doubt or abuse. This will give great and just content to the public; you shall be furnished with an account of the Fees taken by me on each instrument I have issued, that the Country may be informed of my conduct in this particular.

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The circulation of so large a quantity of counterfeit currency among us affords presumption that persons of more considerable property than those of moderate substance, have been concerned in this base and dishonorable traffic. An evil absolutely destructive of public credit and operating to the ruin of many honest homes and families. Were those who have passed sums of that counterfeit currency called upon by you, to declare from whom it was received, very probably by tracing it up, the Authors of this iniquity might be discovered.

The papers and depositions I have received respecting the late outrages at Hillsborough which I shall lay before you are the proceedings of a seditious mob, Men, who regardless of the royal clemency for former trespasses, and in open contempt of the admonition given them by a Resolve of your House last Session, have (accompanied with circumstances the most insolent and inhuman) torn down justice from her Tribunal and renounced all Legislative authority. Were these men who have broken through all the bounds of human society, and trampled under foot the Laws of their Country, allowed to shelter themselves under those Laws, the situation of this Country would be deplorable indeed; Social Liberty must then yield to brutal licentiousness, and the honest of all conditions become a prey to the wicked. I am told these Insurgents are determined in the prosecution of their profligate design, admit it to be so, Government has already shewn itself able to control them, and when armed with your manly determinations has sufficient force under the Providence of God, effectually to suppress these dangerous Connections to punish the Ringleaders, and to bring back the deluded to the duty of good citizens and good Subjects. For the attainment of these desirable ends I am bound in justice and duty to recommend to you to provide for the raising a sufficient body of men, under the rules and discipline of War, to march into the settlements of those Insurgents in order to aid and protect the Magistrates and civil Officers in the execution of those Laws now existing, or such others as may at this critical juncture be found expedient, for restoring the public tranquility of the whole Colony.

You have now my unreserved sentiments of the present state of your public Affairs. I have much to wish they may penetrate into your hearts with the same warmth of sensibility that they flow from mine, and that you, with a becoming Spirit stand forth to vindicate the insulted honor and dignity of His Majesty's sacred person and

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Government, in justice to your own violated Rights, and in humanity to the duties you owe your much injured Cuntrymen, who from the very nature and obligation of civil Society, claim from the Legislature full security and protection in their persons and properties. And I have also much to wish, that you may wipe away the stain, thrown by these deluded people, and their seditious Ringleaders, upon an Administration that has been unwearied in every possible attention towards the advancement of the prosperity and Perfection of this Community.

I gladly embrace the opportunity here offered me of making my grateful acknowledgments to the Country for the gift of this very elegant and noble structure for the residence of myself and successors in administration, A Palace that is a public ornament and credit to the Colony, as well as an honor to British America. A construction I am persuaded from the strength and choice of its materials, The integrity, diligence and ability of the Architect, with the skill of the several Artificers employed, will remain a lasting Monument of the liberality of this Country. I have the satisfaction to acquaint you the money already voted, and which has been taken up, will be sufficient to carry the plan into execution, and that too within a few months. The disbursements for carrying on this work are ready to be laid before you whenever you have leisure to inspect them.

Gentlemen of the House of Assembly, I am to apply to you for a continuance of the present establishment of Fort Johnston, and to make immediate provision of powder and lead for his Majesty's service and the public Safety. Let us no longer remain unprovided with Articles so essential to our defence against the attempts of a foreign enemy who may possibly at this day be in a State of War with Great Britain, The Guardian of our Commerce, and protector from hostile invasion. I am directed to lay before you a Memorial from some Merchants in London to one of his Majesty's Secretaries of State, respecting the packing and shipping of naval stores to the Mother Country, therefore I hope you will give due attention to the regulations recommended in the same.

If those times had permitted, I should have recommended to you to establish a public Seminary in some part of the back Country of this Colony for the education of youth. An Institution of this sort, and in those parts would be very beneficial, by instructing the rising generation in the principles of religion and virtue in that healthy

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and fertile climate; possibly you may not lose sight of this object in a more favorable opportunity.

Gentlemen of His Majesty's Honorable Council and Mr Speaker and Gentlemen of the House of Assembly, It is a pleasing consideration to reflect I have been happy in the favorable attention of this Country. I confess I feel an ardent desire to experience the like Testimony at this important crisis, and that we may with candor, sincerity and firmness, co-operate in Measures for the public good. Believe me, the cause before us is not a cause of an individual, or an opposition merely to administration, but to the Constitution. If therefore these seditions are not speedily suppressed, they may spread their contagion through the Continent, and disturb the tranquility of every Colony in his Majesty's American Dominions. Suffer not then the malicious humours of dark designing malice, nor the intrigues of sedition, to turn us from the road of Justice or stagger us in the path of Honor. These are invaluable rights of honest men, and lead to virtues which cast the highest lustre on Acts of Legislation.

I shall detain you no longer than to inform you, that as his Majjesty has been graciously pleased to indulge me with leave of absence from this Government, I shall esteem myself honorably rewarded, for my invariable endeavours to discharge the duties of my station, in promoting the welfare of this Province, if I have the happiness on my return to England to give my Royal Master the assurance that by your wisdom and vigor I have been enabled to give stability and a permanent regularity to the interior police of this Country, and to restore among you the blessings of peace.

WILLIAM TRYON.

Then the House returned from the Council Chamber, and on motion adjourned till 10 oClock tomorrow morning.


Thursday Morning December 6th 1770.

The House met according to adjournment

Present as before.

Received from His Excellency the Governor the following Message—

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Gentlemen of His Majestys Honble Council

Mr James Green Junr having obtained from me a Commission of Clerk of the lower House of Assembly, You will please admit him to qualify to the same accordingly

WILLIAM TRYON.

Newbern the 6th December 1770.

On motion ordered, That his Excellencys Speech be read, the same was read and taken under consideration, And thereupon that the Honble Robert Palmer and Samuel Cornell Esquires be, and accordingly are, appointed a Committee of this House to draw up and prepare an Address in answer to His Excellency's Speech.

The Honble Robert Palmer and Samuel Cornell Esquires reported to this House, that in pursuance of His Excellency's Message they had qualified Mr James Green Clerk of the Lower House

Then the House adjourned till four oclock this afternoon.


Thursday P. M.

The House met according to adjournment

Adjourned to 10oClock tomorrow Morning.


Friday Morning December 7th 1770.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble Alexander McCulloch Esquire
The Honble John Rutherford Esquire
The Honble William Dry Esquire
The Honble Lewis DeRosset Esquire
The Honble Robert Palmer Esquire
The Honble John Sampson Esquire
The Honble Samuel Cornell Esquire

Then the House adjourned till 4 o'clock this afternoon


Friday P. M.

The House met according to adjournment

Then the House adjourned till 10cClock tomorrow morning


Saturday Morning December 8th 1770

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble Alexander McCulloch Esquire
The Honble John Rutherford Esquire
The Honble William Dry Esquire
The Honble Lewis DeRosset Esquire
The Honble Robert Palmer Esquire
Teh Honable Martin Howard Esquire
The Honble John Sampson Esquire
The Honble Samuel Cornell Esquire

On motion ordered that the Honble Martin Howard Esqr be added

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to the Committee for drawing up and preparing an Address in answer to His Excellency's Speech at the opening of the Session.

Received from the Assembly by Mr Cray and Mr Gray, the following Message, Vizt

Gentlemen of His Majestys Honble Council

This House have appointed Mr Harnett, Mr Johnston, Mr Hewes, Mr Nash, Mr Macknight, Mr Fanning, Mr Knox, Mr Christo Neale, Mr Thompson, Mr Benjamin Person, Mr Stuart, Mr Cray, Mr Shepard a Committee of this House to State the public accounts of this Province.

And Mr Haywood, Mr Jacob Blount, Mr Vail, Mr James Blount, Mr Davis, Mr Campbell, Mr Polk, Mr Mackilwean, Mr Lane, Mr Dunn, and Mr Gray a Committee of this House to settle and allow public Claims, in conjunction with such of your Honours, as you shall think fit to appoint

Rd CASWELL Speaker.
By order
J. Green Junr Clk.

In the Assembly, 8th December 1770.

Then the House adjourned till 4 oClock this afternoon.


Saturday P. M.

The House met according to adjournment

Then adjourned to 10 oClock on Monday Morning.


Monday Morning December 10th 1770.

The House met according to adjournment.

Present as before.

The Committee appointed to draw up an Address in Answer to his Excellency's Speech, Reported that they had prepared the same, which was now ordered to be read, the same was read and approved of, and Resolved that it stand the Address of this House and be entered on the Journals thereof as follows, Vizt,

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

The Humble Address of His Majesty's Council of the said Province.

May it please your Excellency,

We His Majesty's most dutiful and loyal subjects the Members of His Council return your Excellency our sincere and affectionate Thanks for your Speech at the opening of this Session.

We acknowledge the importance of those objects recommended to us by your Excellency. The just state of the Public Accounts and the most regular method of keeping them.

The enquiry into the abuse of public offices and officers and the discovery and detection of the counterfeiters of paper currency, are matters of real concern to the public and we will with all the powers we are possessed of unite in every salutary measure to correct the abuses complained of and punish the guilty.

We cannot repress our indignation when we consider of the outrages lately committed at Hillsborough by a deluded people under the direction of their seditious Leader, and we sympathize with your Excellency in the apt and suitable reflections you make upon a subject, which in every circumstance, is so disgraceful to civil society and indeed to Human nature itself. We are truly sensible how much it behooves the Honour of Government to vindicate its authority and to enforce the Laws and we assure your Excellency that we will with our utmost zeal join in any Measure that may best tend to wipe away a stain thrown upon an Administration which every honest and intelligent man among us must confess has with uniform uprightness sought the prosperity and perfection of this Community.

We take this opportunity to congratulate your Excellency upon your removal into the elegant and noble structure lately erected for the residence of yourself and your successors in administration. We are not ignorant how much the public is indebted to your Excellency for adopting the plan and construction of a palace, which will remain as a monument equally expressive of their bounty and of your Excellency's correct and judicious application of it.

The idea of a public Seminary in this Province for the education of youth, as suggested by your Excellency is a fresh proof of your tender concern for its prosperity. The object is important, morals

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and good government depend greatly upon early instruction and virtuous example, and we hope in this or some future session a foundation may be laid for so desirable a purpose.

Your Excellencys intended absence from this Government by leave from His Majesty would be more unfavorable to our wishes if we did not hope it would be attended with the perfect re-establishment of your health; but however Providence may dispose of you Sir we shall always retain the most grateful remembrance both of your public and private virtues, and we shall ever most cheerfully bear testimony that your Excellency has omitted no part of the duties of your station to render stable and permanent the peace and good order of this Country, And from hence we have the surest confidence that your Excellency will receive from His Majesty that approbation which he ever bestows on good and virtuous Actions.


In the upper House, December 10th 1770

Received from the Assembly by Mr Rutherford and Mr Pryor the following Bills Viz,

A Bill to ascertain certain officers fees therein named.

A Bill to enlarge the time for Sheriffs to settle their Accounts with the justices of the Inferior Court of Pleas and Quarter Sessions of the Counties therein mentioned

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

Received from the Assembly by Mr Bonner and Mr Hare A Bill for establishing a Ferry from Bath Town to the Plantation of Thomas Bonner on Derham Creek, and from the plantation of Thomas Bonner on Derham Creek to Bath Town.

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 John Rutherford, Alexander McCulloch, William Dry, Robert Palmer and Samuel Cornell Esqrs a Committee of this House to examine, state and settle the public accounts, And the Honble Lewis DeRosset, John Sampson, and Martin Howard Esqrs a Committee of this House to settle and allow the public claims

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Then the House adjourned to 4 oClock this afternoon


Monday P. M.

The House met according to adjournment.

Present as in the morning.

Then the House adjourned to 9 oClock tomorrow morning


Tuesday Morning December 11th 1770.

The House met according to adjournment.

Present as before.

On motion Resolved that this House do at the next Session of the Assembly, sit in a room provided for them by Mrs Conway.

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

A Bill to impower the Church Wardens and Vestrymen of the Parish of St Gabriels in the County of Duplin to sell the glebe in the said Parish and County and other purposes.

A Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being registered within the time heretofore appointed by Law. On motion the same was read the first time and passed.

On motion the following Bills were read the first time and passed, Vizt,

A Bill to ascertain certain officers fees therein mentioned.

A Bill to enlarge the time for —— Sheriffs to settle their accounts with the Justices of the Inferior Court of Pleas and quarter Sessions of the Counties therein mentioned.

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

A Bill for establishing a Ferry from Bath Town to the plantation of Thomas Bonner on Derham Creek and from the plantation of Thomas Bonner on Derham Creek to Bath Town.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning December 12th 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Lane and Mr Smith,

A Bill to establish a public inspection of Tobacco in the County of Johnston.

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Then the President attended by the House waited on His Excellency at the Palace and presented him with the address to which His Excellency was pleased to return the following answer,

Gentlemen of His Majesty's Honorable Council,

It affords me much satisfaction to find you concur with me in sentiment with respect to the present situation of publie affairs in this Country.

Your determination to join in such measures as will immediately tend to vindicate the Honor of Government, enforce the Laws, and wipe away the dishonor thrown upon the present Administration, correspond with that uniform attachment, you have always shown for the interest of our most Gracious Sovereign and His Government.

I thank you Gentlemen for your Good wishes for the re-establishment of my health and the honorable opinion you entertain of my exertions in the duties of my station. I shall take a sensible pleasure on every proper occasion to acknowledge that much of the success of my public endeavours has been owing to your Council and Advice.

Wm. TRYON.

December 12th

Then the House adjourned till 5 oClock this evening.


Wednesday, P. M.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning December 13th 1770.

The House met according to adjournment.

Present
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 Samuel Cornell Esquire

On motion the Bill for establishing a public inspection of Tobacco in the County of Johnston was read the first time and passed.

Then the House adjourned to 10 oClock tomorrow morning.


Friday Morning December 14th 1770.

The House met according to adjournment.

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Present
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 Samuel Cornell Esquire
The Honble Martin Howard Esquire

Received from the Assembly by Mr McRee and Mr Polk, A Bill for the relief of such persons who have or may suffer by the loss of the records in Bladen County and other purposes. On motion the same was read the first time and passed

Received from the Assembly by Mr Slade and Mr Alston, A Bill for erecting part of the Counties of Halifax and Tyrrell into a County and Parish.

Then the House adjourned to 4 oClock this afternoon.

The House met according to adjournment.

Present as in the morning.

Then the House adjourned to 10 oClock tomorrow morning.


Saturday Morning December 15th 1770.

The House met according to adjournment.

Present as before.

Then the House adjourned to 10 oClock on Monday Morning.


Monday Morning December 17th 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Husband and Mr Prior, A Bill for erecting the northern part of Orange County into a separate County and Parish by the Name of —— County and —— Parish.

Received from the Assembly by Mr Thos. Neale and Mr William Moore, A Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the taxes which were due from the inhabitants of the said County for the year one thousand seven hundred and sixty eight and other purposes.

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

A Bill to impower the Church wardens and vestrymen of the Parish of St Gabriels in the County of Duplin to sell the glebe in the said Parish and County and other purposes.

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A Bill to establish a public inspection of Tobacco in the County of Johnston.

A Bill for the relief of such persons who have or may suffer by their deeds or mense conveyances not being proved and registered within the time heretofore appointed by Law.

Received from the Assembly by Mr Gray and Mr McKinnie A Bill for establishing a Town on the Land of Anthony Miller at a place called limestone in Duplin County

Received from the Assembly by Mr Sheppard and Mr Dickson A Bill for further continuing an Act entitled an Act for appointing a Printer to this Province

Received from the Assembly by Mr Knox and Mr Thomas Person, A Bill for the more easy recovery of small debts and other purposes

Received from the Assembly by Mr Lane and Mr Gibson, A Bill for erecting part of Johnston, Cumberland and Orange Counties into a separate and distinct County by the name of —— County and —— Parish and other purposes

Then the House adjourned to 10 oClock tomorrow morning


Tuesday Morning December 18th 1770

The House met according to adjournment.

Present as before,

On motion the following Bills were ordered to be read Vizt

A Bill to impower the Church Wardens and vestrymen of the Parish of St Gabriels in the County of Duplin to sell the glebe in the said Parish and County. Read the second time amended and passed.

A Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Laws. Read the second time and passed

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 19th Dec 1770

The House met according to adjournment.

Present as before.

Received from the Assembly An additional Bill to an Act Intitled an Act concerning servants and slaves. Read the first time and passed.

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Received from the Assembly p. Mr Campbell and Mr Gibson the following Bills Vizt

A Bill for altering certain Districts of the Superior Courts in this Province and for establishing a Superior Court at Campbelton in Cumberland County. On motion read the first time and passed.

A Bill to amend an Act Intitled an Act for appointing Sheriffs and directing their duty in office, Read the first time and passed.

A Bill to encourage the further settlement of this Province. On motion read the first time and passed.

A Bill to amend an Act for establishing a Town on the Lands of John and William Russell minor sons of John Russell deceased on the west side of the North West Branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton and other purposes.

On motion the Bill for the more easy and speedy recovery of small debts and other purposes was ordered to be read, Read the first time and passed.

Received from the Assembly by Mr Harvey and Mr Gibbs the following Bills,

A Bill to prevent excessive and deceitful gaming.

A Bill to prevent hunting for and killing deer in the manner therein mentioned and other purposes.

A Bill for the relief of such persons who have or may suffer by the loss of the Records in Bladen County and other purposes.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 20th December 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Husband and Mr Locke a Bill for erecting part of Rowan County and part of Orange County into a separate county and Parish by the name of Chatham County and Unity Parish and other purposes.

On motion the following Bills were ordered to be read Vizt,

A Bill for erecting part of Johnston, Cumberland and Orange counties into a separate and Distinct county by the name of —— County and —— Parish and other purposes. Read the first time and passed.

A Bill to suppress excessive and deceitful gaming. Read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.

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Friday Morning 21st December 1770.

The House met according to adjournment.

Present as before.

On motion the following Bills were ordered to be read Viz,

A Bill to prevent the hunting for and killing deer in the manner therein mentioned and other purposes. Read the first time and passed.

A Bill for further continuing an Act Intitled an Act for appointing a printer to this Province. Read the first time and passed.

A Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the taxes which were due from the Inhabitants of the said County for the year 1768 and other purposes. Read the first time and passed.

A Bill for erecting the northern part of Orange County into a separate County and Parish by the name of —— County and —— Parish. Read the first time and passed.

A Bill for establishing a Town on the Land of Anto Miller at a place called Limestone in Duplin. On motion rejected.

A Bill for the relief of such persons who have or may suffer by the loss of the Records, in Bladen County, and other purposes. Read the second time, amended and passed.

A Bill for erecting part of the counties of Halifax and Tyrrell into a County and Parish. Read the first time and passed.

A Bill to amend an Act Intitled an Act for establishing a Town on the Lands of John and William Russell, minors, sons of John Russell deceased, on the West side the North West branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton and other purposes. Read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 22d December 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly p. Mr Dickson and Mr Stuart the following Bills,

A Bill to impower the Church Wardnes and Vestrymen of the Parish of St Gabriels in the County of Duplin to sell the glebe in the said Parish and County. On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act Intitled an Act for appointing a Militia. On motion read the first time and passed.

Then the House adjourned till 10 oClock Monday morning.

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Monday Morning 24th Dec 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Neale and Mr Wynns the following Bills, Vizt,

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

A Bill to impower dissenting ministers regularly called to any congregation to solemnize the rites of marriage under certain restrictions therein mentioned.

Then the House adjourned till 10 oClock on Wednesday morning.


Wednesday Morning 26th Dec 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Gibson and Mr Hadley the following Bills, Vizt,

A Bill to prevent the exportation of unmerchantable commodities. On motion read the first time amended and passed.

An Additional Bill to an Act concerning servants and slaves. On motion read and rejected.

A Bill to encourage the further settlement of this Province. On motion read the second time amended and passed.

A Bill for the relief of such persons who have or may suffer by the loss of the Records in Bladen County and other purposes.

A Bill to intail certain Lands therein named and vesting the same in Deborah Smith in fee simple.

A Bill for erecting the southern part of Orange County into a separate County and Parish by the name of —— County and —— Parish.

A Bill to suppress excessive deceitful gaming. On motion read the second time amended and passed.

A Bill for the relief of such persons who have or may suffer by their deeds and mense conveyances not being proved and registered within the time heretofore appointed by Law. On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act Intitled an Act for establishing a Town on the lands of John and Wm Russell minors sons of John Russell deceased on the west side of the North West branch of Cape Fear River near the mouth of Cross Creek by the name of Cambelton

-------------------- page 298 --------------------
and other purposes. On motion read the second time amended and passed.

A Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the Taxes which were due from the Inhabitants of the said County for the year 1768 and other purposes. On motion read the second time amended and passed.

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 the relief of such persons who have or may suffer by the loss of the Records in Bladen County and other purposes,” We observe you have inserted a clause relative to the election of vestrymen in the said County, which is foreign to the title of the said Bill and contrary to His Majesty's instructions, We therefore propose to amend the title of the said Bill by deleing “And other purposes,” and inserting instead thereof the words following, Vizt, “And for the election of Vestrymen for the Parish of St. Martins.

If you agree to this amendment please send two of your Members to see the same made.


In the upper House 26th Dec 1770.
By order
J. B., Clk.

Received from the Assembly by Mr Dunn and Mr Gray the following Bills, Vizt,

A Bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province. On motion read the first time and passed.

A Bill to amend an Act Intitled an Act for appointing Sheriffs and directing their duty in office.

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

A Bill for erecting the northern part of Orange County into a separate County and Parish by the name of Norbury County and Trinity Parish.

Then the House adjourned till tomorrow morning 9 oClock.

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Thursday Morning 27th December 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Neale and Mr McRee the following Bills and Message Vizt

A Bill for establishing a Town on the Land of Isaac Jones on the South West side of the North West branch of Cape Fear River in Bladen County. On motion read the first time and passed.

A Bill for erecting part of Johnston, Cumberland and Orange Counties into a separate and distinct County by the name of Wake County and St Margaret's Parish. On motion read the second time amended and passed.

Gentlemen of His Majesty's Honble Council,

In answer to your message of this day relative to the Bill for the relief of such persons who have or may suffer by the loss of the records in Bladen County and other purposes, We agree to the alteration you propose, and send Mr Neale and Mr McRee two of the members of this House to see the same made.

Rd CASWELL, Speaker.

In the Assembly the 26th Dec. 1770.
By order
J. Green, Junr., Clk.

Then the alteration proposed was made in presence of the members sent for that purpose. Then the said Bill was put and passed the third time with amendments. Ordered to be engrossed.

Received from the Assembly by Mr Gibson and Mr Dickson the following Bills Vizt

A Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington

A Bill to appoint commissioners for finishing the Church in Wilmington in the room and stead of John DuBois and George Wakeley Esqrs deceased. On motion read the first time and passed.

Received from the Assembly by Mr Campbell and Mr Lane the following Bills Vizt

A Bill for vesting the school House in Edenton in Trustees. On motion read the first time and passed.

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A Bill to prevent hunting for and killing deer in the manner therein mentioned and other purposes. On motion read the same a second time and passed.

A Bill for altering certain Districts of the Superior Courts in this Province and for establishing a Superior Court at Cambelton in Cumberland County. On motion read the second time amended and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 28th Dec 1770

The House met according to Adjournment

Present as before,

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

An additional and explanatory Bill to an Act Intitled “an Act for regulating the several officers fees within this Province and ascertaining the method of paying the same. On motion read the first time and passed.

A Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the taxes which are due from the Inhabitants of the said County for the year 1768

A Bill to encourage the further settlement of this Province. On motion read the third time and passed. Ordered to be engrossed,

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. On motion read the first time and passed

A Bill for establishing a Town on the Land of Isaac Jones Esq on the South West side of the No West branch of Cape Fear River in Bladen County. On motion read the second time and passed

A Bill for further continuing an Act for appointing a printer to this Province.

A Bill for granting to His Majesty the sum of —— Thousand pounds proclamation money to be levied and applied in manner and to the purposes therein after mentioned. On motion read the first time and passed.

On motion, A Bill to impower dissenting Ministers regularly called to any Congregation to solemnize the rites of Marriage under certain restrictions therein mentioned was ordered to be read. Read the first time and passed.

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On motion, A Bill to establish a public inspection of Tobacco in the County of Johnston, Read the second time and passed.

Received from the Assembly p. Mr Relfe and Mr Woodhouse a Bill to prevent the exportation of unmerchantable commodities

Then the House adjourned till 10 oClock tomorrow morning


Saturday Morning 29th December 1770.

The House met according to adjournment

Present as before,

Received from the Assembly the following Bills by Mr Neale and Mr Rutherford

A Bill for the restraint of vagrants and for making provision for the poor.

A Bill to ascertain what fences are sufficient.

A Bill to establish a Public Ferry across the Yadkin River at the Plantation of James Smith in Rowan. On motion read the first time and passed

On motion the Bill to prevent the exportation of unmerchantable commodities was read the second time amended and passed.

Received from the Assembly by Mr Lane and Mr McRee the following Bills, Vizt

A Bill for vesting the school house in Edenton in Trustees

A Bill to establish a public inspection of Tobacco in the County of Johnston. On motion read the third time and passed. Ordered to be engrossed,

A Bill for appointing commissioners for erecting and building a Court House prison and stocks for the County of Tryon. On motion read the first time and passed.

A Bill for establishing a Town on the Land of Isaac Jones on the South West side of the North West branch of Cape Fear River in Bladen County

Then the House adjourned till Monday Morning 10oClock.


Monday Morning 31st December 1770.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Thompson and Mr Slade,

A Bill to impower dissenting Ministers regularly called to any Congregation to solemnize the rites of Marriage under certain restrictions therein mentioned,

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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. On motion read the second time and passed.

On motion the following Bills were ordered to be read,

A Bill for the restraint of vagrants and making provision for the poor, read the first time and passed.

A Bill for the more easy and speedy recovery of small debts. Read the second time amended and passed.

A Bill to direct Sheriffs in levying taxes and the disposal of Lands, goods and chattels taken thereon.

A Bill to prevent the exportation of unmerchantable commodities, On motion read the third time and passed. Ordered to be engrossed.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that His Excellency the Governor be impowered to draw on the Treasurer or either of them for a sum not exceeding five hundred pounds which they are directed to pay out of any monies they may have in their hands and which His Excellency is requested to apply towards the payment of any necessary expences he has been or may be [at] in counteracting the wicked designs of the insurgents, a copy of which we herewith send and desire your Honors concurrence thereto.

R. CASWELL, Speaker.

In the Assembly 31st December 1770.

Then on motion the said Resolve was read concurred with and sent back to the Assembly.

Then the House adjourned till 10 oClock tomorrow morning [1st January 1771].

[For Journal of succeeding days see A. D. 1771.]