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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly, including rules of order
North Carolina. General Assembly
January 01, 1771 - January 26, 1771
Volume 08, Pages 385-479

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[In the Lower House of Assembly—Continued from page 346.]


Tuesday January 1st 1771.

The House met according to adjournment

On motion ordered the Bill to prevent hunting for, and killing deer in the manner therein mentioned be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr McKinnie and Mr Rutherford.

Recd from the Council the Resolve of this House of yesterday for impowering his Excellency to draw on the Treasurer or either of them for a sum not exceeding £500 proc money &ca.


In the upper House December 31st 1770. Concurred with
J. HASELL, P. C.

On motion Ordered the following message be sent to his Excellency the Governor.

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

Sir,

This House have Resolved that your Excellency be impowered to draw on the Treasurer or either of them for a sum not exceeding £500 which they are directed to pay out of any monies they may have in their hands, and which your Excellency is requested to apply towards the payment of any necessary expences you have been or may be at in counteracting the wicked designs of the insurgents; a copy of which we herewith send and desire your Excellency's assent thereto.

R. CASWELL, Sp.

Sent by Mr Jacob Blount and Mr Jas. Blount.

Mr Rutherford moved for leave to present a Bill for erecting the Northern part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish.

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 McKinnie and Mr Rutherford.

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Mr Rutherford moved for leave to bring in a Bill for erecting the Western part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish.

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 McKinnie and Mr Rutherford.

On motion ordered that Messrs. Nash, Person, Harnett, Mau. Moore and Fanning be appointed a Committee to prepare and bring in a Bill to provide an adequate salary for the Chief Justice.

On motion ordered, Messrs. Nash, Montfort, Johnston, Fanning, Hewes, Mau. Moore, and Macknight be a Committee to prepare and bring in a Bill to regulate the practice of the Court of Chancery.

On motion ordered the Bill for an addition to and amendment of an Act Intitled an Act for appointing a Militia be read a third time. Read the same the third time passed and ordered to be sent to the Council.

Sent by Mr McKinnie and Mr Rutherford.

On motion ordered the Bill for erecting part of Johnston, Orange and Cumbererland Counties into a separate and distinct County by the name of Wake County and St Margarets Parish be read the third time. Read the same the third time amended and passed and ordered to be sent to the Council.

Sent by Mr McKinnie and Mr Rutherford.

Recd from His Excellency the Governor the Resolve of this House of yesterday for impowering His Excellency to draw on the public Treasurers for a sum not exceeding £500 &ca. Endorsed New Years day 1771.

Concurred with.
Wm. TRYON.

Also the following Message to wit,

Mr Speaker and Gentlemen of the House of-Assembly,

I return your Resolve, Concurred with, impowering me to draw on the public Treasurers for a sum not exceeding £500 to be applied to the purposes therein mentioned.

Wm. TRYON.

The Honble John Sampson and Martin Howard Esquires two of the Members of the Council came to the House, and Edmundson Saml Smithwick one of the Members of Tyrril County was qualified

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by taking the several oaths by Law appointed for the qualification of public officers by repeating and subscribing the Test.

On motion ordered the Bill for granting to His Majesty the sum of £100,000 proclamation money to be imposed levied and applied in manner and purposes therein after mentioned, be read the second time. Read the same the second time and rejected.

Recd from the Council the following Bills,

The Bill to direct Sheriffs in levying executions and disposal of lands goods and chattels taken thereon.

The Bill to ascertain what fences are sufficient.

The Bill for erecting the Southern part of Orange County into a separate County and Parish by the name of —— County and —— Parish. In the upper House read the first time and passed.

The Bill for vesting the School House in Edenton in Trustees.

The Bill for the restraint of vagrants and for making provision for the poor, In the upper House read the second time and passed.

The order of the day being read, Resolved the Committee of the whole House sit tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday 2d January 1771.

The House met according to adjournment.

On motion ordered the Bill for appointing Commissioners for erecting and building a Court House, prison and stocks for the County of Tryon, be read the second time. Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Neale.

Mr Fanning from the Committee appointed to prepare and bring in a Bill to establish a public seminary in the Western part of this Province, presented the same 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 Polk and Mr Thos Neill.

The Honble William Dry and John Sampson Esquire two of the Members of His Majestys Council came to the House and Mr John Skinner one of the Members for Perquimans County, was qualified by taking the Oaths by Law appointed for the qualification of Public officers, and repeating and subscribing the Test.

On motion ordered the Bill for regulating the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the

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settlement of the said Town, be read the third time. Read the same the third time amended, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Thomas Neill.

Mr Harnett from the Committee of Propositions and Grievances reported as follows That it is their opinion that the several officers in this Province by extorting, exacting and receiving greater fees than the Law allows, is a very great grievance and unless prevented for the future may be of dangerous tendency, this Committee therefore recommend the consideration thereof to this House, and humbly propose that an explanatory Act relative to the fees of the officers in this Province be passed and that the same be ascertained in a plain manner suitable to the understanding of every capacity.

Your Committee also report as their opinion that the taking fees in either House of Assembly on what are called private Bills is a grievance, and not warranted, as your Committee humbly conceive by any Law or custom in this Province.

Your Committee also report as their opinion, that the manner of prosecuting principal debtors and their securities, when all the said parties are in Life, in different Actions altho' bound in one specialty is a very great grievance, and tends only to enhance or increase the fees of Attornies, Clerks and Sheriffs &ca, it having also been made appear on oath to this Committee, that Mr Wiley and Mr Picket the Sheriffs of Mecklenburg and Anson Counties, each of them and their Sureties, have been served with separate Writs on the same Bond. Your Committee therefore refer the same to the consideration of the House.

Your Committee also report that the people known by the name of Regulators (in their opinion) by obstructing the Sheriffs of the Frontier and other Counties in this Province by rescuing the goods taken by distress for public taxes, and the many outrages and riotous proceedings in opposition to the Courts of Justice committed by them, is a real grievance, detrimental to the good order of Society, and manifestly tends to distress the peaceable and loyal subjects of this Province, who are compelled to pay the taxes for the support of Government; and your Committee humbly recommend that the ringleaders of those Insurgents may be compelled by Law to answer for their conduct, and for the future prevented from committing such outrages.

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Your Committee also further report, that sundry Sheriffs of the Frontier and other Countries in this Province, having met with obstructions from the people called Regulators in the execution of their office, whereby they have been prevented from settling with the Treasurers within the time by Law appointed; your Committee therefore humbly propose that a further time be allowed such Sheriffs as shall have fairly accounted on Oath, for all the taxes already received by them.

Your Committee further report, as a very great grievance, the public Records of this Province being deposited at the Southern extremity of the same, renders it extremely inconvenient to persons having business to transact in the Secretary's Office; This Committee therefore humbly recommend it to the House, that by resolve or otherwise the Records and papers belonging to that important Office be removed to New Bern, to the end that the many persons having Commissions, letters, testamentary and administration, to obtain from his Excellency the Governor, or copies of Records may more easily have access to the Secretary to countersign or otherwise authenticate the several papers and matters applied for.

Your Committee also humbly propose to the House, that establishing a salary to his Majesty's Chief Justice would be more consistent with the dignity of that important office, than receiving fees on suits commenced in the Superior Courts, by which means the jealousies at present subsisting between the taxing such fees by Bill of cost would be removed.

CORNs HARNETT, Chairman.

Which Resolutions being severally read the House concurred therewith.

On motion ordered the Bill for erecting part of the Counties of Halifax and Tyrril into a County and Parish be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Slade and Mr Smithwick.

Mr Macknight moved for leave to present a Bill for securing the titles of the freeholders in the Counties of Currituck and Carteret.

Ordered he have leave accordingly.

Mr Macknight 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 Slade and Mr Smithwick.

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Recd from His Excellency the Governor the following Message, Vizt,

Mr Speaker and Gentlemen of the Assembly,

Mr Southier waits upon you with the original survey of this Province made by Mr Churton deceased, excepting part of Maritime parts which Mr Southeir himself laid down from different surveys which several Gentlemen in the Country have obliged him with.

He also waits on you with distinct plans of all the Towns of note in the Province; these together with the map, he is desirous of having the Honor to present to you. I have therefore only to inform you that the plans of the Towns were taken from actual surveys, consequently attended with much fatigue and expence of travelling, as well as a considerable length of time in performing those services which considerations, and the integrity of the Gentlemen induce me warmly to recommend to your liberality.

Wm. TRYON.

On motion ordered the consideration of the said Message be deferred till Saturday next.

On motion ordered the Bill for preventing tumultuous and riotous Assemblys, for the more speedy and effectually punishing the Rioters, and for restoring and preserving the public peace of the Province, be read. Read the same, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Edmunds.

Mr Hewes moved for leave to present a Bill to amend and continue an Act, Intitled an Act for facilitating the navigation of Port Bath, Port Reanoke and Port Beaufort.

Ordered he have leave accordingly.

Mr Hewes 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 Thomson and Mr Edmunds.

On motion ordered the Bill to appoint Commissioners for finishing the Church in Wilmington, in the room and stead of John Du Bois and George Wakely Esquires deceased be read the second time. Read the same the second time amended, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Edmunds.

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On motion ordered the Bill to amend an Act for appointing sheriffs and directing their duty in office be read a third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Edmunds.

A Bill for the restraint of Vagrants, and making provision for the poor be read the third time. Read the same the third time amended passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Edmunds.

Recd from the Council the following Bills, Vizt,

The Bill for erecting the western part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish.

The Bill for erecting the northern part of Rowan County into a separate and distinct County and Parish by the name of —— County and —— Parish.

The Bill for founding, establishing and endowing of —— College in —— , In the upper House read the first time and passed.

The Bill for appointing Commissioners for erecting and building a Court House, prison and stocks for the County of Tryon. In the upper House read the second time and passed.

The Bill to prevent hunting for and killing deer in the manner therein mentioned, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to establish a public ferry across the Yadkin River at the Plantation of James Smith, in Rowan County, be read the second time. Read the same the second time, passed and ordered to be sent to the Council.

Sent by Mr Gibson and Mr Wynns.

On motion Resolved the House resolve itself into a Committee of the whole House to consider the Act of Assembly for regulating Officers fees passed in the year 1748, and chose Mr Joseph Hewes Chairman who being placed in the Chair and some time spent therein, Mr Speaker resumed the Chair, and Mr Chairman reported that the Committee had come to several Resolutions, but not having time to reduce them to form, desired leave to sit again.

Resolved the Committee have leave to sit again tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.

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Thursday January 3rd 1771.

The House met according to adjournment.

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

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

Sir,

The public Records of the Province being deposited at the southern extremity of the same, renders it extremely inconvenient to persons having business to transact in the Secretarys office. This House therefore humbly request your Excellency will be pleased to direct that the Records and papers belonging to that important office be removed to New Bern, to the end that the many persons having commissions, letters testamentary and administrative, to obtain from your Excellency, may more easily have access to the Secretary to countersign, or otherwise authenticate the several matters and papers applied for.

Rd CASWELL, Speaker.

Sent by Mr Person and Mr Chris. Neale.

Mr Evans moved for leave to bring in a Bill for erecting a Town on the Land of Richard Evans on Tar River.

Ordered he have leave accordingly.

Mr Evans 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 Gibson and Mr Wynns.

Mr Shepard presented a petition from sundry of the Inhabitants of Carteret County therein praying a stop may be put to the hauling of seins in said County.

Ordered Mr Shepard have leave to prepare and bring in a Bill pursuant to the prayer of the said petition.

Mr Shepard 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 Gibson and Mr Wynns.

Mr Fanning moved for leave to bring in a Bill for preventing the frequent abuses in taking up and secreting stray horses within this Povince.

Ordered he have leave accordingly.

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Mr Fanning 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 Gibson and Mr Wynns.

Mr Nash from the Committee appointed to prepare and bring in a Bill for appointing a salary to the Chief Justice, 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 Nash and Mr Fanning.

Recd from the Council the Bill for preventing tumultuous and riotous assemblys for the more speedy and effectual punishing the Rioters, and for restoring and preserving the public peace of this Province, In the upper House read the first time and passed.

On motion ordered the Bill to amend an Act for establishing a Town on the Lands of John and Wm. Russell minors, sons of John Russell decd on the West side of the North West Branch of Cape Fear River near the mouth of Cross Creek by the Name of Campbelton, be read the third time. Read the same the third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Gibson and Mr Wynns.

Recd from the Council the following Bills, Vizt,

The Bill to appoint commissioners for finishing the Church in Wilmington in the room and stead of John DuBois and George Wakely Esquires, deceased, In the upper House read the second time & passed.

The Bill to amend an Act, Intitled an Act for appointing Sheriffs, and directing their duty in Office, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington, be read the second time. Read the same the second time, amended and passed and ordered to be sent to the Council.

Sent by Mr McRee and Mr Dickson.

On motion a Bill for appointing commissioners for erecting and building a court house prison and stocks for the County of Tryon was ordered to be read the third time. Read the same the third time, passed and ordered to be sent to the Council.

Sent by Mr Dickson and Mr McRee.

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On motion ordered the Bill to appoint Commissioners for building the Church in Wilmington in the room and stead of John DuBois and George Wakely Esquires deceased, be read the third time. Read the same the third time, passed and ordered to be sent to the Council.

Sent by Mr Dickson and Mr McRee.

Mr Person presented sundry certificates from the County Court of Bute, therein recommending that Stephen Gupton, Gilbert Prince and Willis Jones be exempt from paying public taxes.

Ordered they be exempt accordingly.

Mr Mackilwean presented a certificate from the Court of Dobbs County, therein recommending John Varnam be exempt from the payment of public taxes, and doing public duty.

Ordered he be exempt accordingly.

Mr Cray presented certificates from the Inferior Court of Onslow County, therein recommending Benjamin Harvey and Enoch Godfrey to be exempt from paying public taxes.

Ordered they be exempt accordingly.

Mr James Blount presented a certificate from the County Court of Chowan County, therein recommending William Johnston to be exempt from the payment of public taxes.

Ordered he be exempt accordingly.

Received from the Council the following Bills:

The Bill for appointing a Salary for the Chief Justice.

The Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort.

The Bill to prevent the untimely destruction of Fish in Core Sound, Bogue Sound and the Straights in Carteret County.

The Bill for securing the titles of the freeholders of the Countys of Currituck and Carteret.

The Bill for erecting a Town on the Lands of Richard Evans on Tar River.

The Bill for preventing the frequent abuses in taking up and secreting stray horses in this Province, In the upper House read the first time and passed.

The Bill to establish a public ferry across the Yadkin River at the plantation of James Smith in Rowan County.

The Bill to amend an Act, Intitled an Act, for the Regulation of the Town of Wilmington, In the upper House read the second time and passed.

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The Bill for the restraint of vagrants and for making provision for the poor. In the upper House read the third time and passed. Ordered to be engrossed.

The order of the day being read, Resolved the House Resolves itself into a committee of the whole House to consider the Act for regulating Officers fees, passed in the year 1748. The House resolved itself into a committee accordingly, and took under consideration the said Bill; and after some time came to several Resolutions, which Mr Chairman was directed to report to the House.

Then on motion, Mr Speaker resumed the Chair, and Mr Chairman reported as follows Vizt,

Resolved that it is the opinion of the Committee that the fee of 3s. to the chief Justice for every Writ and the fee of 6d. for docketing the said Writ, the fee of 2s. for a venire in every cause, the fee of 1s. for every Subpœna-and the fee of 6d. for every rule and order not actually made and entered, the fee of 2s. for every Execution, the fee of 2s. 8d. for taxing every Bill of Cost, the fee of 3s. 8d. for every original attachment (unless the Chief Justice signs it himself) and the fee of 3s. 8d. for every Scire Facias are abrogated or obsolete.

Resolved, that it is the opinion of this Committee, that the fee of 3d. to the clerk for proving every right is also obsolete.

Resolved, that it is further the opinion of this Committee that as no Writ of Venire issues from the Superior Courts, the fee of 1s. 2d. for that service is obsolete: but observe that as the clerk takes the return of Jurors appointed by the Inferior Courts the service justifies them for receiving the like fee.

Then on motion Resolved that the House concur with the said Resolutions.

The House having received the several reports of the Committee and considering the one which relates to the several fees taxed for the Chief Justice on services formerly literally performed, but by the changes gradually wrought through a considerable lapse of time by different Laws respecting the mode of issuing process and regulating the mode of proceedings in the Superior Courts of this Province become disused and obsolete, though constantly and uniformly charged by all the predecessors of the present Chief Justice, other services or duties of a similar kind being generally substituted in the room or stead of those become obsolete, disused or repealed.

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Resolved, that this House have a high and just sense of the integrity and propriety of the present Chief Justice (Mr Howards) official conduct and deportment; and that for the reasons aforesaid he stands, in the opinion of the members of this House, acquitted from every of the least imputation of fraud or injustice, for the receipt of any fees by him, for any of the services referred to in the Report of the Committee.

On motion Resolved, that the House Resolve itself into a Committee of the whole House, to consider the Bill an Additional and explanatory Bill to an Act Intitled an Act for regulating the several officers fees within this Province &ca.

The House Resolved itself into a Committee of the whole House accordingly and after some time spent therein came to several resolutions.

Then on motion Mr Speaker resumed the Chair and Mr Chairman reported that the Committee had come to several resolutions, but not having time to reduce them to form desired leave to sit again.

Ordered the said Council have leave to sit again tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.


Friday January 4th 1771.

The House met according to adjournment.

Mr Edmunds moved for leave to present a Bill to relieve certain persons therein mentioned from the payment of public County and Parish taxes.

Ordered he have leave accordingly.

Mr Edmunds 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 Edmunds and Mr Hare.

Mr Hare moved for leave to present a Bill to enable the Sheriff of Beaufort to collect the taxes for the year 1770.

Ordered he have leave accordingly.

Mr Hare 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 Edmunds and Mr Hare.

Mr Howe moved for leave to present a Bill for the more advantageous

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and easy manner of obtaining partitions in Lands in coparcenary, joint tenancy and tenancy in common.

Ordered he have leave accordingly.

Mr Howe presented the same 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 Edmunds and Mr Hare.

Mr Harnett moved for leave to present a Bill to impower certain commissioners to stamp and sign debenture Bills to the amount of —— thousand pounds proc. money, and to exchange the same for the debenture and proc. Bills in circulation in this Province.

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 Edmunds and Mr Hare.

On motion ordered Mr Hadley have leave to absent himself from the service of the House, and that Rotheas Latham have leave to absent himself also till Monday.

The Sergeant at Arms having returned on the Speakers Warrant to him directed as follows, Vizt,

“By virtue of the within precept, I have taken into my custody the body of Daniel Duncan, of Orange County, whom I have ready to deliver at the Bar of the House; John Alston not to be found. I also took into custody the body of the within named George Martin, who was laboring under an indisposition which rendered him incapable of traveling, so that it was not in my power to remove him without manifest danger of his life.”

Whereupon the said Daniel Duncan was brought to the Bar of the House, and being examined and no proof appearing against him, Resolved the said Daniel Duncan be discharged, and that he be allowed ten pounds for his expences in coming to and returning from the Assembly.

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

Gentlemen of His Majestys Honble Council,

This House having been informed that Daniel Duncan of Orange County was strongly suspected and charged with making and uttering the counterfeit Bills of this Province, directed the said Daniel Duncan to be brought to the Bar of the House; who being brought

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accordingly, and on examination no proof appearing against him, This House have Resolved he be discharged, and that he be allowed ten pounds for his expence in coming to and returning from the Assembly, to be paid by the public Treasurers or one of them out of the contingent fund, and desire your Honors concurrence thereto.

R. CASWELL, Speaker.

Sent by Mr Haywood and Mr Ormond.

On motion ordered the Bill for founding establishing and endowing of Queens College in the Town of Charlotte in Mecklenburg County, be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Haywood and Mr Ormond.

Recd from the Council the following Bills, Vizt

A Bill to enable the Sheriff of Beaufort County to collect the Taxes for the year 1770.

The Bill to impower certain Commissioners to stamp and sign debenture Bills to the amount of —— thousand pounds proclamation money and to be exchanged for the debenture and proclamation bills in circulation in this Province.

The Bill for the more advantageous and easy manner of obtaining partitions of Land in Coparcenary joint tenancy and tenancy in common, In the upper House read the first time and passed.

Also the following Message,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for an addition to, an amendment of an Act Intitled an Act for appointing a Militia, We propose to add the clause herewith sent: If you can agree thereto, please to send two of your Members to see the same done.

On motion Resolved, that the House agree to the said amendments, and 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 an addition to, and amendment of an Act Intitled an Act, for appointing a Militia, This House agree to the clause by you proposed, and send Mr Knox and Mr Harvey to see the same inserted in the Bill.

R. CASWELL, Sp.
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Recd from His Excellency the Governor the following Message, to wit,

Mr. Speaker and Gentlemen of the Assembly,

Agreeable to your Message of Yesterday I have given orders to the Secretary of the Province forthwith to remove the records and papers belonging to the Secretary's office to New Bern; and have also directed him when that service is performed to deliver in his claim for the expences incurred for such removal and for the safe keeping of the Records, until a proper office is provided by the Public for the same.


January 4th 1771.
Wm. TRYON.

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

Sent by Mr Haywood and Mr Ormond.

The House being informed that Robinson Yorke of Orange County is strongly suspected and charged with making and uttering the counterfeit Bills of this Province,

On motion resolved that the Speaker issue his Warrant for apprehending the said Robinson Yorke and that he be brought to the Bar of the House to answer the said charge, and also for Darby Henly, Francis Thomas Richards, and Henry Pendleton to appear as evidences against the said Robinson Yorke &ca.

Mr Jacob Blount presented the affidavit of Dorcas Bathurst setting forth that in the storm of 7th September 1769 she lost the sum of £2 10s. in proc. money,

On motion Resolved, that the said Dorcas Bathurst be allowed two pounds ten shillings, and that the same be paid out of the sinking fund by the public Treasurers, or either of them, who shall be allowed the same in the settlement of 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 Resolved that Dorcas Bathurst be allowed the sum of £2 10s., she having made it appear that in the storm of the 7th September 1769, she lost a sum equal to that in proc. money, which we have directed to be paid her out of the sinking fund and desire your Honors concurrence thereto.

Rd. CASWELL, Speaker.
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This House being informed that Simon Bright Sergeant at Arms to this House, was insulted and obstructed in the execution of his office by William Ussery of Orange County,

On motion Resolved that the Speaker issue his Warrant for apprehending the said William Ussery, and that he be brought to the Bar of this House, to answer the said charge; and that the Sergeant at Arms take with him such assistance (not exceeding five men) as shall be found necessary for effecting the same.

On motion ordered Mr Vail have leave to absent himself from the service of this House.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday January 5th 1771.

The House met according to adjournment.

Mr Fanning moved for leave to present a Bill for rating the several species of Foreign coin therein mentioned, and making the same a tender in all payments.

Ordered he have leave accordingly.

Mr Fanning presented the said Bill which he read in this 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 Gibson.

Mr Gibson moved for leave to bring in a Bill for establishing a Superior Court at Campbelton.

Ordered he have leave accordingly.

Mr Gibson presented the said Bill, which he read in his place, and delivered in at the Table, where the same was again read and rejected.

Recd from the Council the following Bills, Vizt

The Bill for rating the several species of Foreign coin therein mentioned and making the same a tender in all payments, In the upper House read the first time and passed.

The Bill for founding, establishing and endowing of Queens College in the Town of Charlotte in Mecklenburg County, In the upper House read the second time and passed.

The Bill for appointing commissioners for finishing the Church in Wilmington in the room and stead of John Du Bois and George Wakely Esquires, deceased.

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

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A Bill for appointing Commissioners for erecting and building a Court House, prison and stocks for the County of Tryon.

The Bill for erecting part of Johnston, Cumberland and Orange Counties into a separate and distinct County and Parish by the name of Wake County and St Margarets Parish, In the upper House read the third time and passed. Ordered to be engrossed

Recd from the Council the Resolve of this House for allowing Dorcas Bathurst the sum of two pounds ten shillings.

In the upper House concurred with

J. HASELL, P. C.

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

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

Sir,

This House have Resolved that Dorcas Bathurst be allowed the sum of two pounds ten shillings out of the sinking fund, a copy of which we herewith send and desire your Excellency's assent thereto.

Rd CASWELL, Speaker.

The order of the day being read, Then on motion Resolved the House Resolve itself into a Committee of the whole House to take under consideration the additional and explanatory Bill to an Act Intitled an Act for regulating the several officers fees within this Province.

The House Resolved itself into a Committee accordingly, and after some time spent came to several resolutions, which the chairman was directed to report to the House, then on motion Mr Speaker resumed the Chair and Mr Chairman reported, the Committee had prepared several amendments to the said Bill which he read in his place and delivered in at the Table where the same was again read, agreed to by the House, and ordered to be inserted in the Bill.

Then on motion ordered the said Bill be read with the amendments, Read the same, passed and ordered to be sent to the Council.

Sent by Mr Smith and Mr Smithwick.

Then the House adjourned till 10 oClock Monday morning.

-------------------- page 402 --------------------


Monday 7th January 1771.

The House met according to adjournment.

Mr C. Neale moved to bring in a Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, Intitled an Act for building a public gaol, and gaolers house for the district of New Bern in the Town of New Bern.

Ordered he have leave accordingly.

Mr. C. Neale 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 Pryor and Mr Alexander.

On motion ordered the Bill for erecting the northern part of Rowan County into a separate and distinct County and Parish by the name of Surry County and All Saints Parish be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

Recd from the Council the Resolve of this House regarding an allowance to Daniel Duncan, In the upper House concurred with.

J. HASELL, P. C.

Mr Fanning presented the petition of sundry inhabitants of Orange County and elsewhere therein praying a stop may be put to the hauling of seins, and making dams across the River Roanoke &c.

Ordered he have leave to prepare and bring in a Bill pursuant to the prayer of the said petitioners.

Mr Fanning 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 Harvey.

On motion ordered the Bill for securing the titles of Freeholders in this Province, be read the second time. Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

On motion ordered the Bill for erecting the Southern part of Orange County into a separate and distinct County and Parish by the name of Guilford County and St. Bartholomews Parish, be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

-------------------- page 403 --------------------

Recd from the Council the following Bills, to wit,

The Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, Intitled an Act for building a public gaol and gaolers house for the district of New Bern in the Town of New Bern, In the upper House read the first time and passed.

The 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, In the upper House read the second time and passed.

The Bill for an addition to an amendment of an Act Intitled an Act for appointing a Militia, In the upper House read the third time and passed with amendments. Ordered to be engrossed.

On motion ordered the Bill for erecting the Western part of Rowan County into a separate and distinct County and Parish by the name of Westmoreland County and St. Jude's Parish, be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

Mr Polk moved for leave to present a Bill to enable the several Inferior Courts in this Province to lay a Tax to defray the expence of negroes capitally convicted in their respective Counties.

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 and passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

Recd from the Council the following Bills,

The Bill to prevent the unreasonable destruction of fish in the Rivers of Roanoke and Dan and other water courses therein mentioned, In the upper House read the first time and passed.

The Bill for erecting part of the Counties of Halifax and Tyrrell into a separate County and Parish, In the upper House read the second time and passed.

On motion ordered the Bill for erecting a Town on the Land of Richard Evans on Tar River be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

-------------------- page 404 --------------------

Received from His Excellency the Governor the two Resolves of this House, for allowing Daniel Duncan £10 and Dorcas Bathurst £2 10s.

Concurred with.
Wm. TRYON.

Also the following Message, Vizt,

Mr Speaker and Gentlemen of the House of Assembly

I return your Resolves for allowing Daniel Duncan the sum of £10 and Dorcas Bathurst the sum of £2 10s. both concurred with.


January 7th 1771.
Wm. TRYON.

On motion ordered the Bill to establish a public Ferry across the Yadkin River, at the plantation of James Smith in Rowan County, be read the third time. Read the same the third time, passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Locke.

On motion ordered the Bill for founding, establishing and endowing of Queen's College in the Town of Charlotte in Mecklenburg County, be read the third time. Read the same the third time amended passed and ordered to be sent to the Council.

Sent by Mr Smith and Mr Smithwick.

On motion ordered the Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, be read the second time. Read the same a second time amended, passed, and ordered to be sent to the Council.

Sent by Mr Smith and Mr Smithwick.

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

Mr. Speaker and Gentlemen of the House of Assembly,

I send you a petition from a large body of the inhabitants of St Luke's Parish, in Rowan County, setting forth the difficulties and oppositions they experience in the exercise of the Established Church and the settlement of a regular minister among them. I am therefore to desire you will comply with their petitions herein transmitted to you, or make such other provision for remedy of the same as shall be judged by you most convenient.


January 7th 1771.
Wm. TRYON.
-------------------- page 405 --------------------

Then on motion ordered His Excellency's Message, and the petition therein referred to, lay on the Table for consideration.

Recd from the Council the following Bills,

The Bill for securing the titles of the freeholders of this Province.

The Bill for erecting a Town on the Land of Richard Evans, on Tar River, In the upper House, read the second time and passed.

And the Bill to enable the several Inferior Courts in this Province to lay a tax to defray the expence of negroes capitally convicted in their respective counties, In the upper House, read the first time and passed.

On motion ordered the Bill for preventing tumultuous and riotous assemblys, for the more speedy and effectual punishing the Rioters, and for restoring and preserving the public peace of the Province, be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Smith and Mr Smithwick.

On motion ordered the Bill for appointing a salary for the Chief Justice be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Smith and Mr Smithwick.

On motion ordered the Bill for rating the several species of foreign coin therein mentioned, and making the same a tender in all payments, be read the second time. Read the same the second time amended passed, and ordered to be sent to the Council.

Sent by Mr Smith and Mr Smithwick.

Then the House adjourned till tomorrow morning 9 oClock.


Tuesday January 8th 1771.

The House met according to adjournment.

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

Sent by Mr Smith and Mr Smithwick.

On motion ordered the Bill to direct Sheriffs in levying Executions and the disposal of lands, goods and chattels taken thereon be read the second time. Read the same the second time, amended passed and ordered to be sent to Council.

Sent by Mr Smith and Mr Smithwick.

-------------------- page 406 --------------------

Mr Thomson moved for leave to present a Bill for the better settling, regulating and improving the Town of Beaufort, in the County of Carteret, and for annexing Ocacock Island to the said county.

Ordered he have leave accordingly.

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

Sent by Mr Thomson and Mr C. Neale.

On motion ordered the Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, Intitled an Act for building a public gaol, and gaolers house for the district of New Bern, in the Town of New Bern, be read the second time. Read the same the second time, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr C. Neale.

Mr Eaton moved for leave to present a Bill to ascertain Attornies Fees.

Ordered he have leave accordingly.

Mr Eaton 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 Thomson and Mr C. Neale.

On motion ordered the Bill for securing the Titles of the freeholders in this Province be read the third time. Read the same the third time, amended passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr C. Neale.

On motion ordered the Bill for the more advantageous and easy manner of obtaining partitions of Lands in coparcenary, joint tenancy and tenancy in common be read the second time. Read the same the second time, amended passed and ordered to be sent the Council.

Sent by Mr Howe and Mr Hewes.

On motion Resolved that George Blair be allowed the sum of £112, 10s. being the sum paid in for duties on seventy eight hogsheads of rum imported into Port Roanoke, and afterwards exported to and sold in Virginia, to be paid out of the monies collected for duties on spirituous liquors.

Resolved the following message be sent to the Council, to wit,

-------------------- page 407 --------------------

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing the sum of £112, 10s. to George Blair, and desire your Honors concurrence thereto.

Rd CASWELL, Speaker.

On motion ordered the Bill for erecting part of the Counties of Halifax and Tyrrell into a County and Parish be read the third time, Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Slade and Mr Smithwich.

Mr Nash moved for leave to present a Bill to prevent frauds in entering up judgments on Bonds, Notes, and other instruments of writing, by virtue of any Warrant or Warrants of Attorney.

Ordered he have leave accordingly.

Mr Nash 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 Slade and Mr Smithwick.

On motion ordered the Bill for erecting a Town on the Lands of Richard Evans, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Slade and Mr Smithwick.

On motion ordered that Mr Knox, Mr Lane, Mr Harnett, Mr Person, and Mr Johnston be a Committee to prepare a Bill to indemnify the several Sheriffs who have not collected the 1s. tax per poll for sinking the £12,000 granted in the year 1760, and the tax of 2s. p. poll for sinking the £20,000, granted in 1761; and to direct such Sheriffs who having received the said taxes to refund the same to the people from whom they received said taxes.

On motion ordered, that Mr Nash, Mr Harnett, Mr Hewes, Mr Macknight, Mr Knox, Mr Benjamin Person, and Mr Stewart be a Committee to prepare a Bill to direct the method hereafter to be observed by Treasurers in keeping the public accounts of this Province.

Then the House adjourned until tomorrow morning 9 oClock


Wednesday January 9th 1771.

The House met according to adjournment.

On motion ordered the Bill to prevent the unreasonable destruction of fish in the Rivers of Roanoke and Dan, and other water

-------------------- page 408 --------------------
courses therein mentioned, be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Alston and Mr Smith.

On motion ordered the Bill for preventing the frequent abuses in taking up and secreting stray Horses within this Province, be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Alston and Mr Smith.

Mr Fanning moved for leave to present a Bill directing the method of recovering all debts and demands in this Province under £5 proclamation money.

Ordered he have leave accordingly.

Mr Fanning 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 Pryor and Mr Ward.

On motion ordered the Bill to prevent the untimely destruction of fish in Core Sound Bogue Sound and the Streights in Carteret County be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Shepard.

Recd from His Excellency the Governor the following Message,

Mr Speaker and Gentlemen of the House oe Assembly,

I herewith send you an estimate of the expence of removing my furniture from Cape Fear to the Palace, and also of some disbursements made by me for the public, amounting altogether to £134 6s. which I refer to you for your consideration and allowance.


January 9th
Wm. TRYON.

Then on motion Resolved that His Excellency the Governor be allowed the sum of £134 6s. for his expence of removing his furniture from Cape Fear to the Palace, and also for sundry other disbursements made by him for the public, to be paid by the public Treasurers out of the contingent fund.

Ordered the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing His

-------------------- page 409 --------------------
Excellency the Governor the sum of £134 6s. and desire your Honors concurrence thereto.

Rd. CASWELL, Sp.

On motion ordered the Bill to enable the Sheriffs of Beaufort County to collect the Taxes for the year 1770, be read the second time. Read the same the second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Shepard.

On motion ordered the Bill to enable the several Inferior Courts in this Province to lay a tax to defray the expence of negroes capitally convicted in their respective Counties, be read the second time. Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Shepard.

On motion ordered the Bill for vesting the school house in Edenton in Trustees, be read the third time. Read the same the third time, passed and ordered to be sent to the Council.

Sent by Mr Thomas and Mr Shepard.

Recd from the Council the Bill for preventing tumultuous and riotous Assemblies; for the more speedy and effectual punishing the Rioters; and for restoring and preserving the public peace of the Province, In the upper House, read the second time and passed.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday January 10th 1771.

The House met according to adjournment.

Recd from the Council the following Bills,

The Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, In the upper House read the second time and passed.

The Bill for founding establishing and endowing of Queens College in the Town of Charlotte in Mecklenburg County, In the upper House read the third time and passed. Ordered to be engrossed.

Mr Gibson moved for leave to present a Bill to amend an Act Intitled an Act, to impower the Inferior Courts of the several Counties in this Province to order the laying out of public roads and establish and settle ferries; and to appoint where bridges shall be built for the use and ease of the Inhabitants of this Province, and to clear navigable Rivers and Creeks.

Ordered he have leave accordingly.

-------------------- page 410 --------------------

Mr Gibson 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 Gibson and F. Campbell.

On motion ordered Mr Edmunds have leave to absent himself from the service of the House.

Recd from the Council the Resolve of this House, of yesterday for allowing his Excellency the sum of £134 6s., In the upper House January 10th 1771. Concurred with

J. HASELL, P. C.

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

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

Sir,

This House have Resolved that the sum of £134, 6s. be paid your Excellency out of the contingent fund; a copy of which concurred with by his Majesty's Council we herewith send; and ask your Excellency's assent thereto.

Rd CASWELL, Speaker.

Recd from the Council the Bill to prevent frauds in entering up Judgments on Bonds, notes and other instruments of writing by virtue of any warrant or warrants of Attorney, In the upper House read the first time and passed.

On motion ordered the Bill for preventing tumultuous and riotous Assemblies; for the more speedy and effectually punishing the rioters and for restoring and preserving the public peace of the Province be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Fanning and Mr Macknight.

Recd from the Council the following Bills, to wit,

The Bill for the better settling regulating and improving the Town of Beaufort in the County of Carteret and for annexing Ocacock Island to the said County.

The Bill to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of public roads, and establish and settle ferries, &ca.

The Bill directing the method of recovering all debts and demands in this Province under five pounds proclamation money, In the upper House read the first time and passed.

-------------------- page 411 --------------------

The Bill for appointing a salary for the Chief Justice.

The Bill to direct Sheriffs in levying executions, and the disposal of lands goods and chattles taken thereon, In the upper House read the second time amended and passed.

A Bill to ascertain Attorney's Fees, In the upper House read the first time and passed.

Mr Knox from the Committee to prepare a Bill to indemnify the several Sheriffs who have not collected the one shilling tax p. poll for sinking the £12,000 granted in the year 1760; and the tax of two shillings per poll for sinking the £20,000, granted in the year 1761, and to direct such Sheriffs who have received the said taxes, to refund the same to the people from whom they received the said Taxes, 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 Skinner and Mr Jones.

Received from the Council the Bill for preventing tumultuous and riotous Assemblies, for the more speedy and effectual punishing the rioters, and for restoring and preserving the public peace of the Province, In the upper House read the third time and passed. Ordered to be engrossed.

Mr Hewes presented the petition of the Honble Wm. Dry Esqr praying that he might be allowed a drawback of the duties paid on rum and spirits, which he has supplied His Majestys Navy.

Resolved, that the said William Dry be allowed a sum equal to the duties on rum and spirits which by vouchers he can make appear, has by him been furnished His Majesty's Ships of War; and that he be allowed the same in the settlement of his collection of the duty on rum and spirituous liquors with the Treasurer of the Southern District.

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

Gentlemen of His Majesty's Honble Council,

We herewith send a Resolve of this House in favour of the Honble William Dry, for a draw back of the duties paid on rum and spirits, which he has supplied His Majestys navy with, and desire your Honors concurrence thereto.

Received from His Excellency the Governor the Resolve of this House for allowing him the sum of £134 6s, Endorsed January 10th 1771. Concurred with.

Wm. TRYON.
-------------------- page 412 --------------------

Also the following Message,

Mr. Speaker and Gentlemen of the House of Assembly,

I return you with my thanks, your Resolve (concurred with) for allowing me the sum of £134 6s. for the purposes therein mentioned.

Wm. TRYON.

On motion Resolved that the Captain Commandant appointed by His Excellency, and twenty five men, be employed to garrison Fort Johnston; and that the said Captain be allowed ten shillings and eight pence per diem; and that the Garrison be continued under the rules and regulations established by Resolve of the last Session of Assembly, for one year; and from thence to the end of the next session of Assembly.

Ordered the following Message be sent the Council,

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve, the Captain Commandant, appointed by His Excellency, and twenty five men be employed to garrison Fort Johnston, and that the said Captain be allowed ten shillings and eight pence per diem; and that the Garrison be continued under the rules and regulations established by Resolve of the last Session of Assembly, for one year, and from thence to the end of the next Session of Assembly: and desire your Honors concurrence thereto.

Rd CASWELL, Sp.

Recd from the Council the Bill to indemnify the several Sheriffs who have not collected the one shilling p. poll for sinking the £12,000, granted in the year 1760, and the tax of two shillings p. poll for sinking the £20,000, granted in the year 1761, and to direct such Sheriffs, who have recd the said Taxes, to refund the same to the people from whom they received the said Taxes. In the upper House read the first time and passed.

On motion ordered the Bill for appointing a salary for the Chief Justice be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lane and Mr Dickson.

Recd from the Council the following Bills,

The Bill to prevent the untimely destruction of Fish in Core Sound, Bogue Sound, and the Straits in Carteret County.

-------------------- page 413 --------------------

The Bill to enable the Sheriff of Beaufort County to collect the Taxes for the year 1770.

The Bill to prevent the unreasonable destruction of fish in the Rivers Roanoke and Dan and other water courses therein mentioned. In the upper House read the second time and passed.

Also the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

On reading a third time the Bill for securing titles of the freeholders in this Province, We find, that since our second reading, the mode of appointing the persons to examine the copies of the Registers, is altered by you.

We propose to put the same on the same footing it was when we sent it to you. We further propose, that in the last page of the Bill. the word said be altered to respective, that it may be more consistent: to which Amendments, if you agree, please send two of your members to see them made.

Then the House adjourned till tomorrow morning 9 oClock.


Friday January 11th 1771.

The House met according to adjournment.

Ordered the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

In answer to your Message of yesterday, relative to the Bill for securing the titles of freeholders in this Province; This House agree to the amendments by you proposed, and send Mr Macknight and Mr Thomas to see the same made.

RICHARD CASWELL, Speaker.

Mr Shepard moved for leave to present a Bill to obtain a true and distinct list of the taxable persons in the Town of New Bern; and to impower the Sheriff to collect the Town taxes due from the inhabitants of the said Town.

Ordered he have leave accordingly.

Mr Shepard 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 Lane and Mr Dickson.

-------------------- page 414 --------------------

On motion ordered the Bill to amend an Act Intitled an Act to impower the inferior Courts of the several Counties in this Province to order the laying out of public roads, and to establish and settle ferries and to appoint where bridges shall be built &ca be read the second time. Read the same the second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Gibson and Mr McRee.

Mr Fanning moved for leave to present a Bill for recovering and appointing fines and forfeitures in certain Counties within this Province.

Ordered he have leave accordingly.

Mr Fanning 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 Gibson and Mr McRee.

On motion ordered the Bill directing the method of recovering all debts and demands in this Province under five pounds proc money, be read the second time. Read the same the second time, passed, and ordered to be sent to the Council.

Sent by Mr Gibson and Mr McRee.

Received from the Council a Bill for securing and preserving the Titles of the Freeholders in this Province, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Gibson and Mr McRee.

Recd from the Council the Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, Intitled an Act for building a public gaol and gaolers house for the district of New Bern in the Town of New Bern, In the upper House read the second time amended and passed.

The Bill to obtain a true and distinct list of taxable persons in the Town of New Bern; and to impower the Sheriffs to collect the Town taxes due from the inhabitants of the said Town, In the upper House read the first time and passed.

Recd from the Council the Resolve of this House yesterday, respecting Fort Johnston, In the upper House concurred with.

J. HASELL, P. C.
-------------------- page 415 --------------------

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

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

Sir,

We herewith send your Excellency a Resolve of this House relative toFort Johnston, with which his Majesty's Council have concurred, and request your Excellency's assent thereto.

Rd CASWELL, Sp.

Recd from His Excellency the Governor the following message with the papers therein referred to.

Mr. Speaker and Gentlemen of the House of Assembly,

I recd information last Summer in my tour to Charles Town that the South Government have petitioned His Majesty to run a boundary line between the Carolinas agreeable to Lord Charles Montagu's proposal to me in 1768; as his letter with a sketch of the line proposed, herewith sent you will set forth.

As I considered this boundary, if carried into execution, would take a large tract of Country, and great body of Inhabitants of this Province: I not only declined concurring with Lord Charles' proposal, but also wrote to His Majesty's Secretary of State, setting forth my objections at large.

It now remains with you to consider how far such a division will prove prejudicial to this Country, and to make such representations to His Majesty thereon, as you shall think expedient.

My answer to Lord Charles' letters now sent you, will point out the divisional Line I proposed, which would close the boundary between the two Governments.

Wm. TRYON.

January 11th 1771.

On motion ordered the said message and papers therein referred to, lie on the Table for consideration.

On motion ordered the Bill for the better settling, regulating and improving the Town of Beaufort, in the County of Carteret and for annexing Ocacock Island to the said County be read the second

-------------------- page 416 --------------------
time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

On motion ordered the Bill to enable the Sheriff of Beaufort to collect the Taxes for the year 1770 be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

On motion ordered the Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, Intitled an Act for building a public gaol and gaolers house, for the district of New Bern in the Town of New Bern, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

Mr Harnett from the Committee to prepare a Bill to direct the method hereafter to be observed by Treasurers in keeping the public Accounts of this Province presented the same 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 Thomson and Mr Skinner.

Received from His Excellency the Governor the following message, Vizt,

Mr. Speaker and Gentlemen of the House of Assembly,

A few hundred Acres of Land, Conveniently situated to the palace would always be extremely useful to the Governor, or Commander in Chief, who shall reside therein, and as Mr Dry has made me an offer of his Land for that purpose to the westward of the Town, between Trent road and Trent River, for the sum of £1,000, to be taken in discharge for so much of a larger sum due from him to the public, I rest with you the expediency of accepting such an offer.

Wm. TRYON.

January 11th 1771.

On motion ordered the said Message lie for further consideration.

On motion ordered the Bill to indemnify the several Sheriffs who have not collected the 1s. tax per poll, for sinking the £12,000 granted in the year 1760, and the tax of 2s. per poll, for sinking the £20,000 granted in 1761, and to direct such Sheriffs who have received the said Taxes to refund the same to the people from whom they received

-------------------- page 417 --------------------
said taxes, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

On motion ordered the Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, be read the third time. Read the same the third time passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

Received from the Council the Resolve of this House of yesterday in favour of the Honble William Dry Esquire, respecting the duties on rum and spirits &ca.

In the upper House, Concurred with.

JAMES HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House in favour of the Honble William Dry Esquire, Concurred with by His Majesty's Council, and request your Excellency's Assent thereto.

Rd CASWELL, Sp.

Received from His Excellency the Governor the Resolve of this House of yesterday respecting Fort Johnston.

Concurred with.

Wm. TRYON.

Also the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

I recd your message and resolve, respecting the Establishment of Fort Johnston, and return to you the latter, Concurred with.


January 11th 1771.
Wm. TRYON.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday January 12th 1771.

The House met according to adjournment.

On motion ordered the Bill to prevent the untimely destruction of fish in Core Sound, Bogue Sound, and the Streights in Carteret

-------------------- page 418 --------------------
County, be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

Recd from the Council the Bill for the regulation of the Town of Salisbury, securing the inhabitants in their possessions and to encourage the settlement of the said Town, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for obtaining a true and distinct list of the taxable persons in the Town of New Bern and to impower the Sheriff to Collect the Town taxes due from the inhabitants of the said Town be read the second time. Read the same the second time, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Skinner.

Mr Howe moved for leave to present a Bill for the more easy and certain collection of His Majesty's Quit rents in this Province.

Ordered he have leave accordingly.

Mr Howe 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 Howe and Mr Hewes.

Received from the Council the following Bills,

The Bill for recovering and appropriating fines and forfeitures in certain Counties in this Province.

The Bill to direct the method hereafter to be observed by the Treasurers in keeping the public accounts of this Province, In the upper House read the first time and passed.

The Bill for directing the method of recovering all debts and demands in this Province, under five pounds proc. money.

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.

The Bill for the more advantageous and easy manner of obtaining partitions of Lands in Coparcenary, joint tenancy and tenancy in common.

The Honble Martin Howard, and Samuel Cornell, Esquires two of His Majesty's Justices, came to the House and Mr Willie Jones, one of the members of Northampton, was qualified by taking the several oaths by Law appointed for the qualification of public officers and repeating and subscribing the Test.

Recd from the Council the Bill for obtaining a true and distinct list of Taxable persons in the Town of New Bern, and to impower

-------------------- page 419 --------------------
the Sheriff to collect the taxes due from the inhabitants of the said Town, In the upper House read the second time and passed.

On motion ordered the Bill to direct Sheriffs in levying executions and disposal of lands goods and chattels taken thereon be read the third time. Read the same the third time, amended and passed.

Recd from the Council the Resolve of this House for allowing George Blair the sum of £112 10s, In the upper House Concurred with.

J. HASELL, P. C.

On motion Ordered the following message be sent to his Excellency the Governor.

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing the sum of £112 10s. to George Blair, Concurred with by His Majestys Council, and request your Excellency's assent thereto.

R. CASWELL, Sp.

Sent by Mr Hewes and Mr Willie Jones.

Recd from His Excellency the Governor the Resolve of this House in favour of the Honble William Dry Esquire, respecting the duties on rum and spirits &ca.

Concurred with.

Wm. TRYON.

Also the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

I return your Resolve, relating to the Honble William Dry Esquire, which I have Concurred with.

Wm. TRYON.

On motion ordered the Bill directing the method of recovering all debts and demands under five pounds proc money be read the third time. Read the same a third time, passed and ordered to be sent to the Council,

Sent by Mr McKinnie and Mr Evans.

Recd from the Council the following Message,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly

-------------------- page 420 --------------------
passed in the year 1768 Intitled an Act for building a gaol and gaolers house in the district of New Bern, We propose inserting the Honble Robert Palmer's name instead of Richard Blackledge as one of the Commissioners; If you agree thereto, please send two of your members to see the Alterations made.

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 Trustees in the room and place of those heretofore appointed by an Act of Assembly, passed in 1768, Intitled an Act for building a public gaol and gaolers house for the district of New Bern, this House cannot agree to the alteration by you proposed, therefore hope you will pass the Bill as it went from us.

Rd CASWELL, Speaker.

Recd from the Council the following Bills,

The Bill to indemnify the several Sheriffs who have not collected the one shilling tax p. poll for sinking the £12,000, granted in the year 1760, and the tax of two shillings p. poll, for sinking the £20,000 granted in the year 1761: and to direct such Sheriffs, who have recd the said taxes, to refund the same to the people from whom they received the said taxes.

The Bill to amend an Act intitled an Act to impower the Inferior Courts of the several Counties in this Province to order the laying out of public roads, and to establish ferries, and to appoint where bridges shall be built for the use and ease of the Inhabitants of this Province, and to clear navigable rivers and creeks.

The Bill for better settling, regulating and improving the Town of Beaufort in the County of Carteret, and for annexing Ocacock Island to the said County, In the upper House read the second time and passed.

The Bill to prevent the unreasonable destruction of fish in Core Sound, Bogue Sound, and the Streights in Carteret County, In the upper House read the third time and passed. Ordered to be engrossed.

Recd from His Excellency the Governor the following Message,

-------------------- page 421 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

I have ordered to be laid before you two models of Rice Mills invented in this Province, one of them by Mr Gibson, and the other by Mr Jones; and as ingenious Artists seem to claim from the public some reward for their discoveries, I leave it to you what reward may be proper to be given to the inventors of these models, and also, to the persons who shall first construct a rice mill on the plan you best approve.

Wm. TRYON.

January 12th 1771.

Ordered the said message lie for consideration.

Then the House adjourned till 9 oClock Monday Morning.


Monday January 14th 1771.

The House met according to adjournment.

On motion ordered the Bill for obtaining a true and distinct list of taxable persons in the Town of New Bern, and to impower the Sheriffs to collect the Town taxes due from the inhabitants of the said Town, be read the third time, Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Shepard and Mr Dickson.

On motion ordered the Bill to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties of this Province to order the laying out of public roads and to establish and settle ferries, and to appoint where bridges shall be built, for the use and ease of the inhabitants of this Province, and to clear navigable rivers and creeks, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Shepard and Mr Dickson.

On motion ordered the Bill for the better settling, regulating and improving the Town of Beaufort in the County of Carteret, and for annexing Ocacock Island to the said County, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Shepard and Mr Dickson.

On motion ordered the Bill for recovering and appropriating fines and forfeitures in certain Counties within this Province, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Shepard and Mr Dickson.

-------------------- page 422 --------------------

On motion ordered the Bill to prevent the unreasonable destruction of fish in the Rivers Roanoke and Dan, and other water courses therein mentioned, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Pryor and Mr Lewis.

Mr Macknight moved for leave to prepare and bring in a Bill for regulating, explaining and ascertaining the fees of the Chief Justice, the Clerk of the Crown, and Public Registers; which being objected to, the question was put, and passed in the Negative.

Then on motion the Yeas and Nays to the said question be taken and are as follows:

Yeas—Messrs Macknight, Harnett, Dunn, Brownrigg, Rutherford, Dickson, Jacob Blount, Johnston, Evans, Stewart, Skinner, Howe, James Blount, Thomson, Jno Campbell, Thos Neill, McSwain, Fanning, Davis, Edwd Hare, Locke, Knox, Cray, Ward, Wynns.

Nays—Messrs Alexander, Polk, William Relfe, Haywood, Robinson, McRee, White, Gibson, Woodhouse, Bonner, Pryor, Lewis, Slade, Herring, Wm Moore, Smithwick, L. Lockhart, McKinnie, Sugg, Moses Hare, C. Neale, Jarvis, Benjamin Person, Lane, Mackilwean, Thos Person, F. Campbell, Thomas Relfe, Shepard and Latham.

On motion ordered the said Motion and Votes be printed in the Public Gazette.

Recd from the Council the following Bills,

The Bill to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties in this Province, to order the laying out of public roads, and establish and settle ferries &ca

The Bill to prevent the unreasonable destruction of fish in the Rivers Roanoke and Dan and other water courses therein mentioned.

The Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, intitled an Act for building a public gaol and gaolers house, for the district of New Bern in the Town of New Bern.

The Bill for obtaining a true and distinct list of taxables in the Town of New Bern, and to impower the Sheriff to collect the taxes due from the inhabitants of the said Town, In the upper House read the third time and passed. Ordered to be engrossed.

Mr Rutherford moved for leave to present a Bill for ascertaining the boundary line between the county of Rowan and the counties of Mecklenburg and Tryon, and for appointing commissioners to run the same.

Ordered he have leave accordingly.

-------------------- page 423 --------------------

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 Howe and Mr Davis.

Mr Dunn moved for leave to present a Bill for the more easy and effectual method of collecting the taxes in the counties therein mentioned.

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 Howe and Mr Davis.

Mr Dunn moved for leave to present a Bill to enable the Commissioners heretofore appointed to build a prison, pillory and stocks for the district of Salisbury, to compleat the same and to discharge the several contracts by them made for materials for erecting the said prison, pillory and stocks.

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 and rejected.

Mr Howe moved for leave to present a Bill to alter the method of working on the roads in the counties therein mentioned.

Ordered he have leave accordingly.

Mr Howe 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 Howe and Mr Davis.

On motion ordered the Bill for ascertaining Attorneys fees be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Howe and Mr Davis.

Recd from the Council the following message,

Mr. Speaker and Gentlemen of the House of Assembly,

On reading a third time the Bill to direct Sheriffs in levying executions, and the disposal of land, goods and chattels taken thereon, We propose the word shall be altered to the word may and the clause relative to the appeals be steted, and the following clause be added, Vizt, “Provided also that lands shall not be taken on any

-------------------- page 424 --------------------
execution, where there shall be goods and chattels sufficient to satisfy the same.”

If your House agree to those amendments please send two of your members to see the same done.

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

Gentlemen of His Majestys Honble Council,

This House agree to the additional clause proposed by you, to be added to the Bill to direct Sheriffs in levying executions and the disposal of lands goods and chattels taken thereon, but cannot agree to stet the clause relative to appeals, as it may be productive of delay, nor can we recede from retaining the word shall, proposed by you to be altered to the word may, as things taken upon execution would by that means be left at large, and neither belong to Plaintiff or Defendant. We cannot conclude without adding, that the critical situation of this Country renders the passing this Act essential; and therefore persuade ourselves it will meet with your Honors concurrence, in which case two of our members shall attend to see the clause you propose added to the Bill.

R. CASWELL, Speaker.

Sent by Mr Pryor and Mr T. Person.

On motion ordered the Bill to prevent frauds in entering up Judgments on bonds, notes, and other instruments of Writing, by virtue of any Warrant or Warrants of Attorney be read the second time. Read the same the second time, passed and ordered to be sent to the Council.

Sent by Mr Gray and Mr C. Neale.

Mr Fanning moved for leave to present a Bill for erecting a new County between the Towns of Salisbury and Hillsborough by taking part of the Counties of Rowan and Orange.

Ordered he have leave accordingly.

Mr Fanning 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 Gray and Mr C. Neale.

Recd from the Council the following Bills,

The Bill for the more easy and effectual method of collecting the taxes in the Counties therein mentioned.

-------------------- page 425 --------------------

The Bill for ascertaining the boundary line between the County of Rowan and the Counties of Mecklenburg and Tryon.

The Bill to alter the method of working on the roads in the Counties therein mentioned, In the upper House read the first time and passed.

Mr Howe moved for leave to present a Bill for establishing two loan offices in this Province.

Ordered he have leave accordingly.

Mr Howe 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 Hare and Mr Smithwick.

Mr Willie Jones moved for leave to present a Bill for establishing a new County between Campbelton and Hillsborough, by taking the Southern part of the Inhabitants of Orange County, and by erecting the same, into a distinct County and Parish by the name of —— County and —— Parish.

Ordered he have leave accordingly.

Mr Jones 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 Hare and Mr Smithwick.

Recd of his Excellency the Governor the Resolve of this House of the 8th Instant for allowing George Blair one hundred and twelve pounds ten shillings. Concurred with.

Wm. TRYON.

Also the following Message,

Mr. Speaker and Gentlemen of the House of Assembly

I return you your Resolve allowing the sum of £112 10s. to George Blair, Concurred with.

Wm. TRYON.

On motion ordered the Bill to establish Inferior Courts of pleas and quarter Sessions in the several Counties in this Province, be read the second time. Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Hare and Mr Smithwick.

Recd from the Council the following Bills,

-------------------- page 426 --------------------

The Bill for erecting a new County between the Towns of Salisbury and Hillsborough, by taking part of the Counties of Rowan and Orange, In the upper House read the first time and passed.

The Bill to prevent frauds in entering up Judgments on Bonds, notes and other instruments of writing by virtue of any warrant or warrants of Attorney, In the upper House read the second time and passed.

The Bill to ascertain Attorneys fees, In the upper House read the second time and passed.

Mr Nash moved for leave to present a Bill for appointing fees for such persons as the Governor or Commander in Chief for the time being shall create Master of the Rolls.

Ordered he have leave accordingly.

Mr Nash 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 Wynns.

Mr McKinnie moved for leave to present a Bill to prevent Card playing and other deceitful gaming.

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 McKinnie and Mr Wynns.

On motion ordered the Bill for the more easy and certain collection of His Majestys Quit rents in this Province be read the second time. Read the same the second time, passed and ordered to be sent to the Council.

Sent by Mr Hare and Mr Smithwick.

Mr Howe moved for leave to present an additional Bill to an Act to regulate the elections for Members to serve in the General Assembly, and to ascertain who shall be qualified to vote at the said Elections, or to be elected a Member of General Assembly; and to direct the method to be observed in taking the poll at the several Elections in the Counties and towns in this Province.

Ordered he have leave accordingly.

Mr Howe 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 Hare and Mr Smithwick.

Then the House adjourned till tomorrow morning 9 oClock.

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Tuesday January 15th 1771.

The House met according to adjournment.

On motion ordered the Bill to prevent frauds in entering up Judgments, Bonds, Notes and other instruments of Writing, by virtue of any Warrant or Warrants of Attorney, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr McKinnie and Mr Wynns.

On motion ordered the Bill for erecting a new County between the Towns of Salisbury and Hillsborough by taking part of the Counties of Rowan and Orange, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Hare and Mr Smithwick.

On motion ordered Mr Davis have leave to absent himself from the service of the House after this day.

On motion, ordered the Bill to direct the method hereafter to be observed by the Treasurers in keeping the public Accounts of this Province, be read the second time. Read the same the second time, passed, and ordered to be sent to the Council.

Sent by Mr Locke and Mr Wm Moore.

On motion ordered the Bill for ascertaining the Boundary Line between the County of Rowan and the Counties of Mecklenburg and Tryon, and for appointing Commissioners to run the same, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Locke and Mr Wm Moore.

On motion ordered the Bill to enlarge the time for several Sheriffs to settle their Accounts with the Justices of the Inferior Courts of pleas and quarter Sessions of the counties therein mentioned, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Locke and Mr Wm Moore.

On motion ordered the Bill to ascertain Attornies fees, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Locke and Mr Wm Moore.

Received from the Council the following Bills, to wit,

The additional Bill to an Act to regulate Elections for Members to serve in the General Assembly, and to ascertain who shall be qualified to vote at the said Elections, or to be Elected a Member of the

-------------------- page 428 --------------------
General Assembly, and to direct the method to be observed in taking the poll &ca.

The Bill for establishing a new County between Campbelton and Hillsborough, by taking the southern part of the inhabitants of Orange County, and by erecting the same into a distinct County &ca.

The Bill to prevent card playing and other deceitful gaming, In the upper House read the first time and passed.

The Bill for erecting a new County between the Town of Salisbury and Hillsborough &ca.

The Bill for the more easy and certain collection of his Majestys Quit Rents in this Province, In the upper House read the second time and passed.

Mr Fanning moved for leave to present a Bill for erecting part of the inhabitants of the County of Orange, to the northward of the Town of Hillsborough, into a separate and distinct County by the name of —— County and —— Parish.

Ordered he have leave accordingly.

Mr Fanning 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 Pryor and Mr Thos. Person.

Recd from his Excellency the Governor a verbal message by his Secretary, requiring the immediate attendance of the House in the Palace.

Mr Speaker with the House waited on His Excellency the Governor, in the Palace, and Mr Speaker presented him with the following Bills, to wit,

The Bill for preventing tumultuous and riotous Assemblies, for the more speedy and effectually punishing the Rioters, and for restoring and preserving the public peace of this Province.

The Bill for an addition to, and amendment of an Act, for appointing a Militia.

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

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

The 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.

-------------------- page 429 --------------------

The Bill for appointing Commissioners for erecting and building a Court House, prison and stocks for the County of Tryon.

The Bill to appoint Commissioners for finishing the Church in Wilmington, in the room and stead of John Du Bois and George Wakely Esquires deceased.

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

The Bill for erecting part of Johnston, Cumberland and Orange Counties into a separate and distinct County by the name of Wake County and St Margarets Parish.

The Bill to prevent hunting for and killing deer in the manner therein mentioned.

The Bill to encourage the further settlement of this Province.

The Bill to amend an Act, Intitled an Act for appointing Sheriffs, and directing their duty in Office.

The Bill for the relief of such persons who have or may suffer by the loss of the Records in Bladen County, and for the Election of Vestrymen for the Parish of St Martins.

The 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 Law.

The Bill to prevent the exportation of unmerchantable commodities.

The Bill for the regulation of the Town of Salisbury, securing the inhabitants in their possessions, and to encourage the settlement of the said Town.

The Bill to prevent the untimely destruction of Fish in Core Sound, Bogue Sound and the Straights in Carteret County.

The Bill for founding, establishing and endowing of Queens College in the Town of Charlotte in Mecklenburg County.

To which said Bills His Excellency the Governor was pleased to give his assent, except the Bill to impower the Church Wardens and Vestrymen of St Gabriels Parish in the County of Duplin to sell the Glebe in the said Parish and County, and

The Bill for the restraint of Vagrants, and for making provision for the poor, which His Excellency rejected.

Mr Speaker with the House being returned from the Palace, Mr Speaker acquainted the House, His Excellency the Governor had given his assent to the foregoing Bills, Except as before excepted.

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 430 --------------------


Wednesday January 16th 1771.

The House met according to adjournment.

On motion ordered the Bill for the more easy and effectual method of collecting the taxes in the Counties therein mentioned, be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Wm Moore.

On motion ordered the Bill for erecting a new County between the Towns of Salisbury and Hillsborough, by taking part of the Counties of Rowan and Orange, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Wm Moore.

Recd from the Council the following Bills, to wit,

The Bill for establishing two Loan Offices in this Province.

The Bill for erecting part of the inhabitants of the County of Orange to the Northward of the Town of Hillsborough, into a separate and distinct County by the name of —— County and —— Parish, In the upper House read the first time and passed.

The Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for establishing a new County between Campbelton and Hillsborough, by taking the Southern part of the inhabitants of Orange County, and by erecting the same into a distinct County by the name of Chatham County, and St Bartholomews Parish be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

Mr Knox moved for leave to present a Bill to further continue an Act for the restraint of vagrants and for making provision for the poor and other purposes.

Ordered he have leave accordingly.

Mr Knox 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.

Recd from His Excellency the following Message,

Mr. Speaker and Gentlemen of the House of Assembly,

His Majesty's Post Master General having for some months past opened a communication by post, between the Southern and Northern

-------------------- page 431 --------------------
Provinces on this Continent, by establishing a regular intercourse between Charles Town and Suffolk in Virginia, which has been so long solicited, especially by the commercial interest of this Province, and it being since found from experience, that the riders, or mail bearers, meet with great difficulties and delays at the many ferries in this Province, I would recommend it to you to make provision, authorizing all such riders to pass the ferries free of any Charges, and the respective owners of the ferries allowed to bring in a claim on the public for the same, And also in cases of sickness, or the riders horses failing them, to impower them to require from any person living nearest on the road to carry the mail to the next stage; and the person so carrying the mail to be paid by the acting Post Master General of the Province so much p. mile for such service.

Wm. TRYON.

January 16th 1771.

On motion ordered the said Message lie for consideration.

Received from the Council the following Bills:

The Bill for ascertaining the boundary line between the county of Rowan and the counties of Mecklenburg and Tryon and for appointing commissioners to run the same.

The Bill to enlarge the time for several Sheriffs to settle their Accounts with the Justices of the Inferior Courts of pleas and quarter sessions of the counties therein mentioned, In the upper House read the second time and passed.

The Bill to direct the method hereafter to be observed by the Treasurers in keeping the public Accounts in this Province, In the upper House, read the second time, amended and passed.

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

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

Sir,

Mr John Gibbs, who was one of the Members of Bladen County, being dead, this House 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 Bladen, to sit and vote in this present Assembly, in the room and stead of the said John Gibbs.

Rd CASWELL, Speaker.
-------------------- page 432 --------------------

Sent by Mr McRee and Mr Dickson.

On motion Resolved that Thomas Sitgreaves be allowed for his pay as Captain of the prison guards, guard room, fire and candles, furnished the said guards, from the 21st December last to this day the sum of £13 to be paid him out of the £500 Resolved by this House to be drawn out of the Treasury by His Excellency the Governors Warrant, to be applied towards the payment of any necessary expences his Excellency has been or may be at, in counteracting the wicked designs of the Insurgents.

Ordered the following Message be sent to the Council,

Gentlemen of His Majesty's Honble Council,

We herewith send you a Resolve of this House, for allowing Thos Sitgreaves £13, and desire your Honors concurrence thereto.

Rd CASWELL Speaker.

Sent by Mr McKinnie and Mr Lewis.

On motion ordered the Bill for erecting part of the inhabitants of the County of Orange to the northward of the Town of Hillsborough, into a separate and distinct county &ca, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr T. Person and Mr Pryor.

Recd from the Council the Bill for erecting a new County between the Towns of Salisbury and Hillsborough, by taking part of the counties of Rowan and Orange, In the upper House, read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for the more advantageous and easy manner of obtaining partitions of Lands in coparcenary, joint tenancy, and tenancy in common, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Gray and Mr Polk.

On motion ordered the Bill to prevent card playing and other deceitful gaming, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Thomas Neill and Mr Alexander.

On motion ordered the Bill to enlarge the time for several Sheriffs to settle their accounts with the Justices of the Inferior Courts of pleas and quarter sessions of the Counties therein mentioned, be read

-------------------- page 433 --------------------
the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Thomas Neill and Mr Alexander.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday January 17th 1771.

The House met according to adjournment.

On motion ordered the Bill for ascertaining the boundary line between the County of Rowan and the Counties of Mecklenburg and Tryon, and for appointing Commissioners to run the same, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Thos. Neill.

On motion, ordered Mr Harvey have leave to absent himself from the service of the House during this session.

On motion ordered the Bill to indemnify the several Sheriffs, who have not collected the one shilling tax p. poll for sinking the £12,000, granted in the year 1760, and the tax of two shillings p. poll for sinking the £20,000 granted in the year 1761 &ca, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Hewes and Mr Brownrigg.

Mr Hewes moved for leave to present a Bill to encourage the support of the establishment of a post office in this Province.

Ordered he have leave accordingly.

Mr Hewes 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 Hewes and Mr Brownrigg.

Recd from His Excellency the Governor the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

I have waited with no less patience than pleasure on your deliberations for the reform of the public abuses, and restoration of the tranquility of the country. When you have provided for these objects, and that your Chief Magistrate may reap some share of the distributive Justice of this Session, I must desire that you will have regard to an injury I experience from the liberty County Court Clerks are allowed of issuing Marriage licences by certificate when unprovided with Blank licences by the Governor: as under this

-------------------- page 434 --------------------
sanction many are extremely negligent in receiving them, and in one instance the blank licences were absolutely refused to be accepted, when tendered by my order to a Clerk, while certificates were granted in their stead. I do therefore to prevent similar abuses, and that I may not be deprived of my equitable emoluments request the Clerks by Law, may be absolutely prohibited from issuing any Marriage Licences, and any Magistrate from marrying any parties, unless under Hand and Seal of the Governor or Commander in Chief for the time being, as the Clerks may be at all times furnished, either out of the Secretarys Office or from the private Secretary, with any number of blank Marriage Licences they may have occasion for on rect.


January 17th 1771.
Wm. TRYON.

On motion ordered Mr Howe prepare and bring in a Bill for regulating the issuing of Marriage Licences,

Recd from the Council the following Bills,

The Bill to encourage and support the establishment of a post office in this Province, In the upper House read the first time and passed.

The Bill for establishing a new County between Campbelton and Hillsborough &ca, In the upper House read the second time and passed.

The Bill for the more easy and advantageous manner of obtaining partitions of Land in Coparcenary joint tenancy and tenancy in common,

The Bill to indemnify the several Sheriffs who have not collected the 1s. tax p. poll for sinking the £12,000, granted in the year 1760, and the tax of 2s. p. poll for sinking the £20,000, granted in the year 1761, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered Mr Mau. Moore and Mr Nash have leave to absent themselves from the service of this House during the Session.

Recd from the Council the Bill to prevent card playing and other deceitfnl gaming, In the upper House read the second time amended and passed.

Recd from the Council the following Bills,

The Bill to enlarge the time for Sheriffs to settle their accounts with the Justices of the Inferior Courts of pleas and quarter Sessions of the Counties therein mentioned.

-------------------- page 435 --------------------

The Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort, In the upper House read the third time and passed. Ordered to be engrossed.

The Bill for the more easy and effectual method of collecting the taxes in the counties therein mentioned, In the upper House read the second time and passed.

The Bill to further continue an Act for the restraint of Vagrants and for making provision for the poor, and other purposes, In the upper House read the first time and passed.

And also the Resolve of this House of yesterday, for allowing Thomas Sitgreaves the sum of £13, In the upper House concurred with

JAMES HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House of yesterday, for allowing Thomas Sitgreaves the sum of £13 to which His Majestys Council have concurred, and request your Excellency's assent thereto.

Rd CASWELL, Speaker.

Recd from the Council the following message, to wit,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for appointing William Moore of Tryon County to collect and receive the Taxes due for the year 1768, We observe as the Bill now stands, that Wyley would be immediately discharged from such taxes, which we are of opinion ought not to be, until Moore gives bond and sufficient security, And therefore we propose the words following be inserted in the Bill, Vizt, “As soon as the said William Moore has given bond with security as aforesaid, that James Wyley shall be exonerated,” &ca as in the Bill. If you agree thereto, please send two of your members to see the same inserted.

On motion ordered the following Message be sent the Council,

-------------------- page 436 --------------------

Gentlemen of His Majestys Honble Council,

In answer to your message of this day respecting the Bill for appointing William Moore of Tryon County, to collect and receive the taxes due for the year 1768, We agree to the amendments by you proposed and send Mr Dunn and Mr Ormond to see the same made.

Rd CASWELL, Speaker.

On motion ordered the 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 and for taxing Law suits be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Brownrigg and Mr Jacob Blount.

Mr Howe moved for leave to present an Additional Bill to an Act Intitled an Act for defraying the contingent charges of Government.

Ordered he have leave accordingly.

Mr Howe 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 Brownrigg and Mr Jacob Blount.

Mr Howe according to order presented a Bill for regulating the issuing of Marriage Licenses, 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 Brownrigg and Mr Jacob Blount.

On motion Resolved that six thousand weight of gun powder, two thousand weight of musket balls and shot be purchased for the use and defence of this Province and that the Captain Commandant of Fort Johnston do purchase the same: and that His Excellency the Governor be employed to draw upon either of the public Treasurers for money to purchase the same.

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

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House, for impowering the Captain Commandant of Fort Johnston to purchase six thousand weight of gun powder, and two thousand weight of musket balls and shot for the use and defence of this Province; and desire your Honors concurrence thereto.

-------------------- page 437 --------------------

On motion ordered Mr Edward Hare have leave to absent himself from the service of this House.

On motion ordered the Bill for establishing a new County between Cambelton and Hillsborough &ca be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Ormond.

Recd from the Council the following message,

Mr. Speaker and Gentlemen of the House of Assembly,

We observe by your message of the 15th instant that you do not agree to our proposed alteration of the word shall, to the word may, or allow the Clause admitting an appeal in the Bill “To direct Sheriffs in levying executions &ca.” In order therefore to make that Bill less lyable to objection, We agree that the word shall, stand with respect to goods and chattels, but that with respect to Lands, in such case the Plaintiff may take it at two thirds the value, to which end, we send a clause with the necessary alterations. If your House agree thereto please send two of your members to see this and the former clause agreed to by you added to the Bill.

Ordered to lie for consideration.

Then the House adjourned to 10 oClock tomorrow morning.


Friday January 18th 1771.

The House met according to adjournment.

On motion ordered the Bill for further continuing an Act for the restraint of Vagrants, and for making provision for the poor and other purposes, be read the second time. Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Ormond.

On motion ordered Mr McRee have leave to absent himself from the service of the House.

On motion ordered the Bill for the more easy and effectual method of collecting the Taxes in the Counties therein mentioned, be read the third time. Read the same a third time and rejected.

On motion ordered the Additional Bill to an Act Intitled an Act to regulate Elections &ca, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Ormond.

-------------------- page 438 --------------------

Recd from the Council the following Bills, Vizt,

The Bill for regulating the issuing of Marriage Licences.

The additional Bill to an Act, Intitled an Act for defraying the contingent charges of Government, In the upper House read the first time and passed.

The Bill for vesting the school house in Edenton in Trustees.

The 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 &ca, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to prevent card playing, and other deceitful gaming, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Ormond.

On motion Resolved that Mr Southier be allowed fifty pounds for the map of this Province and plans of the several Towns therein, presented by him to this House, to be paid by the Treasurers or one of them out of the contingent fund.

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

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House for allowing Mr Southier the sum of fifty pounds, and desire your Honors concurrence thereto.

Rd CASWELL, Sp.

On motion ordered the Bill to encourage and support the establishment of a post office in 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 James Blount and Mr Herring.

Recd from His Excellency the Governor the Resolve of this House respecting an allowance to Thomas Sitgreaves of thirteen pounds.

Concurred with and paid.

Wm. TRYON.

Also the following Messages, to wit,

Mr Speaker and Gentlemen of the House of Assembly

Your Resolve for allowing Captain Sitgreaves thirteen pounds for the services therein mentioned out of the vote of credit for five hundred pounds, you have given me, I have concurred with and discharged.

Wm. TRYON.
-------------------- page 439 --------------------

Mr. Speaker and Gentlemen of the House of Assembly,

In compliance with your request, communicated in your Message of the 16th, I have directed the Clerk of the Crown to issue a writ for electing a member for the County of Bladen in the room of Mr John Gibbs deceased.

Wm. TRYON.

Recd from the Council the following Bills,

The 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.

The Bill to prevent card playing and other deceitful gaming.

The Bill for establishing a new county between Campbelton and Hillsborough, In the upper House, read the third time and passed. Ordered to be engrossed.

The Bill to encourage and support the establishment of a post office in this Province.

The Bill for further continuing an Act for the restraint of vagrants and making provisions for the poor and other purposes, In the upper House, read the second time and passed.

Recd from the Council the following Message,

Mr Speaker and Gentlemen of the Assembly,

On reading a third time the Bill to ascertain Attorneies fees, We propose the following amendments to the Bill, as it now stands, Vizt, to dele the clause relative to the Attornies fees, and insert the following fees to be taken by them and no more:

£
s.
d.
For an Opinion or advice on matters cognizable in the Supr Court
1
10
00
The same on matters in the Inferior Court
15
00
On all suits for recovering of debts due by Book account, notes, or bonds in the Superior Court
2
00
00
On all other actions, when Titles of Lands do not come in question, in the Superior Court
3
10
00
On all suits in Trespass Quare clausum Fregit
5
00
00
On Actions in Ejectment
7
10
00
On all actions in the Inferior Court of what nature soever,
1
10
00

Provided that in every Bill of costs, the Clerk shall tax for the lawyers fee, thirty shillings in the Superior Court, and fifteen shillings in the Inferior Courts, and no more.

-------------------- page 440 --------------------

We propose to dele the clause and proviso giving power to the Superior and Inferior Courts over the Attornies, and to dele the last proviso in the Bill, relative to any compensation to be given to a lawyer at the end of a suit. And that this Act shall continue and be in force for and during two years, and no longer.

If you agree to these amendments, please send two of your members to see them made.

And the Resolve of this House of yesterday for granting powder and lead for the use of Fort Johnston, and defence of the Province.

Concurred with.

JAMES HASELL, P. C.

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

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

Sir,

This House having considered the necessity of providing ammunition for the defence of this Province, have entered into a Resolve, concurred with by His Majestys Honorable Council, which they herewith send, and request your Excellencys assent thereto.

Rd CASWELL, Sp.

On motion ordered the Bill to direct the method hereafter to be observed by the Treasurers in keeping the public Accounts of this Province, be read the third time. Read the same a third time and rejected.

On motion ordered the Bill to alter the method of working on the public roads in the County therein mentioned, be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Wynns.

On motion ordered Mr Brownrigg have leave to absent himself from the service of this House after tomorrow.

On motion Resolved, that the Clerk of the Assembly provide a room in the Town of New Bern, for the office of the Clerk of the Assembly for the time being; and that such Clerk collect all papers belonging to this House and file the same in order, in proper cases to be by him furnished; and also to enter in the large folio book, already provided for that purpose all the Journals since April

-------------------- page 441 --------------------
Session 1760; for which room for an office, service and expence, the said Clerk shall be paid by the Assembly, and also for transcribing the said Journals as aforesaid shall have and receive the usual allowance for Transcripts of the Journals of this House to His Excellency the Governor.

Then the House adjourned till 4 oClock in the afternoon.

The House met according to adjournment.

Mr John Dunn Chairman of the Committee of Claims, Reported that the said Committee had settled and allowed sundry claims, which being severally read and concurred with by the House, Except the Claim of Mrs Elizabeth Blenning which was disallowed.

Ordered the same be sent to the Council for their Concurrence.

Sent by Mr Lane and Mr Bonner.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday January 19th 1771.

The House met according to adjournment.

Mr Cray, from the Committee of Priviledges and Elections, reported that they had considered the petition of Thomas Respess of Bath Town complaining of the undue Election of Wyriot Ormond, and after examining persons and papers, are of opinion that the said Wyriot Ormond was duly Elected.

Resolved this House concur with the said report.

On motion Resolved the Bill for further continuing an Act for the restraint of Vagrants, and for making provision for the poor, and other purposes, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Wynns.

On motion ordered the Bill for regulating the issuing of Marriage Licenses, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Wynns.

On motion ordered the Bill to encourage and support the establishment of a post office in this Province, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Wynns.

Mr Fanning moved for leave to present a Bill for the more speedy

-------------------- page 442 --------------------
recovery of all small debts and demands under five pounds proc. money in this Province.

Ordered he have leave accordingly.

Mr Fanning 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 Fanning and Mr C. Neale.

Mr Fanning moved for leave to present a Bill for granting a salary to the Chief Justice out of the contingent fund.

Ordered he have leave accordingly.

Mr Fanning 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 Fanning and Mr C. Neale.

On motion ordered the following messages be sent to His Excellency the Governor, in answer to sundry messages received from him,

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

Sir,

Your Excellency's message respecting the method of keeping the public accounts has been duly considered by this House, in consequence of which, we shall pursue such measures as will we hope, be satisfactory to you, and effectually answer the ends of the Public. The Books Sir, you have kindly presented to this House will be very serviceable, for which we beg your Excellency to accept our thanks.

Rd CASWELL, Speaker.

Sent by Mr Cray and Mr Gray.

The Memorial preferred by some Merchants of London to the Earl of Hillsborough, concerning the packing and shipping the naval stores from this Province has been duly considered and such provision made in the Inspection Act, which has passed this House, as will we hope be satisfactory.

Rd CASWELL, Speaker.

Sent by Mr Cray and Mr Gray.

This House thank your Excellency for the information you give them in your message of the 11th of this instant relative to a boundary

-------------------- page 443 --------------------
line between the Carolinas, and shall pay that attention thereto, which the importance of the subject so justly requires.

Rd CASWELL, Speaker.

On motion Resolved, that Simon Bright be allowed the sum of ten pounds for apprehending and bringing George Martin to the Bar of this House, who was suspected of making and passing counterfeit money; to be paid by the Treasurers or either of them out of the contingent fund.

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

Gentlemen of His Majesty's Honble Council

We herewith send you a Resolve of this House for allowing Simon Bright ten pounds, and desire your Honors concurrence thereto.

Rd CASWELL, Speaker.

On motion ordered the Bill for establishing two Loan offices in this Province be read the second time. Read the same a second time and rejected.

On motion Resolved that Walter Gibson and Mr Jones be allowed the sum of five pounds each for their models of rice mills laid before this House, to be paid by the Treasurers or one of them out of the contingent fund.

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

Gentlemen of His Majesty's Honble Council,

We herewith send you a Resolve of this House for allowing Mr Gibson and Mr Jones five pounds each, to which we desire your Honors concurrence.

Rd CASWELL, Sp.

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

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

This House having received information of the great scarcity of Indian corn likely to ensue, beg leave to request your Excellency to

-------------------- page 444 --------------------
lay an embargo, prohibiting the Exportation thereof from any Port in this Province.

d CASWELL, Sp.

On motion ordered the Yeas and Nays be taken down and are as follows:

Yeas—Messrs Hewes, James Blount, Christr Neale, Johnston, Harnett, Dunn Cray, Sugg, Ward, Jos. Jones, Thos, Relfe, Macknight, Herring, Wm Relfe, Moses Hare, Woodhouse, Knox, Brownrigg, Jacob Blount, Ormond, Jarvis, Thomson, Howe, White, Skinner.

Nays—Messrs Lane, Haywood, Thomas Person, McKinnie, Slade, Mackilwean, Smithwick, Gibson, Latham, Dickson, Robinson, Benja Person, McRee, Bonner, Stewart, Evans, McSwain, Farquard Campbell, Rutherford, Locke, Moore, Polk, Alexander, Thomas Neill.

Then on motion ordered the foregoing message and votes be printed in the Public Gazette.

On motion ordered the additional Bill to an Act Intitled an Act for defraying the contingent charges of Government, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Gray and Mr McKinnie.

Then the House adjourned till Monday morning 10 oClock.


Monday January 21st 1771.

The House met according to adjournment.

Recd from the Council the following Bills,

The Bill for granting a salary to the Chief Justice, out of the Contingent fund.

The Bill for the more speedy recovery of all debts and demands under five pounds proc money within this Province, In the upper House read the first time and passed.

The Bill to encouarge and support the establishment of a Post Office in this Province.

The Bill for further continuing an Act for the restraint of vagrants and for making provision for the poor and other purposes, In the upper House read the third time and passed. Ordered to be engrossed.

The Bill for regulating the issuing of Marriage Licenses.

The Bill to alter the method of working on the roads in the County therein mentioned, In the upper House, read the second time and passed.

-------------------- page 445 --------------------

Mr Neale presented the Petition of Mr John Oliver, setting forth he was security for one Ebenezer Scranton for the payment of £17 4s. 4d. proc money, for duties on rum imported into the Port of Beaufort and although the duties were paid to Mr Jeremiah Vail the then Collector, yet the bond remained in his hands, and after his death was prosecuted by the public Treasurer, and judgment rendered notwithstanding the said duties were paid to Mr Vail in his lifetime, praying relief &ca—Therefore,

Resolved, the Treasurer of the Southern district be directed to enter satisfaction of the said judgment and that the said John Oliver be discharged from the same.

Recd from His Excellency the Governor the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

I am to acquaint you that in consequence of my orders given in compliance with your request, all the Records and papers belonging to the Secretarys Office are safely arrived in Town. An account of the expences for removing the same from Wilmington, I herewith send you for your allowance.

Wm. TRYON.

January 21st 1771.

On motion, Resolved, that the Honble Robert Palmer Esqr Secretary, be allowed the sum of fifty pounds for the expences in removing all the records and papers belonging to the Secretarys office from Wilmington to New Bern, to be paid by the Treasurer or one of them out of the contingent fund.

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

Gentlemen of His Majestys Honble Council,

We herewith send you a Resolve of this House, for allowing the Honble Robert Palmer Esquire the sum of fifty pounds and desire your Honors concurrence thereto.

Rd CASWELL, Speaker.

Sent by Mr Jacob Blount and Mr Sheppard.

Recd from the Council the two Resolves of this House of Saturday, for allowing Simon Bright ten pounds, and Mr Gibson and Mr Jones five pounds each, In the upper House concurred with

J. HASELL, P. C.

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

-------------------- page 446 --------------------

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

Sir,

We herewith send your Excellency two Resolves of this House, for allowing Simon Bright the sum of ten pounds, and for allowing Mr Gibson and Mr Jones five pounds each, to which his Majesty's Council have concurred and request your Excellency's assent to the said Resolves.

Rd CASWELL, Speaker.

On motion ordered the Bill for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Woodhouse and Mr McSwain.

Recd from the Council the Bill for the better settling, regulating, and improving the Town of Beaufort, in the County of Carteret and for annexing Ocacock Island to the said County, In the upper House read the third time and passed. Ordered to be engrossed.

Recd from the Council the Bill for the more speedy recovery of all debts and demands under five pounds proc. money within this Province, In the upper House read the second time and passed.

Received from His Excellency the Governor the following Messages, to wit,

Mr. Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration and allowance an account of the expences incurred in Assembling under Arms the Pitt Regiment of Militia, at the beginning of this Session, a copy of my letter to the Colo of the Regiment, also herewith sent you, will explain the motives that induced me to give the orders contained therein.

Wm. TRYON.

January 21st 1771.

Ordered to lie for consideration.

Mr Speaker and Gentlemen of the House of Assembly,

I received your Message and Resolve respecting the supply of ammunition for the defence of this Province, and entirely agree with you in the necessity of making such provision, but hope when you reconsider the Frame of the Resolve, which I herewith return

-------------------- page 447 --------------------
you, you will see the propriety of making such grant for His Majesty's service, and defence of the Province, and that I may be impowered to order the purchase of such ammunition, as well as to draw upon the Treasurers for the purchase of the same.

Wm. TRYON.

Also the Resolve of this House referred to in the above message.

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

Gentlemen of His Majestys Honble Council,

In answer to your Message of the 18th current, relative to the Bill for ascertaining Attorneys fees, We agree to dele the clause giving power to the Supreme and Inferior Courts, over the Attorneys, and send Messrs Fanning, Haywood and Thomas Person to see the same inserted; but cannot agree to any other alterations.

Rd. CASWELL, Speaker.

On motion ordered, the additional Bill to an Act, Intitled an Act to regulate Elections for Members to serve in the General Assembly &ca, be read the third time. Read the same a third time, amended, passed and ordered to sent to the Council.

Sent by Mr Fanning and Mr Haywood.

On motion ordered the Bill for granting a salary to the Chief Justice out of the contingent fund, be read the second time. Read the same the second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Fanning and Mr Haywood.

On motion ordered the additional Bill to an Act, Intitled an Act for defraying the contingent charges of Government, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr C. Neale.

On motion ordered the Bill for regulating the issuing of Marriage Licenses, be read the third time. Read the same a third time, amended passed, and ordered to be sent to the Council.

Sent by Mr Ormond and Mr C. Neale.

On motion ordered the Bill for the more speedy recovery of all debts and demands under five pounds proc money within this

-------------------- page 448 --------------------
Province, be read the third time. Read the same a third time, passed, and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Moore.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday January 22d 1771.

The House met according to adjournment

Received from the Council a Bill for granting a salary to the Chief Justice out of the contingent fund, In the upper House read the second time and passed.

Also the Resolve of this House, for allowing the sum of fifty pounds to the Honble Robert Palmer Esquire.

Concurred with.

JAMES HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing the Honble Robert Palmer Esquire fifty pounds, to which His Majestys Council have concurred, and request your Excellencys assent thereto.

Rd CASWELL, Speaker.

Received from the Council the following Bills,

The Bill to ascertain Attornies fees.

The Additional Bill to an Act, Intitled an Act for defraying the contingent charges of Government, In the upper House read the third time and passed. Ordered to be engrossed.

The Bill for the more speedy recovery of all debts and demands under five pounds proc. money within this Province, In the upper House read the third time and passed. Ordered to be engrossed.

Mr John Campbell chairman of the Committee appointed to Enquire into the several facts charged against Mr Thomas Person, one of the members of the House, reported that the Committee had come to several Resolutions, which he was ready to present when the House would receive the same.

-------------------- page 449 --------------------

Resolved, the House receive the said Reports, and are as follows, to wit,

That your Committee have taken into consideration the several matters to them referred, and have strictly examined into the proofs relative to the same, and are of opinion there is not any one of the Charges or Allegations against the said Thomas Person in any manner supported; but on the contrary it does appear to your Committee, that the said Charges and Allegations were exhibited against the said Person through malice and envy, with design to injure the character and reputation of the said Thomas Person.

And this Committee further report, that Richard Henderson Esqr did appear before this Committee, and prosecuted the said charge against the said Thomas Person.

Received from the Council the Resolve of this House allowing Mr Southier fifty pounds, In the upper House concurred with.

J. HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing Mr Southier the sum of fifty pounds to which His Majestys Council have Concurred, and request your Excellencys assent thereto.

Rd CASWELL, Sp.

Ordered the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

In answer to your Message of the 17th instant relative to the Bill to direct sheriffs in levying executions &ca We agree to the amendments by you proposed, and send Mr Fanning and Mr Willie Jones to see the clause added to the Bill.

Rd CASWELL, Sp.

Recd from His Excellency the Governor the following Message,

-------------------- page 450 --------------------

Mr. Speaker and Gentlemen of the House of Assembly,

From the intelligences I have lately received from the settlement of the Insurgents, there are the strongest reasons to apprehend that they intend some further and speedy act of violence against the peace of the Province, Therefore finding by the law passed this Session for suppressing riots and tumults, that the drafts I may have occasion to make on the Treasury for carrying into execution the powers by that Act given me, are to be satisfied out of the contingent fund, I yesterday called upon the Treasurers to know what sum would remain in that fund after the expences of this Session are paid, and received for an answer that there would not be a penny. I am therefore in consequence of such deficiency, to apply to you to make such other provisions for an immediate supply of money, as may be necessary for answering the purposes of the aforementioned Act in case an emergency should make it necessary to call for it.

Wm. TRYON.

January 22d 1771.

Recd from His Excellency the Governor the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

I return you your Resolves for an allowance of Ten pounds to Simon Bright, and five pounds apiece to Mr Gibson and Mr Jones, all concurred with.

Wm. TRYON.

Received at the same time the two Resolves referred to in the above message.

Concurred with.

Wm. TRYON.

Received from the Council the Bill to direct the Sheriffs in levying executions, and the disposal of land, goods and chattles taken thereon, In the upper House read the third time and passed with amendments. Ordered to be engrossed.

Also the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

We observe on your third reading of the Bill for regulating the issuing of Marriage Licences, you have inserted a clause impowering Presbyterian Ministers to Marry without a Licence, which clause we can by no means agree to, and propose to dele the same. If you

-------------------- page 451 --------------------
consent to this amendment, please send two of your members to see it done, that the Bill may pass into a Law.

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 regulating the issuing of Marriage Licences, this House cannot agree to dele the clause you mention, and hope your Honors will pass the Bill as it went from us.

Rd CASWELL, Sp.

Received from the Council the following message,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the explanatory Bill relative to Clerks fees, we are of opinion in many instances that Clerks of the Superior Courts are not allowed fees adequate to the services they are obliged to perform, and therefore from a principle of Justice, We would propose the following amendments, Vizt,

In the clause giving a fee for continuances to dele the words after the second Court, and that the clause stand as follows, Vizt, “For the continuance or reference of every cause, including all fees for every service necessary thereon 4s, unless when an attachment or Pluries Writ is issued, in which case the Clerk is intitled to 2s. more, which shall include all services in swearing and entering the oaths of garnishees, and all rules, orders, and entries thereon.”

As it requires judgment and knowledge in the Law to draw up Records properly, the fee you have allowed the Superior Court Clerks is by no means adequate to that service. We would propose this fee to be made 10s. which sum in another clause in this Bill you have allowed for the same service to the Clerks of the Inferior Courts, and will make the Bill more consistent.

And as Commissioners under seal of office often issue for the examination of witnesses, which depositions are returned and filed as evidence in the cause, for which service there is no fee allowed to the Clerk; We would propose in the clause where a commission is directed to take the examination of a Feme Covert, to insert the words, “Or witnesses in any cause depending in a Superior Court.”

The fee by you set down for a special verdict demurer, &ca, is quite inadequate to the services the Clerk must perform.

-------------------- page 452 --------------------

We would propose to raise the fee to 8s.

We would also propose the tax of 20s. and 5s. on Law Suits be made payable on final judgment or determination of the cause, and that the Bill be altered to that purpose. To which amendment if you agree, please send two of your members to see the same done.

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 respecting the explanatory Bill relative to Clerks, we agree to the proposal you make to insert in the clause where a commission is directed to take the examination of a Feme Covert, the words, “Or witnesses in any cause depending in a Superior Court;” and send Mr Johnston and Mr Macknight to see the same inserted accordingly. The other amendments you propose we cannot agree to.

Rd CASWELL, Speaker.

On motion ordered the Bill to alter the method of working on the roads in the County therein mentioned be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Howe and Mr Gibson.

Recd from His Excellency the Governor the following Message,

Mr. Speaker and Gentlemen of the House of Assembly,

I return you your Resolve, allowing Mr Southier the sum of fifty pounds proc. money for the purpose mentioned therein, which I have concurred with.

Wm. TRYON.

Recd at the same time the Resolve of this House, allowing Mr Southier fifty pounds.

Concurred with

Wm. TRYON.

Recd from the Governor the Resolve of this House allowing Hon. Robert Palmer Esq fifty pounds.

Concurred with

Wm. TRYON.

Also the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

Your Resolve for allowing the Secretary of the Province fifty pounds for removing the Records belonging to his office from Wilmington to New Bern, I herewith return you.

Concurred with.

Wm. TRYON.
-------------------- page 453 --------------------

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday January 23d 1771.

The House met according to adjournment.

Mr C. Neale presented sundry certificates from the Court of Craven County, therein recommending Roger Squires, Thomas Whitford, Hugh Smith, Jacob Jones, Samuel Taylor, Daniel Cannady, Arthur Burn, Peter Duke, Abraham Branson, John McGraw, Andrew Gray, and James Lipsey, to be exempt from the payment of public taxes &ca.

Ordered they be exempt accordingly.

Mr Harnett from the Committee of Public Accounts, reported that the Northern Treasurer had paid into the Committee on account of the sinking fund, five thousand seven hundred and thirty pounds, eleven shillings and six pence, and the Treasurer of the Southern district the sum of nine thousand two hundred and ten pounds, nineteen shillings and eleven pence, on the same fund.

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

Gentlemen of His Majestys Honble Council.

The Chairman of the Committee of Public Accounts having reported the Northern Treasurer hath paid into the Committee, on account of the sinking fund five thousand seven hundred and thirty pounds eleven shillings and six pence, and the Treasurer of the Southern District the sum of nine thousand two hundred and ten pounds, nineteen shillings and eleven pence on the same fund,

This House have appointed a Committee of the whole House to see the said two sums, amounting in the whole to fourteen thousand nine hundred and forty one pounds eleven shillings and five pence, burnt at the House of Thomas Hawke, in New Bern, at 4 oClock this afternoon, in conjunction with such of your Honours as you shall think fit to appoint.

Rd CASWELL, Speaker.

Mr Harnett Chairman of the Committee of Propositions and Grievances, reported that it is the opinion of your Committee that John Litteral, Clerk of the Committee, be allowed ten pounds and that Thomas Sitgreaves be allowed twelve pounds for a room fire and candles, and other necessaries supplied your Committee to be paid out of the contingent fund.

-------------------- page 454 --------------------

Resolved, the House concur with the said Report.

Received from His Excellency the Governor the following message,

Mr. Speaker and Gentlemen of the House of Assembly,

I have received your message of the 19th signifying your desire that an embargo be laid on the exportation of Indian Corn, and have accordingly issued a proclamation prohibiting the same.

Wm. TRYON.

Recd from the Council the 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 and for taxing Law Suits, In the upper House, read the third time and passed with Amendments. Ordered to be engrossed.

Received from the Council the following Message,

Mr. Speaker and Gentlemen of the House of Assembly,

In answer to your Message relative to the burning of the money paid by the Treasurers to the Committee of Accounts on the sinking fund, We have appointed a Committee of the whole House to join yours, to see the same done at the place and time mentioned by you.

On motion ordered the Bill for the more easy and certain collection of His Majesty's Quit rents in this Province, be read the third time. Read the same a third time, and amended.

It was then moved the said Bill pass with the amendments, which being objected to the question was put, whether the Bill pass or not, and carried in the affirmative. Then on motion ordered the Yeas and Nays in the said question be entered on the Journal of this House, and are as follows, to wit,

Yeas—Messrs Thomas Relfe, Christr Neale, Montfort, James Bonner, Wynns, Knox, Cray, Macknight, Ward, Mackilwean, Jacob Blount, Hewes, Shepard, Benja Person, Johnston, Ormond, William Moore, Joseph Hewes, Harnett, Brownrigg, John Campbell, Howe, Lewis, Willie Jones, William Relfe, Jarvis, Herring, Woodhouse, Polk, Thomas Neill, Alexander, Thomson, Locke, White, Fanning and Gray.

Nays—Messrs Robinson, Lillington Lockhart, Bonner, Alston, Lane, Pryor, Gibson, McKinnie, Thos. Person, Latham Evans, Dickson,

-------------------- page 455 --------------------
John Rutherford, Slade, Skinner, Smith, Haywood, Sugg, Moses Hare, McSwain, Dunn, Smithwick, Merchant, Stewart, Farquard Campbell.

On motion ordered the Bill for granting a salary to the Chief Justice out of the contingent fund, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Johnston and Mr Fanning.

Then the House adjourned till 4 oClock in the afternoon.

P. M. The House met according to adjournment.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday January 24th 1771.

The House met according to adjournment.

Recd from the Council the following messages,

Mr. Speaker and Gentlemen of the Assembly,

We hope you will reconsider your Message on the Bill for Regulating the issuing of Marriage Licenses, and dele the last clause, it being foreign to the subject matter of that Bill. If you agree please send two of your members to see the same done.

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for the more easy and certain collection of his Majestys Quit Rents in this Province, We observe you have inserted in page 3 these words, “Or shall not pay down in Court all arrears of Quit rents, and all costs accrued thereon” which in our opinion defeats the intent of the Bill, and therefore propose to dele them. We would further propose that the Receiver General shall be obliged to appoint a Receiver to attend in each County for the receipt of Quit rents. If you agree to these amendments, please send two of your members to see the same done.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

Upon reading a third time the Bill for granting a salary to the Chief Justice, This House are of opinion not to recede from their amendments for allowing six hundred pounds a year and fifty pounds a Court; and therefore hope your House will concur with this, as

-------------------- page 456 --------------------
the difference in the two sums, though material to the Chief Justice, is not an object considerable enough to the public to prevent the passing so beneficial a Law.

This House do further propose to dele the temporary clause, because they can see no justice in substituting a temporary for a perpetual allowance which is now annexed to the office by the Bill of 1748.

And though it may be granted that the Chief Justice should at the expiration of three years have recourse to the fee Bill, yet he will be under the same disadvantage as when he first came into the Province; that is, It will be twelve to eighteen months before he can receive any reward for his services. If you agree to these amendments, please send two of your members to see them made.

Ordered the following Message be sent to the Council,

Gentlemen of His Majesty's Honble Council,

In answer to your message of this day, relative to the Bill for the more easy and certain collection of His Majesty's Quit rents, this House cannot agree to the amendments by you proposed and hope you will pass the Bill as it went from us.

Rd CASWELL, Speaker.

Recd from the Council the Resolve of this House for allowing John Litteral £10 and Thos Sitgreaves £12.

Concurred with

JAMES HASELL, P.C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing John Litteral the sum of ten pounds and Thomas Sitgreaves the sum of twelve pounds, to which His Majesty's Council have concurred and request your Excellency's assent thereto.

Rd CASWELL, Speaker.

Received from the Council the Bill to alter the method of working on the roads in the County therein mentioned, In the upper House read the third time and passed. Ordered to be engrossed.

-------------------- page 457 --------------------

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

Gentlemen of His Majestys Honble Council,

In answer to your message regarding the Bill for regulating the issuing of Marriage Licences, this House cannot agree to dele the clause by you proposed, therefore hope you will pass the Bill as it went from us.

Rd CASWELL, Sp.

On motion Ordered the following message be sent to his Excellency the Governor.

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

Sir,

This House having considered the line proposed to your Excellency by Lord Charles Greville Montagu, as the boundary line between North and South Carolina, find that if it be carried into execution it would highly injure this Colony, as it would deprive this Province of a great many useful Inhabitants by law and custom ingrafted into its constitution, counteract a number of its established Laws, and take from us a great tract of valuable land now possessed under Patents issued by His Majesty's Governors of North Carolina. It would also cut off all communication and commerce between the People of this country and the Western Indians, and leaving nothing but a tract of barren and impassable Mountains between them; defraud this Province of several thousand pounds, laid out in running the Western line, which would by this plan be taken into South Carolina.

We observe also that the plan is so erroneously laid down, that the person who drew it was either entirely ignorant of the Geography of the country, or intendedly imposed upon his Lordship; for the course of the South Branch of the Catawba River is no more than two or three points to the Westward of North, and the Branches thereof run far into Rowan County. In short, such numberless injuries, and such great Injustice, would accrue to this Country should this plan take place, that we cannot but be highly alarmed at the attempt, and think it our indispensible duty to take the most effectual means to prevent it. We therefore solicit your Excellency to undertake this important affair, and commit it entirely to your care, which in our opinion is filling the measure of that

-------------------- page 458 --------------------
duty. You sir, have a general knowledge of the situation of this Country from having seen almost every part of it, and cannot but be particularly acquainted with the circumstances, having with your usual care for the interest of this Province, in person superintended the running of the present temporary line. Upon you then, Sir, who from experience we know have both the inclination and capacity to serve us, We beg leave entirely to rely for preventing the execution of this pernicious plan, and for extending and fixing the equitable line already begun from the place where it terminated in 1764, till it intersect at right angles the line extended between the Western frontiers of this Province and the Cherokee Hunting Ground.

We take this opportunity to thank your Excellency for the care you have taken to suspend the execution of this plan, which would be so highly detrimental to this Province; and request you sir, to increase the obligation by representing this matter in its proper light to our most gracious Sovereign, and by exerting yourself intirely defeat its operation.

Rd. CASWELL, Sp.

Received from the Council the Bill for Ascertaining the boundary line between the County of Rowan and the Counties of Mecklenburg and Tryon, and for appointing Commissioners to run the same, In the upper House, read the third time and passed. Ordered to be engrossed.

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

Gentlemen of His Majestys Honble Council,

In answer to you Message of this day relative to the Bill before you for granting a salary to the Chief Justice, We concur with you in allowing six hundred pounds per annum and fifty pounds per Court, and send Mr Fanning and Mr Benja Person two of our Members to see the amendments made. This House cannot consent to dele the temporary clause, yet are sensible of the loss the Chief Justice may sustain in the receipt of fees, for a considerable time, should the Chief Justice's salary at the expiration of the time for which the Bill is found be discontinued, and be obliged to revert to the fee Bill passed in 1748, but this House are of opinion that the salary will hereafter be continued. Should the contrary happen, we doubt not but a suitable compensation will be made to prevent an injury by the temporary suspension proposed by the Bill before

-------------------- page 459 --------------------
your Honors With which confidence in the Justice of future Assemblies we are hopeful that the Bill pass, as being an exceedingly eligible temporary expedient to remove the prevailing prejudices of the inhabitants of this Colony against taxing of fees on Suits.

Rd CASWELL, Sp.

Received from the Council the following Message,

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time an additional Bill to an Act intitled an Act to regulate Elections &ca in the clause, relative to New Bern, we observe you have steted the following words deled by us, Vizt, “or such part of a lot adjoining the Rivers Neuse and Trent, on some one of the streets in the said Town,” and propose to have it deled. To which if you agree please send some of your Members to see it done.

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 regarding an additional Bill to an Act, Intitled an Act to regulate Elections &ca this House agree to dele the words proposed by you, and send Mr Jacob Blount and Mr C. Neale to see the same done.

Rd CASWELL, Sp.

Received from the Council the Bill for granting a salary to the Chief Justice out of the contingent fund, In the upper House read the third time and passed, with amendments. Ordered to be engrossed.

Resolved, That for the future Treasurers of the Northern and Southern Districts reduce all the accounts of the separate funds or taxes now open in their Books into two, to wit, the contingent fund and the sinking fund.

Resolved, That the Treasurers shall each of them keep a fair Journal of all the monies received and paid by them on account of the Public, containing the date, parties' names paying, and for what year paid; and shall enter therein an account of the list of taxables, supernumeraries and insolvents, in each County, and the commission allowed to each collector of the public Revenues on the monies paid by him.

-------------------- page 460 --------------------

Resolved, That the Treasurer shall produce at each session of the Assembly an Account of all the monies by him received and paid away, together with the vouchers thereof; and also an account of all monies which ought to have been paid by the collectors of the Public Revenues, and a list of the Persons from whom any money is due to the Public, with an account of the manner by which it came due.

Resolved, That a clerk shall be appointed to make a fair copy of the said Journal kept by the Treasurer, and from thence make a ledger, in which he shall raise and keep an Account of every collector of Public Revenue, an Account of each fund, and cash account, in which shall be entered all the monies received and paid, which Ledger shall be opened for the inspection of every Member of Assembly, during each Session.

Resolved, That James Green Junr be appointed clerk to keep the said Books, and that he shall begin with the Accounts now returned by the Treasurers, making from thence a Journal and Ledger with the accounts, as above directed.

Resolved, That the Clerk of this Assembly shall enter on the Journals of each session a list of all certificates of allowances and claims by him made out at the end of each Session.

Resolved, That the Treasurers in their Respective Districts are hereby impowered to purchase at any vendue had on Account of Judgments obtained by the Public, such goods, chattels, lands and tenements, as they may think proper, and take such deeds, or other conveyances as the nature of the purchase may require, in behalf of, and for use of the Public; and such deeds or other conveyances shall be received from the Treasurers, in Lieu of the purchase money, on the settlement of their accounts with the Public.

The Treasurer of the Northern District having informed the House that he purchased several tracts of land, late the property of James Johnston, Sheriff of Tyrril, on Account of a debt due from the said Johnston to the Public,

Resolved, That the said Treasurer shall sell the said lands at Public Sale, after having given two months notice thereof in the Public Gazette, to the highest bidder, on two years credit, taking bond and security for the purchase money, in behalf of the Public, and the said bond or Bonds to carry interest from the day of sale.

Mr Rutherford presented the Petitions with affidavit annexed, of Hugh Beaty and David Brown of Rowan County, setting forth that

-------------------- page 461 --------------------
in the year 1770, the former lost fifteen pounds and the latter one pound five shillings in proclamation money which was consumed by fire, praying relief, &ca.

On motion Resolved, That Hugh Beaty be allowed fifteen pounds and David Brown one pound and five shillings out of the sinking fund, it being made appear to this House, that the said Beaty and Brown lost proclamation money, to that amount by fire, which was entirely destroyed; and that the Treasurers or one of them pay the same, and be allowed in their Accounts with the Public.

Then the House adjourned till 10 oClock tomorrow morning.


Friday January 25th 1771.

The House met according to adjournment.

On motion ordered the Clerk furnish the printer with a copy of the reports of the Committee appointed to examine into the Allegations charged against Mr Thomas Person, one of the Members of this House, and that the same be printed in the Public Gazette.

Col. Edmund Fanning, a Member of this House, having been charged in the Public papers, with many things injurious to his character, both as a Representative of the People, and as a member of the community; and besides these circumstances of common fame, having had many accusations and complaints exhibited against him to this Assembly, The House proceeded to inquire into the facts laid to his charge; and after the strictest examination, find the several accusations against him to be false, wretched and malicious, arising from the malevolence of a set of Insurgents who style themselves Regulators, who in defiance of the dictates of humanity, and of the Laws of their Country, have atrociously injured him in his person, property and character.

The House therefore in common justice Resolve Nem Con, That the aspersions thrown upon the character of the said Col. Edmund Fanning are groundless, base and scandalous, and that as far as anything has appeared to this House his conduct has been fair, just and honorable both as a Member of this House in particular, and of the community in general.

John Burgwin Esquire having in pursuance of a Resolve of last Session of the Assembly of this Colony at a great expence and trouble in sending of Expresses to different parts of this Government and collecting of a complete list of Taxables from the different Counties of this Province down to the present time and other papers,

-------------------- page 462 --------------------
public transcripts and vouchers specifying the delinquent sheriffs and their securities and other public collectors and defaulters of unaccounted monies, and with unwearied application, great skill and much accuracy and exactness exhibited to this House a methodical regular and plain state of the Public Accounts of this Province so far as relates to the collection of Taxes in the Southern District, and the duty on spirituous liquors imported into the several Ports within this Province, and he having engaged to go to Halifax and to continue his pursuit in making a similar state of the Taxes collected or which ought to have been collected by the several Sheriffs of the respective Counties in the Northern District and to have the same published under his particular direction and inspection, and copies thereof transmitted to the different Counties in this Province,

Resolved, that for such the said John Burgwin's great trouble and expences and singular services thereby rendered the public, He be allowed out of the Public Treasury of this Province three hundred pounds.

Resolved, that all real future necessary expences that may be incurred in printing and publishing six hundred copies of the state of the public accounts and the different Funds shall be allowed to him as a Claim on the Public.

Recd from the Council an additional Bill to an Act, Intitled an Act to regulate Elections &ca, In the upper House read the third time and passed with amendments.

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

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

Sir,

The exhausted state of the public funds, and the great demand upon the Treasury for money to answer the pressing exigencies of Government, is a circumstance of much concern to this House, especially, as after the most mature deliberations, no possible means of relief have occurred to us, unless we could obtain a repeal of the act of Parliament preventing the issuing paper Bills of Credit as a Legal tender; and as this is a matter we have very much at heart, we beg leave, as the most effectual means to obtain it, to solicit your Excellency to use your efforts in our behalf by imploring our most

-------------------- page 463 --------------------
gracious Sovereign to recommend to his Parliament a repeal of that Act, as far it relates to this Colony; which if your Excellency should happily obtain for us, we intreat you to take the affair under your direction in the same manner you kindly intended to do, in consequence of a petition to His Majesty in a former Session of Assembly.

R. CASWELL, Speaker.

Mr Macknight moved for leave to present a Bill for securing and preserving the titles of the freeholders in this Province.

Ordered he have leave accordingly.

Mr Macknight 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 Macknight and Mr Jarvis.

Mr Rutherford moved for leave to present a Bill for dividing the North part of Rowan County, and erecting a new County and Parish, by the name of Surry County and St Judes Parish.

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 Gray.

Recd from the Council the Resolve of this House for allowing the sum of fifteen pounds to Hugh Beaty, and the sum of one pound five shillings to David Brown.

Concurred with

JAMES HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House allowing Hugh Beaty fifteen pounds and David Brown the sum of one pound and five shillings, to which His Majesty's Council have concurred and request your Excellency's assent thereto.

Rd CASWELL, Speaker.

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

-------------------- page 464 --------------------

Gentlemen of His Majestys Honble Council,

We herewith send a Resolve of this House for allowing John Burgwin Esqr the sum of three hundred pounds, and desire your Honors concurrence thereto.

Rd CASWELL, Speaker.

Recd from the Council the following Bills,

The Bill for dividing the Northern part of Rowan County and erecting a new County and Parish, by the name of Surry County and St Judes Parish.

The Bill for preserving and securing the titles of freeholders of this Province, In the upper House read the first time and passed.

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

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

Sir,

This House have taken into consideration your Excellencys message relative to the purchase of some lands for the use of the Palace, and are sorry to inform your Excellency, that the present exhausted state of the public funds renders the Country incapable of making such a purchase; at the same time we cannot but express our concern that we have it not in our power to comply with that proposal.

Rd CASWELL, Speaker.

On motion ordered the Bill for preserving and securing the Titles of the Freeholders in 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 Macknight and Mr Jarvis.

On motion ordered the Bill for dividing the Northern part of Rowan County, and erecting a new County and Parish by the name of Surry County and St Judes Parish be read the second time. Read the same a second time, amended, passed and ordered to be sent to to the Council.

Sent by Mr Knox and Mr Locke.

Mr Knox moved for leave to present a Bill for authorizing Presbyterian Ministers regularly called to any congregation within this

-------------------- page 465 --------------------
Province, to solemnize the rites of matrimony, under certain regulations therein mentioned.

Ordered he have leave accordingly.

Mr Knox 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 Locke.

Mr Knox moved for leave to present a Bill to regulate the issuing of marriage licenses.

Ordered he have leave accordingly.

Mr Knox 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 Locke.

Received from the Council the Bill for preserving and securing the titles of the freeholders in this Province, In the upper House read the second time and passed.

On motion ordered the Bill for preserving and securing the titles of the freeholders in this Province, be read a third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Howe and Mr Macknight.

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

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

Sir,

This House upon consideration of your Excellency's Message, relative to the inhabitants of St Lukes Parish, think it most expedient to delay the determination upon it till the next Session of Assembly.

Rd CASWELL, Speaker.

Sent by Mr Rutherford and Mr Locke.

Resolved, That His Excellency's Message, and papers therein referred to, lie over till the next Session of Assembly.

Received from the Council the following Bills,

The Bill for preserving and securing the titles of the freeholders in this Province, In the upper House read the third time and passed. Ordered to be engrossed.

-------------------- page 466 --------------------

The Bill for authorizing Presbyterian Ministers regularly called to any congregation within this Province to solemnize the rites of Matrimony under the regulations therein mentioned.

The Bill to regulate the issuing of Marriage Licenses, In the upper House read the first time and passed.

The Bill for dividing the northern part of Rowan County, and erecting a new County and Parish by the name of Surry County and St Judes Parish, In the upper House read the second time and passed.

On motion ordered the Bill for authorizing Presbyterian Ministers regularly called to any congregation within this Province to solemnize the rites of Matrimony under the regulations therein mentioned, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Lewis and Mr Slade.

On motion ordered the Bill to regulate the issuing of Marriage Licences, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Macknight.

On motion ordered the Bill for dividing the Northern part of Rowan County, and erecting a New County and Parish by the name of Surry County and St Judes Parish, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Locke.

Recd from the Council the Bill to regulate the issuing of Marriage licences.

The Bill for authorizing Presbyterian Ministers, regularly called to any congregation within this Province, to solemnize the rites of Matrimony under the regulations therein mentioned, In the upper House read the second time and passed.

On motion ordered the Bill for authorizing Presbyterian Ministers regularly called to any congregation within this Province to solemnize the rites of matrimony, under the regulations therein mentioned, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Knox and Mr Alexander.

On motion ordered the Bill to regulate the issuing of marriage licences, be read the third time. Read the same a third time, passed, and ordered to be sent to the Council.

-------------------- page 467 --------------------

Sent by Mr Skinner and Mr Hare.

Recd from the Council the Bill for dividing the northern part of Rowan County, and erecting a new County and Parish by the name of Surry County and St Judes Parish, In the upper House read the third time and passed. Ordered to be engrossed.

Recd from the Council the Resolve of this House allowing John Burgwin three hundred pounds.

Concurred with.

J. HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing John Burgwin three hundred pounds, to which His Majesty's Council have concurred, and request your Excellency's assent thereto.

Rd CASWELL, Sp.

Recd from the Council the following Bills,

The Bill to regulate the issuing of marriage licences.

The Bill to authorize Presbyterian Ministers, regularly called to any congregation within this Province, to solemnize the rites of matrimony under the regulations therein mentioned, In the upper House read the third time and passed. Ordered to be engrossed.

Received from His Excellency the Governor the Resolve of this House allowing Hugh Beaty, fifteen pounds, and David Brown one pound five shillings.

Wm. TRYON.

On motion Resolved that Richard Henderson Esquire who appeared as prosecutor of the several charges and allegations against Thomas Person, one of the Members of this House, pay to the officers and witnesses the following allowances, to wit:

£
s.
d.
To Memucan Hunt, Sergeant at Arms
19
10
0
To Zachariah Bullock, do do
19
10
0
To William Moore a witness
3
15
0
To James Hester do
4
10
0
To Robert Lewis do
4
10
0
-------------------- page 468 --------------------
To William Johnston a witness
3
15
0
To Enoch Brady do
5
0
0
To Jno Willingham do
4
0
0
To Joseph Glover do
4
0
0
To David Mitchel do
4
0
0
To John Pain do
5
0
0
To Jno Williams (son of Daniel)
4
0
0
To Harris Gilliam do
4
0
0
To William Potter do
4
0
0
To James Yancey do
4
10
0
To William Bullock do
4
0
0
To Pinketheman Hawking a witness
3
15
0
To Philemon Hawkins a witness
3
15
0
To Leonard Henley Bullock a witness
4
0
0
To Reuben Seary a witness
4
0
0
To Nathaniel Henderson a witness
3
15
0

And if the said Richard Henderson shall fail to comply with this Resolve, he shall be subject to the highest censure this House can inflict on him.

On motion Resolved, that the foregoing Resolution be printed in the Public Gazette of this Province.

Recd from His Excellency the Governor the following Messages,

Mr Speaker and Gentlemen of the House of Assembly,

I have received your Message of yesterday, signifying your desire, that I would endeavour to prevent a divisional line taking effect, proposed by Lord Charles Greville Montagu to be run between North and South Carolina.

This service I shall with pleasure undertake and on my return to England urge the necessity of carrying into execution the line you approve of, Judging with you that the interest of this Colony is much concerned in the event, and must be greatly injured if the partition proposed by Lord Charles be established.

Wm. TRYON.

January 25th 1771.
Mr. Speaker and Gentlemen of the House of Assembly,

I send you herewith an extract of a letter from Sir William Johnston to His Majesty's Secretary of State, and also an extract

-------------------- page 469 --------------------
of a conference held by Sir William Johnston with the Six Nations, their Allies and Confederates, at the German Flats last July. These will fully inform you of the complaints made by the Indians of the abuses and violences committed by the Traders and Frontier Inhabitants of some of His Majesty's American Colonies, and will likewise point out to you how earnest the Indians have been in these complaints, and what is likely to happen if they are not redressed.

In consequence of which I have it in command from the King to represent this matter in the strongest manner to your serious consideration; I therefore earnestly request you will fall on some means of putting Indian affairs especially of those on the border of this Province under such regulations as may have the effect to prevent those abuses of the traders, and those violences and encroachments of the Frontier Inhabitants, which is so much complained of by the Indians.

Wm. TRYON.

Recd at the same time the letter, and extract of the conference referred to, in his Excellency's message,

Mr Speaker and Gentlemen of the House of Assembly,

I have been informed by the Gentlemen of the Council that the Bill you framed for regulating the issuing of marriage Licences, and providing for the effectual receipt of the fees due to the Governor has been rejected in their House on account of a particular clause contained therein, granting certain priviledges to the Presbyterians; Immunities which I acquainted the Gentlemen of that Persuasion, now in your House, on their application to me on that subject at the opening of the Session, that it was not in my power to grant them, without his Majesty's pleasure being first had thereon; but candidly, and I think honorably pointed out to them the most likely means to obtain their desires. Under these considerations, and in justice to myself and successors in office, I entertain a very equitable and reasonable wish, and again request, that you will provide by a Law for the redress of the many frauds and abuses, I experience (as set forth in my former message) from exceptions, which by His Majesty's instructions I am forbid to comply with.

Wm. TRYON.

January 25th 1771.
-------------------- page 470 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

Your Resolve for allowing John Litteral the sum of ten pounds and Thomas Sitgreaves the sum of twelve pounds I herewith return you concurred with.

Wm. TRYON.

Recd at the same time the Resolve referred to in the above Message.

Concurred with. Endorsed.

Wm. TRYON.

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

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

Sir,

This House have taken under consideration your Excellency's Message, informing them of the conference had by Sir William Johnston with the six nations of Indians their Allies and confederates as communicated to your Excellency by His Majesty's Secretary of State, and in answer thereto, can only say, that the members of this House are not sensible that abuses and complaints suggested by the said Indians can be justly chargeable on any Inhabitants of this Colony, there not being any Indian Traders in this Government, and the Inhabitants having but very little communication with the Indians: But should any such accusations or complaints, at any future Session, be alleged against the Inhabitants of this Province in particular, the Members of this House assure your Excellency, that they will make the strictest enquiry into them, and take the earliest and most effectual measures to correct the abuses, redress the injuries, and prevent any subsequent complaints against the Inhabitants of this Colony.

Rd CASWELL, Speaker.

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

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

Sir,

The supply of ammunition voted by this House was intended for His Majesty's service in the defence of this Province and the

-------------------- page 471 --------------------
House do not intend to abridge any power of the Crown by anything omitted, or by anything inserted in the Resolve relative thereto, and would readily have made an alteration that would have been agreeable to your Excellency, but as the Resolve has been concurred with by His Majestys Honble Council it is now out of their power, and as the measure is so necessary, we hope your Excellency will dispence with any unintended impropriety in the mode of the Resolve, and give your assent thereto.

Rd CASWELL, Speaker.

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

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

Sir,

This House having expelled Mr Herman Husband who was one of the members of Orange County, therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ for electing a member for the County of Orange to sit and vote in this present Assembly in the room and stead of said Herman Husband.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday January 26th 1771.

The House met according to adjournment.

Recd from His Excellency the Governor the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

In answer to your message of yesterday I am to assure you, I shall with much cheerfulness urge the necessity of obtaining a repeal of the Act of Parliament restricting the issuing of paper currency, so far as it relates to this Country, and endeavour to obtain His Majestys consent to a measure which I think calculated so much to give relief to the Inhabitants of this Province in its present circumstances. Should I be so happy as to succeed in this I will also comply with the other part of your message, in procuring proper plates, and other materials necessary for the emission of the currency. I should however wish to be informed by you if I may with confidence assure His Majesty, that upon the Royal Grant to your Address for an

-------------------- page 472 --------------------
emission of currency, you will call into the Treasury and destroy all the outstanding proc. money, and Debenture Bills with so much of the new emission, as such an Assurance I conceive might facilitate your expectations, and remove the evils subsisting from the great quantity of counterfeit money now in circulation.


January 26th 1771.
Wm. TRYON.

Recd from His Excellency the Governer the following message,

Mr. Speaker and Gentlemen of the House of Assembly,

I send herewith a general State of the Money I have taken up and disbursed on Account of erecting the Palace. The Books, Vouchers and particular Accounts relating to the same, are in the possession of Mr Hawks, ready for your Inspection, whenever you choose to call for them.


January 26th 1771.
Wm. TRYON.

Mr. Speaker and Gentlemen of the House of Assembly,

I return you your Resolve for allowing John Burgwin Esquire three hundred pounds, for stating the public Accounts.

Concurred with.

Wm. TRYON.

Mr. Speaker and Gentlemen of the House of Assembly,

I send you His Majesty's most gracious Speech to both Houses of Parliament on the 13th of November last. You will collect from the tenor and firmness of this Speech, that the issue of the apprehension of a War is yet doubtful; however by my public dispatches received since the opening of this Session, I am assured there of good grounds to hope the event will correspond with His Majestys uniform wishes, to preserve the public tranquility; but lest the contrary should be the case, you cannot be too early in your consideration of what may be necessary for the protection and defence of this Province. On the part of the Crown, I am assured that the possessions in America will be a principal object of His Majestys care and attention.

Wm. TRYON.

January 26th 1771.

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

-------------------- page 473 --------------------

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

Sir,

This House are truly sensible of the evils subsisting from a large quantity of counterfeit money now in circulation in this Province, and conceive the calling into the public Treasury all the outstanding proclamation money and Debenture Bills, in order to the destroying the same, as the only effectual measure to remove a circumstance so injurious to individuals, and destructive of public Credit; and there is not anything of which your Excellency may rest with greater certainty and assurance that it will be entirely agreeable to the warmest wishes of the present, and we with the strongest reasons believe any future House of Assembly, to have an opportunity of preventing the complicating ills that must attend the continued circulation of the present proclamation money and Debenture Bills.

This House cannot here omit so favourable an occasion of making our sincere and grateful acknowledgments, for the obliging assurances given this House in your Excellency's answer, if your cheerfulness to urge the propriety of obtaining a repeal of the Parliamentary Restrictions against the issuing of a Paper currency, so far as it relates to this Country, and the Ardor of our zeal for the public good, we hope will be thought a sufficient inducement with your Excellency, to pardon the again repeating our solicitations for the obtaining of the parliamentary Licence and permission so earnestly desired by the Inhabitants of this Country.

Rd CASWELL, Speaker.

Mr Harnett, Chairman of the Committee of Accounts, reported that they had stated and audited the public Accounts of this Province, which he laid before the House.

Ordered the said reports be read. Read the same and concurred with.

Ordered they be sent to the Council for concurrence.

Sent by Mr Hewes and Mr Macknight.

Recd from His Excellency the following Messages,

Mr Speaker and Gentlemen of the Assembly,

I have received your Message respecting a Writ to be issued for Electing a Member for Orange County in the room of Herman Husband,

-------------------- page 474 --------------------
expelled, and shall give directions to the Clerk of the Crown to make out the same.

Wm. TRYON.

January 21st 1771.

Mr. Speaker and Gentlemen of the House of Assembly,

The assurances you give me in your Message to-day, in Answer to mine, respecting your supply for ammunition, is so satisfactory that I am induced to concur with your Resolve, herewith transmitted, in confidence that it will not be made a precedent hereafter.


January 26th 1771.
Wm. TRYON.

Recd from the Council the reports of the claims, the Reports of the Committee of Accounts, and also the Estimate of allowances made by this House, and likewise the estimate of allowances made by the Council.

Concurred with.

JAMES HASELL, P. C.

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

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

Sir,

We have received your Excellency's Message with the General estimate of the Money taken up and disbursed on account of erecting the Palace, and informing us that the Books, Vouchers and particular Acts relating to the same are in the hands of Mr Hawks, but for want of time must defer the inspection of them till next Session of Assembly.

Rd CASWELL, Sp.

Also the following Message,

His Excellency William Tryon, Esquire, Governor, &ca,

Sir,

We thank your Excellency for communicating to us His Majesty's most gracious Speech to both Houses of Parliament. We hope that the preparation so wisely made by His Majesty to be ready for War, and his endeavors at the same time to preserve the public tranquility, will have such an effect upon the Court of Spain as to induce a redress of those injuries done to the honor and interest of

-------------------- page 475 --------------------
Great Britain. In firm hope of this, we must rely on the provision already made, till we know with more certainty what will be the event, and should that be contrary to our wishes, your Excellency may be assured we shall be ready to exert ourselves in support of the common cause, as in all proper provision for the defence of this Colony.

Rd CASWELL, Speaker.

On motion, Resolved that Rober Howe be allowed eighty pounds for a negro man condemned and executed for murder, and appraised according to law.

On motion ordered the following message be sent to His Majesty's Council,

Gentlemen of His Majestys Honble Council,

This House have entered into a Resolve relative to a negro belonging to Mr Robert Howe condemned and executed for murder, which they herewith send and to which we desire your Honors Concurrence.

Rd CASWELL, Sp.

Resolved that Griffith Rutherford be allowed six pounds four shillings and six pence being in Lieu of so much paid into the Committee of Accounts by mistake, and by them burnt.

On motion ordered the following Message be sent to His Majesty's Council,

Gentlemen of His Majestys Honble Council,

We herewith send your Honors a Resolve of this House for allowing Griffith Rutherford six pounds four shillings and six pence to be paid out of the sinking fund, which sum was by mistake paid into the Committee of Accounts and burnt.

Rd CASWELL, Speaker.

Sent by Mr Howe and Mr Brownrigg.

Received from the Council the above Resolves for allowing Mr Robert Howe eighty pounds and Mr Griffith Rutherford six pounds four shillings and six pence, In the upper House, concurred with.

JAMES HASELL, P. C.

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

-------------------- page 476 --------------------

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

Sir,

This House send your Excellency the Resolve of this House for allowing Mr Robert Howe, eighty pounds for a negro man, condemned and executed for murder; and also a Resolve, for allowing Mr Griffith Rutherford the sum of six pounds four shillings and six pence to be paid out of the sinking fund, and desire your Excellency's Assent.

Rd CASWELL, Speaker.

Sent by Mr Howe and Mr Ormond.

Recd from His Excellency the Governor the Resolve for allowing Robert Howe Esqr eighty pounds and Mr Griffith Rutherford the sum of six pounds five shillings and six pence, both

Concurred with

Wm. TRYON.

Also the following Message,

Mr Speaker and Gentlemen of the House of Assembly

I return you your Resolve, one for allowing Robert Howe Esqr eighty pounds proc. for a negro man executed for felony; the other for allowing Mr Griffith Rutherford six pounds five shillings and six pence for the purpose mentioned therein.

Wm. TRYON.

On motion Resolved that His Excellency's Message, with the papers therein mentioned relative to the claim of the Pitt Regiment, lie for consideration till the next Session of Assembly; and that the following message be sent to his Excellency, Vizt,

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

Sir,

The members of this House not being fully satisfied in some circumstances relative to the claim of the Pitt Regiment, delay any determination thereof till the next Session of Assembly; when we will fully examine into that affair, and if convinced of the propriety of the claim will make provision accordingly.

Rd CASWELL, Speaker.

Sent by Major Evans and Mr Hare.

-------------------- page 477 --------------------

On motion ordered that the Clerk of the Assembly furnish the Printer of this Province with the Resolve of this House relative to Colo Edmund Fanning, that the unanimous sense of the representatives of the Freeholders of this Country may be made public, and the reparation thereby intended to injured merit and real worth as extensive as possible.

Recd from His Excellency the Governor a verbal message requiring the immediate attendance of the House in the Palace. Mr Speaker with the House waited on His Excellency the Governor at the palace and Mr Speaker presented him with a number of Bills, to wit,

The Bill to enlarge the time for several Sheriffs to settle their accounts with the Justices of the Inferior Courts of pleas and quarter Sessions of the Counties therein mentioned.

A Bill for erecting a new County between the Towns of Salisbury and Hillsborough, by taking part of the Counties of Rowan and Orange.

The 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, decd on the West side of the Northwest branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton.

The Bill to amend and continue an Act for facilitating the navigation of Port Bath, Port Roanoke and Port Beaufort.

The Bill for vesting the school house in Edenton in Trustees.

The 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.

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

The Bill for the more easy and advantageous manner of obtaining partitions of Land in Coparcenary joint tenancy and tenancy in common,

The Bill to amend an Act Intitled an Act to impower the Inferior Courts of the several Counties in this Province, to order the laying out of public roads, and to establish and settle ferries, and to appoint where bridges shall be built for the use and ease of the inhabitants of this Province, and to clear navigable Rivers and Creeks.

The Bill to prevent the unreasonable destruction of fish in the Rivers Roanoke and Dan and other water courses therein mentioned.

-------------------- page 478 --------------------

The Bill for obtaining a true and distinct list of taxable persons in the Town of New Bern and to impower the Sheriff to collect the town taxes due from the inhabitants of the said Town.

The Bill for appointing Trustees in the room and place of those heretofore appointed by an Act of Assembly passed in the year 1768, intitled an Act for building a public gaol and gaolers house, for the district of New Bern in the Town of New Bern.

The Bill for further continuing an Act for the restraint of vagrants and for making provision for the poor and other purposes.

The Bill to encourage and support the establishment of a post office in this Province.

The Bill for establishing a new county between Campbelton and Hillsborough by taking the southern part of the inhabitants of Orange County, and by erecting the same into a distinct County by the name of Chatham and Saint Bartholomew Parish.

The Additional Bill to an Act, Intitled an Act for defraying the contingent charges of Government.

The Bill to ascertain Attornies fees.

The Bill to direct Sheriffs in levying executions and the disposal of lands, goods and chattles taken thereon.

The Bill for granting the Chief Justice a salary out of the contingent fund.

The additional and explanatory Bill to an Act for regulating the several officers fees within this Province, and ascertaining the method of paying the same and for taxing Law suits.

The Bill for the better settling, regulating and improving the Town of Beaufort in the County of Carteret and for annexing Ocacock Inlet to the said County.

The Bill for ascertaining the boundary line between the County of Rowan and the Counties of Mecklenburg and Tryon, and for appointing Commissioners to run the same.

The Bill to prevent card playing and other deceitful gaming.

The Bill to alter the method of working on the roads in the Counties therein mentioned.

The Bill for the more speedy recovery of all debts and demands under five pounds proc. money within this Province.

The Bill to indemnify the several Sheriffs who have not collected the 1s. tax p. poll for sinking the £12,000, granted in the year 1760, and the tax of 2s. p. poll for sinking the £20,000, granted in the year 1761, and to direct such Sheriffs who have received the said taxes to

-------------------- page 479a --------------------
RULES TO BE OBSERVED IN THE HOUSE OF ASSEMBLY,

First, When Mr President has taken his seat, each member shall according to his Seniority sit down in his place and attend to such matters as may be before the House.

2dly All Motions and Debates shall be addressed to the House.

3dly No member shall be allowed to Debate any matter or move anything in the House sitting.

4thly No Member shall be allowed to speak whisper or otherwise interrupt a Member who is speaking or the attention of the House.

5thly On any motion being made and carried for putting the question on any Bill or other matter, Mr President shall immediately proceed to put the question and collect the suffrages of the House beginning with the Junior Members.

6thly No Member shall receive from the lower House any Bill, Bills, or Message out of the upper House.

7thly No original Bill or other paper shall be taken or given out of the Clerks Office by or to any person whatsoever unless it be by consent of the House.

8thly That when Mr President shall argue on any Bill or other matter, he shall address the House standing.


May Session 1760.

Resolved, That the sum of five pounds proclamation money be paid to the President of this House for the time being on each private Bill, the one Moiety or half of which sum shall be paid at the bringing in of each Bill, and the other half at the passing of the same by this House and the Assembly.


June 1760.

Resolved, That the sum of fifty shillings proc. money be paid to the Clerk of this House for the time being, on each private Bill, one half of which to be paid before the first reading and the other half to be paid at or before the passing of the same.

In Nov. Session 1762, a dispute arising about what were private Bills such as intitle the president and Clerks to Fees, the following entry was made &ca Vizt,


November Session 1762.

Whereas it is the undoubted right of the President and Clerk of this House to receive certain Fees already ascertained on all private

-------------------- page 479b --------------------
Bills.—It is therefore Resolved, That Bills of the following nature be deemed private Bills, to wit,

All Bills whereby any person, persons or Company shall or may receive any private benefit or advantage.

All Bills whereby any particular County, Town, Corporation, or any settlement in any County shall or may thereby receive any private benefit or advantage,

And no other Bills whatsoever shall be deemed private,

And it is further Resolved,

That when any private Enacting Clause shall be inserted in any Bill the same fees and perquisites shall be paid the President and Clerks of this House as for any private Bill and under the same rules as heretofore Resolved by this House. And on refusal of the payment of the fees and perquisites aforesaid on any Bill or Bills, the said Bill or Bills shall be ordered to lie on the Table till the same is paid.

Ordered that the foregoing Resolves be the standing Orders of this House.


January Session 1771.

On motion the House taking under consideration the former rules and orders of this House relative to private Bills,

Do Now Order and Resolve, That all Bills establishing or dividing of Counties or Parishes, Building of Churches, appointing of Vestries, Building of Court Houses or Gaols, making or altering of Roads when no particular person or persons are benefitted shall not be deemed private Bills so as to entitle the President or Clerks to take fees thereon.

-------------------- page 479 --------------------

refund the same to the people from whom they received the said taxes.

The Bill for preserving and securing the titles of the freeholders in this Province.

The Bill for dividing the Northern part of Rowan County and erecting a new County and Parish by the name of Surry County and St Jude's Parish.

The Bill for authorizing Presbyterian Ministers regularly called to any congregation within this Province to solemnize the rites of Matrimony under the regulations therein mentioned.

The Bill for regulating the issuing of Marriage Licenses.

The additional Bill to an Act to regulate elections for Members to serve in the General Assembly, and to ascertain who shall be qualified to vote at the said Elections, or to be Elected a member of the General Assembly, and to direct the method to be observed in taking the poll &ca,

To which said Bills His Excellency was pleased to give his assent Except—

The 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 of the Northwest branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton.

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

The Bill for securing the titles of freeholders in this Province, and

The Bill in addition to an Act to regulate the elections for Members to serve in the General Assembly, and to ascertain who shall be qualified to vote at the said Election, or to be elected a Member of the General Assembly, and to direct the method to be observed in taking the poll &ca.

Which His Excellency thought proper to reject, and they were rejected accordingly.