The Governor laid before the Board a letter he had intercepted of Rednap Howells to James Hunter dated from Halifax 16th February last and ordered the same to be read and inserted in the Journals—Read the said letter which is as follows,
Halifax Feb. 16th 1771.
On my setting out for Hallifax my horse fell sick which detained me some time so that on my arrival here I had certain informationREDNAP HOWELL.
His Excellency judging the contents of the above letter a plain declaration of the principles of the Regulators and observing that their wicked [designs] were daily taking deeper root in the Province thinks it expedient if with the advice of the Council to raise as soon as the necessary preparations could be made a sufficient body of forces from several Regiments of Militia and to March with them into the settlements of the Insurgents and reduce them by force to an obedience to the Laws of their Country. That while the forces are in their settlements to support the Sheriff in the levying the taxes due from those people; to protect the Election of a new member for Orange County in the room of Herman Husband expelled and to aid the Commissioners in running the dividing line between Orange and and Guilford Countys; none of which Acts of Government can be carried into execution unless strengthened with a military force.
The Regulators making publick declarations they will pay no regard to the Laws passed last Session, as is certified and particularly set forth by the Association signed and presentment made by the grand jury assembled the 11th Instant, in this Town (under a commission of special Court of Oyer and Terminer) for receiving Indictments against the Insurgents and who have actually found sixty one Bills against these people—The Governor therefore upon these considerations desired the opinion and advice of the Board respecting the propriety of his Intentions to raise the Militia forces for the protection of Government.
The Board taking the same into their serious consideration, It is their unanimous opinion that the most effectual measures to reduce the people calling themselves Regulators be pursued by raising a body of sufficient forces from the Militia and marching against them with all expedition.
Mr Maurice Moore and Mr Henderson Associate Judges desired to wait on the Government in Council and delivered in at the Table the following letter relative to the opinion of Council of the 27th of February last—Vizt,
Your Excellency having signified to us your opinion, that it is expedient that the Chief Justice, Associate Justices and Attorney General should attend the ensuing Superior Court at Hillsborough, We do acquaint Your Excellency that we have conferred together upon the subject, and considering the violences committed there the(Signed)M. HOWARD, C. J.M. MOORE.R. HENDERSON.His Excellency Governor Tryon.
March 18th 1771, New Bern.
His Excellency then desired the opinion of the Board whether the reasons set forth in the foregoing letter are sufficient for the Judges not giving their attendance at the next Hillsborough Court. It is the opinion of the Board that the reasons are sufficient.
His Excellency laid before the Board the following letter of Mr Henderson and desired their opinion thereon.
New Bern 18th March 1771.
Whereas there are sundry Persons in Granville County who have been charged with the crime of making, uttering and passing counterfeit proclamation money and public bills of Credit of this Province and in particular one Robert Pryor and William Wharton are now actually under recognizance for their appearance at the next Court to be held at Hillsborough on the twenty second of March, instant, And as I am informed by the Justices who swore and examined the witnesses against them that those persons with many others residing in the same County and elsewhere are certainly guilty of the said offences, And as from the public disturbances in the western parts of this province no Superior Court of Justice will be held at Hillsborough on the said Twenty second day of March so that it may justly be supposed unless some extraordinary measures are speedilyI am Your Excellency's most Obedtmost dutiful and obliged hum. servtRICHd HENDERSON.
His Excellency Governor Tryon—
It is the opinion of the Board for the reasons set forth in Mr Henderson's letter that a Court of Oyer and Terminer would be a very proper measure at this Time.
Ordered a Commission of Oyer and Terminer issue accordingly.