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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
November 19, 1771 - December 23, 1771
Volume 09, Pages 101-136

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[From MS. Records in Office of Secretary of State.]
LEGISLATIVE JOURNALS.
North Carolina—Ss.
In the upper House.

At an Assembly began and held at New Bern the fifth day of December in the eleventh year of His Majesty's Reign and continued by prorogation until the 19th day of November Anno Dom 1771

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Cornell Esquire
The Honble Sr Nath Dukenfield Esquire
and
The Honble Marmaduke Jones Esquire

Then His Excellency the Governor met the Members of the upper House in the Council Chamber at the Palace and commanded the immediate attendance of the Speaker and Gentlemen of the lower House of Assembly, who thereupon attended and then His Excellency made to both Houses the following Speech, viz—

Gentlemen of His Majesty's Honble Council, Mr Speaker and Gentlemen of the House of Assembly,

His Majesty having been most graciously pleased to appoint me His Chief Governor of this Province, I now first enter upon the duties of that Important Station in my Legislative Capacity with all the diffidence which the difficulty of the situation, added to a just sense of the luster of my predecessors character, naturally inspires; desiring at the same time the most pleasing expectations from the generous, and loyal support, that you gave to that Gentlemans approved administration.

I have the pleasure to assure you Gentlemen that it has afforded great satisfaction to His Majesty, to see Gov. Tryons unwearied endeavours, for restoring the peace of this Country so well seconded by the Legislature, and I am confident it will be most grateful to His Royal mind to find that by your wise provisions and his able conduct, the good work is accomplished, and that tranquility and good order, have succeeded the tumult and violence, which during sometime had disturbed so fair a part of this Province.

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I most heartily congratulate you Gentlemen on this Event and I take the first occasion to recommend to you in the most earnest manner to consider of an effectual means to prevent future evils of the like nature, to this end it appears to be necessary to give all force and vigour to the Laws; to obviate all just grounds of discontent to the people, that shall be found to exist, to give them the fullest evidence that is possible of the just administration of the public Finances; to correct, as far as human prudence may, all manner of abuses; and above all things to give every facility to the administration of Justice. Thus Gentlemen you will promote the benignant intentions of our most gracious Sovereign, who with Paternal and unrelenting care, labours to extend to all his people the inestimable blessings of that happy Constitution, of which he is a most vigilant and tender Guardian. And thus by the wisdom of your deliberations and the Divine blessing, I trust they will be permanently secured and enjoyed in the amplest manner, And to the latest time, by the Inhabitants of this Province.

The war which is still raged on the Continent of Europe; as it keeps Britain in a state of watchfulness, seems just reason for prudent caution in the Colonies; I therefore recommend to you to maintain the Militia of this Province on a respectable footing.

Gentlemen of the House of Assembly, I hope you will see it expedient to provide for the present establishment of Fort Johnston and to supply that Garrison with sufficient stores.

As the Public Faith stands engaged, I conceive it is needless to recommend to you to make immediate provision for defraying the charge of the recent, and important services of the Militia forces, upon which occasion I cannot doubt that you will be mindful to indemnify at least, your late worthy Governor, Under whose auspices they acted, for his personal expence on that service, so generously undertaken for the good of this Country. This done His Majestys Subjects lately misled, having returned to their duty I think it is to be wished, that the Veil of Oblivion may be drawn over the past unhappy troubles, and all the animosities and distractions which they created.

Gentlemen of His Majestys Honble Council Mr Speaker and Gentlemen of the House of Assembly, I have nothing particular at this time in Command from His Majesty to communicate to you. On my own part, I must express my earnest wishes, that you conduct the public business with unanimity and dispatch. And I do

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assure you of my concurrence in all measures, that are calculated to promote the honor and security of His Majestys Government; and the true interests and happiness of this Colony.

On motion ordered that His Excellencys speech be read, the same was read and taken under consideration. And thereupon Ordered that the Honble Lewis Henry DeRosset and Marmaduke Jones Esqrs be appointed a Committee of this House to draw up an Address in answer to His Excellencys Speech.

Then the House adjourned till to-morrow morning 10 oClock.


Wednesday Morning 20th November 1771.

The House met according to Adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 21st November 1771.

The House met according to adjournment.

Present as before.

The Committee appointed to draw up an address in answer to His Excellencys speech—reported that they had prepared the same which was ordered to be read, the same was read and approved of and that it be entered on the Journals of the House as follows. Viz.

To His Excellency Josiah Martin Esqr His Majestys Capt. General, Governor and Commander in Chief of the Province of North Carolina—

May it please your Excellency,

We His Majestys most dutiful and loyal subjects, His Council of North Carolina met in General Assembly—return your excellency our most hearty thanks for your affectionate speech at the opening of the Session.

When it pleased our most Gracious Sovereign, that the abilities of our late Governor should be employed in his Majestys Service in another Colony—We could not but lament, as a misfortune to the Province, the destined departure of a Governor so deservedly esteemed; but the gloom which that event began to spread over our minds, is now happily dispelled, and a brightened prospect opens to our view with the dawn of new felicity under your Excellencys Administration.

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It is therefore, Sir, with the sincerest pleasure we beg leave to congratulate your Excellency and the Province on the Royal favour of your appointment to be our Chief Governor; and on your safe and early arrival with your lady and family.

It is our happiness, sir, that whilst we have the Honor to address the Representative of our Sovereign, We share the general joy of receiving a most acceptable Governor; And, as an inclination to do good is ever inseparable from a virtuous mind, your Excellencys Character justifies our confidence of every benefit to the Province, which can result from a benevolent administration.

We return your Excellency our particular thanks, for your congratulations on the tranquility and good order, which is now restored to the Province. It adds to the happiness of these circumstances that the conduct of our Legislature (in seconding the late Governors endeavors for restoring the peace of the Country) has afforded his Majesty great satisfaction, And we beg leave to assure your Excellency that with the most dutiful and loyal attachment to his person and Government We shall ever retain a grateful sense of his unremitting care to extend to all his people the inestimable blessing of our happy Constitution.

The success in the defeat of the Insurgents at Alamance, at the same time that it does the greatest Honour to Gov. Tryon's courage and military talents, and to the bravery of the Troops under his command, has united to his character of a worthy Governor, that of a brave preserver of the Country. We dwell, Sir, with the greatest pleasure on the Signal Services to this province, as they were performed by the exertion of those qualities, which are known to make part of your own character.

The remembrance of the alarming situation, to which this Government was reduced, by the late dangerous combination will most powerfully stimulate our endeavors to provide effectual means to prevent future evils of the like nature, And we shall rank amongst the first objects of our attention, the several matters which your Excellency has recommended as necessary for the attainment of that end.

The utility of the Militia of this Province, has been so lately and so happily manifested, that we shall most cheerfully concur in any measure for maintaining it on a respectable footing.

We receive as an early and pleasing instance of your Excellencys affection for this Province, your recommendation that “the veil of

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oblivion may be drawn over the past unhappy troubles, and all the animosities and distractions which they created.” Such sentiments bespeak a tender concern for the peace and happiness of the Country, and well deserve a general adoption, tho' perhaps the enormity of some offenders, may be found to necessitate particular exceptions.

At this and all other times, as well in our public as private capacities, we shall constantly endeavor to promote the ease and happiness of your Excellencys Administration. With most sincere wishes, that you may long enjoy the high Station, in which we have now the honor to address you, we shall enter upon the Business of this Session, with a sincere disposition to unanimity and dispatch, and to concur with the other House, in all measures that are calculated to promote the honour and security of the Government and the true interest and happiness of this Colony.

In the upper House, Nov. 21st 1771.

Then the House adjourned till 10 °Clock tomorrow morning.


Friday Morning 21st November 1771.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alex McCulloch Esquire.
The Honble Wm Dry Esquire.
The Honble Martin Howard Esquire.
The Honble Samuel Cornell Esquire.
The Honble Sr. Nath1 Duckenfield Esquire. &
The Honble Marmaduke Jones Esquire.

Then the House adjourned till tomorrow morning.


Saturday Morning

The House met and adjourned till Monday Morning


Monday Morning 25th November 1771.

The House met according to adjournment

Present as before.

Received from the Assembly by Mr Blount and Mr Shepard the following Message Viz.

This House having appointed Mr Harnett, Mr Johnston, Mr Nash, Mr Christo. Neal, Mr Thompson, Mr Cray, Mr Shepard, Mr John Harvey and Mr James Moore, a Committee of this House to state and settle the Public Accounts of this Province, And Mr Jacob Blount, Mr James Blount, Mr Davis, Mr Ferq Campbell, Mr Polk,

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Mr Mackelwean, Mr. Dunn, Mr Gray, Mr Thos Neal, Mr Rutherford and Mr Dickson a Committee of this House to settle and allow Public Claims in Conjunction with such of your Honors as you shall think fit to appoint

Rd CASWELL Speak
By order
J. Green Clk.

In the Assembly 22d Nov. 1771.

On motion Ordered that the following Message be sent to the Assembly viz.

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committees This House have appointed the Honble John Rutherford, Alex McCulloch Wm Dry Samuel Cornell and Marmaduke Jones Esq. a Committee of this House to examine state and settle the Public Accounts, And the Honble Lewis Henry DeRosset, John Sampson, Martin Howard Esq and Sr Natl Duckenfield Bart. a Committee of this House to settle and allow the Public Claims

By order
J. B. Clk.

In the upper House 25th Nov. 1771.

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

Mr. President and Gentlemen of His Majesty's Honble Council—

I return you my sincerest thanks for this very affectionate address. And I feel myself most sensibly obliged by your warm congratulations on my appointment to the Government of this Province and on my safe arrival in it with my family.

Your affectionate concern Gentlemen on the removal of your late worthy Governor to another Province, affords at once a proof of your generous gratitude, and his exalted merit.

With a just sense of the difficulties under which I succeed a Gentleman of his eminent advantages, I am a Candidate, unequal but in zeal, for those inestimable rewards he now enjoys in the approbation of our most Gracious Sovereign, And the united suffrage of the good people of this Province in his favour. And I shall

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esteem myself happy, If I am able in any degree to alleviate your just concern, for a loss, I cannot hope to repair

The favorable sentiments you have been pleased to conceive of my character, do me honor; and I shall studiously endeavour by my right conduct, to confirm you in them. My abilities, such as they are of every sort, I do assure you Gentlemen, shall be uniformly and faithfully dedicated to the service of my Royal Master, and to promote the honor, peace, and happiness of this Country, of which he has been most graciously pleased to constitute me Guardian.

I derive, Gentlemen, the greatest satisfaction from the obliging assurances you give me, of your endeavours, to promote the ease and happiness of my administration, And I enter upon my arduous duty, with double confidence, relying on the assistance of a Council whose approved wisdom, loyalty and spirit, claims my respect, while your generous sentiments engage my esteem and gratitude.


New Bern 25th Nov 1771.
JO. MARTIN.

Then the House adjourned till 10 oClock tomorrow Morning.


Tuesday Morning 26th November 1771

The House met according to adjournment.

Present as before

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 27th November 1771.

The House met according to adjournment.

Present as before.


Thursday Morning 28th November 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Robertson and Mr Slade the following Bills, viz

A Bill for dividing the Western part of Rowan County and erecting a new county and parish by the name of —— and —— Parish. Read the first time and passed.

A Bill for erecting part of the Counties of Halifax and Tyrrel into a County and parish. On motion read the first time and passed.

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

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A Bill to impower Thomas Neal and Isaac Price to keep a Public Ferry across the Catawba River.

A Bill for appointing and impowering —— of Anson County to Collect and receive the Taxes which are due from the Inhabitants of the said County for the year one thousand seven hundred and seventy. On motion read the first time and passed.

Received from the Assembly by Mr Hewes and Mr Montfort—

A Bill to amend an Act entitled an Act for the Regulation of the Town of Wilmington. Read the first time and passed.

Received from the Assembly by Mr Waddell and Mr Ashe, A Bill for granting to His Majesty the sum of —— thousand pounds proclamation money to be applied as herein directed and for directing the duty of Sheriffs in the Execution of their office. Read the first time and passed.

Received from the Assembly by Mr Gray and Mr Ormond a Bill for continuing and amending so much of an Act as is now in force, Intitled an Act for dividing this Province into six several districts and for establishing a Superior Court of Justice in each of the said districts and regulating the proceedings therein and for providing adequate salaries for the Chief Justice and the Associate Justices of the said Superior Courts. Read the first time and passed.

Received from the Assembly the following Bills, Viz,

A Bill to amend an Act entitled an Act for regulating the several Officers fees within this Province and ascertaining the method of paying the same. Read the first time and passed.

A Bill to amend an Act entitled an Act, what Fences are sufficient. Read the first time and passed.

Received from the Assembly the following Resolve &c.

Gentlemen of His Majesty's Honble Council,

This House have Resolved that Robert Howe Esq. be allowed the sum of three hundred and forty eight pounds out of the sinking fund he having made it appear that on the ninth day of the present month November he lost a sum equal to that in proclamation money which was entirely destroyed and can never again come into circulation, and desire your Honours Concurrence thereto.

Rd CASWELL, Speaker.

In the Assembly 28th Nov. 1771.
By order
J. Green, Clk.
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In the upper House 28th Nov 1771, then on motion the above resolve was read, considered and concurred with.

J. HASELL, P.
By order
J. B. Clk.

Received from the Assembly a Bill to amend an Act intitled an Act for establishing a new County between Campbleton and Hillsborough by taking the Southern part of the inhabitants of Orange County by the name of Chatham County and St Bartholemew parish. Read the first time and passed.

Received from the Assembly the following resolve, Viz—

This House have Resolved that James Alford of Wake County be allowed twenty eight pounds five shillings out of the sinking fund he having made it appear that on the twenty eighth day of April last a sum equal to that in proclamation money was in his dwelling house burnt and totally destroyed, to which we desire your Honours Concurrence.

Rd CASWELL, Speaker.

In the Assembly 28th Nov. 1771. By order
J. Green, Clk.

In the upper House 28th Nov 1771, then on motion the foregoing Resolve was read, considered of and concurred with.

J. HASELL, P.
By order
J. B. Clk.


Friday November 29th 1771.

The House met according to adjournment.

Present as before.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 30th November 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills by Mr Gray and Mr Dickson—

A Bill for appointing and impowering Francis Mosely of Anson County to collect and receive the Taxes which are due from the Inhabitants of the said County for the year 1770. Read the second time and passed.

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A Bill to impower the Church Wardens and Vestrymen of the Parish of St. Gabriels in the County of Duplin to sell the Glebe in the said Parish and County. Read the first time and passed.

A Bill for erecting part of the Counties of Halifax and Tyrrel into a County and Parish.

A Bill for laying out a Town on the land of Richard Evans in Pitt County by the name of ——

A Bill to amend and continue an Act intitled an Act to amend and continue an Act intitled an Act to establish Inferior Courts of Pleas and Quarter sessions in the several Counties in this Province—passed at Wilmington in the 4th year of the reign of his present Majesty. Read the first time and passed.

A Bill to annex part of the County of Rowan to the County of Surry. Read the first time and passed.

A Bill for altering the dividing Lines between the Counties of Beaufort and Pitt. Read the first time and passed.

A Bill for amending an Act intitled an Act for erecting in the Town of Salisbury a public Goal, Pillory and Stocks for the district of Salisbury in this Province. Read the first time and passed.

Received from the Assembly by Cols Moore and Thompson the following Resolve.

Gentlemen of His Majestys Honble Council—

This House have Resolved that David Pollock keeper of the Wilmington Goal be allowed the sum of twenty-five pounds for so much paid the Doctor for curing a wound given him by one of the criminals in attempting to prevent the said Criminals escape; to be paid him by the Treasurer out of the contingent fund; And desire your Honors Concurrence thereto—

Rd CASWELL Speaker.
By order
J. Green Clk.

In the Assembly 30th Nov. 1771.

Then the House adjourned till 10 oClock on Monday morning.


Monday Morning 2nd December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Hardy and Mr Kimbrough A Bill to amend an Act intitled an Act to regulate elections for

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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 at the several elections in the Counties and Towns in this Province—read the first time and passed.

A Bill for altering the place fixed upon by the Commissioners for building a Court House and Prison and Stocks in the County of Guilford. Read the first time and passed.

Then the House adjourned till 10 oClock tomorrow Morning.


Tuesday Morning 3d December 1771.

The House met according to adjournment

Present as before.

Received from the Assembly the following Bills Viz

A Bill to impower the Church wardens and vestrymen of the Parish of St Gabriels in the County of Duplin to sell the Glebe in the said Parish and county. Read the second time and passed.

A Bill for appointing an agent to solicit the Affairs of this Province at the several Boards in England. Read the first time and passed.

A Bill for amending an Act entitled an Act for erecting in the Town of Salisbury a public goal, pillory and stocks for the District of Salisbury in this Province. Read the second time amended and passed.

A bill for the further enabling Francis Lock, Andrew Allison, Griffith Rutherford and William Temple Cole former Sheriffs of Rowan County to collect the arrearages of Taxes. Read the first time and passed.

A Bill to impower the Freeholders of the Parish of Unity in Guilford County and the Parish of St Margarets in Wake County to elect vestry men in the room of those heretofore elected for the said Parishes. Read the first time and passed.

A Bill to amend an Act intitled an Act for the regulation of the Town of Wilmington. Read the second time amended and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 4th December 1771.

The House met according to adjournment

Present as before.

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On motion the Bill for erecting part of the Counties of Halifax and Tyrrel into a County and parish was read a second time amended and passed

Received from the Assembly by Mr Polk and Mr Kimbrough the following Bills—

A Bill to continue an Act intitled an Act to encourage the destroying of vermin in the several Counties therein mentioned. Read the first time and passed.

A Bill for building a Court House in the Town of Salisbury for the District of Salisbury. Read the first time and passed.

A Bill to impower the Church Wardens and Vestrymen of the Parish of St Gabriels in the County of Duplin to sell the Glebe in the said Parish and County. Read the third time and passed. Ordered to be engrossed.

A Bill for the more easy and effectual method of collecting the taxes in the Counties therein mentioned. Read the first time and passed.

A Bill for continuing and amending so much of an Act as is now in force intitled an Act for dividing this Province into six several districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein and for providing addquate salaries for the Chief Justice and the Associate Justices of the said Superior Courts.

Received from the Assembly the following Resolve Viz—

Gentlemen of His Majestys Honble Council

This House have Resolved that John Fulford be allowed the sum of thirty shillings he having made it appear that he had a sum equal to that in proclamation money burnt in his house on the 7th dry of March last, which we have directed to be paid out of the sinking Fund and desire your Honours concurrence thereto.

Rd CASWELL Speaker.

In the Assembly 4th December 1771—Concurred with.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 5th December 1771.

The House met according to adjournment.

Present as before.

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Received from the Assembly by Colo Moore and Colo Eaton a Bill to indemnify such persons as have acted in defence of Government and for the preservation of the public peace of this Province during the late Insurrection from vexatious suits and prosecutions. Read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Friday Morning 6th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Lanier and Mr Field the following Bills vizt.

A Bill to alter the method of working upon the Roads in the Counties therein mentioned. Read the first time and passed.

A Bill to continue an Act intitled an Act to encourage the destroying of vermin in the several Counties therein mentioned. Read the second time and passed.

A Bill for annexing part of Cumberland County to Chatham County. Read the first time and passed.

A Bill for annexing part of the County of Rowan to the County of Surry. Read the second time amended and passed.

A Bill for altering the place fixed upon by the Commissioners for building a Court House, Prison and stocks in the County of Guilford. Read the second time and passed.

Received from the Assembly by Mr Polk and Mr Dickson the following Bills vizt

A Bill to impower the Officers therein mentioned in certain cases to take the Poll at the election of Members to serve in the General Assembly. Read the first time and passed.

An Act to amend an Act intitled an Act for founding establishing and endowing of Queens College in the Town of Charlotte in Mecklenburgh. Read the first time and passed.

A Bill to amend an Act intitled an Act for establishing a New County between Campbelton and Hillsborough by taking the Southern part of the inhabitants of Orange County by the name of Chatham County and St Bartholomews Parish. On motion rejected.

A 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. Read the first time and passed.

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A bill for erecting part of the Counties of Halifax and Tyrrel into a County and Parish. Read the third time and passed. Ordered to be engrossed.

A Bill for establishing the Court of Chancery, consisting of the Governor and Council for the time being or any five of them with allowances as salaries to such of the members as attend the same and for establishing rules of the said Court with fees to the Register and other Officers thereof. Read the first time amended and passed. Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 7th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Gray and Mr Hynes a Bill to discontinue the poll tax of one shilling and duty of four pence p gallon on rum wine and other spiritous liquors. Read the first time amended and passed.

A Bill to continue an Act entitled an Act to encourage the destroying of vermin in the several Counties therein mentioned.

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

A Bill for granting to His Majesty a duty on spirits for the purpose of amending the navigation of this Province and other purposes. Read the first time and passed.

A Bill for further amending an Act entitled an Act for the better regulation of the Town of New Bern and for securing the titles of persons who hold lots in the said Town.

A Bill for dividing the western part of Rowan County and erecting a new County and Parish by the name of York County and St James Parish. Read the second time and passed.

A Bill to impower the Freeholders of the Parish of Unity in Guilford County the Parish of St Johns in Pasquotank County and the Parish of St Margarets in Wake County to elect vestrymen in the room of those heretofore elected for the said Parishes. Read the second time amended and passed.

A Bill to confirm the title of such persons as have purchased lands sold by execution under the statute of the fifth of George the Second intitled an Act for the more easy recovery of debts in his Majestys Plantations and Colonies in America. Read the first time and passed.

Then the House adjourned till 10 oClock on Monday Morning.

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Monday Morning 9th December 1771.

Received from the Assembly by Colo Cray and Colo Rutherford the following Bills, vizt

A Bill for granting to his Majesty the sum of one hundred and thirty thousand pounds proclamation money to be applied as herein directed and for directing the duty of Sheriffs in the execution of their Offices.

A Bill to release the Inhabitants of the Parish of Granville in the County of Granville from certain taxes and for other purposes therein mentioned. Read the first time and rejected.

A Bill for erecting in the Town of Hillsborough a public goal and goalers house for the district of Hillsborough in this Province. Read the first time and passed.

A Bill for appointing and impowering Francis Moseley of Anson County and James McCoy of Rowan County to collect and receive the Taxes which are due from the inhabitants of the said Countys for the year 1770. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 10th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills Vizt

A Bill for the more easy and certain collection of his Majesty's Quit Rents, in this Province. Read the first time and passed.

A Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England. Read the second time amended and passed.

A Bill to annex part of Dobbs County to Pitt County. Read the first time and passed.

A Bill to amend an Act intitled an Act for regulating the pilotage of Cape Fear River and other purposes. Read the first time and passed.

A Bill for building a Court House in the Town of Salisbury for the district of Salisbury. Read the second time and passed.

A Bill for laying out a public road from the frontiers of this Province through the Countys of Mecklinburgh, Rowan, Anson and Cumberland to Campbelton. Read the first time and passed.

A Bill to amend an Act intitled an Act to prevent hunting for and

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killing deer in the manner therein mentioned. Read the first time and rejected.

A Bill for removing the Superior Court of Hillsborough to Campbelton. Read the first time and passed.

A Bill to amend an Act intitled “an Act for founding establishing and endowing of Queens College in the Town of Charlotte in Mecklenburgh County. Read the second time and passed.

A Bill for the further enabling Francis Lock, Andrew Allison, Griffith Rutherford and William Temple Cole former Sheriffs of Rowan County to collect the arrearages of taxes. Read the second time amended and passed.

A Bill for amending an Act intitled an Act for erecting in the Town of Salisbury a public goal, pillory and stocks for the District of Salisbury in this Province. Read the third time and passed. Ordered to be engrossed.

Received from the Assembly the following resolve vizt

Gentlemen of His Majesty's Honble Council

This House send you the petition and affidavits of Abram Evans to whom we have Resolved that the sum of twenty two pounds sixteen shillings and eight pence be paid by the Treasurers or either of them out of the sinking fund and be allowed them in the accounts with the public to which we desire your Honours concurrence.

Rd CASWELL, Speaker.

In the Assembly 9th Dec 1771.
J. Green Junr, Clk

In the upper House 10th Dec. 1771 Concurred with
JAs HASELL, P. C.

Received from the Assembly the following Bills Vizt

A Bill for dividing the western part of Rowan County and erecting a new County and Parish by the name of York County and St James Parish. Read the third time and rejected

A Bill to enable the freeholders of the Parish of St John in the County of Pasquotank to elect a vestry and provide for the poor. Read the first time and passed.

On motion the Bill to impower Thomas Neal and Isaac Price to keep a public ferry across the Catawba river was read the first time and passed.

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And a Bill for laying out a Town on the Land of Richard Evans in Pitt County by the name of —— was read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 11th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr. C. Neal and Mr. Cray the following Bills, Vizt

A Bill to impower the officers therein mentioned in certain cases to take the poll at the election of Members to serve in the General Assembly. Read the second time amended and passed.

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

A Bill to amend an Act intitled an Act for regulating the several Officers fees within this Province and ascertaining the method of paying the same. Read the second time amended and passed.

A Bill to impower Thomas Neal and Isaac Price to keep a public Ferry across the Catawba River. Read the second time and passed.

A Bill for laying out a Town on the Land of Richard Evans in Pitt County by the name of Martinborough. Read the second time and passed.

A Bill to alter the method of working upon the roads in the Counties therein mentioned.

On motion the Bill for continuing and amending so much of an Act as is now in force intitled an Act for dividing this Province into six several districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein and for providing adequate salaries for the Chief Justice and the associate Justices of the said Superior Courts, was read the second time amended and passed.

Received from the Assembly A Bill to indemnify such persons as have acted in defence of government and for the preservation of the public Peace of this Province during the late insurrection from vexatious suits and prosecutions.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday December 12th 1771.

The House met according to adjournment.

Present as before.

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On motion the Bill for granting to his Majesty the sum of one hundred and thirty thousand pounds proc. money to be applied as here directed and for directing the duty of Sheriffs in the execution of their Office, was read the second time amended and passed.

Received from the Assembly by Mr Campbell and Mr Dickson the following Resolve, vizt

This House herewith send you the affidavit of Edwd Dunfield to whom we have Resolved that the sum of fourteen pounds proclamation money be paid by the Treasurers out of the sinking fund, and allowed them in their accounts with the Public to which we desire your Honors Concurrence.

Rd CASWELL Speaker.

12th Dec. 1771. In the Assembly.
In the upper House 12th Dec. 1771. Concurred with.
JAs HASELL, P. C.

Received from the Assembly a Bill for laying out a public road from the frontiers of this Province thro' the Counties of Mecklenburgh, Rowan, Anson and Cumberland to Campbelton. Read the second time and passed.

A Bill to amend an Act intitled an Act for regulating the pilotage of Cape Fear River and other purposes. Read the second time amended and passed.

A Bill to amend an Act intitled an Act for founding, establishing and endowing of Queens College in the Town of Charlotte in Mecklenburgh County. Read the third time and passed. Ordered to be engrossed.

A Bill to continue an Act Intitled an Act to encourage the destroying of vermin in the several counties therein mentioned. Read the third time and passed. Ordered to be engrossed.


Friday 13th December 1771.

The House met according to adjournment.

Present as before.

On motion ordered the following Message be sent to the Assembly.

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Wilmington Bill, we would propose a small amendment in the clauses to prevent building piazzas and

-------------------- page 119 --------------------
platforms, which to make more clear to you we send the changes as we wish to have them stand.

We observe that you have deled that clause relative to persons dealing with negroes when the onus probandi shall lie upon the defendant. We need not enter into the necessity of such a clause, the late unhappy fire at Wilmington is a striking instance. And as it is the duty of the legislature to adopt a remedy for every evil We conceive that the spirit of that clause is absolutely necessary in some degree to be preserved in order to discourage the pernicious practice of dealing with negroes. We would therefore propose to restore that clause with the difference that instead of the onus probandi, that the person charged with the offence shall be required to answer upon oath and shall be thereon convicted or discharged accordingly.

We would also propose that the Act shall continue in force six years, and to the end of the next Session of Assembly.

If you agree to these amendments please send two of your Members to see the same made.


In the upper House 13th Dec 1771.
By order
J. BURGWIN Clk.

Received from the Assembly by Mr Knox and Mr Hare the following Bills—Vizt

A Bill for rating the several species of Foreign coin and making the same a lawful tender in all payments therein mentioned. Read the first time and rejected.

A Bill for laying out a Town on the Land of Richard Evans in Pitt County by the name of Martinborough.

On motion a Bill for granting to his Majesty the sum of £130,000 proc money to be applied as herein directed and for directing the duty of sheriffs in the execution of their Office was read a third time and rejected.

Received from the Assembly a 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. Read the second time and passed.

On motion the Bill to indemnify such persons as have acted in defence of Government and for the preservation of the public peace of this Province during the late insurrection from vexatious suits and prosecutions was read the second time and passed.

-------------------- page 120 --------------------

Received from the Assembly by Mr Harnett and Mr James Moore the following Message to wit—

Gentlemen of His Majestys Honble Council

This House agree to the amendments by you proposed respecting the Wilmington Bill and send Mr Harnett and Mr James Moore two of the Members of this House to see the same inserted in the Bill.

Rd CASWELL Speaker.

Then the clause referred to and the alterations proposed were inserted in the said Bill in presence of the Members sent for that purpose And then the Bill passed the third time. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 14th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills, Vizt.

A Bill to enable the freeholders of the Parish of St. John's in the County of Pasquotank to elect a vestry and provide for their poor. Read the second time, amended and passed.

A Bill to impower the freeholders of the Parish of Unity in Guilford County and the Parish of St. Margaret's in Wake County to elect vestrymen in the room of those heretofore elected for the said Parishes.

A Bill to amend and continue an Act to amend an Act intitled an Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, passed at Wilmington in the 4th year of the Reign of his present Majesty. Read the second time, amended and passed.

A Bill for building a Court House in the Town of Salisbury for the District of Salisbury. Read the third time and passed. Ordered to be engrossed.

A Bill for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Rowan, Anson and Cumberland to Campbelton. Read the third time and passed. Ordered to be engrossed.

A Bill to impower the Officers therein mentioned in certain cases to take the poll at the election of members to serve in the General

-------------------- page 121 --------------------
Assembly. Read the third time and passed. Ordered to be engrossed.

A 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 to alter the method of working upon the roads in the Counties therein mentioned. Read the third time and passed. Ordered to be engrossed.

A Bill for altering the dividing lines between the Counties of Beaufort and Pitt. Read the second time and passed.

Then the House adjourned till 10 oClock on Monday morning.


Monday Morning 16th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly the following Bills, Vizt.

A Bill to indemnify such persons as have acted in defence of Government, and for the preservation of the public peace of this Province during the late insurrection from vexatious suits and prosecutions. Read the third time and passed. Ordered to be engrossed.

A Bill for the further enabling Francis Lock, Andrew Allison, Griffith Rutherford and Wm Temple Cole former Sheriffs of Rowan County to collect the arrearages of taxes. Read the third time and passed. Ordered to be engrossed.

A Bill for erecting in the Town of Hillsborough a public goal and goalers house for the District of Hillsborough in this Province. Read the second time amended and passed.

Received from the Assembly by Colo Davis and Mr Gray the following Resolve vizt

Gentlemen of His Majestys Honble Council,

This House have resolved that the present establishment at Fort Johnston be continued twelve months and from then to the end of the next session of Assembly and desire your Honours Concurrence.

Rd CASWELL, Speaker.

In the Assembly 16th December 1771.
By order
J. Green, Junr. Clk.

In the upper House 16th December 1771, read and concurred with.
JAS. HASELL, P. C.
By order
J. Burgwin, Clk.
-------------------- page 122 --------------------

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday Morning 17th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Col Ashe and Col Vail the following Bills vizt.

A Bill for imposing a Tax of one shilling proclamation money p. poll on all Taxable persons within this Province and for granting the money arising from such tax to his Majesty his Heirs and successors to be applied as hereinafter directed and for directing Sheriffs in the execution of their Office. Read the first time and passed.

A Bill to amend an Act entitled an Act for regulating the pilotage of Cape Fear River and other purposes.

A Bill to discontinue the Poll Tax of one shilling and duty of four pence p. gallon on rum, wine and other spiritous liquors. Read the second time and passed.

A Bill to impower the Freeholders of the several Parishes therein mentioned to elect for vestries for their respective parishes. Read the third time and passed. Ordered to be engrossed.

A Bill for erecting in the Town of Hillsborough a public goal and goalers house for the District of Hillsborough in this Province. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday Morning 18th December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly a Bill for imposing a Tax of one shilling proclamation money p. poll on all taxable persons within this Province and for granting the money arising from such tax to His Majesty his heirs and successors to be applied as hereinafter directed. Read the second time and passed.

Received from the Assembly by Mr Evans and Mr McKennie the following Bills.

A Bill for striking Debenture Bills on Bank paper to the amount of —— thousand pounds proclamation money to be exchanged for all such debenture and tender bills as may be in circulation in this Province. Read the first time amended and passed

-------------------- page 123 --------------------

A Bill to amend an Act intitled an Act what fences are sufficient. Read the second time amended and passed.

A Bill to appoint collectors of the tax imposed by an Act Intitled an Act for imposing a tax of one shilling proclamation money p. poll on all taxable persons within this Province and for granting the money arising from such Tax to his Majesty his heirs and successors to be applied as hereinafter directed. Read the first time and passed

A Bill for granting to His Majesty a duty on spirits for the purpose of amending the navigation of this Province and other purposes. Read the second time amended and passed.

A Bill to enable the freeholders of the Parish of St John in the County of Pasquotank to elect a vestry and provide for the poor. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday Morning 19th December 1771

The House met according to adjournment.

Received from the Assembly the Bill for the more easy and effectual method of collecting the taxes in the Counties therein mentioned. Rejected.

A Bill for the further amending an Act intitled an Act for the better regulation of the Town of New Bern and for securing the titles of persons who hold lots in the said Towns.

Received from the Assembly by Mr. Cray and Mr. Blount the Reports of the special Committee for adjusting &c the accounts on the late Expedition &c, which were read in this House approved of and concurred with

Received from the Assembly by Mr Gray and Campbell the Reports of the Committee of the Public Claims and which were read approved of and concurred with

Then the House adjourned till 10 oClock tomorrow morning


Friday Morning 20th December 1771.

The House met according to adjournment

Present as before.

Received from the Assembly A Bill for imposing a tax of two shillings proclamation money p. poll on all taxable persons within this Province and for granting the money arising from such tax to His Majesty his heirs and successors to be applied as herein after directed. Read the third time and passed. Ordered to be engrossed.

-------------------- page 124 --------------------

A Bill for striking Debenture Bills on bank paper to the amount of one hundred and twenty thousand pounds proclamation money to be exchanged for all such debenture and tender bills as may be in circulation in this Province. Read the second time and passed

A Bill for further amending an Act intitled an Act for the better regulation of the Town of New Bern and for securing the titles of persons who hold lots in the said Town. Read the second time and passed.

A Bill to direct Sheriffs in the execution of their Office Read the second time and passed.

Received from the Assembly the following Resolve—

Gentlemen of His Majesty's Honble Council

This House taking into consideration the conduct of Mr Cornls Harnett in the late Expedition against the Insurgents; and fully convinced of the great service rendered his Country by his zeal and activity therein.

Resolved that he be allowed one hundred pounds to defray the extraordinary expence he was at in that service.

Rd CASWELL, Speaker.

In the Assembly 19th Dec. 1771.
In the upper House. Concurred with.
J. HASELL, P. C.
By order
J. B. Clk.

Received from the Assembly the following Resolve, Viz.

Gentlemen of His Majestys Honble Council,

This House have Resolved that six hundred copys of each of the Public Accounts as stated by Mr Burgwin be printed and distributed in equal proportions to every County in this Province by Adam Boyd. That he perform this service in six months from the rising of this present Assembly and that he be allowed one hundred and seventy five pounds, that the Treasurers or either of them pay him seventy five pounds immediately in order to enable him to carry on the same and the residue when he shall produce receipts for each Inferior Court Clerk that the service is fully performed.

Rd CASWELL, Speaker.
-------------------- page 125 --------------------
By order
J. Green Junr Clk.

In the Assembly 18th Dec 1771.
In the upper House 20th Dec 1771. Concurred with.
J. HASELL, President.
By order
J. B. Clk.

Received from the Assembly the following Resolves, Vizt

Gentlemen of His Majestys Honble Council,

This House have Resolved that John Kennedy be allowed the sum of four pounds four shillings for the ferriage of the Carteret detachment across Trent River and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public, to which we desire your Honors Concurrence.

Rd CASWELL Speaker.

In the Assembly 19th Dec. 1771.
In the upper House 20th Dec. 1771. Concurred with.
By order
J. BURGWIN Clk.

Gentlemen of His Majestys Honble Council.

This House have resolved that Adam Boyd be allowed the sum of twenty shillings proclamation money for printing and distributing two hundred hand Bills by order of His Excellency Gov. Tryon respecting the counterfeit Debenture Bills and that the Treasurers or either of them pay the same and be allowed in their Accounts with the Public to which we desire your Honors Concurrence.

Rd CASWELL Speaker

In the Assembly 19th Dec. 1771.
In the upper House 20th Dec. 1771. Concurred with.
By order
J. B. Clk.

Gentlemen of His Majestys Honble Council.

This House have Resolved that Philemon Hawkins be allowed the sum of three pounds fifteen shillings for his expenses in travelling to and attendance at the last Session of Assembly as an evidence against George Martin and others who were suspected of counterfeiting the Debenture Bills and that the Treasurers or either of

-------------------- page 126 --------------------
them pay him the same and be allowed in their account with the Public to which we desire your Honours Concurrence.

Rd CASWELL Speaker.

In the Assembly 19th Dec. 1771.
In the upper House 20th Dec. 1771. Concurred with.
By order
J. B. Clk.

Gentlemen of His Majestys Honble Council.

This House have Resolved that William Bourk, Adjutant of the Craven detachment, be allowed twenty one pounds eleven shillings for a tent furnished himself and Ensign Robert Fenner and also a Bought Horse on the late expedition against the insurgents And that the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public to which we desire your Honors Concurrence.

Rd CASWELL Speaker.

In the Assembly 19th Dec. 1771.
In the upper House 20th Dec. 1771—Concurred with.

Mr Speaker and Gentlemen of the Assembly.

This House has observed with pleasure the attention which you have shewn to the merit and service of Mr Harnett on the late expedition against the Insurgents; the same sentiments operate with equal vigor in our minds in favor of the Honble Sam1 Cornell Esq who not only distinguished himself by his personal behaviour, but by a very active and useful conduct at a very considerable expence and by advancing very large sums of money has greatly contributed to the progress and success of that expedition. We therefore propose to your consideration the making some adequate allowance to that Gentleman.


In the upper House 20th Dec. 1771.

On motion ordered that the following Message be sent to the Assembly Vizt

Mr Speaker and Gentlemen of the Assembly

On reading a third time the Bill to amend an Act intitled an Act for regulating the Pilotage of Cape Fear River and other purposes We observe you have steted those Clauses giving power to

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the Capt of Fort Johnston or his Deputy to swear Masters of Vessels relative to throwing out their Ballast this power is already vested by Law in the Collector of Port Brunswick. If you are of opinion the former oath is insufficient We will as an amendment to that Law insert in the Bill before us the following Oath to be administered by the Collector or his Deputy. If you agree to such amendments please send two of your Members to see the alterations made.


In the upper House 20th Dec. 1771.
By order
J. B. Clk.

Received from the Assembly the following Bills—Vizt

A Bill to amend an Act intitled an Act for regulating the several Officers fees within this Province and ascertaining the method of paying the same. Read the third time and passed. Ordered to be engrossed.

A Bill to discontinue the Poll Tax of one shilling and duty of four pence pr gallon on rum wine and other spiritous Liquors.

On motion ordered that the following Message be sent to the Assembly—

Mr Speaker and Gentlemen of the Assembly.

On reading a third time the Bill to amend an Act intitled an Act what fences are sufficient We would observe to you that it is necessary the title of the said Bill should Correspond with the substance of the Amendment. And we would also propose that the County of Duplin be struck out of the Bill—to which if you agree please send some of your members to see the same done.


In the upper House 20th Dec. 1771.
By order
J. B. Clk.

A Bill for striking Debenture Bills on bank paper to the amount of one hundred and twenty thousand pounds proc money to be exchanged for all such debenture and tender Bills as may be in circulation in this Province. Read the third time and passed. Ordered to be engrossed.

A Bill to direct Sheriffs in the execution of their office. Read the third time and rejected.

Received from the Assembly by Mr Neal and Mr Gray the following Bills vizt.

-------------------- page 128 --------------------

A Bill for appointing an Agent to solicit the affairs of this Province at the several Boards in England. Read the third time and passed. Ordered to be engrossed.

A Bill for further amending an Act intitled an Act for the better regulation of the Town of New Bern and for securing the titles of persons who hold lots in the said Town. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday Morning 21st December 1771.

The House met according to adjournment.

Present as before.

Received from the Assembly by Mr Neal and Mr Gray the following Message.

Gentlemen of his Majestys Honble Council.

On reading your Message relative to the fence Bill, We agree to the alteration of the title of the Bill so as to make it correspond with the amendment but cannot consent to striking Duplin County out of the said Bill and send Mr Neal and Mr Gray two of the Members of this House to see the same made.

Rd CASWELL, Speaker.

In the Assembly 20th Dec. 1771.

Then the said amendments was made and the Bill read the third time and passed. Ordered to be engrossed.

Mr Speaker and Gentlemen of the Assembly.

This House adheres to the propriety of altering the Pilotage Bill in respect to the Master of the Vessels being sworn only at the Custom House. The mere possibility of throwing out ballast below the Custom House is so far removed from probability that this House cannot agree to the Oath being administered by only a deputy to the Capt of the Fort. The passing the Bill in this House depends on the alteration proposed


In the upper House 21st Dec. 1771.

Gentlemen of His Majestys Honble Council.

In answer to your Message of this day regarding the Pilotage Bill, this House do concur with the alteration by you proposed and send Mr Harnett and Mr Hewes to see the same made.

Rd CASWELL, Speaker.
-------------------- page 129 --------------------

Then the alteration was made in the presence of the Members sent for that purpose. The bill was read the third time and passed with amendments. Ordered to be engrossed.

Gentlemen of His Majestys Honble Council,

This House have Resolved that John Rutherford Esq advocate General be allowed the same sum that Lewis Henry DeRosset Esqr was pr report of the Committee of Accounts including the sum allowed him by the said Committee, and desire your Honours concurrence thereto.

Rd CASWELL, Speaker.

In the upper House 21st Dec 1771 the above Resolve was read and concurred that the Honble John Rutherford Esq late Judge advocate be allowed as above.

By order
J. B. Clk.

Gentlemen of His Majestys Honble Council,

This House have Resolved that Christo Grant of Orange County be allowed two pounds eleven shillings for provisions furnished Capt Harris's Company called in to protect the Court at Hillsborough in 1768 and desire your Honours Concurrence thereto.

Rd CASWELL, Speaker.

In the Assembly 21st Dec 1771.
In the upper House 21st Dec 1771. Concurred with.

Gentlemen of His Majestys Honble Council,

This House have Resolved that Enoch Bradley and John Paine who attended as witnesses last Session of Assembly against Thomas Persons one of the Members of this House who was accused of perjury extortion &c, the sum of five pounds each and that the Treasurers or either of them pay the same and be allowed in their accounts with the Public, and desire your Honours Concurrence thereto.

Rd CASWELL, Speaker.

In the Assembly 21st Dec 1771.
In the upper House 21st Dec 1771. Concurred with.

Gentlemen of His Majestys Honble Council,

This House have Resolved that Fearnought Beaseley whose son was killed in the battle of Allamance and upon whose industry she had subsisted, being too old and infirm to get her living, be allowed ten pounds pr year and that the Treasurers or either of them pay her

-------------------- page 130 --------------------
the same yearly and be allowed in their Accounts with the Public and desire your Honours Concurrence thereto.

Rd CASWELL, Speaker.

In the Assembly 20th Dec 1771.
In the upper House 21st Dec 1771. Concurred with.

Gentlemen of His Majestys Honble Council,

This House have Resolved that the Honble James Hasell Esq. be allowed the sum of two hundred pounds to defray his expence during the time he was in the Service of this Province to which we desire your Honours Concurrence.

Rd CASWELL, Speaker.

In the Assembly 21st Dec 1771.
In the upper House. Concurred with.
J. RUTHERFORD, P. C.
By order
J. B. Clk.

Gentlemen of His Majestys Honble Council,

Ensign Wm Peyton exhibitted his petition to the House setting forth that by the wounds he received in the battle of Allamance he was reduced to a very distressed situation. The House taking the same into consideration, Resolved that the said Ensign Wm Peyton be allowed one hundred pounds and that the Treasurers or either of them pay him the same and be allowed in their accounts with the Public to which we desire your Honours Concurrence.

Rd CASWELL, Speaker.

In the Assembly 20th Dec 1771.
In the upper House 21st Dec. Concurred with.
J. H., P. C.

Gentlemen of His Majestys Honble Council,

Ann Bryan, Ann Ferguson, Eliz. Harper and Faithey Smith, exhibitted petitions to the House setting forth that each of their Husbands went out in the service of Government against the Insurgents and were killed in the late battle of Allamance; That they were in very distressed circumstances with a number of small children who by the loss of their Fathers must without the assistance of the Public be reduced to extreme want, which fact having been made appear to the satisfaction of the House they do therefore, Resolve that one hundred and fifty pounds be allowed to Ann Bryan

-------------------- page 131 --------------------
Widow of Ensign Bryan, killed in the late battle. That Eliz. Harper, Ann Ferguson and Faithey Smith whose Husbands were also killed in the battle be allowed one hundred pounds each which money shall be paid into the hands of a Trustee and be by him applied to the purchase of slaves for the use of the said Widows and their children and to no other purpose whatever. And the House do further Resolve that Richard Caswell Esq. be appointed Trustee to execute the purpose of this Resolve and that he do Report to the House his proceeding thereon, to which we desire your Honours Concurrence.

Rd CASWELL, Speaker.

In the Assembly 20th December 1771.
In the upper House 21st Dec 1771. Read and concurred with.
J. HASELL, P. C.
By order
J. B. Clk.

Gentlemen of His Majestys Honble Council,

This House having taken into consideration the distressed situation of Thomas Garnish, Moses Griffin, Daniel Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles Harrington, Christo Acklin, Sweeting Bond, Wm Fullerton, Charles Yates, Thos. Tortle, James Nelson, John Strange, Thomas Bryan, Benja. Clash, John Nevil, William Lunsdale, Thomas Kersley, William Gilbert, Thos. Clark, Willm Hiscock, Soldiers who were wounded in the late battle with the Insurgents and in all probability will be cripples for life, Do therefore Resolve that Thomas Garnish, Moses Griffin, Dan1 Pegram, Isaac Reed, Jas. Hall, Thos. Kilpatrick, Charles Harrington, Christo Acklin, Sweeting Bond, Wm Fullerton and Charles Yates be allowed twenty pounds p. annum each. And that Thos. Tortle, James Nelson, John Strange, Thos. Bryan, Benja Clash, John Nevil, Wm Lunsdale and Thos. Kersley be allowed fifteen pounds p. year each. And that Wm Gilbert, Thomas Clash and Wm Hiscock be allowed ten pounds p. year each during the time they shall continue disabled and that the Public Treasurers for the time being or either of them do pay to the said persons annually the said sums above specified provided they once a year produce Certificates from the Inferior Court of the County where they reside that they still continue disabled and are proper objects of Public Bounty.

R. CASWELL, Speaker.
-------------------- page 132 --------------------

In the Assembly 20th Dec 1771.
In the upper House 21st Dec. Concurred with.
J. HASELL, P. C.
By order
J. B., Clk.

Gentlemen of His Majestys Honble Council,

This House have Resolved that the Honble Richd Henderson be allowed forty one pounds thirteen shillings and four pence in lieu of the sum he would have been intitled to by law for holding the Edenton Superior Court in Oct 1770 being prevented by orders from Gov Tryon and desire your Honours Concurrence thereto.

R. CASWELL, Speaker.

In the Assembly 20th Dec 1771.
In the upper House 21st Dec 1771. Concurred with.

Gentlemen of His Majestys Honble Council,

This House have Resolved that the Committee of Correspondence instruct the Agent to solicit permission to import Portugal and Spanish Salt into this Province. That the Speaker write to the Speaker of the House of Burgesses of Virginia to desire that they would direct their Agent to use his interests for the same purpose. And that His Excellency the Governor be addressed to use his interest in support of the Agent of this Province and desire your Honours Concurrence thereto.

R. CASWELL, Speaker.

In the Assembly 21st Dec 1771.
In the upper House. Concurred with.
J. HASELL, P. C.

Gentlemen of His Majestys Honble Council,

This House cannot agree to the allowance proposed to be made to the Honble Sam1 Cornell though thoroughly convinced of his merit and activity in the late expedition. The allowance to Mr Harnett was made not only because his Services entitled him to the notice of this House but in consideration of his not having been in any office or employment from which he could possibly derive compensation for the great expence he was at in that Expedition.

R. CASWELL, Speaker.

In the Assembly 20th Dec 1771.
-------------------- page 133 --------------------

Gentlemen of His Majesty's Honble Council,

This House have Resolved that Daniel Pegram and Thomas Garish be allowed twenty four pounds each for the payment of sundry expences incurred by them while they lay disabled by wounds received in the Battle of Alamance and desire your Honours Concurrence thereto

R. CASWELL Speaker.

In the Assembly 21st Dec 1771
In the upper House Concurred with

Then the House adjourned till Monday Morning 10 oClock.


Monday Morning 23d December 1771.

The House met according to adjournment

Present as before.

Received from the Assembly the following Resolve Vizt

Gentlemen of His Majesty's Honble Council,

This House have Resolved that the Revd James Reid be requested to publish the sermon he preached yesterday at the Church in New Bern. That he be allowed ten pounds to defray the expence of printing the same and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public to which we desire your Honours Concurrence thereto

R. CASWELL Speaker

In the Assembly 23rd Dec 1771.
In the upper House 23rd Dec 1771—Concurred with

Received from the Assembly the following Resolve

Gentlemen of His Majestys Honble Council,

This House have Resolved that James Bazzie be allowed the sum of twenty five pounds for preparing and firing the Artillery for the Army and making cartridges & bags of grape shot for the swivel guns and field pieces. That the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public to which we desire your Honours Concurrence

R. CASWELL Speaker

In the Assembly 23d Dec 1771.
By order
J. Green Junr Clk

In the upper House 23d Dec 1771. Concurred with
-------------------- page 134 --------------------

Received from the Assembly the following Resolve Vizt

Gentlemen of His Majestys Honble Council,

This House have Resolved that Robert Campbell Deputy Adjutant General be allowed fifteen pounds for extra services in the late expedition against the Insurgents and desire your Honours Concurrence thereto.

R. CASWELL Speaker.

In the Assembly 23rd Dec. 1771. By order.
In the upper House 23rd Dec. 1771. Concurred with.

Received from the Assembly the estimate of that House which was on motion read and concurred with and sent back.

Then on Motion the estimate of this House was taken under consideration approved of and sent to the Assembly for their concurrence.

Received from the Assembly the estimate of this House. Concurred with.

Then His Excellency the Governor was pleased by a verbal Message to both Houses of Assembly to command their attendance in the Council Chamber at 5 oClock this afternoon. At which time they accordingly attended, and the Speaker presented to His Excellency the following Acts for his Assent which he passed vizt.

1st. An Act for imposing a Tax of two shillings proc. money pr poll on all taxable persons within this Province and for granting the money arising from such tax to His Majesty his heirs and successors to be applied as hereinafter directed.

An Act for amending an Act entitled “An Act for erecting in the Town of Salisbury a public gaol, pillory and stocks for the district of Salisbury in this Province.”

An Act for appointing and impowering Thomas Moore of Anson County, and James McCoy of Rowan County, to collect and receive the Taxes which are due from the Inhabitants of the said County, for the year 1770.

An Act to impower the Church Wardens and vestrymen of the Parish of St Gabriel in the County of Duplin to sell the Glebe in the said Parish and County.

An Act to amend an Act intitled “An Act to encourage the destroying of vermin in the several Counties therein mentioned.”

An Act to amend an Act intitled “An Act for founding, establishing and endowing Queens College in Mecklenburgh County.”

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An Act to impower the Officers therein mentioned in certain cases to take the poll at the election of Members to serve in the General Assembly.

An Act for laying out a public road from the Frontiers of this Province thro the Counties of Mecklenburg, Rowan, Anson and Cumberland to Campbelton.

An Act 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.

An Act to amend an Act intitled An Act for the regulation of the Town of Wilmington.

An Act to alter the method of working upon the roads in the Counties therein mentioned.

An Act for the further enabling Francis Lock, Andrew Allison, Griffith Rutherford and Wm Temple Cole former Sheriffs of Rowan County to collect the arrearages of Taxes.

An Act to indemnify such Persons who have acted in defence of Government and for the Preservation of the Public Peace of this Province during the late Insurrection from vexatious suits and Prosecutions.

An Act for building a Court House in the Town of Salisbury for the District of Salisbury.

An Act to impower the Freeholders of the several Parishes therein mentioned to elect vestries for their respective Parishes.

An Act for laying out a Town on the Land of Richard Evans in Pitt County by the name of Martinborough.

An Act for erecting in the Town of Hillsborough a public gaol and gaolers house for the district of Hillsborough in this Province.

An Act to enable the Freeholders of the Parish of Saint John in the County of Pasquotank, to elect a Vestry, and provide for their poor.

An Act to amend an Act for regulating the several Officers fees within this Province, and ascertaining the method of paying the same.

An Act to amend an Act, Intitled an Act, what fences are sufficient, and to amend and continue an Act, relating to taking up stray horses.

An Act for appointing an Agent to solicit the affairs of this Province at the several Boards in England.

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An Act for further amending an Act intitled an Act for the better regulation of the Town of New Bern and for securing the Titles of Persosn who hold lots in the said Town.

An Act for the better regulating the Pilotage of Cape Fear River and other purposes.

Then His Excellency was pleased to dissolve the Assembly, and it was dissolved accordingly.