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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 10, 1771 - December 23, 1771
Volume 09, Pages 136-225


House of Assembly.

North Carolina—

At an Assembly began and held at New Bern the Nineteenth Day of November in the Twelfth year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain France and Ireland, King, Defender of the Faith &ca and in the year of our Lord One Thousand Seven Hundred and Seventy one, being the Second Session of this Present Assembly.

Mr Speaker and Thirty three Members appeared.

Mr Maurice Moore
Mr John Ashe
Mr William Dickson
Mr William Thomson
Mr Jacob Shepard
Mr Robert Howe
Mr William Davis
Mr James Bonner
Mr Moses Hare
Mr Wyriot Ormond
Mr Jacob Blount
Mr Christopher Neale
Mr James Blount
Mr Samuel Johnston
Mr John Woodhouse
Mr Henry White
Mr Cornelius Harnett
Mr Thomas Gray
Mr Aquilla Sugg
Mr Elward McSwain
Mr Rotheas Latham
Mr Thomas Polk
Mr William Cray
Mr Richard Ward
Mr Richard Evans
Mr Thomas Neill
Mr William Moore
Mr Willie Jones
Mr William McRee
Mr Edward Hare
Mr William Slade

On motion, Ordered, that Mr Willie Jones and Mr Thomson wait on His Excellency the Governor, and acquaint him the House is met, and desire to know when they shall wait on him, being returned brought for answer, that His Excellency would send a Message when he would receive them.

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The Clerk of the Crown having Certified that Hugh Waddell Esquire is duly elected a Member for Bladen County, in the room of Mr. John Gibbs deceased, the said Hugh Waddell appeared.

Received from his Excellency the Governor a verbal message by Mr. Burgwin requiring the immediate attendance of the House at the Palace

The House waited on His Excellency the Governor in the Palace when His Excellency was pleased to make a speech to His Majestys Honble Council and this House.

Mr Speaker with the members being returned, Mr Speaker reported that His Excellency the Governor had made a speech to the Council and this House; a Copy of which to prevent Mistakes he had obtained, and laid the same before the House.

Then on Motion Ordered the said Speech be read. Read the same and it is as follows to wit—

[For Governor's Speech see Journal of the Upper House, page 101, ante.]

On Motion Resolved, the House take into Consideration His Excellency the Governors Speech tomorrow.

Then the House adjourned 'till Tomorrow Morning 10 oClock.


Wednesday November 20th 1771.

The House met according to Adjournment.

Mr John Dunn the Member of Salisbury, Mr Matthew Locke and Mr Griffith Rutherford, Members for Rowan County, Mr Ferquard Campbell one of the Members of Cumberland County, and Mr James Picket, one of the Members of Anson County appeared

Mr William Field and Mr John Kimbrough, the two Elected Members for Guilford County appeared.

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

Mr Speaker and Gentlemen of the House of Assembly,

His Majesty, by his Royal Instructions having Commanded me to Administer, or cause to be administered, to the Members and Officers of His Majestys Council, and to the Members of the Assembly, and to all Officers whatsoever throughout this Province the

-------------------- page 138 --------------------
Several Oaths appointed by Acts of Parliament to be taken to Government; and it appearing that the Oath of Abjuration, as altered by an Act of the 6th year of His Majestys Reign hath never yet been in use in this Province, I have thought proper to accompany this Message with a Copy thereof to the end that it may be Administered Accordingly

JO. MARTIN

November 20th 1771.

On Motion Ordered that the following Message be sent to his Excellency the Governor

To His Excellency, Josiah Martin Esquire Captain General, Governor &ca

Sir,

This House ever Willing to Testify their Allegiance to their Sovereign, and inviolable Attachment to His Royal Person and Government, are ready to take the Oath of Abjuration prescribed by an act of the 6th year of His Majesty's Reign whenever your Excellency shall appoint some of the Members of His Majestys Council to see the same Administered

R. CASWELL Sp.

Sent by Mr Cray and Mr Davis

Then the House Adjourned 'till 4 oClock in the afternoon

The House met according to adjournment.

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

Mr Speaker and Gentlemen of the Assembly,

I have issued a Commission to His Majestys Council, impowering that Board or any two of its Members to Administer the Oaths of Government, and they will attend your House for that purpose on your Application.

JO. MARTIN.

On Motion ordered Mr Ashe and Mr James Blount wait on the Council and desire them to send some of their Members to see the Members of this House qualified.

The Honble John Rutherford and Samuel Cornell Esqr two of His Majesty's Council came to the House, when Mr Maurice Moore, Mr Harnett, Mr Ashe, Mr Thomas, Mr Shepard, Mr Howe, Mr Davis,

-------------------- page 139 --------------------
Mr Bonner, Mr Edward Hare, Mr Moses Hare, Mr Jacob Blount, Mr Christopher Neale, Mr James Blount, Mr Johnston, Mr Woodhouse, Mr White, Mr Dickson, Mr Gray, Mr Sugg, Mr Nash, Mr McSwain, Mr Latham, Mr Polk, Mr Cray, Mr Ward, Mr Evans, Mr Thos Neill, Mr William Moore, Mr Willie Jones, Mr McRee, Mr Slade, Mr Locke, Mr Dunn, Mr Rutherford, Mr Picket and Mr Ferquard Campbell, took the Oath of Abjuration as altered by the late Act of Parliament, and Mr John Harvey, Mr James Moore, Mr Hugh Waddell, Mr Isaac Brooks, Mr William Field, and Mr John Kimbrough, were qualified by taking the Several Oaths by Law appointed for qualification of Public Officers, and repeating and Subscribing the Test.

The order of the day being read, on Motion ordered, That Mr Maurice Moore, Mr Samuel Johnston, and Mr Abner Nash, be a Committee to prepare an Address, in Answer to His Excellency the Governor's Speech, and report the same to the House for approbation.

Then the House Adjourned 'till Tomorrow Morning 10 oClock.


Thursday November 21st 1771.

The House met according to Adjournment.

Mr Thomas Person one of the Members of Granville, and Mr Joseph Montfort the Member for the Town of Halifax appeared.

The House being informed that Mr Richard Brownrigg one of the Members of Chowan County, Mr Lillington Lockhart one of the Members for Bertie, Mr Benjamin Person, one of the Members for Bute County, Mr John Pryor one of the Members for Orange County, and Mr John Skinner, one of the Members for Perquimans County are Dead.

On motion Resolved, that His Excellency the Governor be addressed to direct the Clerk of the Crown to issue Writs to the said Respective Counties for Electing Members to sit and vote in the Present Assembly, in the room and stead of the said Richard Brownrigg, Lillington Lockhart, Benjamin Person, John Pryor, and John Skinner.

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

-------------------- page 140 --------------------

To His Excellency Josiah Martin Esquire, Captain General, Governor &ca

Sir,

This House being informed that Mr Richard Brownrigg one of the Members for Chowan County, Mr Lillington Lockhart, one of the Members for Bertie County, Mr Benjamin Person, one of the Members for Bute County, Mr John Pryor one of the Members for Orange County, and Mr John Skinner, one of the Members for Perquimans County, are dead, therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue writs to the said respective Counties, for electing Members to sit and vote in the present Assembly in the room and stead of the said Richard Brownrigg, Lillington Lockhart, Benjamin Person, John Pryor and John Skinner.

Sent by Mr James Blount and Mr Shepard.

The Clerk of the Crown having Certified that Mr Robert Lanier and Mr Richard Gorde, were duly Elected and returned representatives for the County of Surry, pursuant to which Mr Robert Lanier Appeared.

Then the House Adjourned till 3 oClock this Afternoon.

The House met according to adjournment.

Mr Francis Mackilwean and Mr William McKinnie, the Members for Dobbs County, and Mr John Campbell, one of the Members for Bertie County appeared.

Then the House adjourned till tomorrow morning 10 oClock.


Friday November 22d 1771.

The House met according to adjournment.

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

Mr Speaker and Gentlemen of the House of Assembly,

Pursuant to the desire of your House, by its message of yesterday, I have directed the Clerk of the Crown to issue writs for the Election of a Representative in each of the Several Counties of Chowan, Bertie, Bute, Orange and Perquimans in the room of the Deceased Members.

JO. MARTIN.
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The Honble Alexander McCulloch and Samuel Cornell Esquire two of the Members of Council, came to the House; and Mr Joseph Montfort, Mr Thomas Person, Mr William McKinnie, Mr Francis Mackilwean, Mr John Campbell, and Charles Robinson took the Oath of Abjuration, as directed by the Act of the 6th of George the third Chap: 53; and Mr Robert Lanier was qualified by taking the Several Oaths by Law appointed for the qualification of Public Officers, and repeating and Subscribing the Test.

On Motion ordered, that Mr Cornelius Harnett, Mr Samuel Johnston, Mr Abner Nash, Mr Christopher Neale, Mr William Thomson, Mr William Cray, Mr Jacob Shepard, Mr John Harvey and Mr James Moore be appointed a Committee of Public Accounts, And That Mr Jacob Blount, Mr Jas Blount, Mr William Davis, Mr Ferquard Campbell, Mr Thomas Polk, Frans Mackilwean, Mr John Dunn, Mr Thomas Gray, Mr Thomas Neill, Mr Griffith Rutherford, and Mr William Dickson be appointed a Committee of Public Claims in Conjunction with such of the Members of His Majesty's Honble Council, as they shall think fit to appoint.

And the following Message be sent to the Council, Vizt

Gentlemen of His Majesty's Honble Council,

This House has appointed Mr Harnett, Mr Johnston, Mr Nash, Mr Christopher Neale, Mr Thomson, 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 Ferquard Campbell, Mr Polk, Mr Mackilwean, Mr Dunn, Mr Gray, Mr Thomas Neill, 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.

R. CASWELL, Sp.

Sent by Mr Jacob Blount and Mr Shepard.

Mr. Maurice Moore, from the Committee appointed to prepare an Address, in Answer to his Excellency the Governors Speech, informed the House, that the said Committee had prepared the same, which he read in his place and delivered in at the Table where the same was again read.

Ordered, the same stand the Address of this House, and be entered on the Journal, to wit,

-------------------- page 142 --------------------

To his Excellency Josiah Martin Esquire His Majesty's Captain General, Governor, and Commander in Chief in and over the Province of North Carolina,

May it please your Excellency,

We His Majesty's most dutiful and Loyal Subjects the Representatives of the province of North Carolina, return your Excellency our Thanks for your Speech at the opening of this Session.

Permit us Sir, to Congratulate you on your appointment to the Government of this Province. This mark of Royal Approbation truly Honorable to you, affords every pleasing Prospect of future Felicity to us. The Administration of a Gentleman Distinguished by a King, who ever wishes to promote the Happiness of his Subjects, we assure your Excellency, is extremely acceptable to this Country.

Public Measures pointing to the Honor of the Crown, or the prosperity of this Colony, have always met with Public Approbation; and we are persuaded that your administration will merit every support which may be in the power of this, or any future Assembly, to give it.

We are happy in the Assurances your Excellency has given us, that our Conduct, in a time full of Danger and Difficulty, has been well pleasing to the King; and we thank you for the kind Congratulations with which you have been pleased to Honor us, on the Restoration of peace, and Good order to this Province.

The Spirited Conduct of Governor Tryon, and the Bravery of the Officers and Troops who Served under him in the Expedition against the Insurgents, deserve the Acknowledgements of the whole Country; And it shall be our Care to make as Ample provision for defraying the Expences of that Important Service as the Exhausted state of the Public funds will admit of.

Prohibited as we are by Act of Parliament from the use of Paper Money, the Inconveniences Arising from a want of Specie to serve as a Medium of Trade, (Common in all young Countries,) are Changed into real Distress; Equally felt, and equally to be Lamented by Individuals and by the Public.

We earnestly wish Sir, that the only mode for Paying the Public Debts, which the Circumstances of this Colony will permit us to adopt, may prove just and satisfactory to the Public Creditors.

We shall chearfully provide for the Maintenance of the Garrison of Fort Johnston; such a measure we consider as being necessary to

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the safety of one of the Principal Trading ports in this Province. Every other thing your Excellency has been pleased to recommend, shall meet with that attention their Importance require.

R. CASWELL, Speaker.

Mr Maurice Moore moved that a Committee be appointed to prepare and bring in 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, and Mr Moore, Col Harvey, Mr Harnett, Mr Willie Jones, Mr Howe and Mr Montfort, were Accordingly Appointed.

Then the House Adjourned till Tomorrow Morning 10 oClock.


Saturday November 23d 1771.

The House met according to Adjournment.

On Motion ordered, That Mr. Dunn, and Mr Gray wait on His Excellency the Governor, and inform him, that the House has prepared an Address, in answer to his Speech, and desire to know when they shall wait on him to present the same; who being returned, brought for answer, that His Excellency would receive the same on Tuesday next at Twelve oClock.

Then the House Adjourned 'till Monday next 12 oClock.


Monday November 25rh 1771.

The House met according to Adjournment.

The Clerk of the Crown having certified, that Mr Thomas Hines, and Mr Benjamin Hardy, were duly Elected and returned Representatives for the County of Wake, pursuant to which they appeared.

Mr Joseph Hewes, one of the Members of Chowan County, Mr William Alston one of the Members for Chowan County, and Mr Thomas Eaton one of the Members of Bute County appeared.

The Clerk of the Crown having certified that Mr John Wilcox, and Mr Isaac Brooks were duly Elected and returned Representatives for the County of Chatham; pursuant to which the said Mr Wilcox and Mr Brooks appeared.

Then the House adjourned till Tomorrow morning 10 oClock.


Tuesday November 26th 1771.

The House met according to adjournment.

Mr Mackilwean presented a Certificate from the Inferior Court of Dobbs County, therein recommending William Curlu to be Exempt

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from paying public Taxes, and doing Public duties. Ordered to be exempt Accordingly.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committees this House have appointed the Honble John Rutherford, Alexander McCulloch, William Dry, Samuel Cornell, and Marmaduke Jones Esquires a Committee of this House, to Examine, state and settle the Public Accounts; and the Honble Lewis Henry DeRosset, John Sampson, Martin Howard, Esquires, and Sir Nathaniel Dukenfield Baronet, a Committee of this House to settle and allow the Public Claims.

The Honble Sir Nathaniel Dukenfield, Baronet, and Marmaduke Jones Esquire, two of His Majestys Council, came to the House, and Mr William Alston and Joseph Hewes took the Oath of Abjuration as altered by the late Act of Parliament, and Mr John Wilcox, Mr Isaac Brooks, Mr Benjamin Hardy and Mr Thomas Hines, were qualified, by taking the several Oaths by Law appointed for the qualification of Public Officers and repeating and subscribing the test.

Mr James Moore having moved that Mr Justice Moore have leave to absent himself from the service of this House, in order to attend the Superior Court of Wilmington, which being objected to, and being detained in the service of the House; Whereupon it is

Resolved, That the Treasurer be directed to pay the said Mr Justice Moore the sum of —— in Lieu of the Sum he would have been by law intitled to, had he attended the said Court.

On Motion, ordered, the Nays be taken down on the said question, and are as follows, to wit, Messrs. Thos. Person, Griffith Rutherford, William Moore, Thos. Neill, James Picket, Robert Lanier and Isaac Brooks.

Mr John Wilcox moved for leave to absent himself from the service of the House.

Mr Ferquard Campbell moved for leave to absent himself from the Service of this House.

Ordered they have leave accordingly.

Mr Speaker with the House waited on His Excellency the Governor in the palace and presented him with the Address of this House; and being returned, Mr Speaker reported that he with the House had waited on His Excellency the Governor, and presented

-------------------- page 145 --------------------
him with the Address, to which his Excellency was pleased to return an answer, a copy of which, to prevent mistakes he had obtained, and laid the same before the House.

Ordered the same be read. Read the same; and is as follows:

Mr Speaker and Gentlemen of the House of Assembly,

I return you my Hearty thanks for this Address. My best acknowledgements are due to you Gentlemen, for your Congratulations on my appointment to this Government, and of your assurances that it is acceptable to this province; than which nothing can be more grateful to me.

Devoted to his Majesty's Service, I shall uniformly endeavour to promote the Honour and Prosperity of this Country, heartily wishing to Justify your Obliging Expectations of my Administration.

Your readiness to provide for the public Exigencies, does you Credit, and gives me real pleasure. I trust Gentlemen, you will adopt such Expedients in that Business, as shall be agreeable to the Legislature, and Satisfactory to the Public Credit.

JO. MARTIN.

New Bern Nov. 26th 1771.

Mr Thomas Gray Presented Sundry Certificates from the Inferior Court of Duplin County, therein recommending Edward Ward, William Duff, John Bishop, and Alexander Downey, to be exempt from the payment of Public Taxes, and doing Public Duties.

Mr Thomas Neill presented two Certificates from the Inferior Court of Tryon County, therein recommending William Logan and Robert Davis to be exempt from the payment of Public Taxes, and doing Public duties.

Mr James Picket presented Sundry Certificates from the Inferior Court of Anson County therein rcommending William Morris, Charles Smith, John Hornbeck; John Seago, and George Sweating, to be exempt from the payment of Public Taxes and doing Public Duties. Ordered they be Exempt accordingly.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday November 27th 1771.

The House met according to adjournment.

Mr Lanier presented two Certificates from the Inferior Court of Surry County, therein recommending Jos Philips and Thomas

-------------------- page 146 --------------------
Hugan Dunton, to be exempt from paying Public Taxes and doing Public duties. Ordered they be exempt accordingly.

The Honble Sir Nathaniel Dukenfield Baronet, and Marmaduke Jones Esquire, two of His Majesty's Council came to the House, and Mr Thos Eaton took the Oath of Abjuration as prescribed by the late Act of Parliament.

Mr Harnett moved for leave to present a Bill to amend an Act Intitled an Act for the Regulation of the Town of Wilmington.

Ordered he have 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 Hewes and Mr Montfort.

On Motion ordered, That Mr Joseph Hewes be added to the Committee of Public Accounts, and that Mr Thomas Eaton be added to the Committee of Public Claims.

Mr Montfort presented Sundry Certificates from the Inferior Court of Halifax County therein recommending John Daniel, Richard Nail and John Wiggins, to be exempt from the payment of Public Taxes and doing Public duties.

Mr Thomas Eaton presented two Certificates from the Inferior Court of Bute County, therein recommending Waugh Darnal, his son Waugh, and Moses Kennit to be exempt from the payment of Public Taxes, and doing Public duties.

Ordered they be exempt Accordingly.

Mr Person presented a petition from Sundry Inhabitants of Granville County, setting forth, that they Labour under a heavy and burthensome Tax, which the Exigences of Government has hitherto made necessary, and that the Vestry of their parish, without duly considering the present circumstances of Government, and the heavy Taxes that shortly must be assessed, having engaged with the workmen to Build two Churches; praying that the said Vestry, and such Workmen may be discharged from their Engagement.

On motion ordered that Mr Person have leave to prepare and bring in a Bill pursuant to the Prayer of the said Petition.

Mr Person presented a Petition from Sundry of the Inhabitants of Granville County, praying an Act may pass for Exempting the Wives and Daughters of free Negroes and Mulattoes from paying Taxes.

-------------------- page 147 --------------------

On Motion, Ordered, That Mr Person have leave to prepare and bring in a Bill pursuant to the Prayer of the said Petition.

Mr. Robertson moved for leave to present 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 1770.

Ordered he have leave accordingly.

Mr Robertson 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 Robertson and Mr Slade.

Mr Slade moved for leave to present a Bill for erecting part of the Counties of Halifax and Tyrrel into a County and Parish.

Ordered he have leave accordingly.

Mr Slade 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 Robinson and Mr Slade.

Mr Person presented a petition from Sundry of the Inhabitants of the North part of Orange County, praying a Division of the said County &c

On motion ordered Mr Person have leave to prepare and bring in a Bill pursuant to the prayer of the said petition.

Mr Person pursuant to order 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 Robinson and Mr Slade.

Mr William Moore moved for leave to present a Bill to Impower Thomas Neill and Isaac Price to keep a Public Ferry across the Catawba River.

Ordered he have leave accordingly.

Mr Wm. Moore 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. Robinson and Mr Slade.

Mr Rutherford presented a Petition from the Inhabitants of the Western part of Rowan County, praying a Division of the said County

On motion ordered Mr Rutherford have leave to prepare and bring in a Bill pursuant to the prayer of the said Petition.

-------------------- page 148 --------------------

Mr Rutherford pursuant to order 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 Robinson and Mr Slade

Then the House adjourned 'till tomorrow morning 10 oClock.


Thursday November 28th 1771.

The House met according to adjournment.

Mr Howell Edmunds, one of the members for the County of Northampton appeared

Mr Montfort, from the Committee to prepare and bring in 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, 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 Genl Waddell and Col Ashe.

Recd from the Council the 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 1770. In the upper House, read the first time and passed.

Mr Ashe moved for leave to prepare and bring in a Bill for Granting to His Majesty a duty on Spirits, for the purpose of amending the Navigation of this Province, and other purposes

Ordered he have leave accordingly.

Mr Justice Moore Moved for leave to prepare and bring in a Bill to Indemnify such persons who have acted in Defence of the Government, and for the preservation of the Public peace of this Province, during the late Insurrection, from Vexatious Suits and prosecutions, and to pardon the Misguided offenders, Concerned in the said Insurrection in the Frontier parts of this Province.

Ordered he have leave accordingly.

Mr Nash moved for leave to present 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 Court.

-------------------- page 149 --------------------

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 Ormond and Mr Gray.

Recd from the Council the Bill to amend an Act, Intitled an Act, for the regulation of the Town of Wilmington.

Endorsed, In the upper House, read the first time and passed.

Mr Rutherford moved for leave to present a Bill to amend an act, Intitled, an Act for the Regulating the Several Officers Fees within this Province, and ascertaining the method of paying the same.

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 Evans.

Mr Evans moved for leave to present a Bill to amend an Act, Intitled an Act what Fences are Sufficient.

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 agaid read, passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Evans.

Mr Nash moved for leave to present 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 Saint Bartholomews Parish.

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 Hardy and Mr Brooks.

Recd from the Council the 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.

Endorsed, In the upper House, read the first time and passed.

Mr Hardy presented the Petition and Affidavit of James Alford of Wake County Setting forth that on the 28th day of April last the

-------------------- page 150 --------------------
Dwelling House of the said James Alford was Consumed by fire, in which was Twenty eight pounds five shillings Proc. Money, of this Province, which was Totally destroyed, Praying to be allowed the same.

On motion, Resolved, That the said James Alford be allowed the said sum of Twenty eight Pounds five Shillings proc Money 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.

On Motion Ordered, the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

This House have Resolved that James Alford of Wake County be allowed £28 5s. 0d. out of the Sinking fund, he having made it appear, that on the 28th of April last a Sum equal to that in Proclamation Money was in his Dwelling House totally destroyed, to which we desire your Honors Concurrence.

Rd CASWELL, Speaker.

Sent by Mr Hardy and Mr Brooks.

Mr Justice Moore presented the Petition and affidavit of Robert Howe, of Brunswick County setting forth that on the Ninth day of the present Month (November) he lost the Sum of Three Hundred and Forty eight pounds proc money of this Province, which was entirely destroyed, and can never again come into Circulation; praying to be allowed &c.

On motion, Resolved, That the said Robert Howe be allowed the said sum of three hundred and forty eight pounds proc. money, 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.

On motion Ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

This House have Resolved, That Robert Howe Esquire 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 this 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 Honors concurrence thereto.

R. CASWELL, Sp.
-------------------- page 151 --------------------

Sent by Mr Howe and Mr Blount

Recd from the Council the following Bills:

The Bill for Erecting the North part of Orange County, into a distinct County and Parish by the name of —— County and parish of ——

The Bill for dividing the Western part of Rowan County, and Erecting a new County and Parish by the name of —— County and —— Parish

The Bill for Erecting part of the Counties of Halifax and Tyrrel into a County and Parish.

The Bill to amend an Act, Intitled an Act what Fences are sufficient

The 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. Endorsed, in the upper House, read the first time and passed.

Then the House adjourned till tomorrow morning 10 °Clock.


Friday Morning November 29th 1771

The House met according to adjournment.

Mr McRee moved for leave to absent himself from the Service of the House

Mr. Willie Jones moved for leave to absent himself from the Service of the House

Then the House adjourned till tomorrow morning 10 °Clock


Saturday November 30th 1771.

The House met according to adjournment.

Mr Gray moved for leave to present a Bill to impower the Church Wardens and Vestrymen in the Parish of St. Gabriels in the County of Duplin to sell the Glebe.

Ordered he have leave accordingly.

Mr Gray 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 Dickson.

On motion of Mr Cray, ordered, That Mr Cray, Mr Thomson, Mr James Moore, and Mr. Christopher Neale be discharged from their attendance on the Committee of Public Accounts, while the accounts of the late Expedition are adjusting, they having been Officers in

-------------------- page 152 --------------------
the Service of the Country in that Expedition; and that Mr Harnett, Col Harvey, Mr Johnston, Mr Hewes, Mr Nash, Mr Shepard, and Mr Davis, be a select Committee for Adjusting, Settling and allowing the same.

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 a second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Gray and Mr Dickson.

On motion, Ordered the Bill for appointing and impowering Francis Moseley of Anson County to collect and receive the Taxes which are due from the Inhabitants of the said County 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 Gray and Mr Dickson.

Mr Ormond moved for leave to present a Bill for laying out a Town on the Land of Richard Evans, in Pitt County by the name of ——

Ordered he have leave Accordingly.

Mr Ormond 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 Ormond and Mr Lanier.

Mr Ormond moved for leave to present a Bill 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.

Ordered he have leave Accordingly.

Mr Ormond 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 Ormond and Mr Lanier.

Mr James Bonner presented the Petition of Sundry of the Inhabitants of the Counties of Beaufort and Pitt, for altering the Dividing Lines between said Counties, and praying a Town may be Erected at the head of Pamlico, on the Plantation of Major James Bonner, and William Boyd, a Minor.

On Motion, Ordered, Mr Bonner have leave to prepare and bring in a Bill pursuant to the prayer of the said Petition.

-------------------- page 153 --------------------

Mr Bonner 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.

Mr Howe presented the Petition of Sundry Inhabitants of Surry County praying that there may be an Alteration in running the dividing line between Rowan and Surry Counties, which Alteration will greatly facilitate the Inhabitants of the North part of Rowan County, Enable the Inhabitants of Surry County to Erect their Public Buildings and the same pass into a Law.

On Motion Ordered, That Mr Howe have leave to prepare and bring in a Bill pursuant to the prayer of the said petition.

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 Bonner and Mr Stewart.

Mr Dunn moved for leave to present a Bill for amending an Act Intitled, an Act for Erecting in the Town of Salisbury, a Public Gaol, Pillory and Stocks, for the District of Salisbury in this Province.

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 Bonner and Mr Stewart.

Mr Justice Moore moved for leave to bring in a Bill for Establishing a Court of Chancery, Consisting of the Governor and Council for the time being, or any five of them, with allowance 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.

Ordered, That Mr Justice Moore have leave to prepare and bring in the said Bill Accordingly.

Recd from the Council the Bill to amend 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. Endorsed, In the upper House, read the first time and passed.

Mr Andrew Knox, one of the Members for Perquimans County, Mr Alexander Stewart, one of the Members for Pitt County, Mr

-------------------- page 154 --------------------
William Haywood, one of the Members for Edgecombe County appeared.

The Honble Sir Nathaniel Dukenfield Baronet, and Marmaduke Jones Esquire two of his Majestys Council came to the House, and Mr Howell Edmunds, Mr Knox, Mr Stewart and Mr Haywood took the Oath of Abjuration, as prescribed by the late Act of Parliament.

On motion ordered that Mr Knox and Mr Stewart be added to the Committee of Public Accounts, and on the Select Committee for adjusting, settling and allowing the accounts on the late Expedition.

Recd from the Council the two Resolves of this House of the 28th Instant, for allowing the sum of £348, to Robert Howe Esqr and the Sum of Twenty eight pounds five Shillings to James Alford.

Endorsed, In the upper House Concurred with.

JAs HASELL, P.

Mr Ashe presented the petition and affidavit of David Pollock praying an allowance may be made to him for so much paid the Doctors for curing a wound he received by one of the Criminals in Wilmington Gaol.

On Motion Resolved, That David Pollock be allowed the sum of Twenty five pounds for so much paid the Doctors for Curing a wound given him by one of the Criminals, in attempting to prevent the said Criminals Escape, to be paid by the public Treasurer out of the Contingent fund.

On Motion, Ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majesty's Honble Council,

This House have Resolved that David Pollock keeper of the Wilmington Gaol be allowed the Sum of Twenty five pounds for so much paid the Doctors for Curing a wound given him by one of the Criminals in attempting to prevent the said Criminals Escape, to be paid by the Treasurer, out of the Contingent fund, and Desire your Honors Concurrence thereto.

R. CASWELL, Speaker.

Sent by Mr Moore and Col Thomson.

On Motion Ordered the following Message be sent to His Excellency the Governor Vizt

-------------------- page 155 --------------------

To his Excellency Josiah Martin Esquire, Captain General, Governor &ca,

Sir,

This House have Resolved that the sum of Three Hundred and Forty eight pounds be allowed to Robert Howe Esquire, and also the sum of Twenty eight pounds five shillings, to James Alford, a Copy of which, concurred with by His Majesty's Honble Council we herewith send, and request your Excellencys assent thereto.

R. CASWELL, Speaker.

On Motion Ordered, That Mr Ormond, and Mr McSwain have leave to absent themselves from the service of the House till Wednesday next.

Mr Howe moved for leave to present a Bill for the further enabling Francis Locke, Andrew Allison, Griffith Rutherford, and William Temple Coles, former Sheriffs of Rowan County to Collect the Arrearages of Taxes.

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 Rutherford and Mr Locke.

Recd from the Council the following Bills, to wit,

The Bill 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 &ca.

The Bill for amending an Act, Intitled an Act, for erecting in the Town of Salisbury a public Gaol, pillory, and stocks, for the District of Salisbury, in this Province.

A Bill for altering the Dividing Lines between the Counties of Beaufort and Pitt.

The Bill to Impower the Church Wardens and Vestrymen of the Parish of St Gabriels in Duplin County, to sell the Glebe in the said Parish and County.

The Bill for annexing part of the County of Rowan to the County of Surry. Endorsed, In the upper House, read the first time and passed.

Then the House adjourned till Monday Morning 10 oClock.

-------------------- page 156 --------------------


Monday December 2d 1771.

The House met according to adjournment.

Mr Edmunds presented two Certificates from the Inferior Court of Northampton County therein recommending Anne Wells, a free Negro Woman, and Benjamin Person to be Exempt from the payment of Public Taxes.

Ordered they be exempt accordingly.

Mr Hardy moved for leave to present a Bill to amend an Act Intitled 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 at the several Elections in the Counties and Towns in this Province.

Ordered he have leave accordingly.

Mr Hardy 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 Hardy and Mr Kimbrough.

Mr Kimbrough moved for leave to present a Bill for altering the place fixed upon by the Commissioners for Building a Court House, prison and stocks, in the County of Guilford.

Ordered he have leave accordingly.

Mr. Kimbrough 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 Hardy and Mr Kimbrough.

Mr John Hooker, one of the Members for the County of Tyrrill appeared.

The Honble John Sampson and Samuel Cornell Esqrs two of His Majesty's Council came to the House, and Mr John Hooker 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 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. Endorsed, In the upper House, read the first time and passed.

-------------------- page 157 --------------------

Also the Resolve of this House, for allowing David Pollock the sum of Twenty five pounds. Endorsed, In the upper House, read considered and concurred with.

JAMES HASELL, P.

Mr. Harvey moved for leave to present a Bill for appointing an Agent to Solicit the Affairs of this Province at the several Boards in England.

Ordered he have leave accordingly.

Mr Harvey 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 Blount and Mr Haywood.

Recd from the Council the following Bills, towit,

The Bill to amend an Act, Intitled an Act to regulate Elections &ca

The Bill for altering the place fixed upon by the Commissioners for Building a Court House, prison and stocks, for the County of Guilford. Endorsed, In the upper House, read the first time and passed.

The Bill for appointing and impowering Francis Moseley of Anson County to Collect and receive the Taxes which are due from the Inhabitants of the said County for the year 1770. Endorsed, In the upper House, read the second time and passed.

On motion, Ordered the Bill to Impower the Church Wardens and Vestrymen of the Parish of Saint Gabriels, in the County of Duplin to sell the Glebe in the said Parish and County, 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 Dickson.

On motion ordered, that Mr Slade have leave to absent himself from the service of the House

On motion ordered, the Bill to amend an Act Intitled an Act for erecting in the Town of Salisbury a public Gaol, pillory and Stocks, for the district of Salisbury in this Province be read the second time Read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Locke and Mr Dickson

Recd from His Excellency the Governor the two Resolves of this House the one for allowing the sum of £348. to Robert Howe

-------------------- page 158 --------------------
Esquire the other for allowing the sum of £28:5:0, to James Alford. Assented to.

Also the following Message, to wit,

Mr Speaker and Gentlemen of the House of Assembly.

I return the Resolves of your House, allowing Robert Howe Esquire the sum of £348. and James Alford the sum of £28:5:0, With my assent thereto.

JO. MARTIN.

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

To his Excellency Josiah Martin Esquire, Captain General, Governor, &ca,

Sir,

We herewith send your Excellency a Resolve of this House, for allowing the sum of £25. to David Pollock, Concurred with by His Majesty's Council, and requests your Excellency's assent thereto.

R. CASWELL, Sp.

Sent by Col. Cray and Col. Davis.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday December 3d 1771.

The House met according to adjournment

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 a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Blount and Mr Haywood.

Mr Kimbrough moved for leave to present 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 Vestrymen in the room of those heretofore Elected for the said Parishes.

Ordered he have leave accordingly.

Mr Kimbrough 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 Blount and Mr Haywood.

-------------------- page 159 --------------------

Recd from His Excellency the Governor the Resolve of this House of the 30th of November, for allowing the sum of £25. to David Pollock.

Also the following Message, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the resolve of your House, for allowing the sum of £25 to David Pollock, with my assent thereto.


December 3d 1771.
JO. MARTIN.

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

Recd from the Council the following Bills, to wit,

The Bill to Impower the Freeholders in the Parish of Unity in Guilford County and the Parish of Saint Margarets, in Wake County, to elect Vestrymen in the room of those heretofore Elected for the said Parishes.

The Bill for appointing an Agent to Solicit the affairs of this Province at the several Boards in England.

The Bill for further enabling Francis Locke, Andrew Allison, and Griffith Rutherford, and William Temple Coles, former Sheriffs, of Rowan County, to Collect Arrearages of Taxes. Endorsed, 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.

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.

The Bill for amending an Act, Intitled an Act, for erecting in the Town of Salisbury, a Public Gaol, pillory and stocks, for the District of Salisbury in this Province. Endorsed, In the upper House, read the second time and passed.

Mr Macknight, one of the Members for the County of Currituck appeared.

Then the House adjourned 'till tomorrow morning 10 oClock.

-------------------- page 160 --------------------


Wednesday 4th December 1771.

The House met according to adjournment.

Mr Polk moved for leave to present a Bill to continue an Act, Intitled an Act, to encourage the Destroying of Vermin in the several Counties therein mentioned.

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 passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Kimbrough.

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 Polk and Mr Kimbrough.

On motion, Ordered 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 County and Parish, be read the third time, read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Kimbrough.

Mr Dunn moved for leave to present a Bill for Building a Court House in the Town of Salisbury, for the District of Salisbury.

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 passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Kimbrough.

Recd from the Council the Bill for Electing part of the Counties of Halifax and Tyrril, into a County and parish. Endorsed, In the upper House, read the second time, amended and passed.

This House being informed that on the 7th day of March last, the Dwelling House of John Fulford was Consumed by fire in which he had the sum of Thirty Shillings proc. money, burnt and totally destroyed,

On motion, Resolved, That the said John Fulford be allowed the sum of Thirty Shillings to be paid out of the Sinking fund, by

-------------------- page 161 --------------------
either of the Public Treasurers, who shall be allowed the same in the settlement of their accounts with the Public.

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

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 day of March last, which we have directed to be paid out of the Sinking fund, and Desire your Honors Concurrence thereto.

Rd CASWELL Speaker.

Sent by Mr Neale and Mr MoKinnie.

The Honble Sir Nathaniel Dukenfield Baronet, and Marmaduke Jones Esqr two of His Majestys Council came to the House and Mr Thomas Macknight one of the Members for Currituck County, took the Oath of Abjuration as prescribed by the late Act of Parliament.

Recd from the Council the following Bills, towit

The Bill for Building a Court House in the Town of Salisbury, for the District of Salisbury.

The Bill to Continue an Act, Intitled an Act, to encourage the destroying of Vermin in the several Counties therein mentioned.

The Bill for the more easy and effectual method of collecting the Taxes in the Counties therein mentioned. Endorsed, In the upper House, read the first time and passed.

Also the Resolve of this House, for allowing thirty shillings to John Fulford.

Endorsed, in the upper House. Concurred with.

JAMES HASELL, P.C.

Mr Justice Moore pursuant to order presented the Bill 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; which he read in his place, and then delivered in at the Table, where the same was again read, passed, and ordered to be sent to the Council.

Sent by Col. Moore and Col. Eaton.

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

-------------------- page 162 --------------------

To His Excellency Josiah Martin Esquire, Captain General, Governor &ca

Sir,

We herewith send your Excellency a Resolve of this House for allowing John Fulford the sum of thirty shillings to which His Majesty's Council have concurred, and request your Excellencys assent thereto.

R. CASWELL, Sp.

On motion, ordered the Bill for erecting the North part of Orange County into a distinct County and Parish, by the name of Warwick County, and Parish of St Stephens, be read the second time. Read the same a second time and Rejected.

On motion, Ordered the Bill for annexing a part of the County of Rowan to the County of Surry, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lanier and Mr Field.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday December 5th 1771.

The House met according to adjournment.

On motion Ordered, the Bill to Continue an Act Intitled an Act to encourage the destroying the Vermin in the several 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 Lanier and Mr Field.

On motion Ordered, the Bill for altering the place fixed upon by the Commissioners, for Building a Court House, prison and stocks in the County of Guilford, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Lanier and Mr Field.

Mr Brooks presented a Petition from Sundry of the Inhabitants of Cumberland County bordering on Chatham County praying that a New County may be laid out, or that ten miles of Cumberland County, bordering on Chatham County may be added to Chatham County.

Ordered, Mr Brooks have leave to prepare and bring in a Bill pursuant to the prayer of the said Petition

Mr Brooks 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

-------------------- page 163 --------------------

Sent by Mr Lanier and Mr Field.

Genl Waddell moved for leave to present a Bill to alter the method of working upon the Roads in the counties therein mentioned

Ordered he have leave accordingly.

Genl Waddell 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 Lanier and Mr Field.

Then the House adjourned till tomorrow morning 10 oClock.


Friday 6th December 1771.

The House met according to adjournment.

Mr Polk moved for leave to present a Bill to amend an Act, Intitled an Act, for founding, establishing, and endowing of Queen's College, in the Town of Charlotte in Mecklenburg County.

Ordered that 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, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Dickson.

On motion Ordered the 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 Saint Bartholomew'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 Polk and Mr Dickson.

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

Sent by Mr Polk and Mr Dickson.

Mr Howe moved for leave to prepare a paper and bring in a Bill for the more certain and easy collection of His Majestys Quit rents.

Ordered he have leave accordingly.

Mr Harnett, moved for leave to prepare and bring in a Bill to amend an Act, Intitled an Act, for regulating the Pilotage of Cape Fear River, and other purposes.

Ordered he have leave accordingly.

-------------------- page 164 --------------------

Mr Macknight moved for leave to prepare and bring in a Bill for electing a Vestry for the Parish of St John, in the County of Pasquotank.

Ordered he have leave accordingly.

Mr Howe moved for leave to present 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.

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 Polk and Mr Dickson.

Mr Justice Moore pursuant to order presented the Bill for establishing the Court of Chancery, consisting of the Governor and Council for the time being, or any five of them with allowance as salaries to such of the Members as attend the same, and for the establishing Rules of the said Court, with fees to the Register and the other officers thereof, 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 Dickson.

Mr Ashe moved for leave to present 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.

Ordered he have leave accordingly.

Mr Ashe 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 Polk and Mr Dickson.

On motion ordered, the Bill to Impower the Freeholders of the Parish of Unity, in Guilford County, and the Parish of St Margarets, in Wake County, to elect Vestrymen in the room of those heretofore Elected for the said Parishes, be read the second time. Read the same a second time amended, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Dickson.

Mr Ashe Pursuant to order presented the Bill for granting to His Majesty a duty on Spirits, for the purpose of amending the Navigation of this Province; and other purposes, which he read in his place,

-------------------- page 165 --------------------
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 Dickson.

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

Mr Speaker and Gentlemen of the Assembly,

As I find the Business of my department in many cases unprovided for by Law, in which I have therefore no Guide, but the various practices of my Predecessors; and as I am desirous to walk exactly by Legal Prescription, I take this earliest occasion to recommend to your Consideration to Ascertain by Law, the fees to be received by me upon all occasions.

I have no doubt you will settle them upon such a footing as shall be just, reasonable, and honorable, and consistent with the Dignity of my office.

JO. MARTIN

December 6th 1771.

On motion, Ordered the 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 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 Rutherford.

Mr Howe moved for leave to present a Bill to confirm the Titles of such persons as have purchased Lands sold by Execution under the Statute of the 5th George II, Intitled an Act for the more easy recovery of Debts in His Majestys Plantations and Colonies in America.

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 Dunn and Mr Rutherford.

Mr Christopher Neale moved for leave to present 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.

Ordered he have leave accordingly.

-------------------- page 166 --------------------

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 Dunn and Mr Rutherford.

Mr Burgwin Clerk of the Committee of Accounts, pursuant to order laid before the House, a state of the Public Funds, by which it appears that on Account of the one shilling Tax imposed by the Act passed on the sixth day of April, in the 22 year of the Reign of his late Majesty, Intitled an Act for granting to his Majesty the sum of £21,350 Public Bills of Credit of this Province, at the rate of Proclamation Money, to be applied towards Building Fortifications in the Province payment of Public Debts, Exchanging the present Bills of Credit, and for making proper provisions for defraying the contingent Charges of the Government, and for repealing the several Laws hereinafter mentioned; and continued by another Act the 19th day of February, in the 27 year of the said Reign, Intitled an Act for granting to His Majesty the sum of £40,000, in Public Bills of Credit at the rate of Proclamation Money, to be applied towards defraying the expence of raising and subsisting the forces for his Majesty's Service in this Province to be sent to the assistance of His Majesty's Colony of Virginia, and for other purposes therein mentioned; and on account of the duty on Rum, Wine, and other Spiritous Liquors, there has at different times, been burnt and destroyed, the Sum of £53,104: 2: 0. That there is in the hands of the Treasurers and Sheriffs the Sum of £10,156: 18: 0 on account of the one shilling Tax, and that there is Outstanding in the hands of the Receivers of the duty of Rum, Wine and other Spiritous Liquors the sum of £2429: 7: 6 by which it appears that there has been already collected from the Inhabitants of this Province a sum more than equal to the whole amount of the proclamation Bills of Credit emitted by the above Act of Assembly, and that there will be a Ballance in favour of the Country, after the payment of the Arrears, in the hands of the Several Collectors, for which Security hath [been] given to the Public of £4340: 7: 6, so that the said poll tax of one shilling, and duty of 4d p Gallon on Rum, Wine, and other Spiritous Liquors ought to cease and be discontinued.

On motion ordered that a Bill to discontinue the poll Tax of one shilling, and duty of 4d p Gallon on Rum, Wine, and other Spiritous

-------------------- page 167 --------------------
Liquors, be brought in, and that Mr Johnston prepare the same.

Mr Johnston pursuant to order prepared the Bill to discontinue the poll Tax of one shilling, and duty of 4d p Gallon on Rum, Wine and other Spiritous Liquors; 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 Hynes.

Recd from the Council the following Bills, Vizt

The Bill 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.

The Bill to amend an Act Intitled an Act, for founding, establishing, and endowing of Queen's College, in the Town of Charlotte, in Mecklenburgh County.

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, in the Counties therein mentioned.

The Bill to empower the officers therein mentioned, in certain cases, to take the poll at the election of Members to serve in the General Assembly.

The Bill to alter the method of working upon the Roads in the Counties therein mentioned.

The Bill for establishing the Court of Chancery, consisting of the Governor and Council for the time being or any five of them with allowance as salaries to such of the members of Council as attend the same. Endorsed, In the upper House, read the first time and passed.

Also, the Bill for annexing part of Rowan to the County of Surry.

The Bill to continue an Act, Intitled an Act, to encourage the destroying of Vermin in the Several counties therein mentioned. Endorsed, In the upper House, read the second time, amended and passed.

Also the Bill for erecting part of the counties of Halifax and Tyrrel into a County and Parish. Endorsed, In the upper House, read the third time and passed. Ordered to be Engrossed.

On motion Ordered, that Mr Bonner and Mr Alston have leave to absent themselves from the Service of this House.

Then the House adjourned till tomorrow morning 10 oClock.

-------------------- page 168 --------------------

Saturday December 7th 1771.

The House met according to adjournment.

On motion ordered the Bill to continue an Act Intitled an Act, to encourage the destroying of Vermin in the several counties 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 Gray and Mr Hynes.

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

On motion ordered the Bill to amend an Act, Intitled an Act, to regulate elections for members to serve in the General Assembly and 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, at the several Elections in the Counties and Towns in this Province, be read the second time. Read the same a second time and Rejected.

Mr Person pursuant to order, presented a Bill to release the Inhabitants of the Parish of Granville in the county of Granville from certain Taxes, and other purposes therein mentioned, 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 Person and Mr Robinson.

On motion ordered the 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 County for the year 1770, be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Person and Mr Robinson.

Col Harvey moved for leave to present a Bill for erecting in the Town of Hillsborough a public Gaol and Gaolers House for the district of Hillsborough, in this Province.

Ordered he have leave accordingly.

Col Harvey 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 Person and Mr Robinson.

Recd from the Council the following Bills, towit,

The Bill for granting to His Majesty a duty on Spirits, for the purpose of Amending the Navigation of this province, and other purposes.

-------------------- page 169 --------------------

The Bill to confirm the Titles of such persons as have purchased Lands sold by execution under the statute of the 5th of George the Second, Intitled an Act for the more easy recovery of Debts in His Majesty's Plantations and Colonies in America.

The Bill to discontinue the poll Tax of one shilling, and duty of 4d. per Gallon on Rum, Wine, and other Spiritous Liquors. Endorsed, In the upper House, read the first time, amended and passed.

Also, the 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. Margaret's, in Wake County, to elect Vestrymen in the room of those heretofore elected for the said Parishes. Endorsed, In the upper House, read the second time, amended and passed.

On motion, Resolved, That His Excellency the Governor be addressed to grant a General Pardon to all Persons concerned in the late Insurrection, Except, Herman Husband, Rednap Howell, and William Butler, the House being of Opinion the Crimes of these men are too Atrocious to merit any degree of Lenity, and that the following message be sent to His Excellency the Governor, Vizt,

To His Excellency Josiah Martin Esquire, Captain General, Governor &ca

Sir,

This House wishes to conciliate the minds of His Majesty's Subjects, and to establish Peace and Good Order in this Province, Humbly request that your Excellency will be pleased to grant a General Pardon to all persons concerned in the late Insurrection, except Hermon Husband, Rednap Howell and William Butler, the Crimes of those men we conceive are too atrocious to merit any degree of Lenity.

R. CASWELL, Sp.

Sent by Mr Gray and Mr Hynes.

On motion ordered the Bill for granting to His Majesty the sum of —— Thousand pounds proc. money to be applied as herein directed and for directing the duty of Sheriffs in office be read. Read the same.

Then on motion Resolved, that the said Bill be Committed to a Committee of the whole house.

The House resolved itself into a Committee of the whole House accordingly and chose Colo Harvey Chairman, and after some time

-------------------- page 170 --------------------
spent, the Committee came to several Resolutions, which Mr Chairman was directed to report.

Then on motion Mr Speaker resumed the Chair, and Mr Chairman reported the said Committee had come to several Resolutions, which he read in his place, and delivered in at the Table, where the same was again severally read, and agreed to by the House.

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

Sent by Colo Cray and Colo Rutherford.

Recd from the Council the Bill for dividing the Western part of Rowan County and erecting a new County and Parish by the name of York County and Saint James' Parish. Endorsed, In the upper House, read the second time and passed.

Mr Edward Vail, one of the members of Chowan County, and Mr Benjamin Wynns, one of the members of Hertford County, appeared.

Then the House adjourned till Monday morning 10 oClock.


Monday 9th December 1771.

The House met according to adjournment,

On motion ordered, The Bill for further enabling Francis Locke, Andrew Allison, Griffith Rutherford, and William Temple Coles, former Sheriffs of Rowan County, to collect the arrearages of Taxes, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Haywood and Mr Rutherford.

On motion ordered the Bill for Building a Court House in the Town of Salisbury for the District of Salisbury, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Counsel.

Sent by Mr Haywood and Mr Rutherford.

Mr Justice Moore moved for leave to present 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.

Ordered he have leave accordingly.

Mr Justice Moore 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 Haywood and Mr Rutherford.

-------------------- page 171 --------------------

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

Sent by Mr Haywood and Mr Rutherford.

Mr Howe moved for leave to present a Bill to amend an Act, Intitled an Act to prevent hunting for, and killing Deer in the manner 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 Haywood and Mr Rutherford.

Mr Haywood presented the Petition and affidavit of Abraham Evans, setting forth that on the 28th of November last, he had his House consumed by fire, in which he had the sum of twenty two pounds sixteen shillings eight pence burnt and totally destroyed.

On motion Resolved that the said Abraham Evans be allowed the sum of twenty two pounds sixteen shillings and eight pence out of the Sinking fund, as it is made appear to this House that the said Abraham Evans lost Proclamation Money to that amount on the 28th of November last, which was burnt and totally destroyed and that the Treasurers, or either of them, pay him the same, and be allowed in their Accounts with the Public.

Mr Montfort presented to this House the Petition of John Simpson Esqr of Pitt County, setting forth that in the month of July 1769 he was sole owner of a certain Schooner called the John and Elizabeth, Ebenezer Fuller Master, which sailed over Ocacock Bar the 6th of August 1769, bound for Barbadoes, by repeated misfortunes fell to leeward, and arrived at the Island of Jamaica, which said Schooner again sailed from the Island of Jamaica the 23d of October 1769 for port Bath in this Province, but wind and weather not permitting was forced into a Spanish port, in the Bay of Mexico, called LaVera Cruz, where the said vessel was confiscated, and the Master and Crew made prisoners, praying relief &ca.

On motion ordered, the Consideration of the said Petition be deferred till Tomorrow Morning.

On motion ordered the following Message be sent to his Majestys Council, to wit,

-------------------- page 172 --------------------

Gentlemen of His Majestys Honble Council,

This House send you the Petition and affidavit of Abraham 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 their Accounts with the Public, and desire your Honors Concurrence thereto.

R. CASWELL, Sp.

Sent by Mr Haywood and Mr Rutherford.

On motion ordered the Bill for appointing an agent to solicit the affairs of this Province at the several Boards in England be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Haywood and Mr Rutherford.

Mr Harnett moved for leave to present a Bill to amend an Act, Intitled, an Act for regulating the Pilotage of Cape Fear River and other purposes.

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 Haywood and Mr Rutherford.

Mr Howe moved for leave to present a Bill for the more easy and certain Collection of His Majestys 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 Haywood and Mr Rutherford.

Mr Davis moved for leave to present a bill for removing the Superior Court of Hillsborough to Campbelton.

Ordered he have leave accordingly.

Mr Davis 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 Haywood and Mr Rutherford.

On motion ordered, the Bill for amending an Act, Intitled an Act for erecting in the Town of Salisbury a public Gaol, pillory, and stocks for the district of Salisbury in this Province, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

-------------------- page 173 --------------------

Sent by Mr Haywood and Mr Rutherford.

Mr Evans moved for leave to present a Bill to annex part of Dobbs County to Pitt County.

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 Haywood and Mr Rutherford.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday December 10th 1771.

The House met according to Adjournment.

Recd from His Excellency the Governor the following message, towit,

Mr Speaker and Gentlemen of the House of Assembly,

My wishes correspond with the generous and humane disposition of your House, to Conciliate the minds of his Majesty's Subjects, and to establish peace and good order throughout this Province upon the firmest Basis; and as I consider my Powers not to Extend to granting a general pardon in the case you propose to me, and that I have already humbly offered such a measure to the Royal Consideration, I will forthwith lay your request before His Majesty, from whose Wisdom and Clemency, everything may be expected, that is consistent with humanity and sound policy.

JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly.

I return herewith the Resolve of your House, for allowing John Fulford the sum of thirty shillings proc. money with my assent thereto.

JO. MARTIN.

Also, the resolve of this House for allowing the sum of thirty shilling proc. money to John Fulford.

Mr Macknight pursuant to order, presented the Bill to Enable the freeholders of the parish of Saint John in the County of Pasquotank, to elect a vestry, and provide for their poor, 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 Jacob Blount and Mr Dunn.

Mr Montford presented a Certificate from the Inferior Court of Halifax County, therein recommending Andrew Grymes, to be

-------------------- page 174 --------------------
exempt from the payment of Public Taxes and doing Public duties. Granted.

Mr Montfort reported that in obedience to a resolve of the House last session of Assembly he had sold the lands formerly belonging to James Johnston who was Sheriff of Tyrril County, on Account of the Debt due by him to the Public, Vizt,

£ s d
1 Tract 250 Acres on Davis Creek to John Stewart,
60
5
0
1 do Joining Spears Line to James Johnston,
21
5
0
1 do 100 Acres on Tick Creek to John Stewart,
55
2
0
1 do 249 Acres Joining Wards Line to Ditto,
20
0
0
1 do 240 Acres called the folly —— Holmes,
63
1
0
1 do Skewaky, where Johnson lives to John Stewart,
320
0
0
£539
13
0

These sums by the terms of the Sale, are payable in two years with Interest thereon from the date; and after deducting for a Ballance payable from Johnstons Estate to the Vestry of the Parish of Saint John in Tyrril County, which payment was necessary to obtain proper titles to the Lands; and also after deducting the Public Debt, and for several suits and necessary expenses attending this Transaction, the Overplus, if any, will be payable by me to the said Johnston.

On motion ordered the Bill for dividing the Western part of Rowan County and erecting a new County and Parish by the name of York County, and Saint James 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 Jacob Blount and Mr Dunn.

The order of the Day being read, On Motion Resolved that the consideration of the Petition of John Simpson be deferred till tomorrow Morning.

On motion 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 Christopher Neale and Mr Clay.

The Honble Sir Nathaniel Dukenfield Baronet, and Marmaduke Jones Esquire two of His Majestys Council came to the House and

-------------------- page 175 --------------------
Mr Edward Vail and Mr Benjamin Wynns, took the Oath of Abjuration, as prescribed by the late Act of Parliament.

Recd from the Council the following Bills Vizt

The Bill for laying out a Public Road from the Frontiers of this Province through the counties of Mecklenburg, Rowan, Anson, and Cumberland, to Campbelton.

The Bill to impower Thomas Neale, and Isaac Price to keep a public ferry across the Catawba River.

The Bill for the more easy and certain collection of His Majesty's Quitrents in this Province.

The Bill to amend an Act Intitled an Act, for Regulating the Pilotage of Cape Fear River and other purposes.

The Bill for removing the Superior Court of Hillsborough to Campbelton. Endorsed, In the upper House, read the first time and passed.

And the Bill for appointing an agent to solicit the affairs of this Province at the several Boards in England. Endorsed, In the upper House, read the second time, amended and passed.

The Bill for amending an Act Intitled an Act, for erecting in the Town of Salisbury a public gaol, pillory and stocks, for the district of Salisbury in this Province.

The 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 county for the year 1770.

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. Endorsed, In the upper House read the third time and passed and ordered to be Engrossed.

Also the following Bills, to wit,

The Bill to amend an Act Intitled an Act, for founding, establishing and endowing of Queens College in the Town of Charlotte, in Mecklenburg County.

The Bill for altering the place fixed upon by the Commissioners for Building a Court House, prison and stocks, in the county of Guilford.

The Bill for Building a Court House, in the Town of Salisbury, for the district of Salisbury. Endorsed, In the upper House, read the second time and passed.

-------------------- page 176 --------------------

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

The Bill to annex part of Dobbs County to Pitt County.

The Bill for annexing part of Cumberland County to Chatham County.

The Bill to enable the Freeholders of the Parish of Saint John, in the County of Pasquotank, to elect a vestry, and provide for their poor.

The Bill for erecting in the Town of Hillsborough, a public gaol and gaolers house, for the District of Hillsborough in this Province.

Also the Resolve of this House, for allowing Abraham Evans the sum of twenty two pounds sixteen shillings and eight pence.

Endorsed, In the upper House. Concurred with.

JAMES HASELL, P. C.

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

Sent by Mr C. Neale and Mr Cray.

On motion, ordered the Bill to impower the officers therein mentioned, in certain cases to take the poll at the Elections of Members to serve in the General Assembly, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr C. Neal and Mr Cray.

Col Harvey presents the Humble Address of the people called Quakers. Ordered the same be read. Read the same, and is as follows, to wit,

To the Governor, Council, and Burgesses, of North Carolina, now met in General Assembly, at New Bern.

The Humble Address of the People called Quakers.

Gratitude at this time constraineth us, in behalf of ourselves and Friends, to return to you an Humble and dutiful acknowledgement for your great and unexpected Favour and Indulgence in passing an Act at the last session of Assembly, to exempt us from the sufferings we have been exposed to, on account of our Religious

-------------------- page 177 --------------------
and conscientious scruples with respect to the Militia or learning the Art of Fighting with the Carnal Sword.

And as our peaceful principle of Non-resistance leads us to a passive submission to our superiors, in cases that doth Interfere with our consciences We hope and believe that no disadvantage will ever arise to our fellow subjects from your favor to us therein. We shall think ourselves in duty bound to use our best endeavours, to detect Hypocritical pretenders who may be desirous to screen themselves under our profession, to enjoy the Indulgence you have been pleased to grant us, and by the Integrity and uprightness of our Intentions, having had through the tenderness of our Superiors several valuable privileges granted to us by Acts of Parliament, on account of our Tender Scruples of Conscience.

The same Religious Principle which produceth this dissent, we trust, through divine assistance, will continue to engage us, as it always hath done, since we were a people, to exert whatever Influence we may be possessed of, in promoting the Fear of God, the Honour of our King, and the Prosperity of his Subjects.

Signed by the appointment of our quarterly meeting held at Little River, in Perquimans County, the 23d day of the 2d month called February 1771 by

THOMAS NICHOLSON,
PHINEAS NIXON,
JOSHUA SKINNER,
THOMAS NEWBY,
FRANCIS NIXON,
WILLIAM WHITE,
JOHN PEEBLE,
MARK NEWBY,
and
THOMAS WHITE.

On motion Resolved, That the Speaker express to the People called Quakers the Satisfaction their Address has given this House, and assure them they shall not want the due protection of Assembly, while they continue to deserve it.

Mr Ralph McNair and Mr Francis Nash the two Elected Members for the County of Orange, appeared, the Clerk of the Crown having certified they were duly elected and returned Representatives for the said County.

On motion, Ordered, the following Message be sent to his Excellency the Governor Vizt.

-------------------- page 178 --------------------

To his Excellency Josiah Martin Esquire His Majesty's Captain General, Governor, &ca,

Sir,

We herewith send your Excellency a Resolve of this House for allowing the sum of twenty two pounds sixteen shillings and eight pence proclamation money, to Abraham Evans, concurred with by His Majestys Honble Council, and request your Excellency's Assent thereto.

Sent by Col Haywood and Col Rutherford.

Then the House adjourned till To morrow Morning 10 oClock.


Wednesday 11th December 1771.

The House met according to adjournment.

The Honble William Dry Esquire, and Sir Nathaniel Dukenfield Baronet, two of His Majesty's Council, came to the House, and Mr Ralph McNair and Mr Francis Nash the two Elected Members for Orange County were qualified by taking the several oaths by Law appointed for the qualification of Public Officers, and repeating and subscribing the Test.

On motion ordered, the Bill to alter the method of working upon the roads in 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 Col Neill and Major Evans.

On motion, ordered, The Bill for laying out a town on the Land of Richard Evans in Pitt County by the Name of Martinborough be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Col Neill and Major Evans.

On motion ordered the Bill to Impower Thos. Neill and Isaac Price to keep a public Ferry across the Catawba River, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Col Neill and Major Evans.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House with the Concurrence of His Majestys Honble Council for allowing the sum of

-------------------- page 179 --------------------
twenty two pounds sixteen shillings, and eight pence proclamation Money, to Abraham Evans with my assent thereto.

JO. MARTIN.

Also the resolve of this House, allowing Abraham Evans £22: 16: 8.

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

Sent by Col Cray and Capt Polk.

Recd from the Council the Bill for amending so much of an Act as is now in force, Intitled an Act for dividing this Province into six several districts, and regulating the Proceedings therein, and for providing adequate Salaries for the Chief Justice and the Associate Justices of the said Superior Court. Endorsed, In the upper House, read the second time amended and passed.

The order of the day being read, Resolved the following Message be sent to His Excellency the Governor, to wit,

To His Excellency Josiah Martin Esquire, Captain General, Governor, &ca

Sir,

This House have had laid before them a petition and sundry papers from Col John Simpson of Pitt County, by which it appears that a certain vessel of his called the John and Elizabeth, sailed from Jamaica in the Month of October 1769 having on board sundry commodities, the produce of that Island, being returns for a cargo sold there, and bound to port Bath in this Province, meeting with stormy and tempestuous weather, would not proceed on her intended voyage through the Gulf of Florida till the month of December; when their water and provisions were expended the master and Crew consulted to endeavour getting into some port for assistance, and supply of water and provisions, but were unfortunately forced to the westward of Pensacola, Mobile and Mississippi, and had no other resource but trying to get to La Vera Cruz which they did in great distress, and were immediately made Prisoners and their vessel seized and detained, Contrary to the Laws of Nature and Nations in such cases, while the Subjects of the King of Spain,

-------------------- page 180 --------------------
who were in distress, and forced into the ports of this Province received every assistance and protection to their Persons and properties with leave to depart, when and how they pleased.

This House therefore humbly recommend Mr Simpsons case to your Excellencys Consideration and Assistance, to provide a speedy release of the Unfortunate distressed Master and Mariners of the said vessel, and effects she had on Board when first seized at La Vera Cruz, as in your Excellencys Opinion may be Expedient.

R. CASWELL, Sp.

Sent by Capt Campbell and Col. Vail.

On motion ordered the Bill for altering the place fixed upon by the Commissioners for building a Court House, Prison and Stocks in the County of Guilford be read a third time. Read the same a third time, and rejected.

On motion ordered the Bill to amend an Act Intitled an Act, for founding, establishing and endowing of Queens College in the Town of Charlotte in Mecklenburg County be read the third time. Read the same a third time, passed, and ordered to be sent to the Council.

Sent by Capt Polk and Mr Rutherford.

On motion ordered the Bill to amend an Act Intitled an Act for regulating the pilotage of Cape Fear River 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 Capt Polk and Mr Rutherford.

On motion ordered the Bill for laying out a public road, from the Frontiers of this Province, through the Counties of Mecklenburg, Rowan, Anson, and Cumberland to Campbelton, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Capt Polk and Mr Rutherford.

On motion ordered, That Mr Stewart have leave to absent himself from the service of the House, for a few days.

Then the House adjourned till Tomorrow morning 10 oClock.


Thursday December 12th 1771.

The House met according to adjournment.

Mr Ormond presented a Certificate from the Inferior Court of Beaufort County, therein recommending Josiah Jones, to be exempt from paying Taxes and doing Public duties.

-------------------- page 181 --------------------

Ordered he be exempt accordingly.

On motion Resolved, That no claim for any Money lost by any person whatsoever shall be hereafter allowed by this House, unless the loss of such money be attested by the Oath of some indifferent person.

Mr Farquard Campbell presented the affidavit of Edward Dunfield of Cumberland County setting forth he lost out of his pocket book, in the North West Branch of Cape Fear River, in which was the sum of fourteen pounds proc. Money, which can never come into circulation again.

On motion Resolved, That the said Edward Dunfield be allowed the sum of fourteen pounds, to be paid out of the sinking fund, as it is made fully appear that the said Edward Dunfield lost proc. money to that amount in the North West Branch of Cape Fear River; and that the Treasurers pay him the same, and be allowed in their Accounts.

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

Gentlemen of His Majestys Honble Council,

This House herewith send you the affidavit of Edward Dunfield to whom we have resolved that the sum of fourteen pounds proc. 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.

R. CASWELL, Sp.

Sent by Mr F Campbell and Mr Dickson

Recd from the Council the 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 office. Endorsed, in the upper House, read the second time and passed.

Recd from the Council the Resolve of this House, for allowing the sum of fourteen pounds to Edward Dunfield.

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

To His Excellency, Josiah Martin Esquire Captain General, Governor &ca

Sir,

We herewith send your Excellency a resolve of this House, for allowing Edward Dunfield the sum of fourteen pounds proclamation

-------------------- page 182 --------------------
money, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

R. CASWELL, Sp.

Recd from the Council the 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. Endorsed, In the upper House, read the second time, amended and passed.

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

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

Mr Speaker and Gentlemen of the House of Assembly,

In answer to your message of this day accompanying the Petition of Col John Simpson in Relation to his Vessel and Crew detained by the Spaniards at La Vera Cruz, contrary to the Law of Nations, and recommending his case to my Consideration; I am to assure you, that I will, as it becomes my indispensible duty, take every measure in my Power to procure him the amplest redress, in order to which I will immediately apply to the Admiral or Commander in Chief of His Majesty's Squadron at Jamaica, to demand the release of the Crew of the Scooner John and Elizabeth, and full restitution of the Vessel and Cargo. And I will also forthwith lay before the King, this violence done to his Subjects, which it cannot be doubted his Majesty will resent with all becoming Dignity.

JO. MARTIN.

Recd from the Council the following Bills, towit,

The Bill for laying out a public road, from the Frontiers of this Province through the Counties of Mecklenburgh, Rowan, Anson and Cumberland to Campbelton.

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

The Bill to impower Thomas Neill and Isaac Price to keep a public ferry across the Catawba. Endorsed, In the upper House, read the second time and passed.

The 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.

-------------------- page 183 --------------------

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

The Bill for further enabling Francis Locke, Andrew Allison, Griffith Rutherford and William Temple Coles, former Sheriffs of Rowan County to collect the arrearages of taxes. Endorsed, In the upper House, read the second time amended and passed.

The Bill to continue an Act Intitled an Act to encourage the destroying of Vermin in the several Counties therein mentioned.

The Bill to amend an Act Intitled an Act for founding establishing and endowing of Queens College, in the Town of Charlotte in Mecklenburgh County. Endorsed, In the upper House, read the third time and passed. Ordered to be Engrossed.

On motion ordered the Bill for granting to His Majesty the sum of one hundred and twenty thousand pounds proc. money, to be applied as herein directed, and for directing the duty of sheriffs in the Execution of their office, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Col. Harvey and Col. Ashe.

Then the House adjourned 'till Tomorrow Morning 10 oClock.


Friday December 13th 1771.

The House met according to adjournment.

On motion ordered the Bill for laying out a Town on the Land of Richard Evans in Pitt County, by the Name of Martinborough be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Knox and Mr Hare.

Mr Knox moved for leave to present a Bill for rating the several Species of Foreign Coin, and making the same a Legal Tender in all payments 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 Hare.

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 184 --------------------
the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr McNair and Mr Locke.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the House of Assembly

On reading a third time the Wilmington Bill, we would propose a small amendment in the clauses to prevent building Piazzas and Platforms, which to make more clear to you, we send the clauses as we wish to have them stand.

We observe that you have deled that clause relative to persons dealing with Negroes where 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 this 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.

On motion, Resolved, the House agree to the proposed Amendments, and that the following Message be sent to the Council Vizt

Gentlemen of His Majesty's 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.

R. CASWELL, Sp.

On motion ordered, the Bill to Impower the Freeholders of the Parish of Unity, in Guilford County and the Parish of Saint Margarets in Wake County, to elect Vestrymen, in the room of

-------------------- page 185 --------------------
those heretofore elected for the said Parishes, be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Hynes and Mr Kimbrough.

On motion ordered the Bill for 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, be read the third time. Read the same the third time and Rejected.

On motion ordered the Bill to enable the Freeholders of the Parish of Saint John in Pasquotank County to Elect a Vestry, and provide for their poor, be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Hynes and Mr Kimbrough.

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

Sent by Mr Hynes and Mr Kimbrough.

On motion ordered the Bill for Building a Court House in the Town of Salisbury for the District of Salisbury, be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Hynes and Mr Kimbrough.

Recd from the Council the following Bills, Vizt

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.

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

-------------------- page 186 --------------------

On motion, ordered the Bill for establishing the Court of Chancery consisting of the Governor and Council for the time being &c be read the second time. Read the same a second time and rejected.

On motion ordered the Bill to impower Thos Neill and Isaac Price to keep a Public Ferry across the Catawba River be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Wm Moore and Mr Fields.

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

Then the House adjourned till tomorrow morning 10 oClock.


Saturday December 14th 1771.

The House met according to Adjournment.

On motion ordered the Bill for laying out a public road from the Frontier of this Province, through the Counties of Mecklenburg, Rowan, Anson and Cumberland to Campbelton, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Wm Moore and Mr Fields.

On motion ordered the Bill to empower the officers therein mentioned, in certain cases, to take the poll at the Election of members to serve in the General Assembly, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Moore and Mr Fields.

On motion, ordered, the Bill to alter the method of working upon the roads in the counties 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 Moore and Mr Fields.

On motion, ordered, the Bill to enlarge the time for several Sheriffs to settle their accounts with the Justices of the Inferior Courts and Quarter Sessions of the counties 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 Wm Moore and Mr Fields,

On motion ordered, the Bill for altering the dividing lines between the counties of Beaufort and Pitt, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

-------------------- page 187 --------------------

Sent by Mr Ormond and Mr Hare.

Recd from the Council the following Bills, towit,

The Bill for laying out a public road from the Frontiers of this Province through the counties of Mecklenburg, Rowan, Anson and Cumberland to Campbelton.

The 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. Endorsed, In the upper House, read the third time and passed. Ordered to be Engrossed.

The Bill to enable the Freeholders of the Parish of Saint John in the county of Pasquotank to Elect a Vestry, and provide for their poor. Endorsed, In the upper House, read the second time amended and passed.

On motion ordered, Mr James Blount have leave to absent himself from the service of the House, during this Session.

On motion ordered, 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 Insurrections from vexatious suits and Prosecutions, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Col Nash and Col Cray.

Recd from the Council the following Bills, towit,

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 in the Counties therein mentioned. Endorsed, In the upper House, read the third time and passed. Ordered to be engrossed.

The Bill 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, and,

The Bill for altering the dividing Lines between the Counties of Beaufort and Pitt. Endorsed, In the upper House, read the same a second time and passed.

On motion, ordered the Bill for removing the Superior Court of Hillsborough to Campbelton, be read the second time. Read the same a second time and rejected.

On motion ordered the Bill for erecting in the Town of Hillsborough, in this Province a public Gaol and Gaolers house, for the

-------------------- page 188 --------------------
District of Hillsborough, be read the second time. Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent by Col Nash and Col Cray.

Then the House adjourned till tomorrow morning 10 oClock.


Monday December 16th 1771.

The House met according to adjournment

On motion ordered, The Bill for further enabling Francis Locke, Andrew Allison, Griffith Rutherford and William Temple Coles former Sheriffs of Rowan County to collect the Arrearages of Taxes, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Col Nash and Col Cray.

The Clerk of the Crown having Certified that Mr William Person was duly Elected and returned a Representative for the County of Bute, in the room and stead of Mr Benjamin Person, deceased. Pursuant to which the said William Person appeared.

John Burgwin Esquire, having laid before this House a State of the public Accounts, pursuant to a Resolve of the last session of Assembly,

Then on motion Resolved, that the said John Burgwin has done his duty therein, and that this House is satisfied therewith.

On motion Resolved, the present establishment of Fort Johnston be continued Twelve Months, and from thence to the end of the next session of Assembly.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that the present establishment of Fort Johnston be continued twelve months, and from thence to the end of the next session of Assembly, and desire your honors concurrence thereto.

R. CASWELL, Speaker.

Sent by Mr Davis and Mr Gray.

Received from the Council the following Bills Vizt

The Bill to alter the method of working upon the roads in the Counties therein mentioned. Endorsed, in the upper House, read the third time and passed. Ordered to be engrossed.

-------------------- page 189 --------------------

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

The Honble Samuel Cornell and Marmaduke Jones Esquire, two of His Majesty's Council, came to the House, and Mr William Person, 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 following Bills.

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.

The Bill for enabling, Francis Locke, Andrew Allison, Griffith Rutherford and William Temple Coles former Sheriffs of Rowan County, to collect the Arrearages of Taxes. Endorsed, In the Upper House read the third time and passed. Ordered to be Engrossed,

Also the Bill for erecting in the Town of Hillsborough a public gaol, and gaolers house, for the District of Hillsborough in this Province. Endorsed, In the Upper House, read the second time and passed.

And the Resolve of this House for the establishment of Fort Johnston,

On motion ordered the Bill to amend an Act, Intitled an Act for regulating the pilotage of Cape Fear River, and other purposes, be read the third time. Read the same a third time, amended passed and sent to the Council.

On motion ordered the Bill to discontinue the poll Tax of one shilling, and duty of 4d per Gallon on rum, wine and other spiritous Liquors be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

On motion ordered the Bill to confirm the titles of such persons as have purchased Lands sold by Execution, under the Statute of the 5th of George II. Intitled an Act for the more easy recovery of Debts in His Majesty's plantations and Colonies in America, be read the second time. Read the same a second time and rejected.

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

-------------------- page 190 --------------------

To his Excellency Josiah Martin Esquire, Captain General, Governor, &ca,

Sir,

We herewith send your Excellency a Resolve of this House, regarding the present establishment of Fort Johnston, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

R. CASWELL, Sp.

Sent by Col Moore and Col Ormond.

Recd from the Council, the Bill for building a Court House in the Town of Salisbury, for the District of Salisbury. Endorsed, In the Upper House, read the third time and passed. Ordered to be Engrossed.

On motion ordered the Bill for annexing part of the County of Rowan, to the County of Surry, be read a third time. Read the same a third time and rejected.

Col Harvey moved for leave to present a Bill for imposing a Tax of one shilling proc. money per poll on 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 mentioned, and for directing Sheriffs in the execution of their Office.

Ordered he have leave accordingly.

Col Harvey 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 Col Ashe and Col Vail.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday December 17th 1771.

The House met according to adjournment.

On motion ordered, the Bill for Annexing part of Cumberland County to Chatham County be read the second time. Read the same a second time, and rejected.

On motion ordered, the Bill for erecting in the Town of Hillsborough a public gaol, and gaolers house, for the District of Hillsborough in this Province, be read a third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr McNair and Mr Person.

On motion resolved that six hundred Copies of each of the Public Accounts, as settled by Mr Burgwin, be printed, and distributed

-------------------- page 191 --------------------
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, and 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 the Receipts, from each Inferior Court Clerk, that the service is fully performed.

Recd from the Council the Bill for Imposing a Tax of one shilling proc money per poll, on all Taxable persons within this Province, and for granting the money raised 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. Endorsed, In the upper House, read the first time and passed.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return the Resolves of your House with the Concurrence of his Majestys Council, for continuing the Establishment of Fort Johnston, and for allowing the sum of fourteen pounds proclamation Money, to Edward Dunfield, with my assent thereto.


December 17th 1771.
JO. MARTIN.

Also the Resolves of this House, the one for the present Establishment of Fort Johnston, the other for allowing the sum of £14 to Edward Dunfield.

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

Mr Speaker and Gentlemen of the House of Assembly,

I take this opportunity to inform you that I yesterday received His Majesty's Royal Instructions, directing me to appoint Commissioners, to proceed jointly with Commissioners to be appointed by the Governor of South Carolina, continuing the Boundary line, run in the year 1763, as far as the Salisbury road from the said Salisbury road, where it now ends, along the said road, to where it enters the Catawba Lands; from thence along the Southern, Eastern, and Northern Boundary of the said Lands, to where the Catawba River enters the said Lands, on the North; from thence to follow the Middle stream of that River, Northerly to the Confluence of the Northern

-------------------- page 192 --------------------
and Southern Branches thereof and from thence due West, until it reaches the line agreed upon with the Cherokee Indians as a Boundary between their Country and the Settlement of His Majesty's Subjects. And His Majesty declares it to be his Royal Will, and pleasure, that the line Beginning at the Sea thirty miles distant from the mouth of Cape Fear River, on the South West thereof, following the direction in which it hath been already run out, and marked, as far as the said Salisbury road, near the Catawba Lands; and as it is hereby directed to be continued from the station point on that road, to the Cherokee Line, in the manner above mentioned, shall be the final Boundary between the Provinces of North and South Carolina. In consequence hereof, I am to desire that you will enable me to defray the expense of this Service.

JO. MARTIN.

On motion, ordered, the said Message lie on the Table for consideration.

On motion, ordered the Bill for imposing a Tax of one Shilling proc. money per 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, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

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

Then the House adjourned till 3 oClock this afternoon.

The House met according to Adjournment.

On motion ordered, the Bill to amend an Act Intitled an Act, what Fences are sufficient, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Evans and Mr McKinnie.

Mr Ashe moved for leave to present a Bill to appoint Collectors of the Tax imposed by an Act, Intitled an Act, for imposing a Tax of one shilling proc. money per 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.

Ordered he have leave accordingly.

-------------------- page 193 --------------------

Mr. Ashe 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 Evans and Mr McKinnie.

Mr Dunn presented two Certificates from the Inferior Court of Guilford County, therein recommending Randall Miller and Walter Matthis, to be exempted from the payment of Public Taxes and doing public duties.

Ordered they be exempt accordingly.

Then the House Adjourned till Tomorrow Morning 10 oClock.


Wednesday December 18th 1771.

The House met according to adjournment.

Mr Justice Moore moved for leave to present a Bill for striking Debenture Bills on Bank paper, to the amount of —— thousand pounds, proc. money, to be exchanged for all such Debenture and Tender Bills as may be in circulation in this Province.

Ordered he have leave Accordingly.

Mr Justice Moore 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 Evans and Mr McKinnie.

Recd from the Council the following Bills, Vizt,

The Bill for further amending an Act, Intitled an Act, for the better regulation of the Town of New Bern, and securing the Title of persons who hold lots in the said town. Endorsed, in the upper House, read the first time and passed.

The Bill to impower the Freeholders of the several Parishes therein mentioned to elect Vestries for their respective Parishes. Endorsed, In the upper House, read the third time and passed. Ordered to be engrossed.

Recd from the Council the Bill to amend an Act, Intitled an Act, what Fences are sufficient. Endorsed, In the upper House, read the second time, and passed with Amendments.

On motion ordered, the Bill for granting to His Majesty a duty on spirits for the purpose of amending the navigation of this Province 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 Thomson and Mr Wm Person.

-------------------- page 194 --------------------

On motion ordered the Bill to enable the Freeholders of the Parish of St John in the County of Pasquotank, to elect a Vestry, and provide for their poor, be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Macknight and Mr Woodhouse.

Recd from the Council the Bill for striking Debenture Bills, on Bank paper to the amount of —— thousand pounds proc. money, to be exchanged for all such debenture and Tender Bills as may be in circulation in this Province. Endorsed, In the upper House, read the first time, amended, and passed.

Recd from the Council, the Bill to direct Sheriffs in the execution of their office. Endorsed, In the upper House, read the first time and passed.

Recd from the Council the Bill for imposing a Tax of one shilling proc. money, 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. Endorsed, In the upper House. Read the second time and passed.

Mr Harnett from the Committee appointed for Adjusting, settling and allowing the accounts on the late expedition, reported that the said Committee had examined and allowed, sundry Claims, which he laid before the House.

Ordered the same be read. Read the same.

Then on motion ordered, the said Reports be concurred with by this House except the claims of sundry Persons for requisitions, which are laid over till next session of Assembly.

Mr Dunn Chairman from the Committee of Public Claims, reported they had met and allowed sundry Claims which he laid before the House. Ordered the same be read. Read the same.

Then on motion ordered that the House do concur with the said reports

On motion ordered, that Mr Howell Edmunds and Mr Robert Lanier have leave to absent themselves from the service of this House, during the session.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday December 19th 1771

The House met according to adjournment.

On motion ordered, that Mr Thomas Hynes have leave to absent himself from the service of this House.

-------------------- page 195 --------------------

On motion ordered, the Bill for further Amending an Act Intitled an Act, for the better regulation of the Town of New Bern, and for securing the Title of Persons who hold Lots in the said Town, be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Neale and Mr Shepard.

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 a second time, passed, and ordered to be sent to the Council.

Sent by Mr Gray and Mr Campbell.

On motion ordered, the Bill for the more easy and certain collection of His Majestys Quitrents in this Province, be read the second time. Read the same a second time and rejected.

On motion ordered the Bill to annex part of Dobbs County to Pitt County, be read the second time. Read the same a second time and rejected.

The House taking into consideration the [account] of Mr Cornelius 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 expences he was at in that service.

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

Gentlemen of His Majestys Honble Council,

This House taking into Consideration the conduct of Mr Cornelius 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 expences he was at in that service.

R. CASWELL, Sp.

Sent by Col. Moore and Mr Davis.

Recd from the Council the following Bills, to wit,

The Bill for laying out a Town on the land of Richard Evans, in Pitt County, by the name of Martinborough. Endorsed, In the upper House, read the third time and passed. Ordered to be engrossed.

-------------------- page 196 --------------------

The Bill for granting to His Majesty a duty on spirits, for the purpose of Amending the Navigation of this Province. Endorsed, In the upper House, read the second time, amended and passed.

On motion ordered the 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, be read the third time. Read the same a third time and rejected.

Recd from the Council the following Bills.

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

The Bill for erecting in the Town of Hillsborough, a public gaol, and gaolers house, for the District of Hillsborough in this Province. Endorsed, In the upper House read the third time and passed. Ordered to be Engrossed.

And the Bill to discontinue the poll Tax of one shilling and 4d [???] gallon on rum, wine and other spiritous Liquors. Endorsed, In the upper House, read the second time and passed.

Mr Ashe informed the House that in December last two Warrants drawn by Governor Tryon in favour of Robert Howe Esqr for disbursements, and pay for the Garrison of Fort Johnston, Dated in November and December last for fifty seven pounds thirteen shillings and four pence each, were presented to, and fully paid by him at that time, and that by some Accident, during his illness, were actually lost, which being fully proved to the House, Therefore on motion ordered the said sums be by any future Committee of Public Accounts allowed to Mr Ashe, in his accounts with the public.

On motion Resolved, That the Resolve of the last session of Assembly, held at New Bern on the 5th day of December 1770, directing Richard Henderson Esquire to pay the expense of the attendance of several Witnesses, who were called to the Bar of this House to give evidence against Thos. Person one of the Members thereof, on several charges of perjury and extortion, be rescinded, and expunged from the Journals of the House.

On motion ordered, the Bill for imposing a Tax of one shilling proc. money [???] poll, on all Taxable persons within the Province, and for granting all money arising from such Tax to His Majesty, his Heirs and Successors, to be applied as herein after directed, be read

-------------------- page 197 --------------------
the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Col. Harvey and Col Ashe.

On motion ordered, the Bill for striking Debenture Bills, in 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, be read the second time. Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent by Col Harvey and Col Ashe.

On motion ordered the Bill to direct Sheriffs in the execution of their office, be read the second time. Read the same a second time, passed, and ordered to be sent to the Council.

Sent by Col Harvey and Col Ashe.

On motion Resolved, That William Bourke, Adjutant of the Craven Detachment, be allowed the sum of twenty one pounds eleven shillings for a tent furnished himself and Ensign Robert Fenner, and a Bau't 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.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved, that William Bourke, Adjutant of the Craven Detachment be allowed the sum of twenty one pounds eleven shillings for a Tent furnished himself and Ensign, Robert Fenner, and also a Bau't 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; and desire your Honors concurrence thereto.

R. CASWELL, Sp.

Sent by Col Thomson and Major Blount.

On motion, ordered, That Adam Boyd be allowed the sum of twenty shillings proc. money for printing and distributing 200 hand Bills, by order of His Excellency Governor Tryon, respecting the Counterfeit Debenture Bills, and that the Treasurers or either of them pay him the same, and be allowed in their Accounts with the Public.

On Motion Ordered, the following Message be sent to the Council,

-------------------- page 198 --------------------

Gentlemen of His Majestys Honble Council,

This House have Resolved that Adam Boyd be allowed the sum of twenty shillings proc. money for printing and distributing two hundred hand bills, by order of His Excellency Governor Tryon, respecting the Counterfeit Debenture Bills; 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.

R. CASWELL, Sp.

Sent by Col Thomson and Major Blount.

On motion Resolved, That John Kennedy be allowed the sum of four pounds four shillings proc. money, 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.

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

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 Account with the public; and desire your Honors Concurrence thereto.

R. CASWELL, Sp.

Sent by Col Thomson and Major Blount.

On motion Resolved, That Philemon Hawkins be allowed the sum of three pounds fifteen shillings for his expenses in traveling 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 them pay him the same, and be allowed in their Accounts with the public.

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

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 Traveling 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

-------------------- page 199 --------------------
either of them, pay him the same and be allowed in their accounts with the Public, to which we desire your Honors Concurrence.

R. CASWELL Sp.

Sent by Col Thomson and Major Blount.

Mr Joseph Jones, one of the Members for the County of Pasquotank appeared.

Then the House adjourned till tomorrow morning 10 oClock.


Friday December 20th 1771.

The House met according to adjournment,

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

On motion ordered the Bill to amend an Act, Intitled an Act, what fences are sufficient, be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Wm Person and Mr William Moore.

On motion ordered the Bill for altering the dividing Lines between the Counties of Beaufort and Pitt, be read the third time. Read the same a third time and rejected.

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

Anne Bryan, Anne Ferguson, Elizabeth Harper, and Faithy Smith exhibited 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 Alamance; 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 therefore Resolve that one hundred and fifty pounds be allowed to Anne Bryan, widow of Ensign Bryan, killed in the late battle, that Elizabeth Harper, Anne Ferguson, and Faithy 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 children, and to no other purpose whatsoever; And this House do further Resolve that Richard Caswell Esquire be appointed Trustee to execute the purpose of this Resolve, and that he do report to the House his proceedings thereon.

-------------------- page 200 --------------------

Ensign William Peyton exhibited his Petition to the House, setting forth that by the Wounds he received in the Battle of Allemance, he was reduced to a very distressed situation; the House taking the same into consideration, Resolve, that the said Ensign William 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.

On motion ordered the following Message be sent to the Council

Gentlemen of His Majestys Honble Council,

Anne Bryan, Anne Ferguson, Elizabeth Harper, and Faithy Smith, exhibited 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 Alamance; that they were in very distressed circumstances, with a number of small Children, who by the loss of their Fathers must, without assistance of the Public be reduced to extreme want. Which facts having been made appear to the satisfaction of the House, they do therefore Resolve, that one hundred and fifty pounds be allowed to Anne Bryan, widow of Ensign Bryan killed in the late Battle, that Elizabeth Harper, Anne Ferguson and Faithy 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 Children, and to no other purpose whatsoever. And the House do further Resolve, that Richard Caswell Esquire be appointed Trustee to Execute the purpose of this Resolve, and that he do report to the House his proceedings thereon; to which we desire your Honors Concurrence.

R. CASWELL, Sp.

On Motion, Ordered the following Message be sent to the Council,

Gentlemen of His Majesty's Honble Council,

Ensign William Peyton, exhibited his Petition to the House, setting forth that by the Wounds he received in the Battle of Alamance, he was reduced to a very distressed situation. The House taking the same into consideration, Resolve, that the said Ensign William Peyton be allowed one hundred pounds, and that the Treasurers or

-------------------- page 201 --------------------
either of them, pay him the same, and be allowed in their Accounts with the Public; to which we desire your Honors Concurrence.

R. CASWELL, Sp.

On motion Resolved, that the officers on the late Expedition against the Insurgents who have any Arms, Ammunition, Tents, or other stores in their possession, do sell and dispose, of the same at public vendue, and account for the monies arising from such sale with the Treasurers of their respective Districts to be applied to the contingent fund.

On motion ordered the 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, 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 Hardy.

On motion, ordered the Bill for granting to His Majesty a duty on Spirits for the purpose of amending the Navigation of this Province and other purposes, be read the third time. Read the same a third time, and ordered to lie on the Table till next Session of Assembly.

On motion ordered the Bill to discontinue the poll Tax of one shilling and duty of 4d per gallon on wine, rum, and other spiritous Liquors 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 Dickson.

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

Mr Speaker and Gentlemen of the House of Assembly,

It appearing by the state of the public Accounts, now lying before your House, that there is now in the hands of the Collectors of Public Taxes, a vast Arrearage, due to the several funds, and that the proclamation money now in circulation ought before this time to have been sunk, I most earnestly recommend to you, to consider of effectual means to enforce immediate payment thereof, as essential to the preservation of the public Credit of this Colony.

JO. MARTIN
-------------------- page 202 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

I am commanded by his Majesty to communicate to you, his royal Instruction thereto subjoined, and to desire that it may be entered on your Journals.

“Whereas several Inconveniences have arisen to our Government in the plantations by gifts and presents made to the Governors by the General Assemblies: for prevention thereof, for the future, it is our express will and pleasure that neither you, our Governor, nor any Governor, Lieutenant Governor, Commander in Chief, or President of the Council, of our said Province of North Carolina, for the time being, do give your or their Consent to the passing any Law, or Act, for any Gift, or Present, to be made to you or them, by the Assembly; and that neither you nor they do receive any gift or present from the Assembly, or others, on any Account or in any manner whatsoever, upon pain of our highest displeasure, and of being recalled from that our Government.”

JO. MARTIN.

December 19th 1771.

Recd from the Council the following Message.

Mr Speaker and Gentlemen of the House of Assembly,

This House has observed with pleasure the attention which you have shewn to the merit and good services of Mr Harnett, on the late Expedition against the Insurgents. The same sentiments operate with equal vigour on our minds, in favour of the Honble Samuel Cornell Esquire, 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 monies, 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.

Also the following Message.

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 the Captain 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

-------------------- page 203 --------------------
the Bill before us the following Oath, to be administered by Collector or his Deputy. If you agree to such amendment please send two of your Members to see the Alteration made.

Form of Oath.

I, A B, do solemnly swear that I have not, nor will I, directly or indirectly, cause or suffer any kind of Ballast brought in my Vessel to be thrown into any part of the Channel of Cape Fear River, but that the same shall be landed, or thrown entirely above low water mark. So help me God.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

As a Bill, Intitled, “A Bill for imposing a Tax of two shillings proc. money per poll, on all Taxable persons within this Province” has for its declared object the payment of the Expence incurred in the late necessary expedition against the Insurgents, this House conceives that the sum to be issued by this Act, should nearly square with the amount of that expence, and that such amount should appear in the preamble, as the justification of passing such a Bill. It seems also necessary that the form of the Debenture Bill should be prescribed in the Bill. We propose it thus.

The Province of North Carolina is Indebted to the possessor hereof —— proc. money, to be paid out of the Public Treasury according to Act of Assembly, passed December 1771. To which alterations if your House agree, please send some of your members to see them inserted in the Bill.

Recd from the Council the following Resolves of this House, towit,

For allowing Cornelius Harnett Esquire one hundred pounds, Adam Boyd one hundred and seventy five pounds, William Bourke twenty one pounds eleven shillings, Philemon Hawkins three pounds fifteen shillings, John Kennedy four pounds four shillings, and Adam Boyd twenty shillings.

On Motion Ordered the following Message be sent to his Excellency the Governor, towit,

To His Excellency Josiah Martin Esquire, Captain General Governor &ca

Sir,

This House send you their Resolves for allowing Cornelius Harnett

-------------------- page 204 --------------------
Esqr the sum of one hundred pounds, Adam Boyd one hundred and seventy-five pounds, John Kennedy four pounds four shillings, Philemon Hawkins three pounds fifteen shillings, William Bourke twenty one pounds eleven shillings, and Adam Boyd twenty shillings. Concurred with by His Majesty's Honble Council, and request-your Excellency's assent thereto.

R. CASWELL, Sp.

Sent by Col Nash and Col Ormond.

Recd from the Council the following message,

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.

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

Gentlemen of His Majestys Honble Council,

This House cannot agree to the alterations proposed by you in the Pilotage Bill, because the Master of the Vessel may possibly commit the offence, endeavoured to be guarded against by that Law, before his arrival at the Custom House; therefore you will pass the Bill as it went from this House.

R. CASWELL, Sp.

On motion Resolved that Fearnaught Beasley, whose son was killed in the Battle of Alamance, and upon whose Industry she had subsisted, being too old and infirm to get her living be allowed ten pounds per year, and that the Treasurers, or either of them, pay her the sum yearly, and be allowed in their Accounts with the Public.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that Fearnaught Beasley, whose son was killed in the Battle of Alamance, and upon whose Industry she had subsisted, being too old and infirm to get her living, be allowed ten pounds per year; and that the Treasurers, or either of them pay

-------------------- page 205 --------------------
her the same yearly, and be allowed in their Accounts with the Public; And desire your Honors Concurrence thereto.

R. CASWELL Speaker

On motion Resolved, That the Honble John Rutherford Esquire Advocate General be allowed the same sum that Lewis Henry DeRosset was, per Report of the Committee of Accounts, including the sum allowed him by said Committee.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that John Rutherford Esquire Advocate General, be allowed the same sum that Lewis Henry DeRosset was, per report of the Committee of Accounts including the Sum allowed him by the said Committee, and desire your Honors Concurrence thereto.

R. CASWELL, Speaker.

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

Gentlemen of His Majestys Honble Council,

This House cannot agree to the allowance proposed to be made to the Honble Samuel Cornell Esquire, 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 any Compensation for the great expence he was at in that Expedition.

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

Gentlemen of His Majesty's 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 to the Amendments, but cannot Consent to striking Duplin County out of the said Bill; and send Mr Neale and Mr Gray, two of the Members of this House, to see the same made.

R. CASWELL, Speaker.

On Motion Ordered the following Message be sent to the Council,

-------------------- page 206 --------------------

Gentlemen of His Majestys Honble Council,

This House having taken into consideration the distressed situation of Thomas Garish, Moses Griffin, Daniel Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles Harrington, Christopher Acklin, Sweeting Bond, William Fullerton, Charles Yeates, Thomas Tortle, James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John Nevil, William Lunsdale, Thomas Carsely, William Gilbert, Thomas Clark, William Hescock, 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 Garish, Moses Griffin, Daniel Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles Harrington, Christopher Acklin, Sweeting Bond, William Fullerton and Charles Yeates, be allowed twenty pounds per annum each, and that Thomas Tortle, James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John Nevil, William Lunsdale, and Thomas Carsley, be allowed fifteen pounds per year each, and that William Gilbert, Thomas Clark, and William Hescock, be allowed ten pounds per 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; and desire your Honors Concurrence thereto.

R. CASWELL, Speaker.

On motion Resolved, That the Committee of Correspondence, write to Henry Eustace McCulloh Esquire agent for this Province and express their approbation of his good Conduct, Zeal and Activity, in the service of this Colony.

Recd from the Council the following Bills, towit,

The Bill to direct Sheriffs in the Execution of their Office,

The Bill for striking Debenture Bills, to the amount of £120,000 proclamation money to be exchanged for all such Debenture and Tender Bills as may be in circulation in this Province.

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

On motion ordered the Bill for striking Debenture Bills, on Bank Paper to the amount of £120,000 &ca, be read the third time. Read

-------------------- page 207 --------------------
the same a third time, amended passed and ordered to be sent to the Council.

On motion ordered, The Bill to direct Sheriffs in the Execution of their office, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent the said two Bills by Col Harvey and Col Ashe.

Recd from the Council the 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. Endorsed, In the upper House, read the third time and passed. Ordered to be Engrossed.

On motion, ordered The Bill for further amending an Act Intitled an Act for the better Regulation of the Town of New Bern &ca be read the third time. Read the same a third time, passed, and ordered to be sent to the Council.

Sent by Mr Neale and Mr Gray.

On motion, ordered the Bill for appointing an agent &ca be read a third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Neale and Mr Gray.

Recd from the Council the Bill for imposing a Tax of two shillings proc. money per poll, on all taxable persons within this Province, and for granting the money arising from such Tax to His Majesty &ca. Endorsed, In the upper House, read the third time, and passed. Ordered to be Engrossed.

On motion, Resolved, That Christopher Grants 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.

On Motion ordered the following Message be sent to the Council, to wit.

Gentlemen of His Majestys Honble Council,

This House have Resolved that Christopher Grants, of Orange County be allowed two pounds eleven shillings for provisions furnished Captain Harris's Company, Called in to protect the Court at Hillsborough in 1768, and desire your Honor's Concurrence thereto

R. CASWELL, Sp.

Then the House adjourned 'till tomorrow morning 10 oClock.

-------------------- page 208 --------------------

Saturday December 21st 1771.

The House met according to adjournment.

On motion Resolved, that Enoch Bradley and John Pain, who attended as Witnesses last Session of Assembly against Thomas Person, one of the Members of this House, who was accused of perjury, extortion &ca be allowed the sum of five pounds each, and that the Treasurers or either of them, pay them the same, and be allowed in their Accounts with the Public.

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

Gentlemen of his Majestys Honble Council,

This House have Resolved that Enoch Bradley and John Pain, who attended as Witnesses last session of Assembly, against Thomas Person, one of the Members of this House, who was accused of perjury, extortion &ca be allowed 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 Honors Concurrence thereto.

R. CASWELL, Sp.

Recd from the Council the following Bills, towit

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

A Bill, for appointing an agent, to solicit the affairs of this province at the several Boards in England.

A Bill 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.

A Bill for striking Debenture Bills, on Bank paper to the amount of £120,000 proc Money, to be exchanged for all such Debenture and Tender Bills as may be in Circulation in this Province. Endorsed, In the upper House, read the third time and passed. Ordered to be engrossed.

Recd from the Council the Bill to Discontinue the poll Tax of one shilling and duty of 4d per gallon on rum, wine, and other spiritous Liquors. Endorsed, In the upper House read the third time and passed.

On motion 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

-------------------- page 209 --------------------
Speaker of the House of Burgesses of Virginia, to desire that they will direct their agent to use his Interest for the same purpose; and that his Excellency the Governor be requested to use his interest in support of the agent of this Province.

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

Gentlemen of His Majesty's Honble Council,

This House have Resolved that the Committee of Correspondance Instruct the Agent to sollicit 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 they would direct their Agent to use his Interest for the same purpose, and that his Excellency the Governor be requested to use his Interest in support of the Agent of this Province; and desire your Honors concurrence thereto.

R. CASWELL, Sp.

Sent by Mr Macknight and Mr Hewes.

Recd from the Council the following message,

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 Captain of the Fort. The passing the Bill in this House depends on the Alteration proposed.

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

Gentlemen of His Majesty's Honble Council,

In answer to your message 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.

R. CASWELL, Sp.

This House being informed that the Honble Richard Henderson Esquire, did actually set out on his journey to attend the Superior Court at Edenton, in October 1770, as one of the Associate Justices of that Court; but receiving orders from Governor Tryon to raise

-------------------- page 210 --------------------
the Militia, to oppose the Insurgents, in compliance with which he was prevented from attending the said Court.

On motion Resolved, that Richard Henderson be allowed forty one pounds thirteen shillings and four pence, in Lieu of the sum he would have been intitled to by Law, had he attended the said Court.

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

Gentlemen of His Majesty's Honble Council,

This House being informed that the Honble Richard Henderson Esqr did actually set out on his journey to attend the Superior Court at Edenton in October 1770, as one of the Associate Justices of that Court, but receiving orders from Governor Tryon to raise the Militia to oppose the Insurgents, in compliance with which he was prevented from attending the said Court, Therefore this House have Resolved, That the said Richard Henderson be allowed forty one pounds thirteen shillings and four pence in Lieu of the sum he would have been entitled to, by Law, had he attended the said Court; and desire your Honors concurrence thereto.

R. CASWELL, Sp.

On motion Resolved, that the Honble James Hasell Esquire be allowed the sum of Two hundred pounds to defray his expences during the time he was in the service of this Province.

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

Gentlemen of His Majesty's Honble Council,

This House have Resolved that the Honble James Hasell Esquire be allowed the sum of two hundred pounds to defray his expences during the time he was in the service of this Province, to which we desire your Honors concurrence.

R. CASWELL, Sp.

Recd from the Council the Bill to amend an Act, Intitled an Act, for regulating the Pilotage of Cape Fear River, and other purposes. Endorsed, In the upper House, read the third time and passed. Ordered to be engrossed.

Recd from the Council the reports of the Committee of Claims and also the Reports of the select Committee for Adjusting, settling, and allowing the Accounts on the late Expedition. Both concurred with.

-------------------- page 211 --------------------

On motion Resolved, that the Commissioners for emitting the sum of sixty thousand pounds, shall pay into the hands of the Southern Treasurer, or his order the sum of thirty five thousand pounds, and to the Northern Treasurer or his order, the sum of twenty five thousand pounds, and their receipts for the said respective sums shall be sufficient to discharge the said Commissioners of the same.

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

To His Excellency Josiah Martin Esquire, Captain General, Governor & ca,

Sir,

This House having taken into consideration your Excellency's Message relative to His Majestys royal Instructions, to appoint Commissioners to proceed jointly with those appointed by the Governor of South Carolina, to run the Boundary line, between the two Provinces, in manner therein discribed, and under great concern at the injury that the line, when so run must do this Province. Lord Charles Greville Montague laid before Governor Tryon the plan which he wished to have adopted. It met with his approbation and when laid before the Assembly, was by them thought so highly injurious to this Colony, that they addressed Governor Tryon to use his uttermost Influence against it; but before application could be made, in consequence of that address, Lord Charles had got to England, and by the Advantages of personal application and influence, obtained his purpose. We have now Sir, no redress, but by application to our most Gracious Soverign, who, equally attentive to the Interest of all his Colonies, will extend to us, that relief which the Justice of our complaint, we are persuaded, intitles us to.

Permit us through you Sir, to make it known to his Majesty that should this line be carried into execution it would do the highest injury to this Province; as it would deprive us 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 likewise cut off all Communication and Commerce between the people of this Country and the Western Indians, by leaving nothing but a Tract of barren and impassable Mountains between them, defraud this Province of several thousand pounds

-------------------- page 212 --------------------
laid out in running the Western line, which will by this plan be taken into South Carolina. In short, should this plan take place, such numberless injuries, and such great injustice would accrue to this Province, that we cannot but think it our indispensable duty to take the most effectual means to obtain of our most Gracious Sovereign that this line may not be made a permanent one, but that he would be graciously pleased to permit the Line already run, at so great an expence to this Colony remain the dividing line between the two Provinces, And as we conceive your Excellency's exerting your Influence in behalf of this Province one of the most effectual methods to obtain this desirable end, permit us Sir to solicit you to lay this matter, in its proper light, before our most Gracious Sovereign; while we also strenuously endeavour by every other method in our Power to obtain this favour of our Gracious Sovereign. This Province Sir, having already paid several thousand pounds, which however we chearfully bestowed, in hopes of establishing a line so equitable in our opinions as that already run, cannot in the destressed situation of this Country, burthen our Constituents with any further expence to establish a line which, we conceive, would be highly injurious to the Colony. We hope your Excellency will do us the Justice to believe that this alone prevents our Complying with your request, which we otherwise should take pleasure in doing.

On motion, ordered that Mr Howe, Mr Harnett, and Mr Maurice Moore, be appointed a Committee to prepare an Address to his Majesty on the subject of the said boundary line.

On motion, Resolved that Daniel Pegram and Thomas Garrish be allowed twenty four pounds each for payment of sundry expences incurred by them while they were disabled by wounds received in the Battle of Alamance.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that Daniel Pegram and Thos Garrish be allowed twenty four pounds each, for payment of sundry expences incurred by them while they were disabled by wounds received in the Battle of Alamance, and desire your Honors concurrence thereto.

R. CASWELL, Sp.

Sent by Col Eaton and Col Thomson.

-------------------- page 213 --------------------

On motion Resolved, that a Committee be appointed to draw up an Address to his Majesty, the Lords and Commons of Great Britain, setting forth that this House, ever ready to support his Majestys Honour and dignity, have with spirit and liberality, fallen upon a method to pay the great expence of the late Expedition against the Insurgents, in support of His Majesty's Government, but being restricted from emitting a paper currency, so as to be a Legal Tender in payment of Debts, the only Method they could in the distressed situation of the country fall upon, was by stamping Debenture Bills, as a Temporary expedient chargeable on the Public Treasury of this Province.

But as this Expedient is attended with great Inconvenience to the Public, and those Individuals who are to receive them may Suffer injury from their Depreciation, and as such Individuals are those who have, at the Hazard of their lives stood forth in support of his Majesty's Government and the Constitution of this Colony, to pray that in consideration of these People, as well as of the situation of this Province labouring under the greatest distress for want of a Currency, the Act of Parliament against issuing a paper Currency may be repealed, as far at least as respects this Colony; and that in the address the Committee set forth that the House will frame this Law, so as to prevent British creditors from suffering, should such currency depreciate in value. And Mr Howe, Mr Harnett and Mr Maurice Moore, are appointed a Committee accordingly.

Recd from the Council the follow Resolves.

£ s. d.
For allowing James Hasell Esquire
200
0
0
Richard Henderson Esquire
41
13
4
William Peyton £100. Fearnaught Beasley
10
0
0
Enoch Bradley and John Pain each
5
0
0
And Christopher Grants
2
11
0

The Resolve of this House allowing Thomas Garish, Moses Griffin, Daniel Pegram, Isaac Reed, James Hall, Thos Kilpatrick, Charles Harrington, Christopher Acklin, Sweeting Bond, William Fullerton, and Charles Yeates, twenty pounds per annum, and Thomas Tortle, James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John Nevil, William Lunsdale, and Thomas Carsely, be allowed fifteen

-------------------- page 214 --------------------
pounds per year each, and that William Gilbert, Thomas Clarke, and William Hescock, be allowed ten pounds per year each.

The Resolve of this House for allowing Anne Bryan, £150, Elizabeth Harper, Anne Ferguson and Faithy Smith £100 each.

The Resolve of this House respecting the Committee of Correspondence directing the Agent to sollicit permission to import Portugal and Spanish Salt.

The Resolve allowing John Rutherford Esquire, the same sum that Lewis Henry DeRosset was per report of the select Committee of Accounts, including the sum allowed him by the said Committee.

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

To his Excellency Josiah Martin Esquire, Captain Ceneral, Governor &c,

Sir,

We herewith send your Excellency Resolves of this House for allowing the Honble James Hasell Esquire two hundred pounds, Richard Henderson Esquire forty one pounds, thirteen shillings and four pence, William Peyton one hundred pounds, Enoch Bradley and John Pain five pounds each, Christopher Grants two pounds eleven shillings, Thomes Garish, Moses Griffin, Daniel Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles Harrington, Christopher Acklin, Sweeting Bond, William Fullerton and Charles Yeates wounded soldiers in the late Battle twenty pounds per annum each, Thomas Tortle, James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John Nevil, William Lunsdale, and Thomas Carsely, wounded soldiers, fifteen pounds per year each, William Gilbert, Thomas Clarke and William Hescock wounded soldiers ten pounds per year each, Anne Bryan one hundred and fifty pounds Elizabeth Harper, Anne Ferguson and Faithy Smith one hundred pounds each, Fearnaught Beasley ten pounds per year, and John Rutherford Esquire the same sum that Lewis Henry DeRosset Esqr was allowed per report of the Committee of Accounts including the sum allowed him by the said Committee; to which his Majesty's Honorable Council have concurred with and request your Excellency's assent thereto.

R. CASWELL, Sp.

Then the House adjourned till Monday morning 10 oClock.

-------------------- page 215 --------------------

Monday December 23rd 1771.

The House met according to adjournment

Recd from the Council the Resolve of this House, allowing Daniel Pegram and Thomas Garish twenty four pounds each.

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

To His Excellency, Josiah Martin Esquire Captain General, Governor &ca

Sir,

We herewith send your Excellency a Resolve of this House allowing Daniel Pegram and Thomas Garish twenty four pounds each concurred with by His Majesty's Honble Council and request your Excellency's assent thereto.

R. CASWELL, Sp.

On motion Resolved, that the Reverent James Reed be requested to publish the Sermon he preached yesterday, and that he be allowed ten pounds to defray the expenses of printing the same.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved, that the Revd James Reed be requested to publish the Sermon he preached yesterday at the Church in New Bern, that he be allowed ten pounds to defray the expense 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 Honors Concurrence.

R. CASWELL, Sp.

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

To his Excellency Josiah Martin Esquire Captain General, Governor, &ca, Sir,

This House have Resolved that the Committee of Correspondance instruct the Agent to solicit permission to import Portugal and Spanish Salt into this Province; and that the Speaker write to the Speaker of the House of Burgesses of Virginia, to desire they would direct their Agent to use his Interest for the same purpose, to which

-------------------- page 216 --------------------
the Council have concurred. This House therefore request your Excellencys assent thereto, and that you will use your Interest in support of the Agent for this Province therein.

R. CASWELL, Sp.

Sent by Mr Macknight and Mr Shepard.

Recd from the Council the Resolve of this House, allowing Reverend James Reed ten pounds.

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

To his Excellency Josiah Martin Esquire, Captain General, Governor, &ca,

Sir,

We herewith send your Excellency a Resolve of this House, for allowing the Reverend James Reed ten pounds, Concurred with by His Majesty's Honble Council, and request your Excellency's Assent thereto.

R. CASWELL, Sp.

Sent by Mr Macknight and Mr Shepard.

On motion Resolved, that James Barzie be allowed the sum of Twenty five pounds for repairing and fixing the Artillery for the Army, making Cartridges, Bags of grape shot for the swivel guns, and field pieces; and that the Treasurers, or either of them pay him the same, and be allowed in their accounts with the Public.

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that James Barzie be allowed the sum of twenty five pounds for repairing and fixing the Artillery for the Army, making Cartridges, bags of grape shot for the swivel guns and field pieces; and that the Treasurers, or either of them pay him the same, and be allowed in their Accounts with the Public; and desire your Honors Concurrence thereto.

R. CASWELL, Sp.

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

-------------------- page 217 --------------------

To His Excellency Josiah Martin Esquire, Captain General, Governor, &ca

Sir,

In answer to your Excellency's Message relative to the Arrearages in the hands of the Collectors of Public Taxes, we are to inform you the strictest orders have been given to the Treasurers to sue for such sums as are due, and to use their utmost endeavors to recover the same; so that we have not the least doubt but such Arrears will be immediately paid in.

R. CASWELL, Sp.

On motion Resolved that Robert Campbell, Deputy Adjutant General, be allowed fifteen pounds for extra services in the late Expedition against the Insurgents.

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

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 Honors Concurrence thereto.

R. CASWELL, Sp.

Sent by Capt Neale and Mr McKinnie.

Recd from the Council the estimate of the expence of that House which was read and Concurred with.

Recd from the Council the estimate of this House Concurred with

Also the Resolve of this House for allowing James Barzie twenty five pounds. Concurred with.

On motion Ordered the following Message be sent to his Excellency the Governor to wit,

To His Excellency Josiah Martin Esquire, Captain General, Governor &ca

Sir,

We herewith send your Excellency a Resolve of this House for allowing James Barzie the sum of twenty five pounds. Concurred with by His Majesty's Honble Council, and request your Excellencys assent thereto.

R. CASWELL Sp.

Recd from the Council the Resolve allowing Robert Campbell £15.

-------------------- page 218 --------------------

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

To His Excellency Josiah Martin Esquire, Captain General, Governor &ca.

Sir,

We herewith send your Excellency the Resolve of this House for allowing Robert Campbell Deputy Adjutant General, the sum of Fifteen pounds. Concurred with by his Majesty's Honble Council, and desire your Excellency's Assent thereto.

R. CASWELL, Sp.

Sent by Capt Neale and Capt McKinnie.

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

To His Excellency Josiah Martin Esquirf, Captain General, Governor, &ca

Sir,

We herewith send your Excellency the Estimate of the allowanees of this House, concurred with by his Majesty's Honble Council, and request your Excellency's assent thereto.

R. CASWELL, Sp.

Sent by Capt Neale and Capt McKinnie.

On motion Resolved that the Clerk of the Assembly take into his possession the Accounts and vouchers of the expenses incurred in the late Expedition, and also the Accounts and vouchers laid before the Committee of Accounts the two last years past.

On motion Resolved that the Treasurers or either of them, furnish the mace bearer, and door keeper of this House, with proper gowns, and be allowed in their accounts with the Public.

Recd from His Excellency the Governor the following Message, Vizt

Mr Speaker and Gentlemen of the House of Assembly,

I herewith return your estimate of Allowances, and the Resolves of your House, with the concurrence of His Majesty's Honble Council, in favour of Mr Robert Campbell and James Barzie, with my assent thereto.

JO. MARTIN.
-------------------- page 219 --------------------

Also the estimate and two Resolves of this House allowing Robert Campbell fifteen pounds, and James Barzie twenty five pounds.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolves of your House with the Concurrence of His Majestys Honble Council, in favour of Corns Harnett Esqr, Adam Boyd, John Kennedy, Philemon Hawkins, William Bourke, and Adam Boyd, with my assent thereto.


December 21st 1771.
JO. MARTIN.

Received at the same time the Resolves referred to in the above message, for allowing Cornelius Harnett Esqr £100, Adam Boyd £175, John Kennedy £4.4, Philemon Hawkins £3.15, William Bourke £21.11, and Adam Boyd £1.

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

Mr Speaker and Gentlemen of the House of Assembly,

In answer to your message, of this day, requesting my Interest in support of your Agents application for permission to import Portugal and Spanish Salt into this Province, I do assure you I will humbly recommend to his Majesty, in the strongest manner, that such allowance be granted to this Province.

JO. MARTIN.

Also the Resolve of this House, respecting the importation of Portugal and Spanish Salt.

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

Mr Speaker and Gentlemen of the House of Assembly,

I herewith return your Resolve, with the concurrence of His Majesty's Honble Council in favor of the Reverend Mr James Reed with my assent thereto.


December 23rd 1771.
JO. MARTIN.

Also the Resolve regarding the allowance to the Revd Jas. Reed for £10.

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

-------------------- page 220 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

I herewith send your several Resolves, with the Concurrence of His Majestys Honble Council bearing date 20th and 21st Instant, and your Resolve of this day, in favor of Daniel Pegram and Thomas Garish with my assent thereto.


December 23rd 1771.
JO. MARTIN

Also the Resolves of this House, for allowing the Honble James Hasell Esqr two hundred pounds, Richard Henderson Esqr forty one pounds thirteen shillings and four pence, William Peyton one hundred pounds, Enoch Bradley and John Paine five pounds each, Anne Bryan one hundred and fifty pounds, Elizabeth Harper, Anne Ferguson, and Faithy Smith, one hundred pounds each, Fearnaught Beasley ten pounds per year, Thomas Garish, Moses Griffin, Daniel Pegram, Isaac Reed, James Hall, Thomas Kilpatrick, Charles Harrington, Christopher Acklin, Sweeting Bond, William Fullerton, and Charles Yeates twenty Pounds per annum, Thomas Tortle, James Nelson, John Strange, Thomas Bryan, Benjamin Clash, John Nevil, William Lunsdale, and Thomas Carsley fifteen pounds per pear, William Gilbert, Thomas Clarke and William Hescock ten pounds per year, Christopher Grants two pounds eleven shillings, Daniel Pegram and Thomas Garish twenty four pounds each.

And the Resolve of this House for allowing John Rutherford Esqr the same sum that Lewis Henry DeRosset Esqr was per report of the Committee of Accounts, including the sum allowed him by the said Committee.

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

Mr Speaker and Gentlemen of the House of Assembly,

I have received your message of the 21st Instant, and am much concerned at your refusal to enable me to defray the charge of running the boundary Line between this Province and that of South Carolina, pursuant to His Majesty's Royal Instructions Communicated to you, which has been always done on former like occasions.

I will not fail faithfully to lay before His Majesty your Representations on this subject, at the same time, that I greatly fear it will be displeasing to the King to find that the Customary provision has not been made for carrying into present execution His Majesty's Royal and solemn determination.

JO. MARTIN.

New Bern December 23rd 1771.
-------------------- page 221 --------------------

Recd from His Excellency the Governor a verbal message requiring the attendance of the House at 5 oClock this afternoon at the palace.

Mr Speaker with the House waited on His Excellency the Governor in the Palace with what Bills they had ready for his assent when he was pleased to pass the following, vizt

The Bill for imposing a Tax of two shillings proc. money per 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.

The Bill for amending an Act, Intitled an Act, for erecting in the Town of Salisbury, a public gaol, pillory and stocks for the district of Salisbury, in this Province.

The Bill for appointing and empowering 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.

The bill to empower the Church Wardens and Vestrymen of the Parish of Saint Gabriels, in the County of Duplin, to sell the Glebe in the said Parish and County.

The Bill to continue an Act, Intitled an Act encouraging the destroying of Vermin in the several counties therein mentioned.

The Bill to amend an Act, Intitled an Act, for founding, establishing and endowing of Queens College, in Mecklenburg County.

The 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.

The Bill for laying out a public road from the Frontiers of this Province through the Counties of Mecklenburg, Rowan, Anson, and Cumberland to Campbelton.

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

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

The Bill to alter the Method of working upon the roads in the Counties therein mentioned.

The Bill for the further enabling, Francis Locke, Andrew Allison, Griffith Rutherford, Wm Temple Coles, former Sheriffs of Rowan County to collect the Arrearages of Taxes.

-------------------- page 222 --------------------

The Bill 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 prosecution.

The Bill for building a Court House in the Town of Salisbury, for the District of Salisbury.

The Bill to Impower the Freeholders of the several Parishes therein mentioned, to elect Vestries for their respective Parishes.

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

The Bill for erecting in the Town of Hillsborough a public gaol and gaolers house, for the District of Hillsborough, in this Province.

The Bill to enable the Freeholders of the Parish of Saint John in the County of Pasquotank, to elect a vestry, and provide for their poor.

The Bill to amend an Act for Regulating the several officers fees within this Province, and Ascertaining the Method of paying the same.

The Bill to amend an Act, Intitled an Act what fences are sufficient and to amend and continue an Act, relating to taking up stray Horses.

The Bill for appointing an Agent to sollicit the affairs of this Province at the several Boards in England.

The 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.

The Bill for the better Regulating the Pilotage of Cape Fear river, and other purposes.

Among the Bills presented to His Excellency the Governor, for his assent thereto, as before mentioned, were the following, vizt

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

The Bill to discontinue the poll Tax of one shilling, and duty of four pence per gallon, on rum, wine, and other spiritous Liquors.

The 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.

Which Bills his Exellency was pleased to reject, and they were rejected Accordingly.

-------------------- page 223 --------------------

Estimate of the allowances due and payable to the Members of Assembly at New Bern, Clerk, Officers and others, this present Session, towit,

£ s. d.
Mr Richard Caswell Sp
15
17
Mr Mau Moore
19
4
10 
Mr Cornelius Harnett
18
7
Mr John Ashe
18
7
Mr William Thomson
16
6
Mr Jacob Shepard
16
6
Mr Robert Howe
18
17
Mr William Davis
18
17
Mr James Bonner
13
13
Mr Moses Hare
17
10
Mr Wyriot Ormond
18
18
Mr Jacob Blount
15
18
Mr Christopher Neale
15
7
Mr James Blount
18
8
Mr Samuel Johnston
18
8
Mr John Woodhouse
19
19
Mr Henry White
20
11
Mr William Dickson
15
15
Mr Thomas Gray
15
15
Mr Aquilla Sugg
9
15
Mr Abner Nash
14
5
Mr Edward McSwain
15
18
Mr Thomas Polk
21
14
Mr William Cray
15
17
Mr Richard Ward
15
17
Mr Joseph Hewes
18
15
Mr John Wilcox
18
8
10 
Mr Thomas Eaton
15
2
Mr Isaac Brooks
18
8
10 
Mr Benjamin Hardy
14
13
10 
Mr Thomas Hynes
14
13
10 
Mr Richard Evans
15
10
10 
Mr Thomas Neill
22
6
Mr William Moore
22
6
Mr Willie Jones
18
15
Mr William McRee
7
13
Mr Edward Hare
18
10
Mr William Slade
8
18
10 
Mr John Dunn
20
10
Mr Matthew Locke
20
7
Mr Griffith Rutherford
20
7
Mr Ferd Campbell
16
10
Mr James Picket
18
4
10 
Mr James Moore
18
7
Mr Hugh Waddell
17
19
Mr John Harvey
21
15
Mr William Tisdale
18
1
Mr John Kimbrough
18
1
Mr Joseph Montfort
15
7
Mr Thomas Person
16
10
00 
Mr Robert Lanier
17
7
Mr William McKinnie
13
18
Mr Francs Mackilwean
13
18
Mr John Campbell
18
4
Mr Charles Robinson
16
10
Mr William Alston
10
6
Mr Howell Edwards
12
8
10 
Mr Andrew Knox
16
3
Mr William Haywood
12
6
Mr Alexander Stewart
11
1
Mr John Hooker
10
18
10 
Mr Thomas Macknight
18
2
Mr Edward Vail
12
15
Mr Benja Wynns
9
17
00 
Mr Francis Nash
10
00
Mr Ralph McNaire
9
12
10 
Mr William Person
6
8
10 
Mr Joseph Jones
9
11
James Green Junr Clk
21
17
Benja Fordham M. B
10
18
10 
Francis Lynaugh D. K
10
18
10 
-------------------- page 224 --------------------
£ s. d.
James Green Junr Clk. three transcripts of the Journals
15
0
0
James Green for stationary
5
0
0
James Green for extra services
120
0
0
James Glasgow Assistant Clerk
25
0
0
Benja Fordham, M. Beam for extra services
25
0
0
Francis Lynaugh door keeper for extra services
25
0
0
Wm Brimage for copying and engrossing
5
0
0
James Parratt for ditto
5
0
0
Francis Brice for ditto
6
0
0
John Gray Blount for ditto
5
0
0
John Burgwin for ditto 8 bills and cash paid on express
12
10
0
Samuel Budd, for copying and engrossing Bills
8
0
0
James Glasgow for ditto
51
0
0
Francis Lynaugh for firewood and Attending your Committee
12
0
0
Trustees for the use of the school in New Bern
40
0
0
Report of the Committee of Claims, Vizt
£ s. d.
Thomas Sitreaves
18
14
8
Felix Kenan
2
0
0
John Ramsey
80
0
0
Isaac Edwards per Secretary
60
0
0
James Coor
80
0
0
John Simpson
80
0
0
Roger Ormond
70
0
0
Wyriot Ormond
5
0
0
William Bryan
18
10
8
Christopher Neale
1
0
0
His Excellency the Governor
49
8
10
James Harris
80
0
0
Memucan Hunt
3
9
0
Moses Alexander
2
3
4
Robert Palmer Esquire
552
11
7
Francis Lynaugh
8
10
0
Dempsey Sawyer
11
3
4
John Burroughs
9
13
4
John Nickles
39
1
6
Montfort Elbeek
10
12
4
-------------------- page 225 --------------------
£ s. d.
Mial Scurlock
15
0
0
Duncan McNeil
20
0
0
James Glasgow
21
13
0
William Nichols
3
16
0
John Stevens
8
1
4
James Biggleston per Secretary
152
0
8
Nathan Bateman
22
1
10
Robert Salter
2
0
0
Edward Salter
1
0
0
Jesse Benton
10
14
8
Abraham Tyson
7
18
0
Mauj Wyre
4
10
0
James Glasgow
10
0
0
Samuel Frazier
8
0
0
James White
8
17
4
Thomas Sitgreaves
2
9
0
James Glasgow
25
0
0