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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
January 25, 1773 - March 06, 1773
Volume 09, Pages 447-591

North Carolina—

At an Assembly begun and held at New Bern the Twenty fifth day of January in the Thirteenth year of the Reign of our Soverign 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 three, being the first session of this Present Assembly.

In the House of Assembly.

The Clerk of the Crown having certified that the following persons were duly elected and returned Representatives for the respective Counties and Towns vizt.

Anson—Charles Robinson, James Picket.

Bladen—William McRee, Thomas Robeson Jr.

Beaufort—Thomas Respass, Roger Ormond.

Bath—Wyriot Ormond.

Brunswick—Robert Howe, William Davis.

Bute—William Person, Benja Ward.

Carteret—William Thomson, Jacob Shepard.

Currituck—Henry White, Thos Macknight, Samuel Jarvis, John Woodhouse, Francis Williamson.

Craven—James Coor, Lemuel Hatch.

Chatham—Isaac Brooks, William Grave.

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Chowan—Edward Vail, James Blount, Samuel Johnston, Thomas Oldham, Thomas Blount.

Campbelton—William Hooper.

Dobbs—Richard Caswell, Stephen Blackman.

Duplin—Thomas Gray, James Kenan.

Edgecombe—William Haywood, Aquila Sugg.

Granville—Robert Lewis, Thomas Person.

Guilford—Alexander Martin, John Kimbrough.

Halifax—Benja McCulloh, John Alston.

Halifax Town—Joseph Montfort.

Hyde—Samuel Smith, Edward McSwain.

Town of Hillsborough—Francis Nash.

Johnston—William Bryan, John Smith.

Mecklenburg—Martin Phifer, John Davidson.

New Bern—Christopher Neale.

New Hanover—John Ashe, James Moore.

Northampton—Allen Jones, Jeptha Atherton.

Orange—John Gray, Ralph McNair.

Onslow—Ezekiel Hunter, Edward Starkey.

Pasquotank—Lemuel Sawyer, Joseph Jones, Thomas Macknight, Jonathan Herring, Demsey Burgess.

Perquimans—Benjamin Harvey, John Harvey, Andrew Knox, Nath Williams, Thomas Harvey.

Rowan—Matthew Locke, Griffith Rutherford.

Surry—Robert Lanier, Jonathan Hampton.

Tyrrell—Thomas Stewart, Benja Spruill, Jeremiah Frazier, William Slade, John Hooker.

Pitt—John Simpson, George Evans.

Wake—Joel Lane, Thomas Hines.

Wilmington—Corns Harnett.

Pursuant to which the following Members appeared Vizt

Mr John Ashe, Mr Cornelius Harnett, Mr Robert Howe, Mr Thomas Person, Mr Henry White, Mr John Harvey, Mr Richard Caswell, Mr Alexander Martin, Mr Benjamin Harvey, Mr Jeptha Atherton, Mr Joel Lane, Mr John Smith, Mr Edward Starkey, Mr Martin Phifer, Mr Isaac Brooks, Mr Allen Jones, Mr William Haywood, Mr Joseph Montfort, Mr William Hooper, Mr Thomas Macknight, Mr Samuel Jarvis, Mr Francis Williamson, Mr Jacob Shepard, Mr Lemuel Hatch, Mr Benjamin Ward, Mr Mathew Locke, Mr William Grave, Mr Christopher Neale, Mr Ezekiel Hunter, Mr

-------------------- page 449 --------------------
Mr Stephen Blackman, Mr Roger Ormond, Mr Griffith Rutherford, Mr Jonathan Hampton, Mr John Simpson, Mr Aquilla Sugg, Mr William Person. Mr Benjamin Spruill, Mr Jeremiah Frazier, Mr John Alston, Mr Thomas Stewart, Mr Thomas Gray, Mr John Davidson, Mr James Coor, Mr Joseph Jones, Mr William McRee, Mr Thomas Robeson Jr, Mr John Kimbrough, Mr John Hooper, Mr William Bryan, Mr William Thomson, Mr James Kenan, Mr Samuel Smith, Mr John Gray, Mr Thomas Respass, Mr Robert Lanier, Mr Thomas Hines, Mr Charles Robinson, Mr Robert Lewis, Mr Jonathan Herring, Mr Lemuel Sawyer.

The Clerk of this House waited on His Excellency the Governor and acquainted him, that a sufficient number of Members to constitute a House were met, and to desire his Excellency to appoint some of the Members of Council to see them qualified, and being returned brought for answer, that his Excellency would appoint two of the Members accordingly.

The Honble Alexander McCulloch and Samuel Cornell Esquires two of the Members of Council came to the House and the above sixty Members were qualified by taking the Oaths by Law appointed for the qualification of Public Officers, and repeating and subscribing the Test.

Mr Caswell and Mr Howe waited on His Excellency the Governor to inform him that the Members had qualified, and that they waited to receive his Commands, who being returned reported to the House that His Excellency would send a Message for the Members to wait on him.

Recd from His Excellency the Governor a verbal Message by his Secretary desiring the immediate attendance of the Members in the palace.

The Members waited on His Excellency the Governor in the palace, when he was pleased to direct that they return to the House and make choice of a Speaker.

The Members being returned to the House, Mr Caswell proposed, and set up John Harvey Esquire, who was unanimously chosen Speaker, and placed in the Chair accordingly.

On motion ordered Mr Martin and Mr McRee wait on His Excellency the Governor, and acquaint him the House had made choice of a Speaker, and desire to know when they shall wait on His Excellency to present him; being returned informed the House His Excellency would send a Message when he would receive them.

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Recd from His Excellency The Governor a verbal Message by Mr Biggleston his Secretary, requiring the immediate attendance of the House in the palace.

The House waited on His Excellency the Governor in the Palace and presented their Speaker, whom His Excellency was pleased to approve of.

Then Mr Speaker requested His Excellency to confirm the rights and privileges of the House, and that no mistake or error of his might be imputed to the House, to which His Excellency was pleased to answer, he would support the House in all their just rights and privileges; and then made a Speach to His Majesty's Council and this House.

Mr Speaker with the House being returned, Mr Speaker reported that His Excellency the Governor had made a Speach 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 Speach be read, read the same and it is as follows, to wit.

[For the Governor's Speech see Journal of Upper House.—Editor.]

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 26th January 1773.

The House met according to adjournment.

On motion James Green jr is appointed Clerk to this House, Benj Fordham Mace Bearer, and Francis Linaugh and Evan Swann Doorkeepers.

On motion ordered that Messrs Hooper, Montfort, Caswell, Martin and Howe be a committee to prepare an address in answer to His Excellency the Governors speech, and report the same to the House for approbation.

On motion ordered that Messrs Caswell, Macknight, Allen Jones, Coor, Jarvis, William Person, Neale, Thomson, Sawyer, Starkey, Thomas Gray, Stewart, Shepard, Simpson and Harnett be a Committee of priviledges and elections, and that they have power to send for persons, papers and records as the case may require.

On motion ordered that Messrs Harnett, Allen Jones, Simpson, Macknight, Thomson, Stewart, Coor, Lock, Thos. Person, Williamson, Lane, Starkey and Sawyer be appointed a Committee of Public accounts, And that Messrs Caswell, Hunter, Neale, Martin, Rutherford, Wm Bryan, Ormond, Kimbrough, Phifer, Brooks, Jarvis, Gray,

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Shepard, John Alston, and Thomas Robinson be appointed a Committee of Public Claims in conjunction with such of the members of his Majesty's Honorable Council as they shall think fit; and that the following Message be sent to the Council, to wit,

Gentlemen of His Majesty's Honorable Council.

This House have appointed Messrs Harnett, Allen Jones, Simpson, Macknight, Thomson, Stewart, Coor, Lock, Thos Person, Williamson, Lane, Starkey, and Sawyer on the Accounts, And that Messrs Caswell, Hunter, Neale, Martin, Rutherford, William Bryan, Ormond, Kimbrough, Phifer, Brooks, Jarvis, Gray, Shepard, John Alston, and Thos Robinson a Committee of this House to settle and allow Public Claims, in conjunction with such of your Honors as you may think fit to appoint.

JOHN HARVEY, Sp.

Sent by Mr Howe and Mr Hooper.

On motion ordered that William Marchment, Wm Townley, Michael Condany, William Page, John Tarver, Thomas Watts, James McCasland Senior, Lawrence McManus, George Powell, Patrick Whenly, Jacob Craton, Robt Byars, Randal Alexander, Frederick Pfeil, John Freeman, Richard Hall, Moses Kennell, and Lambeth Syllivan be exempt from the payment of public taxes and doing public duties.

Mr Alexander McAlister one of the Members for the County of Cumberland appeared

On motion ordered that Messrs Blackman, Williamson, Hooker, Phifer, Roger Ormond, Herring, Thomson, Saml Smith, Ashe, Alston, McRee, Atherton, Hatch, Starkey, Wm Person, Grave, Hampton, Lock, Bryan, Kenan, Sugg, John Gray, Hines, Lewis, Simpson, Neale, Martin, Charles Robinson, Thomson, McAlister and Davis be appointed a Committee of Propositions and Grievances.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday 27th January 1773.

The House met according to adjournment.

Mr William Davis one of the Members for the County of Brunswick, and Mr Benjamin McCulloh, one of the members for Halifax County appeared,

On motion ordered that William Steel, and Ignatious Wheeler, of Surry County, Loftin Quinn, William Barnes, James Hutchingson,

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Joshua Mezzick, William Bevin, James Salter and Thomas Bragg, of Carteret County, and William Chandler of Currituck County be exempt from paying public taxes and doing public duties.

Mr Howe moved for leave to prepare and bring in a Bill of Pardon and oblivion to the persons concerned in the late Insurrection, except such persons as are therein exempted.

Ordered that Mr Howe and Mr Martin prepare and bring in the same.

The House being informed by the return of the Certificates from the Clerk of the Crown that Mr Thomas Macknight has been duly elected for the Counties of Currituck and Pasquotank, and having taken his seat for the aforesaid County of Currituck, by which there is a vacancy of one Member for the said County of Pasquotank; and that Mr Thomas Blount who was elected one of the Members for Chowan county and Mr Edward McSwain who was elected one of the members for Hyde County, and Mr John Woodhouse who was elected one of the Members for Currituck County are dead.

On motion ordered His Excellency the Governor be addressed to direct the Clerk of the Crown to issue Writs for electing members for the aforesaid counties to sit and vote in this present Assembly in the room and stead of the said Messrs. Thomas Macknight, Thomas Blount, Edward McSwain and John Woodhouse.

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

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

Sir,

This House having been informed by the return of the Certificates from the Clerk of the Crown, That Mr Thomas Macknight has been duly elected for the Counties of Currituck and Pasquotank, and having taken his seat for the former, occasions a vacancy of one member for the latter, and that Mr Thomas Blount who was elected one of the members of Chowan County, Mr Edward McSwain, who was elected one of the members for Hyde County, and Mr John Woodhouse who was elected one of the members for Currituck County are dead, Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue Writs for electing Members for the said several Counties to sit and vote in this present Assembly

JOHN HARVEY Speaker.
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Sent by Mr Macknight and Mr Herring.

On motion, Resolved that the Treasures or either of them do furnish the Mace Bearers and Door keepers of the Council and this House, with decent Gowns immediately, and be allowed in their accounts with the public; And that the following Message be sent to the Council Vizt,

Gentlemen of His Majesty's Honble Council,

This House resolved that the Treasurers or either of them furnish the Mace Bearers and Doorkeepers of the Council and this House with decent Gowns immediately, and be allowed in their accounts with the public; and desire your Honors Concurrence thereto.

JOHN HARVEY Sp.

Sent by Mr Shepard and Mr Neale.

Recd from the Council the following Message, Vizt,

Mr Speaker and Gentlemen of the Assembly,

In answer to your Message relative to the Committees, This House have appointed the Honble John Rutherford, Alexander McCulloch, William Dry, Samuel Strudwick, and Samuel Cornell Esquires a Committee of this House to examine state and settle the public Accounts; and the Honble Lewis DeRosset, John Sampson, and Martin Howard Esquires, a Committee of this House to settle and allow the public claims.

In the upper House 27th January 1773.

The Honble Alexander McCulloch and Martin Howard Esquires two of his Majestys Council came to the House, and Mr Alexander McAlister, Mr Benjamin McCulloh, and Mr William Davis, and James Green Jun, Clerk to this House were qualified by taking the several Oaths by Law appointed for qualification of Public Officers, repeating and subscribing the Test.

Then the House adjourned 'till 10 oClock tomorrow morning.


Thursday 28th January 1773.

The House met according to adjournment.

Mr. Hatch moved for leave to absent himself from the services of this House till tomorrow. Granted.

Mr Hooper from the Committee appointed to prepare an address to His Excellency the Governors Speech informed the House that

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the said Committee had prepared the same, which he read in his place and delivered in at the Table.

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

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

We his Majestys dutiful and loyal subjects the Representatives of North Carolina in General Assembly met, return your Excellency our thanks for your Speech delivered at the opening of the Session.

The attention which you have given to the Convenience of the Members of this House, in the season which you have made choice of to call them together, merits their grateful Acknowledgements. With minds disengaged from the Avocations of their own Private employments, they will meet fewer obstacles to interrupt their Progress in the prosecution of the Public concerns.

We heartily concur with your Excellency in our wishes to extinguish the remembrance of that unhappy Insurrection which lately disturbed the peace property and security and aimed at the subversion of the Constitution of this Province. It is a mark of his Majesty's kind and paternal attention, that he has thought fit to extend mercy to several of the offenders, unwilling to make a sacrifice to the violated Laws of their Country more extensive than Exemplary vindictive justice unavoidably required.

That part which falls to the share of this House to make his Majesty's intentions effectual will be a subject meet for their consideration, and excite their endeavors to make the purposes purposed by it lasting and happy.

We are fully sensible that it is consistent with the principles of sound policy to prevent rather than punish Crimes, and that all Laws conducive to this end are beneficial to Society, whatever defects therefore our Criminal Laws may labour under we will with pleasure repair and add to our Infant stock whatever may be derived from the Constitution of our Mother Country and usefully adapted to the natural and Political Circumstances of this Province.

The Institution of Courts of Justice is the basis of Government, and claims attention equal to the importance of the object. In the formation of Laws to establish a system of Jurisdiction for this Province, we shall use our utmost endeavours to found them on

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principles consistent with the circumstances of those who are to be Governed by them to make their scope liberal, their end beneficial, and these blessings permanent. Courts derive much respect from the character of those who preside in them; and the provision we may make for the support of Judges, we shall endeavour to render equal to the importance of the Trust, and not unworthy the acceptance of men of abilities and integrity.

The concern which your Excellency expresses at the present state of our public funds, gives us a convincing proof, that you warmly interest yourself for the benefit of this Province, in a matter of the utmost consequence to its internal policy, if from fraud or accident which at some time or other creep into the most refined political institutions our funds have been disordered, or their credit impaired, if the public monies have had an application inconsistent with the intention of the Legislature which emitted them, and injurious to the public faith, the evil is important, we will strive to discover the causes, redress the present grievances and prevent the repetition of them.

Sheriffs as the Executive officers of Public Justice or the receivers of the public revenue make an important part in the Constitution of this Country. As their power is considerable we shall guard against the undue exertion of it, and endeavour to place that office upon such a foundation as may prevent for the future the many abuses which have had their source in fraud and corruption and disturbed the quiet of this Colony.

The happy effects of his Majesty's most gracious interposition with respect to the deluded Inhabitants settled in the interior part of this Province, and the share your Excellency has had in making that peace and order which hath been restored permanent and effectual claim a tribute of thanks from this House. Abuses that flow from malicious prosecutions or holding to bail without cause of action argue the degeneracy of the Human mind, and are evils incident to a free constitution in this Province; they have been often the causes of discontent to individuals and have shocked the public peace. Consistent with the rights of British subjects we wish to apply a remedy. We shall give a suitable attention to the state of the Garrison at Fort Johnston, and make such provision for it, as the interest and security of this Province may require.

Our desires to promote unanimity and dispatch in the conduct of the business of the present session keep pace with your Excellency's

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inclinations, and we shall be ready upon every occasion to contribute to make your Administration easy to yourself and happy to this Province, in the prosperity of which you so Benevolently interest yourself.

JOHN HARVEY, Sp.

Received from His Excellency the Governor the following message, Vizt

Mr Speaker and Gentlemen of the House of Assembly,

Pursuant to the desire of your House by its Message of this date, I have directed the Clerk of the Crown to issue Writs forthwith for the Election of one Member in each of the Counties of Pasquotank, Chowan, Hyde, and Currituck, to sit and vote in the present Assembly.

JO. MARTIN.

New Bern, January 27th 1773.

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

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration a petition from the United Brethren of Wachovia in this Province, whose sober industry; and orderly, peaceable and exemplary conduct engage me to recommend their case to your indulgent attention.

JO. MARTIN.

Recd at the same time the Petition referred to in the above Message. Ordered that the said petition lay for consideration.

On motion, Resolved that the House resolve into a Committee of the whole House to take under consideration the Court Laws.

The House resolved into a Committee of the whole House accordingly, and chose Mr William Haywood Chairman, after some time spent, the Committee came to several Resolutions thereon. Then on motion Mr Speaker resumed the Chair, and Mr Chairman reported to the House the resolutions of the Committee as follows, to wit,

Resolved that it is the opinion of this Committee that a Committee be appointed to prepare and bring in a Bill for dividing this Province into several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and for regulating the proceedings therein.

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Resolved that it is the opinion of this Committee that a Committee be appointed to prepare and bring in a Bill for establishing Inferior Courts of pleas and quarter sessions in the several counties in this Province.

On motion ordered that Messrs Caswell, Starkey, Hooper, Macknight, Montfort, Martin, Harnett, Howe and Lane, be a Committee to prepare and bring in a Bill for dividing this Province into several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and regulating the proceedings therein.

On motion ordered that Messrs. Harnett, Gray, Howe, Ashe, Hooper, Lane, Roger Ormond, Thos Person, Benj. Harvey, Neale and Allen Jones, be a Committee to prepare and bring in a Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province.

On motion ordered that Messrs. Caswell, Macknight, Martin, Neale, Thos Gray, McCulloh, Roger Ormond, Hooper and Harnett be a Committee to enquire what laws are expired or are near expiring and report the same to the House with their opinion of such laws as are necessary to be revised amended or continued,

On motion ordered that Messrs. Haywood, Thos Person, and Allen Jones be a Committee to prepare and bring in a Bill for directing the method of appointing Jurors in all cases, civil and criminal,

On motion ordered that Messrs. Harnett, Thomas Person, Montfort, Allen Jones, Williamson, Coor, and Hooper be a Committee to prepare and bring in a Bill for appointing Sheriffs and Coroners and directing their duty in office.

Mr Hooper moved for leave to prepare and bring in a Bill for the relief of insolvent Debtors, with respect to the imprisonment of their persons.

Ordered he have leave accordingly.

Mr Howe moved for leave to prepare and bring in a Bill for establishing Triennial Assemblies in this Colony, and for regulating elections.

Ordered he have leave accordingly.

Mr Caswell presented the petition of William Cumming complaining of an undue election for the County of Pasquotank praying relief &ca

Ordered that the said petition be referred to the Committee of priviledges and elections.

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On motion ordered that Thomas Bird of Bute County, Robert Downing of Granville County, and Benjamin Wallers of Wake County be exempted from the payment of public taxes and doing public duties.

Then the House adjourned till tomorrow morning 10 oClock.


Friday January 29th 1773.

The House met according to adjournment.

Recd from His Excellency the Governor the following Message Vizt

Mr Speaker and Gentlemen of the House of Assembly,

I have thought proper to communicate to you the Royal Instruction relating to attachments, of which I send a copy herewith, that you may be acquainted with the rule that must govern my conduct with respect to Laws touching those matters, and the generous principle upon which it is founded leaves me no room to doubt of your ready conformity thereto.

JO. MARTIN.

New Bern January 29th 1773.

Mr Lanier presented the petition of sundry inhabitants of the north part of Rowan County praying to be added to Surry County.

Mr Lanier moved for leave to bring in a Bill pursuant to the prayer of the said petition.

Ordered he have leave accordingly.

Mr Lanier 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 Hampton.

On motion ordered that Jeremiah McFaden, Major Burley, Walter Matthias, John Gossep, Robert Duff, Patrick Morrow, Thomas Ward, Randal Miller, Charles Mitchell, and Alexander Gilbreath of Guilford County, and Job Ives, Josiah Woods, and John Bright of Craven County be exempted from the payment of public taxes, and doing public duties.

Mr Andrew Knox one of the Members for Perquimans County, Mr James Blount and Mr Thomas Oldham two of the Members for Chowan County and Mr Benjamin Wynns and Mr Benjamin Wynns Junr. the two Members for Hertford County appeared.

Then the House adjourned till tomorrow morning 10 oClock.

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Saturday 30th January 1773.

The House met according to adjournment

Mr Stewart moved for leave to present a Bill for erecting part of the Counties of Halifax and Tyrrill into one distinct County and Parish, and for other purposes therein mentioned.

Ordered he have leave accordingly.

Mr Stewart 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 Stewart and Mr Spruill.

On motion ordered, Mr Martin and Mr Thomson wait on His Excellency the Governor and acquaint him this House have prepared an address in answer to His Excellencys speech, and desire to know when they shall present it, being returned brought for answer that His Excellency would receive the address on Monday at one oClock.

The Honble Alexander McCulloch and Martin Howard Esquires, two of His Majesty's Council came to the House, and Mr Andrew Knox, Mr James Blount, Mr Thomas Oldham, Mr Benjamin Wynns, and Mr Benjamin Wynns Junr. were qualified by taking the several Oaths by Law appointed for the qualification of public officers and repeating and subscribing the test.

Mr Caswell Chairman from the Committee of Priviledges and Elections reported that the said Committee had taken under their consideration the petition of William Cumming to them referred by this House, and came to several resolutions thereon which he was directed to report, when the House would receive the same.

Resolved the House receive the same which is as follows, to wit,

It appears to your Committee that from the time of issuing the Writs of election to the County of Pasquotank to the day of election there was no Sheriff in that County.

That Dempsey Sawyer Esquire did execute the office of coroner of the said County at that time.

That Isaac Gregory Esquire was appointed Sheriff of Pasquotank County, and on the day of election qualified as such.

That as soon as the said Sheriff was qualified which was about twelve oClock he opened the poll for the said election which was continued open until ten or fifteen minutes after sunset.

That the said Gregory previous to his qualification and to the

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election had by advertisement given ten days notice that the said election was to be made on the day the election was held.

That on the day of election after opening the poll, and before closing the same, he did at two or three different times make proclamation for the Freeholders to come in, and give their votes, and had time to have taken a greater number of Suffrages than were given.

That two persons were appointed inspectors of the poll, who went off the Bench and handed about papers or lists containing the names of persons by them recommended to be voted for. But it does not appear to your Committee that the same had any undue influence in the said election.

Resolved that the said facts as they appear to this Committee be reported to the House for their consideration.


New Bern 29th January, 1773.
RICHd CASWELL, Chair.

The House taking the same into consideration

Resolved, That the said election of Pasquotank County is illegal, and that the following message be sent to His Excellency the Governor,

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

Sir,

It having been made appear to this House that the late election of Representatives for Pasquotank County was contrary to Law, We therefore desire your Excellency to direct the Clerk of the Crown to issue new Writs for electing five members for the said County duly qualified to sit and vote in this present Assembly.

JOHN HARVEY, Speaker.

Sent by Mr Martin and Mr Oldham.

Recd from the Council the Bill for annexing the north part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct Parish, and,

The Bill for erecting part of the Counties of Halifax and Tyrrell into one distinct County and Parish and for other purposes

Endorsed in the upper House 30th January 1773. Read the first time and passed.

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Also the Resolve of this House regarding Gowns to be furnished the Mace Bearers and Doorkeepers of the Council and this House.

Endorsed in the upper House 30th January 1773. Concurred with.

JAS. HASELL P. C.

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

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

We herewith send your Excellency a resolve of this House impowering the Treasurers or either of them to furnish the Mace Bearers and Doorkeepers of the Council and this House with proper Gowns. Concurred with by His Majestys Honble Council and request your Excellencys assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Martin and Mr Oldham.

Mr Hooper moved for leave to present a Bill to prevent the crime of Horse stealing.

Ordered he have leave accordingly.

Mr Hooper 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 Phifer.

Mr Rutherford presented the petition of sundry of the Inhabitants of the western part of Rowan County praying a division of the said County.

Mr Rutherford moved for leave to bring in a Bill pursuant to the prayer of the said petition.

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 Phifer.

On motion ordered Mr Samuel Smith have leave to absent himself from the service of this House 'till Thursday next.

On motion ordered that Richard Briggs, Hescoat Medlock, Thos Brown, John Simmons, William Jones, and William Washington Junr of Granville County be exempted from the payment of public Taxes and doing public duties.

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On motion ordered that in all future Certificates from the Inferior Courts of this Province to this House, requiring an Exemption from Public Taxes, that the Circumstances of disability for which Exception is required, shall be particularly expressed therein.

Mr Hooper moved for leave to prepare and bring in a Bill for regulating the Borough of Campbelton, and erecting public buildings therein.

Ordered he have leave accordingly.

Mr Phifer presented the petition of sundry of the Inhabitants of Rowan and Mecklenburg Counties praying a Law may pass for establishing a public Seminary of Learning in the Western part of this Province.

Ordered that Mr Phifer have leave to present a Bill pursuant to the prayer of the said petition.

Mr Phifer 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 Lock and Mr Davidson.

On motion ordered that Mr Andrew Knox be added to the Committee of Accounts.

Then the House adjourned 'till Monday Morning 10 oClock.


Monday 1st February 1773.

The House met according to adjournment

Mr Haywood moved for leave to present a Bill for keeping the Lord's Day commonly called Sunday, and for the more effectual suppression of vice and immorality.

Ordered he have leave accordingly.

Mr Haywood 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 Wm Person and Mr Hunter.

Mr Robinson presented sundry certificates from the Inferior Court of Anson County therein recommending that John Poston, Samuel Swearenger Senr. and Charles Powell of Anson County to be exempted from the payment of public taxes, and doing public duties

Ordered they be exempt accordingly.

Mr McRee presented a petition from Sundry of the Inhabitants of Bladen County, Praying a Law may pass for establishing a Town on

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the land of Isaac Jones on the south west side of the north west branch of Cape Fear River

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

Mr McRee 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 Davis and Mr McRee.

Recd from the Council the following Bills, to wit,

The Bill for establishing a public Seminary of Learning in the western part of this Province

The Bill for establishing the westward part of Rowan County into a separate and distinct County and Parish &ca

The Bill to prevent Horsestealing, Endorsed 30th January 1773, In the upper House, read the first time and passed.

Mr Rutherford 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 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 Davidson and Mr Ormond,

Mr Starkey presented a petition from sundry of the Inhabitants of Carteret County, Praying to be annexed to Onslow County &ca

On motion, ordered that Mr Starkey have leave to prepare and bring in a Bill to annex part of Carteret County to Onslow County.

Mr Starkey 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 Davidson and Mr Ormond.

Mr Davis moved for leave to present a Bill for erecting a public gaol and gaolers House in the Town of Wilmington for the District of Wilmington.

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 Neale and Mr Shepard.

Mr Martin moved for leave to present a Bill for the relief of Persons who have or may suffer by their deeds and Mesne conveyances

-------------------- page 464 --------------------
not being proved and registered within the time heretofore appointed by Law.

Ordered he have leave accordingly.

Mr Martin 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 Neal and Mr Shepard.

Recd from the Council the following Bills vizt,

The Bill for keeping the Lords day, commonly called Sunday, and for the more effectual suppression of vice and immorality.

The Bill to annex part of Carteret to Onslow County.

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

Endorsed, In the upper House 1st Feby, 1773, read the first time and passed.

Mr Johnston one of the Members of Chowan County, Mr George Evans one of the Members of Pitt County, and Mr Joseph Hewes the Member for Edenton appeared.

The Honble John Sampson and Samuel Cornell Esquires two of His Majesty's Council came to the House and Mr Johnston, Mr Evans and Mr Hewes were qualified by taking the several oaths by Law appointed for qualification of Public officers, and repeating and subscribing the Test.

Recd from the Council the following Bills Vizt,

The Bill for erecting a public gaol and gaolers house in the Town of Wilmington for the District of Wilmington.

The Bill for the relief of persons who have or may suffer by their deeds and Mesne conveyances not being proved and registered within the time heretofore appointed by Law. Endorsed, In the upper House 1st Feby 1773. Read the first time and passed.

Mr Martin moved for leave to present a Bill for the more effectual punishment of counterfeiters of the public Debenture Bills of Credit of this Colony and Coin.

Ordered he have leave accordingly.

Mr Martin 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 Atherton and Mr Evans.

Mr Martin presented the petition of John Tygart and Francis Adams late Sheriffs of Tryon County praying relief of being chargeable

-------------------- page 465 --------------------
with the collection of the Taxes taken into South Carolina by the dividing line between this Province and South Carolina.

Ordered that Mr Martin have leave to present a Bill pursuant to the prayer of the said petition.

Mr Martin 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 Atherton and Mr Evans.

Mr Speaker with the House waited on his Excellency the Governor 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 and presented him with the address of this House, to which his Excellency was pleased to return an answer a copy of which he had obtained and laid the same before the House.

Ordered the same be read. The same was read, and ordered to be entered on the Journals, towit,

Mr Speaker and Gentlemen of the House of Assembly,

Accept my hearty thanks for this Address. The assurance you give me of your attention, to the several important objects that I have recommended to your consideration, I consider as happy presages, that such lasting advantages will result to this Colony from your present deliberations, as will honorably distinguish this session in the annals of your Country, recommend you to the approbation of his Majesty, and entitle you to the grateful acknowledgements of your Constituents.

I receive with equal gratitude and satisfaction your obliging expressions towards myself, it is my duty, and it will ever be my study, by a conduct uniformly and steadily directed to the Honor of his Majesty's Government, and to the happiness of his people committed to my care, to making my Administration as much as possible, conducive to the good of this Country, sensible that these are the only means, by which I can hope to deserve the favor of my Sovereign, and to confirm you in your kind disposition towards me.


New Bern February 1st 1773.
JO. MARTIN.

On motion ordered that Mr Samuel Johnston, Mr Joseph Hewes and Mr. Thomas Respess be added to the Committee of Accounts, and that Mr James Blount be added to the Committee of Claims.

Mr Gray moved for leave to present a Bill to amend an Act, for

-------------------- page 466 --------------------
appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County.

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 Hatch and Mr Gray.

Mr Howe from the Committee appointed to prepare and bring in a Bill of Pardon and Oblivion to the persons concerned in the late Insurrection except such persons as are therein excepted, presented the same, which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Gray.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 2nd February 1773.

The House met according to adjournment.

Mr Thomson presented a petition from sundry of the Inhabitants of Carteret county praying a Law may pass for restraining the fishery in said county.

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

Sent by Mr Thomson and Mr Shepard.

Mr Caswell moved for leave to present a Bill to amend an Act, Intitled an Act for establishing a school house in the Town of New Bern.

Ordered he have leave accordingly.

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

Sent by Mr Thomson and Mr Shepard.

Mr Kimbrough presented a petition from sundry Inhabitants of Guilford County praying a Law may pass for altering the place fixed upon by the Commissioners for building a Court House prison and stocks for the said County.

Mr Kimbrough presented a Bill pursuant to the prayer of the petition which he read in his place and delivered in at the Table

-------------------- page 467 --------------------
where the same was again read passed and ordered to be sent to the Council.

Sent by Mr Kimbrough and Mr Lanier.

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

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration a petition of sundry Freeholders and Inhabitants of the County of Guilford, by which it appears that the dissenters in that County think themselves aggrieved by an Act of the last Session of the General Assembly; whereby they are are distinguished with disadvantages from the rest of their body in this Province, In remedy of which I would recommend to you to put that whole denomination of people, upon one uniform footing throughout the Province, agreeable to the Laws of England.

JO. MARTIN.

New Bern 1st February 1773.

Recd at the same time the petition referred to in the above message which was read.

Mr Martin moved for leave to present a Bill pursuant to the prayer of the said petition.

Ordered he have leave accordingly.

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

Sent by Mr Martin and Mr Jarvis.

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

Mr Speaker and Gentlemen of the House of Assembly,

In consequence of the Message of your House of the 30th of last month setting forth that the election of Representatives for the County of Pasquotank had been found illegal, a new Writ hath issued for the Election of five Members for the said County, and the Writ before issued pursuant to the desire of your House for the Election of one Member in the room of Thomas Macknight Esquire who hath taken his seat for another County hath been recalled.

JO. MARTIN.

New Bern February 1st 1773.
-------------------- page 468 --------------------

Mr Speaker and Gentlemen of the House of Assembly

I return herewith the resolve of your House Concurred in by His Majesty's Council impowering the Treasurers or either of them to provide proper gowns immediately for the Mace Bearers and Doorkeepers of the two Houses, with my Assent thereto.

JO. MARTIN.

New Bern February 1st 1773.

Also the resolve referred to in the above Message. Endorsed Assented to.

JO. MARTIN.

Recd from the Council the following Bills, Vizt,

The Bill to amend an Act for appointing Commissioners to build a prison pillory and stocks on the Lot whereon the Court House now stands in Duplin County.

The Bill of pardon and oblivion to the persons concerned in the late insurrection except such persons as are therein excepted. Endorsed, Read the first time amended and passed.

The Bill for establishing a Town on the Land of Isaac Jones lying on the north west branch of Cape Fear River in Bladen County.

The Bill to restrain the fishery for a certain season in each year in the several places therein mentioned.

The Bill for altering the place fixed upon by the Commissioners for Building a Court House &ca in the County of Guilford.

The Bill to amend an Act for Establishing a school house in the Town of New Bern.

The Bill for the more effectual punishment of counterfeiters of the public Debenture Bills of Credit of this Colony and Coin, and,

The Bill to exonerate John Tygart and Francis Adams late Sheriffs of Tryon County from being chargeable with the collection of Taxes taken into South Carolina.

Endorsed, In the upper House 2d February 1773. Read the first time and passed.

Mr Hooper from the Committee appointed to prepare and bring in a bill for dividing this Province into several Districts and for establishing a Superior Court of Justice in each of the said Districts and regulating the proceedings therein, presented the same which he read in his place, and delivered in at the Table, where the same was again read, passed and ordered to be sent to the Council

Sent by Mr Hooper and Mr Caswell.

-------------------- page 469 --------------------

Mr Thomas Person from the Committee appointed to prepare and bring in a Bill for directing the method of appointing Jurors in all causes Civil or Criminal presented the same which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

Sent by Mr Hooper and Mr Caswell.

Mr Roger Ormond from the Committee appointed to prepare and bring in a Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province, presented the same which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

Sent by Mr Hooper and Mr Caswell.

Mr Knox presented the petition of sundry of the Inhabitants of Perquimans and Chowan County praying a Law may be passed directing the Boundary Line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

Mr Knox presented a Bill pursuant to the prayer of the said petition 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 Hooper and Mr Caswell.

Then the House adjourned till tomorrow morning 10oClock


Wednesday 3d February 1773.

The House met according to adjournment.

Mr Ralph McNair one of the Members for Orange County and Francis Nash the Member for Hillsborough appeared.

Mr Starkey moved for leave to present a Bill to amend an Act to prevent the Exportation of Unmerchantable Commodities.

Ordered he have leave accordingly.

Mr Starkey 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 Starkey and Mr Hunter.

On motion ordered the Bill to amend an Act for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the court house now stands in Duplin County, 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 Kenan.

-------------------- page 470 --------------------

Mr McRee moved to present a Bill for preventing the frequent abuses in taking up and secreting stray horses in the Counties therein mentioned.

Ordered he have leave accordingly.

Mr McRee 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 McRee and Mr McAlister.

The Honble William Dry and Samuel Cornell Esquire two of his Majesty's Council came to the House and Mr Ralph McNair one of the Members for Orange County, and Mr Francis Nash the Member for Hillsborough appeared and were 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, vizt.

The Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities.

The Bill directing the boundary Line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run, and,

The Bill to dissolve the vestry of Unity Parish of Guilford County, and repeal an Act therein mentioned.

Endorsed, In the upper House, 3d February 1773. Read the first time and passed.

The House being informed that Tyree Harris late Sheriff of Orange County had been guilty of a breach of the priviledges of this House by complaining of the determination of the House yesterday in respect to a claim he laid before the same, for an allowance of insolvents in the said County whilst he was Sheriff thereof, saying the Assembly had wronged him of one hundred pounds, and wanted to know how the Members would share it.

On motion ordered Mr Speaker issue his Warrant to the Serjeant at Arms commanding him to bring the said Tyree Harris to the Bar of the House to answer for such his contempt.

Mr Hooper moved for leave to present a Bill to prevent the wilful and malicious killing of Slaves.

Ordered he have leave accordingly.

Mr Hooper 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 471 --------------------

Sent by Mr Neale and Mr Hatch.

On motion resolved the House resolve into a Committee of the whole house to take under consideration certain claims against the public, said to be incurred in the late Expedition against the Insurgents.

The House resolved into a Committee of the House according, and chose Mr Thomas Respess Chairman who was accordingly placed in the Chair, and after much time spent the Committee came to several Resolutions.

On motion ordered Mr Speaker resume the Chair, and that Mr Chairman report the several resolutions of the Committee, but not having time to go through the business desired leave to sit again tomorrow.

On motion ordered the said Committee have leave to sit again tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday 4th February 1773.

The House met according to adjournment

The Serjeant at Arms returned on the Speakers warrant issued against Tyree Harris as follows, towit,

In obedience to the within warrant to me directed I have made dilligent search for the within named Tyree Harris who is not to be found.

By
BENJa FORDHAM, S. A.

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

Recd from the Council the following Bills, to wit,

The Bill for dividing this Province into several districts and for establishing a Superior Court of Justice in each of the said Districts, and regulating the proceedings therein.

The Bill for establishing Inferior Courts of pleas and quarter sessions in the several counties in this province.

The Bill for directing the method of appointing Jurors in all causes civil and criminal.

The Bill for preventing the frequent Abuses in taking up and secreting of stray horses in the counties.

Endorsed, 3rd February 1773. In the upper house, read the first time and passed; and,

-------------------- page 472 --------------------

The Bill to amend an Act for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the court house now stands in Duplin County. Endorsed, In the upper House 3rd February 1773. Read the second time amended and passed.

On motion ordered the Bill to amend an Act Intitled an Act for Establishing a school house in the Town of New Bern, be read the second time. Read the same a second time passed and ordered to be sent to the Council.

Sent by Mr Neale and Mr Hatch,

On motion ordered the Bill to dissolve the vestry of Unity Parish in Guilford County and repeal an Act 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 Martin and Mr Kimbrough.

Mr James Moore one of the members for New Hanover County appeared.

The order of the day being read, Resolved, the House resolve itself a committee of the whole House to take under consideration certain claims against the public said to be incurred in the late Expedition against the Insurgents, and chose Mr Thomas Respess Chairman who was placed in the Chair Accordingly, and after some time spent therein the committee came to several Resolutions, but not having time to reduce them into form, Mr Chairman was directed to report the same to the House, and desire leave to sit again on Monday next;

Then on motion ordered the said Committee have leave to sit again on Monday next.

On motion Mr Respess have leave to absent himself from the service of this House till Monday next.

Then the House adjourned till 10 oClock tomorrow morning.


Friday 5th February 1773.

The House met according to adjournment.

On motion ordered the Bill to amend an Act, Intitled an Act for the better observation and keeping the Lords day, commonly called Sunday, and for the more effectual suppression of vice and immorality be read the second time. Read the same a second time, amended and ordered to be sent to the Council.

Sent by Mr Jarvis and Mr Williamson.

Mr Jarvis moved for leave to present a Bill to continue an Act

-------------------- page 473 --------------------
Intitled an Act to direct Sheriffs in levying executions; and the disposal of Lands, goods and chattles taken thereon.

Ordered he have leave accordingly.

Mr Jarvis 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 Jarvis and Mr Williamson.

On motion ordered the Bill for erecting part of the Counties of Halifax and Tyrrill into one distinct County and Parish and for 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 Hooker and Mr Frazier.

Mr Ferquhard Campbell one of the Members for Cumberland county appeared.

On motion ordered the Bill for establishing a Town on the Land of Isaac Jones lying on the North West branch of Cape Fear River in Bladen county be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Robinson and Mr McRee.

Mr William Person presented the petition of sundry Inhabitants of Granville, Bute and Edgecombe praying a Law may pass to prevent obstructing the passage of fish in the rivers and creeks in the said Counties.

Ordered Mr William Person have leave to present a Bill pursuant to the prayer of the said Petition.

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

Sent by Mr William Person and Mr Evans.

Mr Johnston moved for leave to prepare and bring in a Bill for granting a Bounty on the exportation of pot and pearl ash.

Ordered he have leave accordingly.

On motion ordered the Bill for erecting a public gaol and gaolers house in the Town of Wilmington for the District 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 Starkey and Mr Hunter.

Mr Thomas Person moved for leave to present a Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

Ordered he have leave accordingly.

-------------------- page 474 --------------------

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

Sent by Mr William Person and Mr Lewis.

Mr William Person moved for leave to present a Bill to encourage the destroying of vermin in the several Counties therein mentioned.

Ordered he have leave accordingly.

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

Sent by Mr Wm Person and Mr Lewis.

Mr Hooper according to order presented the Bill for the relief of insolvent debtors with respect to the imprisonment of their persons, presented the same which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

Sent by Mr William Person and Mr Lewis.

Recd from the Council the following Bills vizt

The Bill to amend an Act intitled an Act for establishing a School House in the Town of New Bern. Endorsed, in the upper House 5th February 1773. Read the second time and passed,—and

The Bill to continue an Act intitled an Act to direct Sheriffs in levying Executions and the disposal of Lands, Goods and Chattels taken thereon. Endorsed, in the upper House 5th February 1773. Read the first time and passed.

The Honble William Dry and Alexander McCulloch Esquires two of his Majesty's Council came to the House and Mr James Moore, one of the Members for New Hanover County, and Mr Ferquhard Campbell one of the Members for Cumberland 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 for annexing the north part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct 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 Lanier and Mr Hampton.

Then the House adjourned till tomorrow morning 10 oClock.

-------------------- page 475 --------------------

Saturday Morning 6th February 1773.

The House met according to adjournment.

On motion ordered Mr Starkey have leave to absent himself from the service of the House for to day.

Mr Willm Slade one of the members for Tyrrell County appeared.

On motion ordered the Bill to amend an Act for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the court house now stands in Duplin County be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lanier and Mr Hampton.

Recd from the Council the following Bills, vizt

The Bill for establishing a Town on the Land of Isaac Jones lying on the north west branch of Cape Fear River in Bladen County, Endorsed, In the upper House 5th February 1773, Read the second time, amended and passed,

The Bill to prevent obstructing the passage of fish in the rivers and creeks therein mentioned,

The Bill to prevent the wilful and malicious killing of slaves, Endorsed, In the upper House 5th February 1773, Read the first time and passed.

Mr William Picket one of the members for Anson County, and Mr Wyriot Ormond the member for Bath Town appeared.

The Honble John Sampson and Alexander McCulloch Esquires two of His Majesty's Council came to the House and Mr James Picket, one of the members for Anson County, Mr Wyriot Ormond the member for Bath Town, and Mr William Slade one of the members for Tyrrell 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 exonerate John Tygart and Francis Adams late Sheriffs of Tryon County from being chargeable with the collection of Taxes taken into South Carolina be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Davidson and Mr Rutherford.

Whereas the sum of seven thousand seven hundred and sixteen pounds thirteen shillings and four pence proc. money was borrowed from the Honble Samuel Cornell Esquire bearing an interest of eight per cent. in consequence of an Act of Assembly for building

-------------------- page 476 --------------------
the edifice, and warrants given by the Governor on the Treasury for four thousand six hundred and thirty pounds sterling exchange being then settled at one hundred and sixty six pounds thirteen shillings and four pence, proclamation money, for one hundred pounds sterling

On motion Resolved that the public Treasurers be directed to pay immediately to the said Samuel Cornell the sum of eight thousand one hundred and two pounds ten shillings in proclamation money for the principal, together, with the interest due on the sterling money, Exchange being now rated at one hundred and seventy five pounds proclamation money, for one hundred pounds sterling.

Mr McNair presented a Certificate from the Inferior Court of Orange County therein recommending that Thomas Bowles, Nathaniel Carter, John Madkin, Derick Holsenpack, James McCune, John Conner, Hugh Wilson, Jacob Robinson, Senr., John Frazier, Richard Pound, Thomas Thomas, Robert Whitehead, Thomas Wilson, Michael Gellion, James Ball, Samuel Farres, David Copland, Robert Reed, and Joseph Powell be exempted from the payment of public Taxes and doing Public duties.

Ordered they be exempted accordingly.

On motion ordered Mr Thomson have leave to absent from the service of this House till Tuesday next.

On motion ordered that Mr Howe, Mr Hooper, Mr Martin, Mr Johnston and Mr Harnett have leave to withdraw the Superior and Inferior Court Bills, and to prepare such amendments as alterations, as the Committee shall think proper and report the same to the House on Monday next.

Then on motion, Resolved, that the House resolve itself into a Committee of the whole House to take under consideration the said Superior and Inferior Court Bills.

The House resolved itself into a Committee of the whole House accordingly, and chose Mr William Haywood Chairman, who was placed in the Chair, and after some time spent therein came to several Resolutions which Mr Chairman was directed to report to the House. Then on motion Mr Speaker resumed the chair, and Mr Chairman reported as follows Vizt.

Resolved, a Bill for dividing this Province into several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and for establishing Inferior Courts of pleas and quarter

-------------------- page 477 --------------------
sessions in the several Counties in this province, and regulating the proceedings therein be in one Bill.

Resolved that the appointment of the Superior Court Clerks be in the Chief Justice and be inserted in the Bill.

Resolved that the clauses respecting the appointment of the Clerks of the Inferior Courts be retained in the Bill.

Resolved that the power of granting letters, testamentary and Administration, be invested in the Inferior Courts of pleas and quarter sessions, and, that the Superior Court of Justice have no Jurisdiction respecting the same.

Resolved, that the Clerk of the pleas (in case of vacancy) shall not sell or dispose of any clerkship in this Province, for any gratuity or reward whatsoever; and the Clerk so giving any gratuity or reward for such clerkship shall be rendered incapable of holding the said office.

Resolved, that in the Inferior Court Bill, a single Magistrate have the power of trying and determining the sum of five pounds proclamation money.

Then on motion Resolved that the House concur with the said several Resolutions, and that they be instructions to the select Committee appointed for that purpose.

Recd from the Council the following Bills, vizt.

The Bill to encourage the destroying vermin in the several Counties therein mentioned.

The Bill for the relief of insolvent debtors with respect to the imprisonment of their persons.

The Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

Endorsed, In the upper House 6th February, 1773. Read the first time and passed.

The Bill to exonerate John Tygart and Francis Adams late Sheriffs of Tryon County for being chargeable with the collection of Taxes taken in South Carolina. Endorsed, in the upper House 6th February 1773. Read the second time and passed.

The Bill to amend an Act for appointing Commissioners to build a prison, pillory and stocks on the lot whereon the Court House now stands in Duplin County. Endorsed, in the upper House 6th February 1773. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned till Monday morning 10 oClock.

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


Monday 8th February 1773.

The House met according to adjournment

On motion ordered the Bill to exonerate John Tygart and Francis Adams late Sheriffs of Tryon County from being chargeable with the collection of Taxes taken into South Carolina, 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 Hatch.

On motion ordered the Bill for the more effectual punishment of counterfeiters of the public debenture bills of Credit of this Colony and coin, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Wm Person and Mr Hatch.

On motion ordered the Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Martin and Mr McNair.

Mr Neale moved for leave to present a Bill to regulate the attendance of the Minister of Christ Church parish at the parish Church in the Town of New Bern, and at the several Chapels in the said Parish.

Ordered he have leave accordingly.

Mr 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 Neale and Mr Shepard.

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

Gentlemen of his Majestys Honble Council,

We herewith send you a resolve of this House directing the Treasurers to pay immediately to the Honble Samuel Cornell the sum of eight thousand one hundred and two pounds ten shillings proc. money for the principal together with the Interest due on the sterling money &ca, and desire your Honors concurrence thereto.

JOHN HARVEY Speaker,

Sent by Mr Macknight and Mr Kenan.

-------------------- page 479 --------------------

On motion Resolved that the present establishment in the Garrison of Fort Johnston be continued in his Majesty's service twelve months, and from thence to the end of the next session of Assembly, and that the following Message be sent to the Council.

Gentlemen of His Majestys Honble Council,

We herewith send you a resolve of this House for continuing the Garrisoning of Fort Johnston twelve months, and from thence to the end of the next session of Assembly, and desire your Honors Concurrence thereto.

JOHN HARVEY Speaker.

Sent by Mr Howe and Mr Davis.

On motion ordered the Bill to prevent burning the woods at unseasonable times of the year 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 T. Person and Mr Ward.

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 and rejected.

The order of the day being read, Resolved that the House resolve itself into a Committee of the whole House to take under consideration sundry claims against the public, said to be incurred in the late Expedition against the Insurgents, tomorrow morning.

On motion ordered the Bill for establishing a Town on the land of Isaac Jones lying on the North West branch of Cape Fear River in Bladen County be read the third time. Read the same a third time amended, passed and ordered to be sent to the Council.

Sent by Mr McRee and Mr Robinson.

Recd from the Council the resolve of this House directing the Treasurers to pay immediately to Samuel Cornell Esquire eight thousand one hundred and two pounds ten shillings &ca.

In the upper House February 8th 1773. Concurred with.

JAS. HASELL, P. C.

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

-------------------- page 480 --------------------

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

Sir,

We herewith send your Excellency a resolve of this House directing the Treasurers to pay immediately to Samuel Cornell the sum of eight thousand one hundred and two pounds ten shillings in proc. money for the principal, together with the interest, on the sterling money &ca to which his Majesty's Council have concurred, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Macknight and Mr Atherton.

Recd from the Council the following Bills, to wit,

The Bill for Erecting a public gaol and gaolers house in the town of Wilmington for the District of Wilmington. Endorsed, In the upper House 8th February 1773 Read the second time and passed.

The Bill to regulate the attendance of the minister of Christ Church parish at the parish Church in the Town of New Bern, and at the several Chapels in the said Parish. Endorsed, In the Upper House, 8th February 1773. Read the first time and passed.

The Bill to exonerate John Tygart and Francis Adams late Sheriffs of Tryon County from being chargeable with the collection of Taxes taken into South Carolina. Endorsed, In the upper House 8th February 1773. Read the third time and passed. Ordered to be engrossed.

Mr Nathaniel Williams one of the Members for Perquimans County and Mr Hugh Montgomery the Member for the Town of Salisbury appeared.

The Honble William Dry and Alexander McCulloch Esquires two of his Majesty's Council came to the House, and Mr Nathaniel Williams and Hugh Montgomery were qualified by taking the several oaths by law appointed for the qualification of public officers, and repeating and subscribing the test.

On motion Resolved that James Ransom Junr who was by this House appointed Serjeant at Arms, be allowed the sum of ten pounds for his own and four others their expence and trouble in endeavouring to apprehend Philip Alston gunsmith who was suspected of counterfeiting the Debenture Bills of this Province and that the Treasurers or either of them pay him the same and be

-------------------- page 481 --------------------
allowed in their accounts with the public, and that the following Message be sent to the Council, Vizt

Gentlemen of His Majestys Honble Council,

We herewith send you a resolve of this House for allowing James Ransom Junr who was by this House appointed Serjeant at Arms, the Sum of ten pounds for his own and four others, their expence and trouble in endeavouring to apprehend Philip Alston who was suspected of counterfeiting the Debenture Bills of this province &ca and desire your Honors concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr Alston and Mr Graves.

The House adjourned till tomorrow morning 10 oClock.


Tuesday 9th February 1773.

The House met according to adjournment

Mr Caswell presented the petition of sundry inhabitants of Dobbs County praying an Act may pass to prevent making hedges across Contentnea Creek.

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

Mr Caswell 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 Blackburn and Mr Wynns Junr.

On motion ordered the Bill to amend an Act Intitled an Act for establishing a school house in the Town of New Bern be read the third time.

Then on motion Ordered the title of the said Bill be altered, to an Additional Bill &ca. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Harvey and Mr Evans

On motion ordered the Bill to continue an Act Intitled an Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattles taken thereon be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Jarvis and Mr Pickett.

On motion ordered the Bill to encourage the destroying vermin in the several Counties therein mentioned be read the second time.

-------------------- page 482 --------------------
Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Kimbrough and Mr Starkey.

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

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

Sent by Mr Davidson and Mr F Campbell.

Mr Johnston according to order presented the Bill for granting a bounty on the exportation of pot and pearl ash, 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 Respess and Mr R. Ormond.

Recd from the Council the resolve of this House in favour of James Ransom Junr for the sum of ten pounds. Endorsed, In the upper House 9th February 1773. Concurred with.

JAMES HASELL, P. C.

Ordered the following Message be sent to his Excellency the Governor &ca

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

Sir,

We herewith send your Excellency a resolve of this House for allowing James Ransom Junr (who was by this House appointed Sergeant at Arms) the sum of ten pounds, concurred with by his Majesty's Council, and request your Excellency's assent thereto.

JOHN HARVEY Speaker

Sent by Mr Thomas Person and Mr Alston.

Recd from the Council the following Bills, towit,

The Bill for erecting part of the Countys of Halifax and Tyrrel into one distinct County and Parish &ca Endorsed, In the upper House, 9th February, 1773. Read the second time, amended and passed.

The Bill for annexing the north part of Rowan to the County of Surry and the further establishing and erecting the Parish of Dobbs into a separate and distinct Parish.

-------------------- page 483 --------------------

The Bill for the relief of Persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

The Bill to prevent burning the Woods at unseasonable times of the year in the several Counties therein mentioned. Endorsed, In the upper House 8th February 1773. Read the second time and passed, and,

The Bill for establishing a Town on the Land of Isaac Jones, lying on the North West branch of Cape Fear River in Bladen County. Endorsed in the upper House 8th Feby 1773. Read the third time and passed. Ordered to be engrossed.

The Bill to continue an Act intitled an Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattels taken thereon.

The Bill to encourage the destroying of vermin in the several counties therein mentioned. Endorsed, In the upper House 9th February 1773. Read the second time and passed.

The additional Bill to an Act Intitled an Act for establishing a school house in the Town of New Bern. Endorsed, In the upper House 9th February 1773. Read the third time and passed. Ordered to be engrossed.

Also the following Message, towit,

Mr Speaker and Gentlemen of the Assembly.

On reading the third time the Bill for erecting a public gaol, and gaolers house in the Town of Wilmington for the District of Wilmington; We observe that the materials to be used therein are left to the election of the Commissioners, instead of which we propose that they should be confined to build with brick or stone; to which amendments if you agree, you will send such of your members as you shall think proper to see the same inserted.

In the upper House 9th February 1773.

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

Gentlemen of His Majestys Honble Council,

In answer to your Message regarding the Bill for erecting a public gaol and gaolers House in the Town of Wilmington, This House

-------------------- page 484 --------------------
agree to the amendments by you proposed, and send Mr Harnett and Mr Hewes to see the same inserted in the Bill.

JOHN HARVEY, Speaker.

Mr Hooper from the select Committee to whom the Bills for establishing Superior and Inferior Courts were referred, presented a Bill for dividing the Province into several Districts and for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province, and regulating the proceedings therein, Then on motion ordered the same be read. Read the same, passed and ordered to be sent to the Council

Sent by Mr W. Ormond and Mr McCulloh

Mr Hewes moved for leave to present an additional Bill to an Act for erecting a Court house and prison for the use of the District of Edenton

Ordered to have leave accordingly

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

Sent by Mr Harnett and Mr Hewes.

On motion Resolved that Mr Joseph Hewes, Mr Thomas Macknight and Mr Andrew Knox be appointed a Committee to receive the Treasurers accounts or a copy thereof, and state them agreeable to the resolves of the first session of last Assembly in order that they may be laid before the Committee of Accounts for their Examination, And that Mr Cornelius Harnett, Mr Richard Caswell, and Mr Wm Hooper be a Committee to make a state of the sinking fund, and lay the same before the House immediately.

Mr Lane moved for leave to present a Bill for appointing public Treasurers and directing their duty in office

Ordered he have leave accordingly

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

Sent by Mr Lane and Mr Neale,

On motion ordered the Bill for directing the boundary Line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

-------------------- page 485 --------------------

Sent by Mr B Harvey and Mr Williams

The order of the day being read the House resolved itself into a Committee of the whole House tomorrow morning to take under consideration sundry claims against the public said to be incurred in the late Expedition against the Insurgents.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday 10th February 1773.

The House met according to adjournment.

On motion ordered Mr Atherton have leave to absent himself from the service of the House till Monday week.

Recd from the Council the following Bills, vizt.

The Bill to prevent making hedges across Contentnea Creek.

The additional Bill to an Act for erecting a court house and prison for the use of the District of Edenton.

The Bill for dividing this Province into several Districts, and for establishing a superior Court of Justice in each of the said districts and for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province and regulating the proceedings therein.

Endorsed, in the upper House 10th February 1773. Read the first time and passed.

The Bill to dissolve the vestry of Unity Parish in Guilford County, and repeal an Act therein mentioned.

The Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

Endorsed, In the upper House 10th February 1773. Read the second time and passed, and,

The Bill to erect a public gaol and gaolers house in the Town of Wilmington for the District of Wilmington. Endorsed, In the upper House, 10th February 1773. Read the third time, amended and passed. Ordered to be engrossed.

Recd from his Excellency the resolve of this House directing the Treasurers to pay immediately to the Honble Samuel Cornell Esquire the sum of eight thousand one hundred and two pounds ten shillings &ca.

Endorsed, assented to.

JO. MARTIN.

Also the following Message, to wit.

-------------------- page 486 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the resolve of your House of the 8th instant, Concurred in by his Majesty's Council directing the Treasurers to pay immediately to the Honble Samuel Cornell Esquire the sum of money therein mentioned, with my assent thereto.

JO. MARTIN.

The order of the day being read, Resolved the House resolve itself into a Committee of the whole House to take under consideration Sundry Claims against the public said to be incurred in the late Expedition against the Insurgents.

The House resolved itself into a Committee of the whole House accordingly and chose Mr Thomas Respess Chairman, who was placed in the Chair and after some time spent therein the Committee came to several resolutions which Mr Chairman was directed to report to the House. Then on motion Mr Speaker resumed the Chair, and Mr Chairman reported that the Committee had taken under consideration sundry claims laid before them to wit,

£ s. d.
William Graves
Claim
44
17
10
David Hart
do
15
4
10
David Hart
do
––
––
––
Henry Paris
do
2
10
0
Martin McGrew
do
––
––
––
Mathew Jont
do
––
––
––
James Bars
do
6
0
0
John Husband
do
––
––
––
Nathaniel Hart
do
16
19
0
William Rainey
do
12
15
0
John Cates
do
3
12
0
Solomon Cox
do
1
2
0
William Skinner
do
0
6
0
Hermon Cox
do
––
––
––
Jacob Hollingsworth
do
––
––
––
Thomas Lows
do
210
18
0
William Wiley
do
1
3
8
Gabriel Freeman
do
18
0
0
James Nealy
do
––
––
––
Joseph Dobson
do
0
6
0
John Cox
do
––
––
––
-------------------- page 487 --------------------
Mr Edwards
do
––
––
––
The Drunkards
do
––
––
––
William Robans
do
1
4
6
William Rainy
do
4
16
0
Thomas Swift
do
––
––
––
Hugh Montgomery
do
20
13
4
Mary Mavis
do
10
3
0
Wm Archibald & Co
do
––
––
––
Ditto & Company
do
––
––
––
Duval Beck
do
––
––
––
John McGee
do
164
18
0
Mrs Beasleys
do
14
10
14
Solomon Rowry
do
––
––
––
John Orr
do
––
––
––
Solomon Taylor
do
––
––
––
David Flint
do
––
––
––
Sundry Claims for Requisitions, Vizt,
£ s. d.
Martin Armstrong
Claim
10
10
0
Joseph Allison
do
15
0
0
John Stanfield
do
20
5
0
Henry Lea
do
6
3
0
Henry McCoy
do
3
0
0
William Combs
do
5
5
0
William Thelford
do
8
0
0
Joseph Dunkin
do
––
––
––
Richard Hailey
do
3
10
0
John Hogan
do
7
10
0
Joshua Stroud
do
15
0
0
William Clark
do
1
15
0
John Hannah
do
1
15
0

Resolved, that it is the opinion of this Committee that the said claims be disallowed.

And it is also the opinion of this Committee that the following claims be referred to a select Committee to be appointed by the House, to wit,

£
s.
d.
James Thomson
Claim
20
0
0
Henry Sloan
do
17
10
0
-------------------- page 488 --------------------
Jacob Mitchell
Claim
––
––
––
James Butner
do
5
0
0
The Quakers between Reedy fork and Haw River
27
15
0
Col Hunt and Morgan Bryant claim
––
––
––
Robert Simonton
claim
––
––
––
Thomas Crawford
do
3
6
8
Benjamin Milner
do
17
13
4
Valentine Fry
do
––
––
––
John Oliphant
do
––
––
––
James Morrison
do
23
13
4
William Sharrel
do
––
––
––
James Poar
do
––
––
––
James Lee
do
––
––
––
Emphro Wheeler
do
––
––
––
Abel Green
do
––
––
––
William Patrick
do
––
––
––
James Sampson
do
––
––
––
Richard Brocus
do
––
––
––
Gabriel Homes
do
––
––
––
Thos Sitgreaves
do
10
0
0
Walter Lindsay
do
64
18
2
William Hatch
do
––
––
––
James Paul
do
15
0
0
Moses Martin
do
23
13
0
James Thomson
do
20
0
0
Henry Sloan
do
––
––
––

Mr Chairman further Reported that the said Committee had under consideration sundry other claims referred by the last session of Assembly to the present Assembly, and by the House to the said Committee, to wit,

£ s. d.
Benjamin Piggots
Claim
20
0
0
Samuel Thomson
do
40
11
4
David Lowe
do
19
17
0
Daniel Cloud
do
10
Alexander Russell
do
22
6
0
Thomas Lindley
do
30
0
0
James Kennedy
do
1
15
0
Samuel Means
do
46
2
8
-------------------- page 489 --------------------
Alexander Maughen
Claim
10
0
0
George Sharpe
do
1
5
0
William Rainey
do
13
9
10
Francis Kennen
do
13
6
8
William Lee Senior
do
1
16
6
Lawrence Vanhook
do
6
2
10
John Browning
do
5
15
6
Thomas Thomson
do
3
18
0
George Summers
do
5
12
6
John Allen
do
2
12
0
Jacob Reilys
do
2
0
0
John McNunn
do
3
0
0
John Moore
do
2
6
6
John Mexidon
do
1
15
0
John Hodge
do
2
0
0
John Smith
do
11
18
8
John Richmond
do
8
15
0
Charles Stevens
do
3
0
0
John Bowls
do
1
18
8
Hugh Finley
do
4
13
4
William Robinson
do
1
16
0
Andrew Mitchell
do
2
6
8
Andrew Harrison
do
6
14
0
Henry Frolliner
do
14
12
4
John Homes
do
3
0
0
John Nicks
do
3
10
0
Jacob Buily
do
3
0
0
Henry Hill
do
3
0
0
Nathan Grimes
do
4
8
0
Thomas Swift
do
10
0
0
William Savage
do
28
0
0
George Glass
do
13
0
0
George Nees
do
12
14
0
Christopher Spoon
do
10
0
0
Mary Vess
do
4
14
3
Isaac Harris
do
7
0
0
John Gunter
do
15
0
0
-------------------- page 490 --------------------
Guilford, Accots:
£ s. d.
George Mexidon
6
18
0
Geo. Alexander Jr
0
14
0
Joseph Kerr
18
0
0
James Dugan
6
0
0
Charles Harden
2
5
0
Nathaniel Kerr
3
5
0
£37
2
0
Simon Dickson and others Rocky River, Vizt:
10 Barrels flour
15
0
0
34 head of cattle
85
0
0
100
0
0
Inhabitants between Reedy Fork and Haw River:
10 stears
27
15
0
Thomas Lindley and others:
39 barrels flour
58
10
0

Resolved, that it is the opinion of this Committee that the said last mentioned Claims be disallowed.

Resolved, that it is the opinion of this Committee that the following Claims be referred to the Consideration of the House, to wit,

Hunt & Bryan for Corn, Wheat and Stears
£96
4
4
Robert Lanier for flour, Wheat and Stears
58
8
8
William Few for a field of Wheat, Barley & Oats
37
10
0

Resolved, that it is the opinion of this Committee that after the rise thereof, no future claim relative to the late Expedition against the Regulators (not heretofore laid before the House or a Committee thereof) shall hereafter be allowed by the House.

Which Resolutions being severally read,

Resolved, that the House do concur therewith, and that the above three claims of Hunt & Bryan, Robert Lanier, and William Few be allowed by this House.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday 11th February 1773.

The House met according to adjournment.

Mr Caswell moved that James Blount have leave to absent himself after this day from the service of the House this Session.

-------------------- page 491 --------------------

Ordered he have leave accordingly.

Mr Oldham moved for leave to absent himself from the service of the House during this Session.

Ordered he have leave accordingly.

Mr. Robert Blackburn one of the members for Tryon County appeared.

Recd from the Council the following Bills, Vizt

The Bill for granting a bounty on the Exportation of pot and pearl ash. Endorsed, In the upper House 11th February 1773. Read the first time and passed.

The Honble Martin Howard and Samuel Cornell Esquires two of His Majesty's Council came to the House and Mr Robert Blackburn was qualified by taking the several Oaths by Law appointed for qualification of Public officers, and repeating and subscribing the Test.

Mr Howe moved for leave to present a Bill for preventing persons who by devise or otherwise are intrusted with a life Estate in any Slave or Slaves, or other goods and chattles from doing injury to the person or persons in reversion.

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 Lanier and Mr Montgomery

On motion ordered the Bill for Dividing this Province into several districts and for establishing a Superior Court of Justice in each of the said districts and regulating the proceedings therein be read the second time. Read the same a second time and ordered to lie on the Table.

On motion ordered the Bill for dividing the Province into six several districts and for establishing a Superior Court of Justice in each of the said districts, and for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province, and regulating the proceedings therein, 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 Lane.

Then the House adjourned till tomorrow morning 10 oClock.

-------------------- page 492 --------------------

Friday 12th February 1773.

The House met according to adjournment.

Mr Gray moved for leave to present a Bill to amend an Act to prevent stealing cattle and hogs, and altering and defacing marks and Brands, and mismarking and misbranding horses, cattle and hogs unmarked and unbranded.

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 Lane.

Mr William Bryan moved for leave to absent himself from the service of the House during this Session, Granted.

On motion ordered the Bill to prevent the wilful and malicious killing of slaves be read a second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Gray and Mr Lane

On motion ordered the Bill to prevent the crime of horse stealing 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 Lane

On motion ordered the Bill for the relief of insolvent debtors, with respect to the imprisonment of their persons be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr Thomson.

Mr Johnston moved for leave to present a Bill for allowing a salary to the Speakers of the House of Assembly.

Ordered he have leave accordingly.

Mr Johnston 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 Simpson and Mr Thomson.

Mr Martin moved for leave to present a Bill for laying out a public road from Dan river through the Counties of Guilford, Chatham and Cumberland to Campbelton.

Ordered he have leave accordingly.

Mr Martin 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 Simpson and Mr Thomson.

-------------------- page 493 --------------------

Mr John Gray moved for leave to absent himself from the service of this House during the Session. Granted.

Recd from the Council the following Bills, to wit,

The Bill to prevent the willful and malicious killing of slaves Endorsed, In the upper House 12th February 1773. Read the second time, amended and passed.

The Bill to prevent the crime of horse stealing. Endorsed in the Upper House 12th February 1773. Read the second time and passed.

Mr Maurice Moore, the Member for the Town of Brunswick, Mr Rotheas Latham one of the Members for Hyde County, and Mr Thomas Benbury one of the members for Chowan County appeared.

The Honble John Rutherford and Martin Howard Esquires two of His Majestys Council came to the House and Mr Maurice Moore the Member for the Town of Brunswick, Mr Rotheas Latham one of the Members for Hyde County, and Mr Thomas Benbury one of the Members for Chowan County were qualified by taking the several Oaths by Law appointed for qualification of Public Officers and repeating and subscribing the Test.

Mr Davidson presented a petition from sundry inhabitants of Mecklenburg County praying a Law may pass for establishing a court house in the Town of Charlotte in Mecklenburg County and other purposes.

On motion ordered Mr Davidson have leave to present a Bill pursuant to the prayer of the said petition.

Mr Davidson 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 Davidson and Mr Rutherford.

On motion ordered the Bill to amend an Act Intitled an Act to prevent the exportation of unmerchantable commodities be read the second time. Read the same a second time and rejected.

On motion ordered that Mr Harnett, Mr Hewes, Mr Caswell, Rutherford, Mr Allen Jones, Mr Howe, Mr Macknight, Mr Martin, Mr Lanier, Mr T. Person, and Mr. Gray be a Committee to examine and report their opinion on sundry Claims referred by the Committee of the whole House.

On motion ordered the Bill to dissolve the vestry of Unity Parish in Guilford county, and repeal an Act 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 Martin and Mr Kimbrough.

-------------------- page 494 --------------------

Mr Martin moved for leave to present a Bill directing the punishment of those persons who shall forge or counterfeit the gold and silver coin circulating in this Province, and of those who shall utter the same, or any false or counterfeit Debenture Bills in similitude of those emitted in the years 1768 and 1771.

Ordered he have leave accordingly.

Mr Martin 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 Martin and Mr Kimbrough.

On motion ordered the Bill to regulate the attendance of the Minister of Christ Church Parish at the parish Church in the Town of Newbern, and at the several Chapels in the said Parish be read the second time. Read the same a second time passed and ordered to be sent to the Council.

Sent by Mr Martin and Mr Kimbrough.

On motion ordered the Bill for granting a bounty on the Exportation of pot and pearl ash be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Mr Hooper moved for leave to prepare and bring in a Bill for the appointment of Associate Justices of the Supreme Courts of Justice in the several Districts of this Province, and for providing adequate salaries for the Chief Justice and such Associates, and for other purposes therein mentioned.

Ordered he have leave accordingly.

On motion ordered the Bill to prevent making hedges across Contentnea Creek, be read the second time. Read the same a second time passed and ordered to be sent to the Council.

Sent by Mr W. Ormond and Mr Evans.

On motion ordered the Bill to prevent obstructing the passage of fish in the rivers and creeks therein mentioned, be read the second time. Read the same a second time and rejected.

On motion, ordered the Bill for the relief of persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr White and Mr Brooks.

Then the House adjourned till tomorrow morning 10 oClock.

-------------------- page 495 --------------------

Saturday 13th February 1773.

The House met according to adjournment

Mr Caswell presented sundry Certificates from the Inferior Court of Dobbs County therein recommending John Mozingo, Robert Hamilton, Abraham Hays, George Hinson, James Grant, and Mark Standley: And also the female children of Edward Carter, to wit, Tamer Deaver, Margaret Carter, Rachael, Ann, Sally, Patience and Elizabeth Carter, to be exempted from the payment of Public Taxes and doing Public duties.

Ordered they be exempt accordingly.

Mr Knox moved for leave to present a Bill for regulating the Town of Hertford and other purposes.

Ordered he have leave accordingly.

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

Sent by Mr B. Harvey and Mr. Williams.

On motion ordered the Bill for annexing the north part of Rowan to the County of Surry, and the further establishing and erecting the Parish of Dobbs into a separate and distinct 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 B Harvey and Mr Williams.

Mr Starkey moved for leave to present a Bill to continue an Act Intitled an Act to prevent hunting for and killing deer in the manner therein mentioned.

Ordered he have leave accordingly.

Mr Starkey 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 Starkey and Mr Hunter.

Mr Martin presented the petition of John Smith of Hyde County complaining of an undue election of a Representative in said county in the room of Edward McSwain deceased.

Ordered the same be referred to the Committee of Priviledges and Elections.

Recd from His Excellency the Governor the following Message Vizt

-------------------- page 496 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration the petition of Elizabeth Strange who as an object of compassion I recommend to your charitable attention.

JO. MARTIN.

New Bern 13th February, 1773.

On motion resolved, that Elizabeth Strange whose Husband was wounded in the late expedition against the Insurgents, and since drowned, be allowed the sum of fifteen pounds, and that the Treasurers or either of them pay her the same, and be allowed in their accounts with the Public, and that the following Message be sent to the Council to wit,

Gentlemen of His Majesty's Honble Council,

We herewith send you a resolve of this House for allowing Elizabeth Strange widow of John Strange whose husband was wounded in the Expedition against the Insurgents and since drowned, the sum of fifteen pounds and desire your Honors concurrence thereto.

JOHN HARVEY Speaker.

Recd from his Excellency the Governor the following Message, vizt,

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith a petition from a meeting of the people called Quakers at Cane Creek in Orange County, together with the original Requisition of the late Governor of supplies for the public service, upon which their application to the Legislature is founded, and I recommend it to your consideration.

JO. MARTIN.

New Bern 13th February, 1773.

The House taking the same under consideration ordered the following message be sent to His Excellency the Governor, towit,

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

Sir,

In answer to your Excellency's Message of this day regarding the petition from a Meeting of the people called Quakers at Cane Creek in Orange County, together with the original requisition of the late Governor of supplies for the public service, Inform your Excellency

-------------------- page 497 --------------------
that previous to your Message, this House had under their Consideration the claim of the said people, which was disallowed.

JOHN HARVEY, Sp.

Sent by Mr McRee and Mr Robinson.

Recd from the Council the following Bills, towit,

The Bill for preventing persons who by devise or otherwise are invested with a life estate in any slave or slaves or other goods and chattels from doing injury to the person or persons in reversion.

The Bill for establishing the court house in the Town of Charlotte in Mecklenburg County and other purposes.

The Bill for allowing a salary to the Speaker of the House of Assembly.

The Bill directing the punishment of those persons who shall forge or counterfeit the gold or silver coin &ca. Endorsed, In the upper House 13th February 1773. Read the first time and passed.

The Bill to regulate the attendance of the Minister of Christ Church parish at the Parish Church in the town of New Bern and at the several Chapels in the said parish. Endorsed, In the upper House 13th February 1773. Read the second time and passed.

The Bill for Granting a bounty on the Exportation of pot and pearl ash. Endorsed, In the upper House 13th February 1773. Read the second time amended and passed.

The Bill for the relief of persons who have, or may suffer by their deeds and Mesne conveyances not being proved and registered &ca, and,

The Bill to dissolve the vestry of Unity Parish in Guilford County and repeal an Act therein mentioned. Endorsed, In the upper House 13th February 1773. Read the third time and passed.

Ordered to be engrossed.

On motion ordered the Bill to continue an Act Intitled an Act to direct Sheriffs in levying executions, and the disposal of lands goods and chattels taken thereon be read the third time. Read the same a third time passed and sent to the Council by Mr Jarvis and Mr Sam Smith.

Mr Montfort moved for leave to present a Bill to amend the staple of Tobacco, and prevent frauds in His Majestys Customs.

Ordered he have leave accordingly.

Mr Montfort presented the said Bill which he read in his place

-------------------- page 498 --------------------
and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

Sent by Mr Alston and Mr McCulloch.

On motion ordered the Bill 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 Wm Person and Mr Ward.

On motion ordered the Bill to restrain the fishery for a certain season in each year in the several places 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 Thomson and Mr Shepard.

On motion ordered the Bill to prevent the wilful and malicious killing of slaves be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr Benbury.

On motion Ordered the Bill to prevent the crime of horse stealing be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr Benbury.

Mr Coor moved for leave to present a Bill to amend an Act for encouraging the building of public mills and directing the duty of millers.

Ordered he have leave accordingly.

Mr Coor 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 Simpson and Mr Benbury.

Mr Coor moved for leave to present an Additional Bill to an Act Intitled an Act to prevent the exportation of Unmerchantable Commodities.

Ordered he have leave accordingly.

Mr Coor 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 Simpson and Mr Benbury.

Mr. Rutherford presented a petition from sundry Inhabitants of Rowan County praying a public ferry may be established across the Yadkin river at the plantation of James Smith

-------------------- page 499 --------------------

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

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 Simpson and Mr Benbury.

On motion ordered an Additional Bill to an Act for erecting a court house and prison for the use of the district of Edenton, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr Benbury.

Mr Martin from the Committee appointed to enquire what Laws are expired or are near expiring, and report the same to the House with their opinion of such Laws as are necessary to be revised, amended or continued reported as follows, vizt.

That “an additional and explanatory Act to an Act Intitled an Act for regulating the several officers fees within this province and ascertaining the method of paying the same, and for taxing Law suits,” will expire this session of Assembly, your Committee recommend that the same and the Act therein mentioned, be reduced to one Act and continued.

It is the opinion of your Committee that an Act passed in the year 1729 for settling the titles and bounds of Lands might be more beneficial to the Freeholders of this Colony and better answer the end of the Legislature to prevent disputes that the Inferior Court of every County should be impowered wholly, with laying out their respective Counties into districts, and appointing processioners to mark out the bounds of each Freeholders Land rather than the Vestry of each parish who as it seems a matter originally foreign to their office have heretofore neglected so essential a duty.

It is also the opinion of your Committee that the Laws now in force are not sufficient to prevent the spreading of epidemical and pestilential disorders among the Inhabitants of this country, so destructive to the Southern Colonies and recommend the Act Intitled, “An Act to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this Province” may be enacted with such necessary alterations and amendments for such a Salutary purpose more especially to put a stop to, and prevent the contagious spreading of the small-pox now ripe in the eastern parts of this Colony.

-------------------- page 500 --------------------

It is also the opinion of your Committee that the clauses in the Act directing the method of appointing Jurymen in causes Criminal and Civil respecting the appointment of special Juries where the titles or bounds of land may come in question have not answered the design; We therefore recommend that the same may be omitted in the present Jury Law. As the Jurors being chosen by the parties often think themselves obliged as arbitrators never to give up that side of the cause of him by whom they are appointed to the great delay and forbearance of Justice; and as to the costs and expences attending such Juries have really been distressing and ruinous to many unhappy suitors in this Colony.

It is the opinion of your Committee that the Collection of the public revenues lodged in the hands of the Sheriffs have not answered the intention of the Laws, but is a general grievance to this Colony. We therefore recommend that the mode of collecting the same be altered in such a manner that the public faith may be preserved, our funds supported, and put on a more respectable footing.

R. CASWELL
CORNs HARNETT
B. McCULLOCH
>
CHRISr NEALE
ALEX. MARTIN

12th February, 1773.

Then the House Adjourned till Monday Morning 10 oClock.


Monday 15th February 1773.

The House met according to adjournment.

On motion ordered the Bill for establishing the court house in the Town of Charlotte in Mecklenburg County 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 Phifer and Mr Blackburn.

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 and ordered to lie on the Table.

On motion ordered the Bill directing the Punishment of those persons who shall forge or counterfeit the gold and silver coin circulating in this Province and of those who shall utter the same or any false or counterfeit Debenture Bills in similitude of those emitted in

-------------------- page 501 --------------------
the years one thousand seven hundred and sixty eight, and one Thousand seven hundred and seventy one be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Phifer and Mr Blackburn.

On motion ordered the Bill to prevent burning the woods at unseasonable times of the year 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 Thos. Person and Mr McNair.

Mr Benjamin Harvey moved for leave to present a Bill to continue an Act Intitled an Act for appointing an Agent to sollicit the affairs of this Province at the several Boards in England.

Ordered he have leave accordingly.

Mr Benjamin 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 B. Harvey and Mr. B. McCulloh.

Recd from His Excellency the Governor the following Message Vizt.

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith the petition of John Nuckols, late under Sheriff of the County of Tryon, which I recommend to your favorable consideration.

JO. MARTIN.

New Bern 15th February 1773.

Recd at the same time the petition therein referred, and the House taking the same into consideration,

Ordered that Mr Howe, Mr Macknight, Mr Martin, Mr Mau. Moore and Mr Hooper be a Committee to consider the petition of the said John Nuckols together with their opinion of the methods necessary for this province to take for remedying the evil consequences arisen to this Province from the dispute concerning the boundary Line betwixt North and South Carolina, and report their opinion to the House, and that the following message be sent to His Excellency the Governor, to wit,

-------------------- page 502 --------------------

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

Sir,

In answer to your Excellency's message of this day accompanying the petition of John Nuckols late under Sheriff of the County of Tryon, This House have referred the same to a select Committee to consider and state the facts therein set forth and report on the same to this House.

JOHN HARVEY, Sp.

Sent by Mr Knox and Mr Benbury.

Mr Maurice Moore informed the House that he had a claim against the public for the sum of —— in consequence of his being security for William Walker late Sheriff of New Hanover County.

Then on motion ordered that Mr Johnston, Mr Hewes and Mr Macknight be a Committee to state and settle the several matters therein contained and report on same to the House.

Recd from the Council the Bill for dividing the Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts and for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province and regulating the proceedings therein. Endorsed, In the upper House 15th February, 1773. Read the second time amended and passed.

The Bill to amend an Act to encourage the building of public mills and directing the duty of millers. Endorsed in the upper House 15th February 1773 Read the first time amended and passed.

The additional Bill to an Act Intitled an Act to prevent exportation of unmerchantable commodities.

The Bill for laying out a public road from Dan River through the Counties of Guilford, Chatham and Cumberland to Campbelton.

The Bill for regulating the Town of Hertford.

The Bill to continue an Act Intitled an Act to prevent hunting for and killing Deer in the manner therein mentioned.

The Bill to continue an Act Intitled an Act for appointing an Agent to solicit the affairs of this Province at the several Boards in England. Endorsed, In the upper House 25th February 1773. Read the first time and passed.

The Bill directing the punishment of those persons who shall forge or counterfeit the gold and silver coin circulating in this Province,

-------------------- page 503 --------------------
and of those who shall utter the same or any false or counterfeit Debenture Bills in similitude of those emitted in the years 1768 and 1771. Endorsed, In the upper House, 15th February 1773. Read the second time and passed.

Mr Hewes moved for leave to present a Bill to Impower the Executors of Jno. McKildo late Sheriff of Tyrrell County to collect the arrears of taxes due for the said County in the years therein mentioned.

Ordered he have leave accordingly.

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

Sent by Mr Benbury and Mr Oldham.

On motion ordered the Bill for granting a Bounty on the Exportation of pot and pearl ash be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Lane and Mr R. Ormond.

Mr Williamson presented a petition from sundry of the Freeholders of Currituck County praying a Law may pass for building a bridge over Tull's Creek and repairing the causeway thereunto adjoining.

Ordered that Mr Williamson have leave to present a Bill pursuant to the prayer of the said Petition.

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

Sent by Mr Lane and Mr R. Ormond.

Mr Benbury presented a certificate from the Inferior Court of Chowan County therein recommending Thomas Muns to be exempted from the payment of Public taxes and doing public duties. Granted.

Recd from the Council the following Bills, towit,

The Bill to prevent making hedges across great Contentnea Creek.

The Bill to restrain the fishery for a certain season in each year in the several places therein mentioned.

The Bill for establishing the court house in the Town of Charlotte in Mecklenburg County and other purposes.

The additional Bill to an Act for erecting a court house and prison for the District of Edenton.

Endorsed, In the upper House 15thth February 1773. Read the second time and passed. Also,

The Bill for the relief of insolvent debtors with respect to the

-------------------- page 504 --------------------
Imprisonment of their persons. Endorsed, In the upper House 15th February 1773. Read the second time, amended and passed.

Recd at the same time two resolves of this House the one for allowing Elizabeth Strange the sum of fifteen pounds; the other for the continuing the Garrison of Fort Johnston twelve months &ca. Endorsed, In the upper House 15th February 1773. Concurred with.

JAMES HASELL, P. C.

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 Elizabeth Strange whose Husband was wounded in the late Expedition against the Insurgents and since drowned the sum of Fifteen pounds.

Also a resolve of this House for continuing the Garrison of Fort Johnston in his Majesty's service twelve months and from thence to the end of the next session of Assembly which hath been concurred with by His Majesty's Honble Council, and request your Excellencys assent thereto.

JOHN HARVEY Speaker.

Sent by Mr Knox and Mr Benbury.

Recd from the Council the following Bills, Vizt

The Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

The Bill for granting a Bounty on the Exportation of pot and pearl ash.

The Bill to prevent the wilful and malicious killing of slaves.

The Bill to continue an Act intitled an Act to direct Sheriffs in levying Executions and the disposal of Lands, Goods and Chattels taken thereon.

The Bill for annexing the North part of Rowan to the County of Surry &ca.

The Bill to prevent the crime of horse stealing.

The Bill to encourage the destroying vermin in the several Counties therein mentioned.

Endorsed, In the upper House 15th February 1773. Read the third time and passed. Ordered to be engrossed.

-------------------- page 505 --------------------

On motion ordered the Bill for regulating the Town of Hertford 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 B. Harvey and Mr Williams.

Mr Neale moved for leave to present an Additional Bill to 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.

Mr 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 Neale and Mr Coor.

On motion ordered the Bill to regulate the attendance of the minister of Christ Church parish at the Parish Church in the Town of New Bern, and at the several chapels in the said parish 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 Coor.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 16th February 1773.

The House met according to adjournment.

Received from His Excellency the Governor the following message, Vizt

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the resolve of your House dated 8th Instant for allowing James Ransom Junr. the sum of ten pounds with my assent thereto.

JO. MARTIN.

New Bern February 16th 1773.

Also the resolve referred to in the above Message. Endorsed Assented to.

JO. MARTIN.

On motion ordered the Bill for establishing the court house in the Town of Charlotte in Mecklenburg County and other purposes be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Davidson.

On motion ordered the Additional Bill to an Act Intitled an Act to prevent the exportation of unmerchantable commodities be read

-------------------- page 506 --------------------
the second time. Read the same a second time amended passed and ordered to be sent to the Council.

Sent by Mr Coor and Mr R. Ormond.

On motion ordered the Bill for erecting part of the Counties of Halifax and Tyrrill into one distinct County and Parish and for other purposes 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 Stewart and Mr Frazier.

On motion ordered the Bill to restrain the fishery for a certain season in each year in several places therein mentioned be read the third time. Read the same a third time and rejected.

On motion ordered the Bill to prevent making hedges across Great Contentnea Creek, Little River, of P. D., Rocky River and Uahra 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 Blackburn and Mr Coor

On motion ordered the Bill to continue an Act Intitled, an Act to prevent hunting for and killing Deer in the manner therein mentioned be read the second time. Read the same a second time and rejected.

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

On motion ordered the Bill for establishing the westward part of Rowan County into a separate and distinct county and Parish by the name of —— County and —— Parish to be read the second time. Read the same a second time and rejected.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday 17th February 1773.

The House met according to adjournment

Mr Montgomery moved for leave to present a Bill to amend an Act for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town.

Ordered he have leave accordingly.

Mr Montgomery 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 Montgomery and Mr Davison.

-------------------- page 507 --------------------

On motion ordered the Bill to amend an Act for encouraging the building of Public Mills and directing the duty of millers be read the second time. Read the same a second time and rejected.

On motion ordered the Bill directing the punishment of those persons who shall Counterfeit the gold and silver coin circulating in this Province, and of those who shall utter the same, or any false or counterfeit Debenture Bills in similitude of those emitted in the years 1768 and 1771, be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Nash and Mr Hines.

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

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith a petition of the Reverend Mr Theodorus Swaine Drage late Rector of St. Lukes Parish in the County of Rowan whose peculiar hard circumstances will I hope recommend him to your benevolence.

JO. MARTIN.

New Bern, 17th February 1773.

Recd at the same time the petition referred to in the above Message, Ordered the same be taken into consideration on Friday next.

Recd from the Council the following Bills Vizt,

The Bill to impower the Executors of John McKildo late Sheriff of Tyrril to collect the arrears of Taxes due from the said County in the years therein mentioned.

The Bill to amend the staple of Tobacco and prevent Frauds in his Majesty's customs.

The Bill for building a bridge over Tulls Creek and repairing the causeway thereunto adjoining.

The additional Bill to an Act Intitled an Act for amending an Act for the better regulation of the Town of New Bern &ca. Endorsed, In the upper House 17th of February 1773, read the first time and passed.

The Bill for regulating the Town of Hertford. Endorsed, In the upper House, 17th February 1773. Read the second time, amended and passed, and

The Bill to regulate the attendance of the Minister of Christ Church Parish at the Parish Church in the Town of New Bern and

-------------------- page 508 --------------------
at the several Chapels in the said Parish. Endorsed, In the upper House 17th February 1773. Read the third time and passed. Ordered to be engrossed.

The bill for appointing public Treasurers and directing their duty in office. Endorsed, In the upper House 17th February 1773. Read the first time and passed,

The Bill for establishing the court house in the Town of Charlotte in Mecklenburg County and other purposes,

The Bill to prevent making hedges across Great Contentnea Creek, Little River of P. D., Rockey River and Uahra River

The Bill directing the punishment of those persons who shall counterfeit the gold and silver coin circulating in this Province and of those who shall utter the same or any false or Counterfeit Debenture Bills in similitude of those emitted in the years 1768, and 1771.

Endorsed In the upper House 17th February 1773. Read the third time and passed. Ordered to be engrossed.

Mr Howe from the Committee to consider the petition of John Nuckols together with their opinion of the methods necessary for the province to take for remedying the evil consequences arisen to this Province from the dispute concerning the boundary Line Betwixt North and South Carolina, reported as follows, Vizt.

The Committee having taken into consideration the petition of John Nuckols, finds that the facts contained therein are true and being apprehensive that the public will be sufferers by the difficulty that must issue in collecting the Arrears of Taxes due from the Inhabitants belonging to this Colony before the alteration of the boundary line between North and South Carolina, recommend that the House address His Excellency the Governor, requesting him to write to the Governor of South Carolina desiring him to recommend to the Assembly of that Province the passing of an Act impowering the Collectors of Public taxes of this Colony to Levy and collect the Taxes due from the Inhabitants of this Province before the alteration of the said line. It is also our opinion that John Nuckols being an officer of this Colony, and having suffered in its service is intitled to the allowance he claims from the Public for the injuries he has sustained

The House taking the same under consideration resolved that the House do not concur with the said reports.

A Claim upon the public for one hundred and seventy two pounds ten shillings being presented to the House in behalf of Thomas Polk

-------------------- page 509 --------------------
for services said to be done this Colony as surveyor in running the dividing line between North and South Carolina, the House having taken the same into consideration,

Resolved, That as the last Assembly so fully exprest the sense they had of the injury that would accrue to this Colony, should the Line then proposed to be run, be carried into execution, and as this House are actuated by the same sentiments they cannot by any means consider any persons employed in that service as the servants of this Community and consequently cannot think them Intitled to any allowance from this Colony for lending aid to execute a measure so detrimental to its interest.

On motion ordered the Bill for dividing the Province into six several districts and for establishing a Superior Court of Justice in each of the said Districts, and for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province and regulating the proceedings therein be read the second [third] time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Gray and Mr W. Ormond.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday 18th February 1773.

The House met according to adjournment

Mr B. MoCulloch moved for leave to present a Bill for repairing the gaol for the District of Halifax in the Town of Halifax.

Ordered he have leave accordingly.

Mr B. McCulloch 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 W. Ormond.

Mr McRee moved for leave to present a Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House.

Ordered he have leave accordingly.

Mr McRee 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 W. Ormond.

Mr Robinson moved for leave to present a Bill to prevent hunting with a gun in the night by fire light.

-------------------- page 510 --------------------

Ordered he have leave accordingly.

Mr Robinson 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 Lane moved for leave to present a Bill to impower the Inferior Courts of the several counties within this Province to lay a tax to defray the expence of their respective Members attending the General Assembly.

Ordered he have leave accordingly.

Mr Lane 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 Lane.

Mr Saml Smith presented a petition from sundry Inhabitants of Hyde County praying a Law may pass for building a court house, prison and stocks at Slades Creek in Hyde County, and removing the Court from Woodstock thereto.

Ordered that Mr Smith have leave to present a Bill pursuant to the prayer of the said petition.

Mr Saml Smith 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 Lane.

Mr Jarvis moved for leave to present a Bill to amend an Act Intitled an Act for Regulating the several officers fees therein mentioned and ascertaining the method of paying the same.

Ordered he have leave accordingly.

Mr Jarvis 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 Lane.

Mr Harnett from the Committee of public accounts reported that the Southern Treasurer had paid into the Committee on Account of the Sinking fund seven thousand four hundred and forty eight pounds eighteen shillings and two pence; and the Treasurer of the Northern District the sum of three thousand and sixty five pounds and five pence on the same fund.

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

-------------------- page 511 --------------------

Gentlemen of his Majestys Honble Council,

The Chairman of the Committee of Public accounts having reported that the Southern Treasurer hath paid into the Committee on account of the Sinking fund seven thousand four hundred and forty eight pounds eighteen shillings and two pence, and the Treasurer of the Northern District the sum of three thousand and sixty five pounds and five pence on the same fund.

The House have appointed a Committee of the whole House to see the said two sums amounting in the whole to ten thousand five hundred and thirteen pounds eighteen shillings and seven pence burnt at the House of Thomas Sitgreaves in New Bern at one oClock this afternoon, in conjunction with such of your Honors as you shall think fit to appoint.

JOHN HARVEY, Sp.

Sent by Mr T. Person and Mr Coor.

Recd from the Council the following Bills, to wit,

The Bill to amend an Act Intitled an Act for regulating the several officers fees therein mentioned, and ascertaining the method of paying the same.

The Bill to prevent hunting with a gun in the night by fire light.

The Bill for repairing or rebuilding the goal for the district of Halifax in the Town of Halifax.

The Bill to impower the Inferior Courts of the several Counties within this Province to lay a Tax to defray the expence of their respective members in attending the General Assembly.

The Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House.

The Bill for building a court house prison and stocks at Slades Creek in Hyde County and removing the Court House from Woodstock thereto, Endorsed, In the upper House, 18th February 1773. Read the first time and passed.

Mr Martin from the Committee &ca moved for leave to present a Bill to regulate and ascertain the fees of the Clerks of the pleas and crown in the Superior and Inferior Courts in this Colony directing the method for paying the same and for taxing Law Suits.

Ordered he have leave accordingly.

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

Sent by Mr Kimbrough and Mr Latham.

-------------------- page 512 --------------------

Mr Macknight moved for leave to present a Bill for vesting in certain persons therein named two acres of land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and for inclosing a burying ground.

Ordered he have leave accordingly.

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

Sent by Mr Kimbrough and Mr Latham.

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

Ordered he have leave accordingly.

Mr Martin 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 Martin and Mr Kimbrough.

Mr Hewes presented a claim whereby it appears to this House by the Testimony of indifferent and disinterested persons that three hundred and eighty seven pounds proc. Bill money of this Province the property of Robert Sinclear and Daniel Stiles of New York, Merchants was lost and destroyed on board the Sloop Jenny, James Thomas, Master at Ocacoke Bar in a violent gale of wind on the first day of September last when the said vessel was cast away and entirely lost, and most of the seamen and mariners drowned.

Resolved, That the Treasurers or either of them pay to the said Robert Sinclear and Daniel Stiles or such person as they have or may impower to receive the same the sum of three hundred and eighty seven pounds out of the Sinking fund and be allowed in their Accounts with the Public, and that the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

We herewith send you a resolve of this House for allowing Robert Sinclear and Daniel Stiles or such persons as they have or may impower to receive the same the sum or three hundred and eighty seven pounds out of the sinking fund, and desire your Honors Concurrence thereto.

JOHN HARVEY Speaker.
-------------------- page 513 --------------------

Sent by Mr Hewes and Mr Macknight.

On motion ordered the Bill to impower the Executors of John McKildo late Sheriff of Tyrril to collect the arrears of Taxes due for the said County in the years 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 Benbury and Mr Oldham.

On motion ordered the Bill for laying out a public road from Dann River through the counties of Chatham, Guilford and Cumberland to Campbelton, and for a public road from the shallow ford in Surry County to join 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 Martin and Mr Kimbrough.

Resolved that no Bill shall be received by this House after Monday next during this Session.

Recd from the Council the following Message, towit,

Mr Speaker and Gentlemen of the House of Assembly,

This House have appointed the Honble John Rutherford and William Dry Esquires a Committee of this House to join your Committee to see the sum of Ten thousand five hundred and thirteen pounds eighteen shillings and seven pence paid on the Sinking fund burnt at the place and time you mention. Endorsed, In the upper House 18th February 1773.

Then the House adjourned till tomorrow morning 10 oClock.


Friday 19th February 1773.

The House met according to adjournment.

Mr W. Ormond moved for leave to present a Bill for building a gaol in Beaufort County.

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 Respess and Mr W. Ormond.

Mr Respess moved for leave to absent himself from the service of this House till Monday next.

Mr W. Ormond moved for leave to absent himself from the service of this House.

-------------------- page 514 --------------------

Ordered they have leave accordingly.

Mr W. Ormond moved for leave to present a Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of our Lord 1768, 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.

Ordered he have leave accordingly.

Mr W. 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 Respess and Mr W. Ormond.

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

Gentlemen of His Majestys Honble Council,

This House send you a resolve thereof for allowing Hunt and Bryan ninety six pounds four shillings and four pence, Robert Lanier the sum of fifty eight pounds eight shillings and eight pence, and William Few the sum of thirty seven pounds ten shillings for expenses incurred in the late Expedition, and desire your Honors Concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr Hewes and Mr Macknight.

On motion ordered the Bill for building a court house and prison and stocks at Slades Creek in Hyde County and removing the court house from Woodstock thereto, be read the second time. Read the same a second time and rejected.

Recd from the Council the Bill for erecting part of the Counties of Halifax and Tyrril into one distinct County and Parish and for other purposes therein mentioned. Endorsed, In the upper House 19th February 1773. Read the third time and passed. Ordered to be engrossed.

Mr Harnett moved for leave to present a Bill to alter the method of working upon the public roads in the County of New Hanover.

Ordered he have leave accordingly.

Mr Harnett presented the said Bill which he read in his place and

-------------------- page 515 --------------------
delivered in at the Table where the same was again read and passed.

Sent by Mr Slade and Mr B. McCulloch.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

Upon reading the third time the Bill for dividing the province into six several Districts &ca This House propose the following amendments Vizt.

Then the District of Hillsborough be abolished, and that a District at Campbellton be erected in its stead to be held on the same day as mentioned in the Bill for Hillsborough for the Counties of Cumberland, Chatham, Anson, Guilford, and Wake, and that the Counties of Orange and Granville be added to Halifax District and Cumberland taken out of New Hanover District.

That in all cases of original Attachments against persons residing in Europe the Court to which the same is brought shall continue it twelve months, and if the defendants appear, plead and put in bail within that time, in such case his Estate may be liberated, and the garnishee discharged.

That the Justices of the Quorum shall constitute and be sole Judges of the Inferior Court of common pleas. That the said Justices of the quorum together with all the others named in the commission shall constitute the Court of general and quarter sessions of the peace. That two days in each Term be set apart by the Justices of the quorum for the tryal of pleas of the Crown and other Business of the quarter session.

That the clauses relating to the Clerk of the pleas shall run thus, “And be it further enacted by the authority aforesaid that the Clerk of the pleas for the time being shall nominate and appoint skilful and discreet persons to serve as Clerks for the several counties hereby established and each of the said Clerks shall give bond to the Justice of their respective Courts, with two sufficient securities in the penalty of one hundred pounds for the safe keeping the records and the faithful discharge of his duty in his said office, which said bond shall be recorded and lodged in the Secretary's office, and in case of a breach of the condition thereof, may be put in suit for the benefit of, and at the proper costs and charges of the party or parties injured and shall not become void upon the first recovery, if judgment be

-------------------- page 516 --------------------
given against the said Justices, but may from time to time be put in suit by action of debt Scire Facias until the whole penalty shall be recovered, and when any judgment shall be obtained upon such bond the damages assessed shall by order of the Court be paid to the person or persons injured.

And be it further enacted by the authority aforesaid that nothing herein contained shall be construed to lessen or take away the power of the Justices of the said Courts over the Clerks thereof, any thing herein contained to the contrary notwithstanding.

And be it further enacted by the Authority aforesaid that the Clerk of the pleas for the time being shall not expect or take any gratuity, gift, fee or reward in consideration of his appointing any person to the office of Clerk of the Inferior Court of pleas and quarter sessions under pain of forfeiting five hundred pounds sterling money of Great Britain to be recovered by action of debt, bill, plaint or information, and to be applied one half for the benefit of the Informer and the other half to defray the contingent charges of Government, and the person so appointed shall be rendered incapable of holding the said office, Provided nevertheless that the said Clerk of the pleas may reserve a reasonable proportion of the profits and emoluments of the said office. If your House approve of these amendments be pleased to send two of your members to see that the said Bill be altered and amended accordingly.

In the upper House 19th February 1773.

Ordered the same be taken into consideration tomorrow morning.

Recd from the Council the following Bills, to wit,

The Bill for laying out a public road from Dann River through the Counties of Guilford, Chatham and Cumberland to Campbelton and for a public road from the Shallow Ford in Surry County to join the same.

The Bill to enable the several Inferior Courts in this Province to lay a tax to defray the expence of negroes convicted capitally in their respective counties.

The Bill for vesting in certain persons therein named, two acres of Land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon, and for inclosing a burying ground.

Endorsed, In the upper House 19th February 1773. Read the first time and passed.

The Bill to regulate and Ascertain the fees of the Clerks of the

-------------------- page 517 --------------------
pleas and Crown in the Superior and Inferior Courts in this Colony, directing the method of paying the same, and for taxing Law Suits. Endorsed, In the upper House 19th February, 1773. Read the first time, amended and passed. And,

The Bill to impower the Executors of John McKildo late Sheriff of of Tyrril to collect the arrears of Taxes due for the said County in the years therein mentioned. Endorsed, In the upper House 19th February 1773. Read the second time and passed.

On motion ordered the Bill for appointing Public Treasurers and directing their duty in office 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 Lewis.

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

The order of the day being read ordered the same to be deferred 'till tomorrow morning.

On motion ordered the Bill for regulating the Town of Hertford and other purposes be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Harvey and Mr Williams.

On motion ordered the Bill for allowing a Salary to the Speaker of the House of Assembly be read the second time. Read the same a second time amended passed and ordered to be sent to the Council.

Sent by Mr B. Harvey and Mr Williams.

The House being informed that —— Sheriff of Bertie County hath neglected to send to the Clerk of the Crown the Writ for electing the Members for the said County.

On motion ordered the Speaker issue his warrant to the Sergeant at Arms to bring the said Sheriff to the Bar of this House, towit,

Whereas complaint hath been made to this House that —— Sheriff of the county of Bertie hath neglected to return to the Clerk of the Crown the Writ of Election for electing the Members for the said County according to Law, whereby they are deprived of a seat in the General Assembly, for want of the due return thereof. These are therefore to Authorize, impower and command you to take the said —— into your Custody and him safely keep so that you bring him before this House to answer for the above complaint, and

-------------------- page 518 --------------------
for your so doing this shall be your sufficient Warrant. Given under my hand this 19th day of February 1773.

JOHN HARVEY Speaker

Then the House adjourned till tomorrow morning 10oClock


Saturday 20th February 1773.

The House met according to adjournment.

Mr Caswell moved for leave to present a Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this Province.

Ordered he have leave accordingly.

Mr Caswell 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 Caswell and Mr Gray.

Mr Hatch moved for leave to present a Bill to impower the commissioners therein named to build a bridge over Trent River on the main road leading from New Bern to Wilmington.

Ordered he have leave accordingly.

Mr Hatch 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 Hatch and Mr Coor.

On motion ordered the Bill to prevent hunting with a gun in the night by fire light, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Coor.

Mr Coor presented a petition from sundry Inhabitants of Craven County praying a Law may pass for rendering the navigation of Trent river more useful and advantageous.

Ordered Mr Coor have leave to present a Bill pursuant to the prayer of the said petition.

Mr Coor 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 Kenan and Mr Starkey.

On motion ordered the Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen

-------------------- page 519 --------------------
Court House be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Robinson and Mr McRee.

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

Mr Gray moved for leave to present a Bill to repeal part of an Act therein mentioned.

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 F Campbell and Mr Rutherford.

Recd from the Council the following Bills, to wit,

The Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern &ca, 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, 20th February 1773. Read the first time amended and passed.

The Bill to impower the commissioners therein mentioned to build a bridge over Trent River on the main road leading from New Bern to Wilmington.

The Bill for rendering the navigation of Trent River more useful and advantageous.

The Bill to alter the method of working upon the public roads in the County of New Hanover.

The Bill to prevent Malignant and infectious distempers being spread by shipping importing, distempered persons into this Province.

The Bill for building a gaol in Beaufort County. Endorsed, in the upper House 20th of February. Read the first time and passed.

The Bill to prevent hunting with a gun in the night by fire light.

The Bill for allowing a Salary to the President of the Council and the Speaker of the House of Assembly. Endorsed, In the upper house, 20th February 1773. Read the second time amended and passed.

The Bill for laying out and extablishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House.

-------------------- page 520 --------------------
Endorsed, In the upper House 20th February 1773. Read the second time and passed.

The Bill for regulating the Town of Hertford and other purposes. Endorsed, In the upper House 20th February 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill directing the boundary line between the counties of Perquimans and Chowan, and appointing Commissioners to see the same run, be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Benbury and Mr B. Harvey.

Mr Rutherford moved for leave to present a Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proc money within this Province.

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 W. Person.

The order of the day being read for taking under consideration His Excellencys Message regarding the petition of the Revd Mr Drage, The House took the same under their consideration and ordered the following Message be sent to His Excellency the Governor, to wit,

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

Sir,

In consequence of your Excellency's Message respecting the petition of the Reverend Theodorus Swaine Drage, The House have taken the same under consideration and are of opinion that the Laws of the Province now in force are sufficient to remove the grievances complained of.

JOHN HARVEY, Sp.

Sent by Mr Rutherford and Mr Lock.

Recd from the Council the resolve of this House in favour of Sinclear and Stiles of New York, and in favour of Hunt and Bryan, Robert Lanier, and William Few.

Endorsed, In the upper House 20th February 1773. Concurred with.

JAS. HASELL, P. C.
-------------------- page 521 --------------------

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

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

Sir,

We herewith send your Excellency Resolves of this House for allowing Robert Sinclear and Daniel Stiles of New York the sum of three hundred and eighty pounds, for so much money destroyed on Board the Sloop Jenny, James Thomas Master, and Hunt and Bryan, ninety six pounds four shillings and four pence, Robert Lanier fifty eight pounds eight shillings and eight pence, and William Few thirty seven pounds ten shillings, it being for so much furnished the Troops on the late Expedition. Concurred with by his Majesty's Honorable Council and request your Excellencys assent thereto.

JOHN HARVEY Speaker,

Recd from the Council the Bill to repeal part of an Act therein mentioned. Endorsed, In the upper House, 20th February 1773. Read the first time and passed.

The Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run. Endorsed, In the upper House 20th February 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered Mr Blackburn and Mr John Smith have leave to absent themselves from the service of this House.

Recd from His Excellency the Governor the following Message, together with the Resolves, therein mentioned Vizt.

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the resolves of your House for continuing the establishment of Fort Johnston, and for allowing fifteen pounds to Elizabeth Strange concurred in by his Majesty's Council with my assent thereto.

JO. MARTIN.

New Bern February 20th 1773.

On motion ordered the Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern &ca Intitled an Act for dividing this Province into six several Districts &ca, be

-------------------- page 522 --------------------
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 Jarvis.

On motion ordered the additional Bill to an Act for Erecting a Court House and prison for the use of the District of Edenton be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council

Sent by Mr Neale and Mr Jarvis.

On motion ordered the Bill for vesting in certain persons therein named two acres of Land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and for inclosing a burying ground be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Williamson and Mr Jarvis

On motion ordered the Bill for building a bridge over Tulls Creek and repairing the causeway thereunto adjoining be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council

Sent by Mr Williamson and Mr Jarvis

On motion ordered the Bill to impower the Executors of John McKildo, late Sheriff of Tyrril to collect the Arrears of Taxes due for the said County in the years 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 Williamson and Mr. Jarvis.

On motion ordered the Bill for directing the method of appointing Jurors in all causes civil and criminal be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council

Sent by Mr Thomas Person and Mr Haywood.

The order of the day being read for taking under consideration the Message from the Council respecting the court bills, Ordered the same be referred 'till Monday next

Then the House adjourned till Monday morning 10 oClock.


Monday 22nd February 1773.

The House met according to adjournment

On motion ordered the Bill to amend the staple of Tobacco and prevent frauds in his Majesty's customs be read the second time.

-------------------- page 523 --------------------
Read the same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr McCulloch and Mr Kenan.

Mr Martin moved for leave to present a Bill to amend an Act intitled an Act for settling the bounds of Lands.

Ordered he have leave accordingly.

Mr Martin 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 Frazier and Mr Latham.

Mr Neale presented a petition from the Inhabitants of that part of Hyde County called Matamuskeet, praying a Law may pass for cutting a navigable canal from Matamuskeet Lake to the head of Wesokin Creek in Hyde County.

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

Mr 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 Frazier and Mr Latham.

Mr Nash moved for leave to present a Bill to amend an Act for the regulation of the town of Hillsborough.

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 Nash and Mr Evans.

Mr Coor moved for leave to present a Bill to repeal an Act therein mentioned.

Ordered he have leave accordingly.

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

On motion ordered the Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House, be read the third time. Read the same a third time, amended, passed and sent to the Council by Mr McRee and Mr Robinson.

Recd from the Council the Bill to impower the Executors of John McKildo late Sheriff of Tyrril to collect the arrears of Taxes due for the said County in the years therein mentioned, and,

-------------------- page 524 --------------------

The Additional Bill intitled an Act for erecting a Court House and prison for the use of the District of Edenton.

Endorsed, In the upper House 20th February 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for repairing or rebuilding the gaol for the District of Halifax in the Town of Halifax, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Alston and Mr McCulloch.

Mr Howe moved for leave to present a Bill to continue an Act Intitled an Act to alter the method of working upon the roads in the county therein mentioned.

Ordered to 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 Davis and Mr Moore.

Recd from the Council the following Bills, Vizt

The Bill for directing the method of appointing Jurors in all Causes, Civil and Criminal.

The Bill for building a bridge over Tulls Creek and repairing the causeway thereunto Adjoining.

Endorsed, In the upper House 22d February 1773. Read the second time and passed.

The Bill for vesting in certain persons therein named, two Acres of Land in the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and for inclosing a burying ground. In the upper House 22d February, 1773. Read the second time, amended and passed.

The Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proclamation money within this Province.

The Bill to amend an Act Intitled an Act for the regulation of the Town of Hillsborough. Endorsed, In the upper House, 22d February, 1773. Read the first time and passed.

The Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern &ca, Intitled an Act for dividing this Province into six several Districts, and for establishing a Superior Court of Justice &ca and regulating the proceedings therein and for providing adequate salaries for the Chief Justice

-------------------- page 525 --------------------
and the Associate Justices of the said Superior Courts Endorsed in the upper House 20th February 1773. Read the first time, amended and passed.

The order of the day being read for taking into consideration the message from the Council regarding the Court Bills, took the same under their consideration, and ordered the following message be sent to the Council, Vizt,

Gentlemen of His Majesty's Honble Council,

In answer to your message of the 19th Instant with respect to the Bill for dividing the province into six several Districts &c. We agree that the amendment proposed by you as to the attachment of the effects of persons residing in Europe shall be inserted in the Bill, and as to every other part of your message we cannot agree. With that amendment we have the fullest confidence you will pass the Bill upon which the peace and happiness of this Province essentially depends, to which if you agree we will send two of our members to see the amendments inserted in the Bill.

JOHN HARVEY, Speaker.

Sent by Mr Gray and Mr Benbury.

Mr Howe moved for leave to present a Bill for establishing Triennial Assemblies.

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 B. Harvey and Mr Thomson.

Mr Macknight moved for leave to present a Bill to establish Inferior Courts of pleas and quarter sessions in the several Counties in this Province.

Ordered he have leave accordingly.

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

Sent by Mr Hines and Mr W. Person.

Mr Hooper according to order presented the Bill for regulating the Borough of Campbelton and erecting the public buildings therein which he read in his place and delivered in at the Table

-------------------- page 526 --------------------
where the same was again read, passed and ordered to be sent to the Council.

Sent by Mr Montgomery and Mr McAlister.

Mr Montgomery moved for leave to present a Bill to continue the Tax imposed by an Act Intitled an Act for Building a Court House in the Town of Salisbury for the District of Salisbury.

Ordered he have leave accordingly.

Mr Montgomery 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 Montgomery and Mr McAllister.

On motion ordered the Bill to amend and continue an Act passed in the General Assembly of this Province &ca, Intitled an Act dividing this Province into six several Districts &ca be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr McNair and Mr Martin.

On motion ordered the Bill for the relief of insolvent debtors with respect to the imprisonment of their persons be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Thos Person and Mr Jarvis.

Recd from the Council the following Bills, Vizt,

The Bill to establish Inferior Courts of pleas and quarter sessions in the several Counties in this Province.

The Bill to amend an Act Intitled an Act for settling the bounds of Lands.

The Bill for cutting a navigable Canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County. Endorsed, In the upper House 22d February 1773. Read the first time and passed.

The Bill for repairing the gaol for the District of Halifax in the Town of Halifax.

The Bill to amend the Staple of Tobacco and prevent frauds in his Majesty's Customs. Endorsed, In the upper House, 22d February 1773. Read the second time and passed.

The Bill for laying out and establishing a public road from Charlotte Town in Mecklenburg County to Bladen Court House. Endorsed, In the upper House, 22d February 1773. Read the third time and passed. Ordered to be Engrossed.

-------------------- page 527 --------------------

Mr Harnett from the Committee appointed to take under consideration sundry claims said to be incurred in the late Expedition, reported as follows Vizt

£ s. d.
Jacob Mitchells Claim for himself and overseer two waggons and horses 10 days on the late Expedition
8
0
0
Thomas Butner for 1 rifle gun pressed in the Service
5
0
0
Robert Simonton for 1 horse and bell
10
0
0
Thomas Crawford for 1 saddle and bridle pressed
3
6
8
Benja Milner for his service in the late Expedition
17
13
4
John Oliphant for himself and 12 men on an Expedition to Silver Creek the Quakers Meadow and the three Creeks per order Genl Waddell
32
10
0
William Morrison for himself & 10 men in like service
20
10
0
William Sherrell for himself & 10 men on the like service
27
15
0
James Lea for a gun lost in the service
1
10
0
Emperur Wheeler for 1 ditto
1
15
0
Able Gower for 1 ditto
1
6
8
James Sampson for 10 days pay and expences in the Expedition
6
5
0
Richard Brocus for 42 days pay in the late Expedition
10
10
0
Gabriel Homes for 11 days pay in the late Expedition
2
15
0
Walter Lindsay for the Balla of his Acct in the Expedition
64
18
2
William Hatch for 118 days service as steward & gunner in ditto
25
0
0
Samuel Paul for himself, waggon and team in ditto
15
0
0
Moses Martin for himself & ten mens pay & for horse hire & provisions
22
3
8

It is also the opinion of your Committee that the following Claims be disallowed Vizt

£ s. d.
Thomas Thomsons Acct for 1 mare pressed in the Expedition
20
0
0
Henry Sloans ditto for a horse and Saddle
16
0
0
Quakers between Reedy Fork and Haw River for 10 stears
27
15
0
Valentine Frys ditto for 3 stears & 100 per bolted flour
9
12
6
William Patrick ditto for 8 stears & 2 cows
Thomas Sitgreaves for guarding the baggage, Artill and ammunition waggons on the return of the Craven Detachment
10
0
0
-------------------- page 528 --------------------

Then on motion resolved that the House do concur with the said reports, and that the following Message be sent to the Council, towit,

Gentlemen of His Majesty's Honorable Council.

We herewith send you a resolve of this House for allowing Jacob Mitchel the sum of eight pounds, Thomas Butner five pounds, Robert Simonton ten pounds, Thomas Crawford three pounds six shillings and eight pence, Benjamin Milner seventeen pounds thirteen shillings and four pence, John Oliphant for himself and twelve men thirty two pounds ten shillings, William Morrison for himself and ten men twenty pounds ten shillings, William Sherrel for himself and ten men twenty seven pounds fifteen shillings, James Lea, one pound ten shillings, Emperer Wheeler one pound fifteen shillings, Abel Gower one pound six shillings and eight pence, James Sampson six pounds five shillings, Richard Brocus ten pounds ten shillings, Gabriel Homes two pounds fifteen shillings, Walter Lindsay sixty four pounds eighteen shillings and two pence, William Hatch five pounds, Samuel Paul fifteen pounds and Moses Martin for himself and ten mens pay and for horse hire and provisions twenty two pounds three shillings and eight pence, and desire your honors concurrence thereto.

JOHN HARVEY, Speaker.

Sent by Mr Lanier and Mr S. Smith.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 23rd February 1773.

The House met according to adjournment

On motion ordered the Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this province be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr McAlister and Mr Benbury.

On motion ordered the Bill to repeal part of an Act 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 McAlister and Mr Benbury.

On motion ordered the Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proc

-------------------- page 529 --------------------
money within 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 McAlister and Mr Benbury.

On motion ordered the Bill to prevent hunting with a gun in the night by fire light be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr McAlister and Mr Benbury.

Recd from the Council the Bill to continue an Act Intitled an Act to alter the method of working on the roads in the County therein mentioned, and,

The Bill for establishing triennial Assemblies.

Endorsed, In the upper House 23rd February 1773. Read the first time and passed.

On motion ordered the Bill to impower the Commissioners therein named to build a bridge over Trent river on the main road leading from New Bern to 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 Hatch and Mr Coor.

On motion ordered the Bill for laying out a road from Dan river through the Counties of Guilford, Chatham and Cumberland to Campbelton and for a public road from the Shallow Ford in Surry County to join the same, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Coor.

On motion ordered the Bill for rendering the navigation of Trent River more useful and advantageous be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Coor.

On motion ordered the Bill to amend an Act Intitled an Act for regulating the several officers fees therein mentioned and ascertaining the method of paying the same, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Jarvis and Mr Lewis.

Recd from the Council the Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of our Lord 1768, Intitled an Act for dividing the Province into six several districts and for establishing

-------------------- page 530 --------------------
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 Justice of the said Superior Courts. Endorsed in the upper House, 23rd February 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to regulate and ascertain the fees of the Clerks of the pleas in the Superior and Inferior Courts in this Colony, directing the method of paying the same and for taxing Law Suits, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council

Sent by Mr Jarvis and Mr Lewis.

On motion ordered the Bill to amend the staple of Tobacco, and prevent frauds in his Majesty's Customs, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council

Sent by Mr McNair and Mr Stewart.

On motion ordered that Mr. M. Moore, Mr Howe, Mr Nash, Mr Martin and Mr Caswell be a Committee of this House to take into consideration Lord Granville's Territory in this Province, with respect to the settlement of the same, and to propose some plan to quiet the Inhabitants in their possessions, and report their opinion to the House.

On motion ordered the Bill to alter the method of working upon the public roads in the county of New Hanover be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

On motion ordered the Bill to amend an Act Intitled an Act for the regulation of the Town 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 Mr McNair and Mr Hines.

On motion ordered the Bill for establishing triennial Assemblies be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Howe, Mr Harnett, Mr Caswell, Mr Campbell, Mr McNair, Mr Knox, Mr Lewis, Mr Rutherford, Mr Simpson, Mr Starkey, Mr Lanier, Mr Gray, Mr Hewes, Mr Johnson, Mr Martin, Mr B. Harvey, Mr M. Moore, Mr Davis, Mr McCulloch, Mr Benbury, Mr Thos. Person, Mr Lane, Mr Wynns and Mr Robeson.

On motion ordered the Bill to amend an Act Intitled an Act for

-------------------- page 531 --------------------
settling the bounds of Lands, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Latham and Mr Slade.

On motion ordered the Bill of Pardon and oblivion to the persons concerned in the late Insurrection except such persons as are therein excepted, be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Martin and Mr Kimbrough.

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

Then the House adjourned 'till tomorrow morning 10 oClock.


Wednesday 24th February 1773.

The House met according to adjournment.

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

Sent by Mr Hatch and Mr Evans,

On motion the Bill for building a bridge over Tulls Creek and repairing the Causeway thereunto adjoining, be read the third time. Read the same a third time, and ordered Mr Williamson have leave to with draw the said Bill.

On motion ordered the Bill to impower the Inferior Courts of the several Counties within this Province to lay a tax to defray the expence of their respective Members in attending the General Assembly, be read the second time. Read the same a second time and rejected.

Recd from the Council the following Bills, to wit.

The Bill for appointing Public Treasurers and directing their duty in office.

The Bill to amend an Act Intitled an Act for 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 24th February 1773. Read the second time and passed.

The Bill of pardon and oblivion to the persons concerned in the late Insurrection except such persons as are therein excepted.

-------------------- page 532 --------------------
Endorsed, In the upper House 24th February 1773. Read the second time and passed.

The Bill to prevent hunting with a gun in the Night by firelight.

The Bill for laying out a public road from Dan River through the Counties of Guilford, Chatham and Cumberland to Campbelton, and for a public road from the Shallow Ford in Surry County to join the same. Endorsed, In the upper House 24th February 1773. Read the third time and passed. Ordered to be engrossed.

Mr Justice Moore moved for leave to present a Bill to amend an Act passed at New Bern in the year 1771, Intitled an Act for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland.

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 Martin and Mr Lanier.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

We agree with your Answer to our Message of the 19th Instant upon the Bill for dividing the Province into six several Districts &ca and we will pass the Bill with that amendment only which respects attachments of persons Estates who reside in Europe; we therefore desire you to send two of your members to see that amendment inserted. In the upper House 24th of February 1773.

The House taking the same under consideration ordered the following message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to your passage of the Bill for dividing this province into six several districts &ca, We send Mr Hooper and Mr Macknight to see the amendment you propose inserted in the Bill.

JOHN HARVEY Sp.

On motion ordered the Bill for preventing persons who by devise or otherwise are invested with a life Estate in any slave or slaves or other goods and chattles from doing injury to the person or persons in reversion be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

-------------------- page 533 --------------------

Sent by Mr Rutherford and Mr Shepard.

On motion ordered Mr Caswell and Mr Person wait on his Excellency the Governor and acquaint him the House have prepared a Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of our Lord One Thousand seven hundred and sixty eight, Intitled an Act 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, and desire to know when they shall wait on him to present it being returned informed the House His Excellency would receive them in an hour.

Recd from the Council the following message, towit,

Mr Speaker and Gentlemen of the Assembly,

On reading the third time the Bill to amend the staple of Tobacco &ca, We propose that the inspection be confined to Tobacco exported to Great Britain only, and that the Bill be made consonant thereto.

We further purpose that the last clause in the Bill for preventing Slaves cultivating Tobacco be deled, and the following clause inserted instead thereof, Vizt “And whereas many mischiefs have arisen by slaves cultivating large quantities of Tobacco, Be it enacted by the Authority aforesaid, that no slave shall cultivate more than five hundred hills of Tobacco under the penalty of five pounds proclamation money to be recovered from the Master owner or overseer of such slave by Action of debt before any jurisdiction having cognizance thereof, one half to the informer, and the other half to the use of the Colony [county] where such slave shall reside” to which amendments if your House agree be pleased to send two of your members to see the same inserted in the Bill.

The House taking the same into consideration, ordered the following message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

In answer to your message of this day relative to the amendments by you proposed to be inserted in the Bill to amend the Staple of Tobacco, &ca, This House cannot agree to the amendments proposed by you, as the first clause tends to render useless the whole Bill, the

-------------------- page 534 --------------------
latter from its general expression tends to prohibit both master and slave from cultivating more than five hundred hills of Tobacco.

JOHN HARVEY, Speaker.

Sent by Mr Montfort and Mr McNair.

Recd from the Council the Bill for regulating the Borough of Campbelton and erecting public buildings therein be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Campbell and Mr McAlister.

Recd from his Excellency the Governor the following Message, (together with the return of the stores therein mentioned) to wit,

Mr Speaker and Gentlemen of the House of Assembly,

To give you the information of the state of the Magazine of Fort Johnston, I promised in my Speech, I send herewith the last return of the stores made to me by the Captain of the Fort.


New Bern February 24th 1773.
JO. MARTIN.

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

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration a petition of the pilots of Ocacock Bar, submitting it to your consideration, whether it may not be expedient to provide by Law for prevention of the grievances of which they complain. As far as it depends on me I shall take care to obviate an evil that may be productive of the worst consequences to the navigation of the several parts of this province to which Ocacock Inlet is the Key.

JO. MARTIN.

New Bern 24th February, 1773.

Mr Speaker with the House waited on His Excellency the Governor in the palace and presented him with the Bill to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the Year of our Lord one thousand seven hundred and sixty eight, 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, which his Excellency was pleased to reject.

-------------------- page 535 --------------------

Mr Caswell moved for leave to present a Bill to amend and continue an Act 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.

Ordered he have leave accordingly

Mr Caswell 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 Lock and Mr Rutherford

Recd from the Council the following Bills, to wit,

The Bill to continue the Tax imposed by an Act Intitled an Act for building a Court House in the Town of Salisbury for the District of Salisbury. Endorsed, In the upper House 24th February 1773.

Read the first time and passed

The Bill to impower the commissioners therein named to build a bridge over Trent River on the main road leading from New Bern to Wilmington,

The Bill for establishing Triennial Assemblies.

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

The Bill to amend an Act Intitled an Act for settling the Bounds of Lands.

The Bill for rendering the navigation of Trent River more useful and advantageous

The Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proc money within this Province. Endorsed, in the upper House 24th February 1773. Read the second time and passed, and,

The Bill to alter the method of working upon the public roads in the County of New Hanover. Endorsed In the Upper House 24th February 1773. Read the second time, amended and passed.

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 of the 10th and 18th Instant for allowing certain sums of money to sundry persons therein

-------------------- page 536 --------------------
mentioned. Concurred in by His Majesty's Council with my assent thereto.

JO. MARTIN.

New Bern 23rd February, 1773.

Recd at the same time the resolves mentioned in the above Message of the 10th and 18th instant.

Endorsed, assented to.

JO. MARTIN.

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

Sent by Mr Hooker and Mr Slade.

On motion ordered the Bill to continue an Act Intitled an Act to alter the method of working upon the roads in the County 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 Hooker and Mr Slade.

Recd from the Council the resolve of this House for allowing Jacob Mitchell, Thomas Butner, Robert Simonton, Thos Crawford, Benjamin Milner, John Oliphant, William Morrison, James Lee, William Sharrell, Emperor Wheeler, Abel Gower, James Sampson, Richard Brocus, Gabriel Homes, Walter Lindsay, William Hatch, Samuel Paul, and Moses Martin, the sums therein mentioned.

Endorsed in the upper House, 24th February 1773. Concurred with.

JAMES HASELL, P. C.

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 you a resolve of this House for allowing Jacob Mitchell, Thomas Butner, Robert Simonton, Thos Crawford, Benja Milner, John Oliphant, William Morrison, James Lee, William Sharrell, Emperor Wheeler, Abel Gower, James Sampson, Richard Brocus, Gabriel Homes, Walter Lindsay, William Hatch, Samuel Paul, and Moses Martin, the several sums therein mentioned, Concurred with by his Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.
-------------------- page 537 --------------------

Sent by Mr Lanier and Mr Williams.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday 25th February 1773.

The House met according to adjournment.

On motion ordered the Bill to alter the method of working upon the public road in the county of New Hanover be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Davis and Mr Robeson.

On motion ordered the Bill for building a gaol in Beaufort County be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Coor.

On motion ordered the Bill for rendering the navigation of Trent River more useful and advantageous be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Coor.

On motion ordered the Bill to impower the commissioners therein named to build a bridge over Trent River on the main road leading from Wilmington to New Bern be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Coor.

Recd from the Council the following Bills, to wit,

The Bill to amend an Act Intitled an Act for the regulation of the Town of Salisbury securing the Inhabitants in their possessions and to encourage the settlement of the said Town.

The Bill to amend an Act passed at New Bern in the year 1771, Intitled an Act for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland.

Endorsed, in the upper House 25th February 1773. Read the first time and passed.

The Bill for preventing persons who by devise or otherwise are invested with a life Estate in any slave or slaves or other goods and chattles from doing injury to the person or persons in reversion.

The Bill for regulating the Borough of Campbelton and erecting public buildings therein.

Endorsed, In the upper House 25th February 1773. Read the second time and passed.

-------------------- page 538 --------------------

Also the following Message,

Mr Speaker and Gentlemen of the Assembly.

The House continue of opinion that the benefit of the insolvent Act should be extended to all those who are indebted in a less sum than ten pounds as well as those indebted above that sum and therefore desire if it be agreeable to your House that you would send two of your Members to see those words which confine the benefit of said Act to debtors above the sum of ten pounds deled.

In the upper House 25th February 1773.

The House taking the same into consideration ordered the following Message be sent to the Council Vizt,

Gentlemen of His Majesty's Honble Council,

In answer to your Message of the 25th Instant, This House agree that those words in the Bill for the relief of insolvent debtors &ca which confine the benefit of said Act to debtors above the sum of ten pounds deled, and send Mr Hooper and Mr Harnett to see the same done.

JOHN HARVEY Sp.

Received from the Council the following Bills, to-wit,

The Bill to alter the method of working upon the public roads in the County of New Hanover. Endorsed, In the upper House 25th February 1773. Read the third time and passed. Ordered to be engrossed.

The Bill to amend an Act Intitled an Act for regulating the several officers fees therein mentioned, and ascertaining the method of paying the same. Endorsed, In the upper House 25th February 1773.

Read the second time and passed.

Also the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

Having received your answer to our Message proposing amendments to the Bill to amend the Staple of Tobacco &ca and maturely considered thereof, this House cannot recede from the first amendment proposed, as to the other they agree that it should extend only to slaves cultivating Tobacco for their own benefit. You will therefore be pleased if you approve thereof to send two of your Members to see the amendment made in the Bill.

In the upper House 25th February 1773.

-------------------- page 539 --------------------

The House taking the same in consideration ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

In reply to your Message to confine the inspection of Tobacco to that which shall be exported to Great Britain only, as the allowing uninspected Tobacco to be cleared outwards to any other place will leave a door open for much fraud and abuse in His Majesty's customs, and manifestly tend to depreciate that valuable Staple, We will however agree that the following clause may be added to the Bill Vizt, “And whereas the immediate execution of this Act may be very inconvenient to the persons at present concerned in shipping Tobacco from the ports of Brunswick, New Bern and Bath for want of proper ware houses and inspectors at those ports, Be it enacted by the Authority aforesaid that nothing herein contained shall be construed to prohibit the Custom House officers in any of the said ports from clearing out vessels with Tobacco as usual until the first day of January next at which time this Act shall take effect in those ports anything herein contained to the contrary notwithstanding.” We agree to the other part of your Message for confining Slaves in the cultivation of Tobacco, for their own use and if you will adopt the above amendment, we will send two of our Members to see the Bill altered agreeable thereto.

JOHN HARVEY, Sp.

Sent by Mr Montfort and Mr Caswell.

On motion ordered the Bill to amend and continue an Act 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 Superior Courts be read the second time. Read the same a second time, amended and passed and ordered to be sent to the Council.

Sent by Mr Gray and Mr Simpson.

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

Sent by Mr Montfort and Mr Alston.

Recd from the Council the following Bills, Vizt,

-------------------- page 540 --------------------

The Bill for building a gaol in Beaufort County. Endorsed, In the upper House 25th February 1773. Read the second time, and passed.

The Bill to amend and continue an Act 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 25th February. Read the second time, amended, and passed, and,

The Bill for rendering the navigation of Trent River more useful and advantageous. Endorsed, In the upper House 25th February 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for Triennial Assemblies be read the third time. Read the same a third time, passed and ordered to be sent to the Council

Sent by Mr Howe, Mr Harnett, Mr Caswell, Mr F. Campbell, Mr McNair, Mr Knox, Mr Lewis, Mr Rutherford, Mr Simpson, Mr Starkey, Mr Lanier, Mr Gray, Mr Hewes, Mr Johnston, Mr Martin, Mr B. Harvey, Mr M. Moore, Mr Davis, Mr McCulloch, Mr Benbury, Mr Thos Person, Mr Lane, Mr Wynns, and Mr Robeson.

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

Sent by Mr Nash and Mr McNair.

On motion ordered the Bill for regulating the Borough of Campbelton and erecting public buildings therein be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Hooper and Mr Gray.

On motion ordered Mr Kenan and Mr Gray have leave to absent themselves from the service of the House after the rise thereof on Saturday next.

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 of the 22d Instant

-------------------- page 541 --------------------
for allowing certain claims of money to persons therein mentioned, concurred in by his Majesty's Council with my assent thereto.

JO. MARTIN.

Recd at the same time the resolve mentioned in the above message, Endorsed Assented to.

JO. MARTIN.

Recd from his Excellency the following message (together with the Instruction therein mentioned) to wit

Mr Speaker and Gentlemen of the House of Assembly,

This will accompany a copy of his Majesty's Royal instructions relative to a Law for the establishment of a post office in this Province, which I have it in command to propose to you, And I hope you will see it expedient to pass a Law conformable thereto, for the preservation of an institution of so great utility and advantage to this Colony.

JO. MARTIN.

New Bern February 23d, 1773.

Also the following Message, to wit.

Mr Speaker and Gentlemen of the House of Assembly,

Colonel Armstrong of the County of Surry (now in this Town) having received some advice that the Indian Nations on the Frontiers of this Province are meditating Hostilities, and informed me that there is certain intelligence of violence already committed upon some of his Majesty's subjects who from his relation, I am inclined to think have been aggressors by encroaching on the Indian Territory.

I wish your House may think it proper to hear Mr Armstrong's account of the matter from himself, and if it shall appear that the Indians have any hostile intentions, that you will consider of proper measures to be taken for the security and defence of this Province.


New Bern February 25th 1773.
JO. MARTIN.

Then the House adjourned till tomorrow morning 10 oClock.


Friday 26th February 1773.

The House met according to adjournment.

On motion ordered the Bill to continue the tax imposed by an Act Intitled an Act for building a Court House in the Town of Salisbury

-------------------- page 542 --------------------
for the District of Salisbury be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Davidson and Mr Montgomery.

On motion ordered the Bill to amend an Act Intitled an Act for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of 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 Davison and Mr Montgomery.

Received from the Council the following Message, towit,

Mr. Speaker and Gentlemen of the Assembly,

Upon reading a third time the Bill for building a bridge over Trent River, This House are of opinion that the commissioners should be impowered to get timber on the lands convenient thereto for building said bridge but not for repairs of the same at all times thereafter. If your House concur with us in this amendment, we desire you to send two of your members to see it inserted.

In the upper House 25th February 1773.

The House taking the same into consideration ordered the following Message to be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council.

In answer to your Message of yesterday relative to the amendment by you proposed to be inserted in the Bill for building a bridge over Trent River, This House agree thereto, and send Mr Neale and Mr Hatch to see the proposed amendments inserted in the said Bill

JOHN HARVEY Sp.

On motion ordered the Bill for cutting a navigable canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County 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 Hatch.

On motion ordered the Bill for establishing a public Seminary of learning in the Western part of 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 Neale and Mr Hatch.

-------------------- page 543 --------------------

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

Recd from the Council the following Bills, to wit,

The Bill to continue an Act Intitled an Act to alter the method of working upon the roads in the county therein mentioned.

The Bill to continue the Tax imposed by an Act Intitled an Act for building a court house in the Town of Salisbury for the district of Salisbury.

The Bill to amend an Act Intitled an Act for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions, and to encourage the settlement of the said Town. Endorsed, In the upper House, 26th February 1773. Read the second time and passed.

The Bill to continue an Act for the more speedy recovery of all debts and demands under five pounds proc money within this Province. Endorsed, In the upper House 26th February 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to continue the Tax imposed by an Act Intitled an Act 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 Rutherford and Mr Montgomery.

On motion ordered the Bill to amend an Act Intitled an Act for the regulation of the Town of Salisbury securing the Inhabitants in their possessions, and to encourage the settlement of said Town be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Rutherford and Mr Montgomery.

On motion ordered the Bill for building a gaol in Beaufort County be read the third time. Read the same a third time, passed and ordered to be sent to the Council,

Sent by Mr Respess and Mr Evans.

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

Sent by Mr Gray and Mr Hines.

On motion ordered the Bill for repairing the gaol for the district of Halifax in the town of Halifax be read the third time. Read the

-------------------- page 544 --------------------
same a third time, amended, passed and ordered to be sent to the Council,

Sent by Mr McCulloch and Mr Alston.

Recd from the Council the following Bills Vizt,

The Bill for building a gaol in Beaufort County

The Bill to impower the Commissioners therein named to build a bridge over Trent River on the main road leading from New Bern to Wilmington.

The Bill to amend an Act Intitled an Act for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town.

The Bill to continue the tax imposed by an Act Intitled an Act for building a Court House in the Town of Salisbury for the District of Salisbury.

The Bill for the relief of insolvent debtors with respect to the imprisonment of their persons.

Endorsed In the upper House 26th February 1773. Read the third time and passed. Ordered to be engrossed.

Also the following message, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

On reading the third time the Bill for regulating the Borough of Campbelton and erecting public buildings therein, this House propose the following Amendments, Vizt, That the Court House, Gaol, Pillory and Stocks be and remain on the public lots alloted for that purpose on the part of the Borough heretofore called Campbelton, and nowhere else, and that the clauses in the Bill having reference thereto be altered accordingly, and that the names of the commissioners in the Bill mentioned be deled, and the following inserted, Vizt Alexander McAlister, Ferquhard Campbell, Richard Lyon, Robert Nelson and Robert Cochran, to which amendments if your House agree be pleased to send some of your members to see the same made. In the upper House 26th February 1773.

The House taking the same under consideration ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

In answer to your message to the Bill for regulating the Town of Campbelton, and erecting public buildings therein, wherein you

-------------------- page 545 --------------------
propose an alteration of the persons named as commissioners for laying out the said Town, This House in this respect [having] nothing in contemplation but the interest of the County of Cumberland do not object to the amendment, confident that the persons proposed by you are men of integrity, and that nothing but an independant view to the public good has induced you to suggest the alteration. With respect to the second amendment proposed by you, We cannot consent that the public buildings should be erected in the place formerly called Campbelton as it is a measure in which the County of Cumberland is essentially interested, and a majority of the Inhabitants of the County have supplicated the Legislature that the public buildings may be erected in the place formerly called Cross Creek [which] by a petition now in your House will appear, and the Inhabitants of that part called Cross Creek have subscribed largely for that purpose in order to lessen the County expence, but if it is a measure which your House conceive will be more beneficial to the public that the buildings should be erected on the south side of the Creek called Cross Creek, this House consent to such an amendment.

JOHN HARVEY, Sp.

Sent by Mr Hooper and Mr Macknight.

On motion ordered the Bill to amend and continue an Act 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 a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lock and Mr Davidson.

On motion ordered the Bill of Pardon and oblivion to the persons concerned in the late Insurrection except such persons as are therein excepted be read the second [third] time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Martin and Mr Kimbrough.

Colo Armstrong being called to the Bar of this House and hearing his relation of the matter respecting the violence of some Indians (as informed this House by his Excellencys Message of yesterday) and the violence appearing to have been committed on persons near the mouth of Green Briar in the Government of Virginia,

-------------------- page 546 --------------------
the House taking the same into consideration 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 agreeable to your Excellency's Message have examined Colo Armstrong as to the facts respecting the Indians, and tho' there seems to be from his information a disposition of discontent in those people it does not appear to us of such importance as to require any immediate provision.

JOHN HARVEY Speaker.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday 27th February 1773.

The House met according to adjournment.

On motion ordered the Bill for preventing persons who by devise or otherwise are invested with a life estate in any slave or slaves, or other goods and chattels from doing injury to the person or persons in reversion be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Shepard and Mr J. Jones.

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

Sent by Mr Kenan and Mr W. Person.

Recd from the Council the following Bills, Vizt

The Bill for establishing a Public Seminary of Learning in the Western part of this province,

The Bill to establish Inferior Courts of pleas and quarter sessions in the several Counties in this Province, Endorsed, In the upper House 27th February 1773, Read the second time amended and passed.

The Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this Province.

The Bill for Cutting a navigable Canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County,

Endorsed, In the upper House 27th February 1773, Read the second time and passed,

-------------------- page 547 --------------------

The Bill for preventing persons who by devise are invested with a life Estate in any slave or slaves or other goods and chattles, from doing injury to the person or persons in reversion.

The Bill for repairing the gaol for the district of Halifax in the Town of Halifax.

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

The Bill to amend an Act Intitled an Act for settling the Bounds of Lands.

Endorsed, In the upper House 27th February 1773. Read the third time and passed. Ordered to be engrossed.

Also the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

On the third reading of the Bill of pardon and oblivion to the persons concerned in the late Insurrection &ca, We observe that you have deled the names of James Hunter, Samuel Deviney, and Nineon Bell Hamilton, as we do not agree thereto, we propose that those names should be steted in the Bill, to which amendment if your House agree be pleased to send two of your Members to see the same inserted in the Bill.

The House taking the same into consideration ordered the following Message be sent to the Council, to wit,

Gentlemen of his Majestys Honble Council,

In answer to your Message of this day for stetting the names of James Hunter, Samuel Deviney and Nineon Bell Hamilton in the Bill of pardon and oblivion, This House cannot agree thereto, and hope you will pass the Bill as it went from this House.

JOHN HARVEY Speaker.

Sent by Mr Montfort and Mr Caswell.

On motion ordered the Bill for appointing public Treasurers and directing their duty in office, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Montfort and Mr Caswell.

On motion ordered the Bill for allowing a Salary to the Speaker of the House of Assembly, be read the third time. Read the same a third time and rejected.

On motion ordered Mr Johnston, Mr A. Jones, Mr Wynns, and Mr

-------------------- page 548 --------------------
Oldham have leave to absent themselves from the service of the House.

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

Mr Speaker and Gentlemen of the House of Assembly,

On representation made to me in the month of March last by many Judicious Gentlemen well wishers to this Country, that the prosecutions carrying on by the attornies of Mr Fanning against sundry persons Inhabitants thereof, for great injuries done to his property, during the late unhappy Insurrection, had a tendency to keep alive the dissentions that have recently thrown this Province into Civil commotions, I did in tender regard to the public peace and welfare, recommend it to that gentleman to withdraw his prosecutions, and rather expect reparation of his losses sustained during that time of public calamity, from the equity of the Legislature, In consequence whereof I am to inform you that Mr Fanning sacrificing his interest, and resentment to the public tranquility, with a generosity that must be remembered to his Honor, ordered immediately, all the suits brought upon this account by himself or his Attornies be discontinued and he now throws himself upon the public Justice of his Country, which I have no doubt you will dispense with just liberality. Mr Fanning estimates his losses to amount at a low computation to £1500 proclamation money.

The Justice of making public amends to a Gentleman who has renounced all Legal remedy for such injuries as he suffered, in a time of public convulsion and distress, from motives of affection to this Country, I am persuaded must strike you as forcibly as me. I shall therefore content myself with earnestly recommending his sufferings, and his generosity to your consideration

JO. MARTIN.

Ordered the said Message be taken under consideration on Monday morning next.

Then the House Adjourned till Monday Morning 10 oClock.


Monday 1st March 1773

The House met according to adjournment.

On motion ordered the Bill for cutting a navigable canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County

-------------------- page 549 --------------------
be read the third time. Read the same a third time, passed, and ordered to be sent to the Council

Sent by Mr S. Smith and Mr Evans.

On motion ordered the Bill for establishing a public Seminary of Learning in the Western part of this Province be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Phifer and Mr Davison.

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

Sent by Mr Hatch and Mr Coor

On motion ordered the Bill to regulate and ascertain the fees of Clerks of pleas in the Superior and Inferior Courts in this Colony, directing the method of paying the same, and for taxing Law Suits, be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr T Person and Mr Rutherford

Mr Harnett Chairman from the Committee of Public Accounts further reported that the Southern Treasurer had paid into the Committee five hundred and eleven pounds four shillings in old money, five hundred and twenty eight pounds eleven shillings and six pence in old Debentures, and nine hundred and twenty three pounds in new Debentures, making in the whole the sum of nineteen hundred and sixty two pounds sixteen shillings and six pence on accounts of the sinking fund.

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

Gentlemen of His Majestys Honble Council,

The Chairman of the Committee of Public accounts having reported that the Southern Treasurer hath paid into the Committee five hundred and eleven pounds four shillings in old money, five hundred and twenty eight pounds twelve shillings and six pence in old debentures, and nine hundred and twenty three pounds in new Debentures, making in the whole the sum of nineteen hundred and sixty two pounds sixteen shillings and six pence on account of the sinking fund, This House have appointed a Committee of the

-------------------- page 550 --------------------
whole House to see the said sum burnt at the house of Thomas Sitgreaves in New Bern at four oClock tomorrow in the afternoon in conjunction with such of your Members as you shall think fit to appoint.

JOHN HARVEY, Sp.

Sent by Mr Starkey and Mr Williamson.

On motion ordered that Mr Lewis and Mr J. Moore have leave to absent himself from the service of this House. Also Mr Hooper have leave after Wednesday next. Also Mr Haywood have leave to absent himself.

Recd from the Council the following Message to wit,

Mr Speaker and Gentlemen of the Assembly.

We agree with the amendments proposed by you to the Bill to amend the staple of Tobacco &ca and desire you would send two of your Members to see the same made. In the upper House 1st March 1773.

Ordered the following Message be sent to the Council vizt

Gentlemen of His Majestys Honble Council,

In reply to your Message of this day relative to the Bill to amend the Staple of Tobacco, &ca, This House have sent Mr Montfort and Mr Nash to see the same made.

JOHN HARVEY, Sp.

Recd from the Council the following Message, Vizt,

Mr Speaker and Gentlemen of the Assembly,

Upon reading the third time the Bill continuing an Act for dividing this Province into six several districts &ca, We observe that you have deled the following clause Vizt, “And be it further enacted by the Authority aforesaid that for the future the estate of no person whatsoever who hath never resided in this Province shall be liable to an attachment otherwise than according to the Laws and Statutes of England in like cases, and that every clause and section in the before recited Act contrary thereto, shall thenceforth be repealed.”

We apprehend this clause is so penned as to give to the people of this Province every benefit enjoyed by the people of England by the method of Attachments, what that benefit is or how far restrained will be left at large to the construction of the Courts of Law. For

-------------------- page 551 --------------------
these reasons and because without this clause the province is like to be without any Courts of Justice, we do not consent to part with it. If your House agree to this alteration, we conceive the other clause respecting the twelve months continuance may be deled.

We further propose to impower the Chief Justice and his associates or either of them to open the Court of Salisbury on any of the first six days of the next succeeding term. If your House agree to these alterations be pleased to send two of your members to see the same made.

In the upper House 1st March 1773.

On motion ordered the Bill to amend an Act passed at New Bern in the year 1771, entitled an Act for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Robinson and Mr Brooks.

Received from the Council the Bill for dividing the Province into six several districts and for establishing a Superior Court of Justice in each of the said districts, and for establishing Inferior Courts of pleas and quarter sessions in the several Counties in the Province, and regulating proceedings therein. Endorsed, In the upper House, 1st March 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for vesting in certain persons therein named two acres of Land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon, and for inclosing a burying ground be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Williamson and Mr Jarvis.

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

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

Sir,

In answer to your Excellencys Message relative to Mr Fanning, This House is entirely sensible of your Excellencys good intentions as recommending the measure by you proposed, but apprehend making Mr Fanning an allowance for injuries he sustained in those

-------------------- page 552 --------------------
times of public calamity would be productive of discontent to the Inhabitants of this Province in general, therefore do not think themselves Justifiable in making him any allowance.

JOHN HARVEY, Speaker.

Sent by Mr Knox and Mr Neale.

Recd from the Council the following Bills, Vizt

The Bill to amend the staple of Tobacco and prevent frauds in his Majesty's Customs. Endorsed, In the upper House 1st March 1773. Read the third time and passed with amendments. Ordered to be engrossed.

The Bill to amend an Act passed at New Bern in the year 1771, Intitled an Act for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland. Endorsed, In the upper House 1st March 1773. Read the second time and passed.

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

Sent by Mr Respess and Mr Benbury.

On motion ordered the Bill to amend an Act passed at New Bern in the year 1771 Intitled an Act for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Respess and Mr Benbury.

Recd from the Council the following Bills, Vizt

The Bill for establishing a public Seminary of Learning in the Western part of this Province.

The Bill for cutting a navigable Canal from Mattamuskeet Lake to the head of Wesokin Creek in Hyde County, and

The Bill for vesting in certain persons therein named two acres of Land at the Indian Town in Currituck County as Trustees for erecting a Chapel thereon and for inclosing a burying ground.

Endorsed, In the upper House 1st March, 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill for directing the method of appointing Jurors in all causes Civil and Criminal be read the third time.

-------------------- page 553 --------------------

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

Sent by Mr Thos. Person and Mr. Atherton.

Recd from the Council the following Bills, to wit,

The Bill for appointing public Treasurers and directing their duty in Office

The additional Bill to an Act, Intitled an Act for 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 1st March 1773. Read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to amend an Act Intitled an Act for regulating the several officers fees therein mentioned and ascertaining the method of paying the same, be read the third time. Read the same a third time and rejected.

On motion ordered the Committee appointed for stating and settling several matters referred to them in consequence of Mr M. Moore's being security for William Walker late Sheriff of New Hanover County be dissolved.

On motion ordered the Committee to prepare and bring in a Bill for appointing Sheriffs and Coroners, and directing their duty in office be dissolved.

Recd from the Council the following message, to wit,

Mr Speaker and Gentlemen of the Assembly,

On reading in this House for the third time the Bill for appointing public Treasurers &ca We propose the following amendments, Vizt That John Ashe Esquire the present Southern Treasurer be continued in office.

That the several clauses inserted by the House at the second reading to compel the Treasurers to collect, account for and pay the public Taxes be steted.

That the several clauses at the same time by us deled and at your third reading steted, be again deled.

And that the new clause by you added relative to the proceedings against Sheriffs for the non payment of public Taxes, be also deled. We further propose that the following clause be inserted in the Bill, vizt, “And be it further enacted that in case of the death or departure out of this Province, or other legal disability of the said Treasurers, or either of them hereby appointed, it shall and may be lawful

-------------------- page 554 --------------------
for the Governor or Commander in Chief for the time being with the advice of his Majesty's Council to appoint and constitute any other person or persons in his or their place or stead, to execute the said office until the next session of Assembly, such person appointed giving Bond and security as herein before is directed,” to which amendments if your House agree be pleased to send two of your Members to see them inserted in the Bill.

In the upper House 1st March 1773.

The House taking the same into consideration ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majestys Honble Council,

In answer to your Message of this day relative to the Bill for appointing public Treasurers &ca. We do not agree to the alterations by you proposed and desire your Honors to pass the Bill as it was sent you from this House.

JOHN HARVEY Sp.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

Upon the third reading of the Bill in addition to an Act for regulating the Town of New Bern, we agree to your amendments, and we propose to add the two following paragraphs.

“And whereas sundry idle and disorderly persons as well as slaves and children under age do make a practice of firing guns and pistols within the said Town, Be it enacted by the authority aforesaid that if any such person shall for the future fire a gun or pistol within the said Town he shall pay a fine of ten shillings for every offence to be recovered as aforesaid. If the offender be under age the parent or master or guardian shall pay the said fine, and if a slave shall by order of the next Magistrate be whipped not exceeding twenty lashes unless the master of the said slave shall pay the said fine.”

“And be it further enacted by the authority aforesaid that the commissioners of the said Town or a Majority of them are hereby impowered and required to appoint two or more watchmen whose duty shall be regulated by the commissioners, and who shall be paid out of the monies arising by virtue of this Act.” To which amendments if your House agree be pleased to send two of your Members to see them inserted in the Bill.

In the upper House 1st March 1773.

-------------------- page 555 --------------------

The House taking the same into consideration ordered the following Message be sent to the Council, Vizt,

Gentlemen of His Majesty's Honble Council,

In answer to your Message of this day relative to the Bill in Addition to an Act for regulating the Town of New Bern, We agree to the paragraphs by you proposed, and send Mr Neale and Mr Hatch to see the same added to the Bill.

JOHN HARVEY, Sp.

Received from the Council the following Message, Vizt,

Mr Speaker and Gentlemen of the Assembly,

Upon a third reading of the Bill to regulate and ascertain the fees of the Clerks of the pleas &ca, This House are of opinion that the fees as stated by the additional and explanatory Act passed Anno dom. 1770, are barely equal to the services performed by the Clerks of the Superior and Inferior Courts, and therefore cannot agree to the reduction of them which your House have made, in any one Instance. If your House agree to let them stand upon the footing of the said recited Act, please to send two of your Members to see them made conformable thereto.

In the upper House 1st March 1773.

The House considering of the same ordered the following Message be sent to the Council, to wit,

Gentlemen of His Majesty's Honble Council,

In answer to your Message of Yesterday relative to the Bill to regulate and Ascertain the fees of the Clerks of the pleas, &ca, This House agree that the fees as stated by the additional and explanatory Act passed Anno Dom. 1770, for services performed by the Clerks of the Superior and Inferior Courts in every instance be inserted in the said Bill, and send Mr Caswell and Mr Nash, two of the Members of this House to see the Bill made conformable thereto.

JOHN HARVEY, Sp.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 2d March 1773.

The House met according to adjournment.

On motion ordered the Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons

-------------------- page 556 --------------------
into this Province be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Kimbrough and Mr Williams.

On motion ordered the Bill to continue an Act passed the 15th day of January 1771, Intitled an Act to alter the method of working upon the roads in the County therein mentioned, the words (passed the 15th day of January 1771) being added to the Title, on Motion be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Neal and Mr B. Harvey.

Sent the reports of the Committee of Claims to the Council by Mr Gray and Mr Alston.

Recd from the Council the Bill to continue an Act passed the 15th day of January 1771, Intitled an Act to Alter the method of working upon the public roads in the County therein mentioned. Endorsed, In the upper House 2nd March 1773. Read the third time and passed. Ordered to be engrossed.

The Bill for directing the method of appointing Jurors in all causes Civil and Criminal.

The Bill to amend an Act passed at New Bern in the year 1771, Intitled an Act for laying out a public road from the frontiers of this Province through the Counties of Mecklenburg, Anson and Cumberland. Endorsed, In the upper House 2d March 1773. Read the third time and passed. Ordered to be engrossed.

Received from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

On reading in this House for the third time the Bill to establish Inferior Courts &ca, We propose the following proviso be inserted at the bottom of the clause ascertaining the proceedings on the return of Non est Inventus, by the Sheriff Vizt

“Provided no such attachment shall issue against the Estate of any person who has never resided in this Province.”

To which amendment if your House agree be pleased to send some of your Members to see the same made. In the upper House 2d March 1773.

The House taking the Message into consideration ordered the following Message be sent to the Council to wit,

-------------------- page 557 --------------------

Gentlemen of His Majestys Honble Council,

The Addition you propose to be made to the clause of the Inferior Court Bill respecting attachments, We conceive to be unnecessary, because by the Act of Assembly for appointing Sheriffs and directing their duty in office &ca No sheriff can return upon a Writ that the defendant is not to be found within his bailiwick unless such Sheriff shall have actually been at the House or place of abode of such defendant, so that Judicial attachments cannot operate to the injury of persons who have never resided in this Province; and as this addition contains nothing but what we conceive to be provided for by the Law above mentioned we cannot agree thereto, especially as it would seem to imply an inclination entirely to relinquish the right of attaching the effects of persons who have never resided here, which under proper regulations might be made equitable to all parties and is essentially necessary to the well being of this Colony. We therefore earnestly wish your Honors may pass the Bill as it went from this House

JOHN HARVEY Sp.

Sent by Mr Lock and Mr Montgomery

Received from the Council the Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this Province. Endorsed, In the upper House 2d March 1773. Read the third time and passed. Ordered to be engrossed.

Mr Harnett Chairman of the Committee of public accounts reported as their opinion that Colo John Ashe as Treasurer of the Southern District in the settlement of his public accounts this session has with great candour submitted his public accounts to their strictest enquiry, and it appears that he has received and paid away (including his commissions) on the sinking fund the sum of £9907.1.4½, and that he had in his hands on account of the contingent fund at last settlement £1322.13.5. That he received of the commissioners for signing the Debentures for the year 1771 £35,000, And from the several collectors of the public Taxes £12540.2.9½, which in the whole amounts to £48862.16.2½. That he has paid and accounted for £486485.11½, And that it appears to your Committee that there remains in his hands on the contingent fund a balance of £214.10.3. Your Committee are of opinion that the said Treasurer has acted with honesty and integrity in his said office for the Southern District of this Province.

-------------------- page 558 --------------------

On motion resolved the House do concur with the above report.

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,

The Writ of Election issued to the County of Currituck directing the Sheriff to summon the Freeholders of the said County to meet and choose one representative in the room of John Woodhouse Esquire deceased having been illegally returned, The House desire your Excellency to direct the Clerk of the Crown to issue a new Writ for electing one representative for the said County duly qualified to sit and vote in this present Assembly.

JOHN HARVEY, Sp.

Sent by Mr Williamson and Mr Jarvis.

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

Gentlemen of His Majesty's Honble Council.

In answer to your Message of the first Instant upon your reading in your House for the third time the Bill concerning an Act for dividing this Province into six several Districts &ca., This House agree to the amendment proposed by you with respect to impowering the Chief Justice and his Associates or either of them to open the Court of Salisbury on any of the first six days of the next succeeding Term. But we can by no means admit the clause which you inserted upon a former reading, and which upon the most mature deliberation has been deled in our House to wit. “And be it further enacted by the authority aforesaid that for the future the Estate of no person whatsoever who hath never resided in this Province shall be liable to an attachment otherwise than according to the Laws of England in like cases, and that every clause and section in the before recited Act contrary thereto shall be thenceforth repealed.”

We are of opinion that it would be highly inconsistent with the Commercial policy of this Province to relinquish the benefit of the attachments of the effects of those who are not resident here, as from the absence of their persons, creditors have no security, but what is derived from their property in this Province, upon the faith of which those debtors have in many instances obtained credit.

-------------------- page 559 --------------------

We conceive that the priviledge we claim is exercised by many if not all of our Sister Colonies varied agreeable to the particular circumstances of each particular place and regulated by Provincial Laws, and in some Instances by the Municipal Customs in certain liberties and Franchises of Great Britain, and as we can discover nothing in our own Constitution that can vindicate a distinction so injurious to this Country we cannot in Justice to ourselves and constituents assent to it.

We notice that the clause proposed by you is not confined to the Inhabitants of Great Britain, but extends its inference to persons resident in other Colonies whose effects are thereby guarded from attachments for any debt they owe us, while ours may at any time be made the subject of Attachments at their suits for any Debts we may have contracted with them.

It is the sense of this House that by the Laws and statutes of Great Britain no provision whatsoever is made for attachments that as far as they are known in Great Britain they exist by Municipal Custom and [are] confined to Liberties and Franchises, Governed by the particular circumstances of place and people, and so essentially Local in the application of them as not to admit of being extended by any analogy to this Province. And as we must be referred (in case of your Amendments taking place) to the Laws and Statutes of Great Britain for our remedy by attachment, such application must from what we have observed be altogether nugatory and fruitless. We doubt not but that the Judges of our Courts of Law zealous for the welfare of this Province would give a Liberal Construction to the clauses proposed, but by the Law in force must their decisions be confined, and fettered with their restrictions we think that no legal interpretation could be formed, but what must operate as a denial of the benefits we seek from the attachment Law. To secure a priviledge so important the mode of obtaining it should be grounded in certainty, the Law positive and express and nothing left for the exercise of doubt or discretion.

We mention as a circumstance that cannot have escaped the notice of your House that this Law is to continue in force only six months and from thence to the end of the next session of Assembly, that in the manner this House have passed it, it is incumbent on the creditor to give his foreign debtors twelve months notice, before he can bind his effects by a judgment, so that it is left altogether to the will of Government to prevent this Law having any effect whatsoever

-------------------- page 560 --------------------
with respect to foreign debtors by putting an end to its operation before twelve months, or which must necessarily be the case, a longer Term expire.

This House bear the fullest Testimony to the necessity of Courts of Law, and the many disadvantages which must arise from a failure of the dire destruction of Justice on the Criminal and civil side, are too obvious to be mentioned; they doubt not but your House equally feel for the Honor and interest of the Province and conscious of the benefits that have been derived to us from the right we have hitherto had of attaching the effects of Foreigners that you will not part with a provision grounded in the principles of mutual reciprocal Justice, the privation of which must necessarily destroy that confidence and credit to foreigners and our neighbour Colonists, upon which the trade and prosperity of the Province essentially depend.

JOHN HARVEY Sp.

Sent by Mr Nash and Col. Martin.

Then the House adjourned till tomorrow morning 10 oClock


Wednesday 3d March 1773.

The House met according to adjournment.

Received from the Council the Bill to regulate and ascertain the fees of the Clerks of the pleas in the Superior and Inferior Courts in this Colony, directing the method of paying the same, and for taxing Law Suits. Endorsed, In the upper House 3rd March 1773. Read the third time and passed with the amendments. Ordered to be engrossed.

The Honble Alexander McCulloch and Samuel Cornell Esquire two of his majesty's Council came to the House and Mr John Campbell one of the members for the County of Bertie was qualified by taking the several oaths by Law appointed for qualification of public officers and repeating and subscribing the Test.

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

Mr Speaker and Gentlemen of the House of Assembly,

I find with great concern by your answer to my Message that from apprehensions of discontent that it may occasion to the Inhabitants of the County in general, you do not think it justifiable to allow Mr Fanning the reparation for his losses that I had taught him to

-------------------- page 561 --------------------
expect from your Justice in consideration of the sacrifice he made to the public tranquility.

The justice you are pleased at the same time to do to my intentions in this case is pleasing to me. And I have the further satisfaction that results from the consciousness of having taken my part in it, from the motives of regard to the public tranquility and honor of this Province, and no other, but when I consider myself the instrument of depriving Mr Fanning of the remedy for his sufferings that the Laws of this Country afforded him by engaging him to relinquish the right of the subject to their redress, and to submit his cause to your arbitrament, I cannot help feeling on your declining to make him reparation those painful sensations that must sting every honest mind, when injury out of all expectation is the offspring of a well intended action, for I see myself the purchaser of a benefit to the public at the price of doing an essential although an undesigned wrong to Mr Fanning.

JO. MARTIN.

New Bern March 3rd 1773.

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

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

Sir,

In answer to your Message of yesterday relative to Mr Fanning, We assure you the great concern you express at our disallowance of that Gentlemans claim for a reparation of his losses gives us real uneasiness, especially when you inform us you taught him to expect it from our justice in consideration of the sacrifice he made to the public tranquillity.

The regard you have shewn for the honor and public peace of this Colony at all times claims our grateful acknowledgements, and any engagement your good intentions might have made for its general security, we should think ourselves bound in duty to honor. But we cannot think it consistent with the justice we owe this Country to give such importance to Mr Fannings private losses, as to make them a subject of public reparation, when after the late Insurrection was quelled the offenders were in general ameanable to Justice, and his continuing his prosecutions at Law could have affected the repose of

-------------------- page 562 --------------------
only a small part of the Province, to which such a liberal procedure in this House, might not only give fresh cause for murmur and discontent, but would have a tendency to injure the public faith of this Country, and make it become the common Asylum of private misfortune.

Sensible of your honest mind we would gladly remove every painful sensation from it, and beg leave further to assure you that it is not from any disrespect to your Excellency or to prevent Mr Fanning from any future redress, We do not allow his claim, but fully convinced at present we cannot be justifiable to the Inhabitants of this Colony to appropriate the public money for private purposes, without first obtaining their consent.

JOHN HARVEY, Sp.

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

Mr Speaker and Gentlemen of the Assembly,

I send herewith for your information a draft of the line of boundary between this Province and that of South Carolina, as run by commissioners of the two Colonies during the last summer pursuant to his Majesty's Royal instruction communicated to your House at the last Session.

You will also receive herewith an account of the expence incurred on this service for defraying which I am to desire you to make provision as hath been usual in like cases. I am at the same time to inform you that the reasons assigned by the late assembly for its refusal to pay such charge were ill received by the King. And I have now authority to assure you His Majesty's Royal determination of the boundary line was made upon the maturest consideration and with the strictest regard to the general interest of the two Carolinas with no predeliction to the interests of South Carolina and not upon the plan proposed by Lord Charles Montague, as was suggested in the late Assembly's Answer to my Message on this subject. And on my report of the discontent of that House at the partition to be made of the Provinces pursuant to the Kings instructions, I am further authorized to say that if you shall consider the measure now taken injurious to this Colony, a proper representation on the subject to his Majesty will be heard and examined with all due attention


New Bern March 3d 1773
JO. MARTIN.
-------------------- page 563 --------------------

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

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

Sir,

It is with inexpressible concern this House receives information by your Excellency's Message of the third of this month, that the reasons assigned by the late House of Assembly for not providing for the expence of the new established boundary line between North and South Carolina were ill received by the King. We however flatter ourselves that when our most Gracious Sovereign shall be pleased to consider that a line now entirely useless to us not long since run between this province and South Carolina under the immediate inspection of His Excellency Governor Tryon exactly agreeable to a former instruction at the expence of thousands to this Colony, and how readily and cheerfully we paid this great expence, it cannot fail to impress on his Royal mind, a belief that his subjects of North Carolina would be happy in complying with every requisition within the reach of their ability. We also hope that when it shall be further considered that the money now expected of us is required at a time when we are labouring under an enormous debt of sixty thousand pounds incurred by subduing a dangerous insurrection against the peace, safety, honor and dignity of his Majesty's government in the Colony, that we shall be deemed excusable for not adding to burthen the expence of establishing a line which deprives this Colony of more than a million of Acres of its most valuable Land and takes from them a number of useful Inhabitants engrafted into the bosom of this constitution from whom a great Arrear of Taxes was due to this province which must be lost entirely as no officer from this Colony can now be impowered to collect it.

Injurious as this line is to this Colony and so highly advantageous to South Carolina we cannot but be of opinion that it is incumbent upon them and upon them only to pay the expence incurred by establishing it, especially as we have no reason to expect that we should be reimbursed by them for the expence attending the former line between the Provinces, were we even to consent to the payment of the latter.

Accept Sir our warmest wishes for the report you have pleased to make of our discontent upon a measure so truly detrimental to

-------------------- page 564 --------------------
the interest of this Colony, and permit us through you to express our gratitude to His Majesty for the assurance given that our representations upon this important subject shall be heard and determined with attention.

JOHN HARVEY, Speaker.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday 4th March 1773.

The House met according to adjournment

Recd from the Council the reports of the Committee of Claims. Endorsed, In the upper House, 3rd March 1773. Concurred with.

JAMES HASELL, P. C.

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 you the reports of the Committee of Claims, Concurred with by his Majesty's Honble Council and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Martin and Mr Lanier.

On motion Resolved that every owner or keeper of a public Ferry in this Province who shall on the arrival of any post rider or a bearer of a Mail from any of the post offices in this Province immediately, and with the utmost dispatch transport the said post rider or mail bearer with his mail across the ferry of which he is owner or keeper in preference to any other person, such owner or keeper of a ferry shall every time he shall transport any post rider or mail bearer across his said ferry be allowed double the sum allowed by Law for the like service in other instances on producing his account sworn to before a Justice of the Peace in the County where he resides to the Treasurer of the District, who is hereby required to pay the same, and such amount with a receipt from the Ferryman shall be deemed a sufficient voucher for the Treasurer in his settlement with the public, and that all ferriages that have become due since the repeal of the post Act shall be paid in like manner as aforesaid.

-------------------- page 565 --------------------

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

Gentlemen of His Majestys Honble Council,

This House send herewith a resolve thereof for allowing the Treasurer in this Province for transporting the post riders or mail bearers across the several ferries &ca and desire your Honors concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr McNair and Mr Brooks.

Mr Campbell presented two certificates from the Inferior Court of Bertie County therein recommending Benjamin Price and Anthony Filgo to be exempted from the payment of public Taxes and doing public duties. Granted.

On motion ordered Mr Macknight, Mr Jarvis, Mr White, Mr Williamson, Mr Alston, and Mr Atherton have leave of absence.

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,

In answer to your Excellency's Message accompanied with his Majesty's royal instructions respecting the post office, We are to express our concern that it is not in our power so late in the Session to pass an Act agreeable to that instruction for the establishment of an Institution of such utility and advantage to this Colony, to give it however all the support we can till the next session of Assembly we herewith send you a resolve of this House relative thereto to which we desire your Excellencys assent.

JOHN HARVEY, Sp.

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

Sir,

In answer to your Excellencys Message of the 24th February last, We observe that by the resolve of a former House of Assembly concurred with by the Governor and Council the Captain Commandant of Fort Johnston was to purchase for the defence of this Province a certain quantity of Ammunition specified by the resolve to enable him to do which the Governor for the time being was empowered to

-------------------- page 566 --------------------
give warrants upon the Treasury for the Money to purchase the same, from which we conceive that matter to be provided for without any further supply from the House.

JOHN HARVEY Sp.

Then the House adjourned till tomorrow morning 10 oClock.


Friday 5th March 1773.

The House met according to adjournment.

Mr Caswell presented the petition of Robert Hamilton a soldier in the late Expedition against the insurgents who by accident received a wound which in all probability will render him a cripple during life, praying relief &ca.

The House taking into consideration the distressed condition of Robert Hamilton a soldier in the late Expedition against the Insurgents who by accident received a wound which in all probability will render him a cripple for life do therefore, Resolve that the said Robert Hamilton be allowed twenty pounds and that the Treasurers or one of them pay him the same out of the contingent fund and be allowed in his account to the public.

Ordered the following Message be sent to the Council,

Gentlemen of His Majesty's Honble Council,

We herewith send you a resolve of this House allowing Robert Hamilton twenty pounds who by accident received a wound in the late Expedition, and desire your Honors concurrence thereto.

JOHN HARVEY Sp.

Sent by Mr Hines and Mr Montgomery.

Received from the Council the resolve of this House for allowing Robert Hamilton twenty pounds. Endorsed, In the upper House 5th March 1773. Concurred with.

JAMES HASELL P. C.

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

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

Sir,

We herewith send your Excellency a resolve of this House for allowing Robert Hamilton, twenty pounds concurred with by his

-------------------- page 567 --------------------
Majesty's Honorable Council and request your Excellencys Assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Caswell and Mr Lanier.

This House taking into consideration the Act of Assembly passed at Wilmington in the year 1754 for granting an aid to his Majesty a duty of four pence per gallon was laid on all wine, rum and other spirits that should be brought into this Province either by land or water and Whereas large quantities of wine, rum and other spirits are brought into this Province by land for which no duty is collected by reason of the smallness of the commission allowed by Law for collecting and receiving the same. Resolved that every collector appointed by His Excellency the Governor to receive the said duty on wine, rum and other spirits brought into this Province by Land shall for the future be allowed a commission of twenty five per cent out of the money he shall so receive, and pay according to the directions of this Act, and that the following Message be sent to the Council, Vizt,

Gentlemen of His Majesty's Honble Council,

We herewith send you a resolve of this House for allowing the collectors of the dutys on rum, wine, and other spirits brought into this Province by Land the commission of 25 per cent &ca, and desire your Honors concurrence thereto.

JOHN HARVEY, Sp.

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

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

Sir,

In answer to your Excellency's Message relative to the petition of the public, This House maturely considering the same are of opinion that the Law now in force is sufficient to prevent any abuse that may happen by negroes or mulatto's not having a branch, from taking charge of any vessel.

JOHN HARVEY, Sp.

Recd from the Council the resolve for allowing the collectors of the dutys of wine, rum, &ca, brought into this Province by Law in the sum of 25 per cent. Endorsed 5th March 1773. Concurred with.

JAS. HASELL, P. C.
-------------------- page 568 --------------------

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 for allowing the collectors of the duties of wine, rum and other spirits brought into this Province by Land the commission of 25 per cent concurred with by His Majesty's Honble Council and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

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

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration and allowance an Account of sundry disbursements I have made to provide indispensible conveniences for my accommodation at the palace, and to compleat some necessary work that I found unfinished on my arrival in this Province.

JO. MARTIN.

New Bern 5th March 1773.

On motion Resolved Nem. Con. That His Excellency the Governor be allowed the sum of one hundred and ninety pounds and two pence for sundry disbursements by him expended for accommodation of the palace, and that the Treasurers or either of them pay the same and be allowed in their accounts with the public, and that the following Message be sent to the Council, to wit.

Gentlemen of His Majestys Honble Council,

We herewith send your Honors a Resolve of this House for allowing His Excellency the Governor the sum of one hundred and ninety pounds and two pence, and desire your Honors concurrence thereto.

JOHN HARVEY, Speaker.

Sent by Mr Smith and Mr Hatch.

Recd from the Council the reports of the Committee of public accounts, Endorsed, Concurred with.

JAMES HASELL, P. C.

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

-------------------- page 569 --------------------

To His Excellency Josiah Martin Esquire Captain General Governor &ca

Sir,

We herewith send your Excellency the reports of the Committee of Accounts Concurred with by his Majesty's Honorable Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Starkey and Mr McNair.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the resolve of your House for supporting the post office in this Province with my assent thereto.

JO. MARTIN.

Also recd the Resolve above mentioned, Endorsed, Assented to.

JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the report of the Committee of Claims concurred with by His Majesty's Honble Council with my assent thereto.


New Bern 5th March 1773.
JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly,

Pursuant to the desire of your House by its message of this date I have directed the Clerk of the Crown to issue a new writ for the election of one representative for the County of Currituck duly qualified to sit and vote in the present Assembly.


New Bern 4th March 1773.
JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly,

It becomes my duty to the public to inform you that complaint has been made to me by the Treasurer of the Northern District of this Province that Mr John Pierce collector of his Majesty's Customs for the port of Currituck hath not accounted for the provincial duties he has received since his appointment to that Office. And as it appears that he hath not entered into Bond to account for the same pursuant to the Law in that case made and provided and that he

-------------------- page 570 --------------------
refuses to comply with such its direction, And as by the 25th Clause of an Act of the General Assembly of this Province, Intitled an Act for granting to His Majesty the sum of £40,000 in paper 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 to be sent to the assistance of his Majesty's Colony of Virginia and for other purposes therein mentioned, The collectors of his Majestys customs for the time being are appointed receivers of the duty upon wine, and other distilled Liquors imported by water into all other places within their ports, except those for which appointments are by the same act particularly made, it is out of my power in the present case or any other of the like nature to remove a delinquent officer to appoint a fit person in his stead, or to take that care of the public interest on this, that I wish to do on every occasion. I would recommend it to you to make such an amendment in that part of the Act to which I refer, as may to your wisdom seem expedient, and that you will likewise fall upon such measures as you shall think necessary to inforce the payment of the duties upon wine and distilled liquors brought into this Province by land which the people in the interior Country have refused to the collectors appointed by me pursuant to the direction of the afore mentioned Act, in an opinion that the Law imposing such duties was not in force.


New Bern 5th March 1773.
JO. MARTIN.

Received from the Council the Resolve allowing His Excellency the Governor one hundred and ninety pounds and two pence for disbursements &ca. Endorsed, Concurred with.

JAMES HASELL P. C.

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 your Excellency one hundred and ninety pounds and two pence, for disbursements by you expended &ca. Concurred with by His Majesty's Council and request your Excellency's assent thereto.

JOHN HARVEY, Sp.
-------------------- page 571 --------------------

Sent by Mr Caswell and Mr Nash.

On motion Resolved that Colo John Harvey Speaker be allowed one hundred pounds proc money for his extraordinary trouble, and as a reward for his particular assiduity and attention to the business of the House this present session of Assembly and that the Treasurers or either of them pay him the same immediately, and be allowed the same in their accounts with the public, and that the following message be sent to the Council.

Gentlemen of His Majesty's Honble Council,

We herewith send you a resolve of this House for allowing Colo John Harvey Speaker one hundred pounds proc money for the extraordinary trouble, and as a reward for his particular assiduity and attention to the business of this present Session of Assembly and desire your Honors Concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr Macknight and Mr Hooper.

The House adjourned till tomorrow morning 10 oClock.


Saturday 6th March 1773.

The House met according to adjournment.

Recd from the Council the resolve of this House in favor of Mr Speaker. Endorsed, In the upper House concurred with.

JAMES HASELL, P. C.

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 Colo John Harvey Speaker one hundred pounds proc. money, for his extraordinary trouble and as a reward for his particular assiduity &ca this present Session, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY Sp.

Sent by Mr Martin and Mr Benbury

-------------------- page 572 --------------------

On motion ordered the following Estimate be inserted in the Journal Vizt

An Estimate of the Balances due from the several Sheriffs and Collectors of Public Taxes, to the Public of North Carolina.

Balances due from the several Sheriffs of the Northern District, (until the year 1771, Inclusive)

£ s. d.
Bertie County—
David Standly
699
6
8
Ditto
Humphrey Nichols
633
15
4
Ditto
James Moore
701
18
4
2035
0
4
Bute County—
Julius Nichols
538
16
1
Ditto
James Ransom
1341
1
8
1879
17
9
Currituck County—
William Williams
797
0
0
Ditto
Solomon Perkins
325
13
6
1122
13
6
Chowan County—
Thomas Bonner
542
12
0
Ditto
Thomas Benbury
414
8
4
957
0
4
Chatham County—
Elisha Cain
478
6
8
Edgecombe County—
Edward Moore
403
6
9
Ditto
Abraham Jones
364
7
3
Ditto
Joseph Moore
568
15
2
1336
9
2
Granville County—
Philip Pryor
454
4
9
Ditto
James Yancey
240
4
1
Ditto
Leon'd H. Bullock
660
1
8
Ditto
Robert Harris
755
7
6
Ditto
Reuben Searcy
228
18
3
2334
16
3
Hertford County—
John Baker
295
11
1
Ditto
Mathias Brickle
228
9
8
Ditto
William Murfry
1381
15
0
1905
15
9
Halifax County—
Montfort Elbeck
1507
5
0
Northampton County—
Joseph Sykes
890
2
8
Ditto
Lewis Williamson
1466
4
2
2356
6
10
-------------------- page 573 --------------------
Orange County—
William Reed
1157
12
6
Ditto
Lawrence Thompson
667
5
3
Ditto
Isaac Dickson
1165
14
0
Ditto
William Nunn
1014
11
0
Ditto
Tyree Harris
887
16
0
Ditto
Thomas Donaldson
1063
2
6
Ditto
John Lyttle
1210
16
8
Ditto
John Lea
662
1
8
7828
19
7
Pasquotank County—
William Relfe
216
7
7
Ditto
Isaac Gregory
1112
10
0
Ditto
Theoph'us Leonard
184
6
5
1513
4
0
Perquimans County—
William Skinner
155
15
2
Tyrrell County—
John Hardison
269
0
7
Ditto
Samuel Smithwick
173
10
0
Ditto
James Johnson
401
8
5
Ditto
John McKildo
465
12
0
Ditto
James Long
223
9
6
Ditto
Joseph Spruil
454
11
4
987
11
10
Total
£27399
2
2

N. B. Reuben Searcy was collector of the Taxes in Granville County for the year 1763. No bond taken and not accounted for. Several Sheriffs for eight Counties, not charged in the above for want of the lists of Taxables for the year 1771.

Ballances due from the several Sheriffs of the Southern District (until the year 1771, inclusive)

£ s. d.
Anson County—
Townsend Robertson
264
2
0
Ditto
Alex Gordon
132
3
0
Ditto
Ant'y Hutchins
142
6
0
Ditto
Morgan Brown
472
4
8
Ditto
Charles Medlock
72
17
1
Ditto
Frans Mosely
622
10
10
1706
3
7
Beaufort County—
Alderson Ellison
308
13
4
-------------------- page 574 --------------------
Bladen County—
Robt Johnston
337
19
10
Ditto
James White
513
12
8
851
12
6
Brunswick County—
Christ Cain
29
11
3
Ditto
William Lord
155
3
7
184
14
10
Craven County—
William Bryan
754
1
4
Ditto
Joss Carruthers
248
7
3
1002
8
7
Carteret County—
Thos Chadwick
235
0
10
Cumberland County—
Duncan McNeil
204
16
0
Ditto
Wm Armstrong
430
5
4
Ditto
Isaiah Purisote
652
12
1
Ditto
James Simpson
146
19
0
Ditto
for 2 yearsno Sheriff
869
7
6
Ditto
Robert Rowan
743
6
1
3047
6
0
Duplin County—
Owen Kenan
430
6
9
Ditto
Felix Kenan
53
10
0
483
16
9
Dobbs County—
Stephen Cade
536
19
0
Ditto
Abraham Sheppard
1888
14
8
Ditto
John Weaver
345
10
9
Ditto
William McKinnie
265
18
4
Ditto
Simon Bright
528
7
8
2865
10
5
Guilford County—
William Moore
821
13
4
Hyde County—
John Webster
251
2
11
Johnston County—
Stephen Cade
970
6
1
Ditto
John McCullers
219
18
2
Ditto
Philip Jones
480
10
1
Ditto
John Rogers
82
13
2
1753
7
6
Mecklenburg county—
Moses Alexander
366
17
11
Ditto
Adam Alexander
709
17
6
1076
15
5
New Hanover county—
Wm Walker
968
16
0
Ditto
John Walker
640
14
3
-------------------- page 575 --------------------
New Hanover County—
Obediah Holt
341
11
4
Ditto
John Lyon
1112
16
4
3063
18
1
Onslow county—
Henry Rhodes
38
15
10
Ditto
Lewis Williams
171
6
8
210
2
6
Pitt county—
George Moy
61
7
9
Ditto
William Moore
333
8
0
Ditto
Robert Salter
498
2
3
892
18
0
Rowan county—
Edward Hughes
475
13
4
Ditto
Benjamin Milner
161
14
3
Ditto
William Nassary
505
5
7
Ditto
Wm Temple Coles
1073
6
8
Ditto
The year 1770—no Shff
1149
3
4
Ditto
David Jones
1205
8
0
4570
11
2
Surry county—
Martin Armstrong
423
6
8
Tryon county—
John Tygart
734
7
0
Wake county—
Michael Rogers
572
10
0
Total
£25055
19
5
Total, Southern District
25055
19
5
52455
1
7
Total, Northern District
27399
2
2

Some payments have been made by Sheriffs to the Treasurers since their accounts were laid before the Committee which cannot be placed to their credit in this accouut.


New Bern March 5th 1773.
-------------------- page 576 --------------------
The Public of North Carolina with John Ashe Esqr, Southern Treasurer.
Dr.
Cr.
SINKING FUND.
To cash paid Griffith Rutherford and others per resolve
£385
9
6
By Duties on spirits
£3009
9
10
To Commisns on receiving £9907.1.8
495
7
0
By Sinking Tax from the Sheriffs
6897
11
10
To Proc. Money paid to the Commis
£6598
19
2
To old Debentures paid to ditto
1381
15
6
To new Debentures paid to ditto
1045
0
6
9025
15
2
£9907
1
8
£9907
1
8
CONTINGENT FUND.
To cash paid away as per vouchers
£46957
2
8
By Balla in hand last settlement
£1322
13
5
To Commissions on £35,000 Debentures @ 3 per ct.
1050
0
0
By Powder and lead fund
48
9
11½
To ditto on receiving £12491.12.9¾ @ 5 per ct.
624
11
8
By new debentures from the Commis
35000
0
0
To ditto for exchanging Notes @ 1 per ct.
5
10
0
By Samuel Cornell Esquire
1000
0
0
By the Tax on Law
301
17
11¾
£48637
4
4
By the several Sheriffs
11189
14
11¼
Balla due to the public
225
11
10½
£48862
16
£48862
16

Copy from the Committees Reports January 1773.

R. COGDELL, Clk. of Committee.
-------------------- page 577 --------------------
The Public of North Carolina with Joseph Montfort Esq., Northern Treasurer.
Dr.
Cr.
SINKING FUND.
To Abraham Evans for lost money
£22
16
8
By the several Sheriffs Sinking Taxes
£2278
12
0
To Proclamation Bills pd the Committee,
£2674
18
9
By duty on rum and spirits
561
11
3
To old Debentures paid ditto
367
5
0
3042
3
9
By New Debentures 1771
386
3
2
To Comms on receiving
£3226
6
5
161
6
0
£3326
6
5
£3226
6
5
CONTINGENT FUND.
To Balla of the 2s. 6d. tax last settlement
£267
11
5
By Balla in hand at last settlement
£2722
8
9
To cash paid away as per vouchers
26622
7
3
By the several Sheriffs paid to this amount
7385
13
0
To Comms on receiving £25000 Debentures @ 3 per ct.
750
0
0
By the tax on Law
303
17
1
To ditto on receiving £7689.10.7 @ 5 per ct.
384
9
6
By the new Debentures recd from the Comms
25000
0
0
To Ballance in hand due to the public
7387
11
2
£35411
19
4
£35411
19
4

Copy from the Committee's Report January Session 1773.

Rd COGDELL, Clk. of Committee.
-------------------- page 578 --------------------

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 for allowing to the collectors of the duties on wine, rum and other spirits brought into this Province by Land a commission of twenty five per cent out of the money they shall receive, with my assent thereto.

JO. MARTIN.

New Bern 6th March, 1773.

Recd at the same time the resolve above mentioned.

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House for allowing to Robert Hamilton a wounded soldier the sum of twenty five pounds with my assent thereto.

JO. MARTIN.

New Bern 6th March 1773.

Received at the same time the resolve above mentioned.

Mr Speaker and Gentlemen of the House of Assembly,

I return with my thanks the Resolve of your House for allowing me the amount of my expenditures, laid before your House yesterday. Assented to.

JO. MARTIN.

New Bern 6th March 1773.

Received at the same time the Resolve above mentioned.

On motion Resolved the following be instructions to the Committee of Correspondence to the agent of this Colony, to wit,

To send him the Assembly's Answer to the Governor's Message relative to the boundary line between North Carolina and South Carolina, containing the reasons on which the expence was refused payment; That in case another Line should be ordered to be run on the hearing of the petition of this province transmitted with this Letter, we are ready to answer the whole expence, to direct the agent to sollicit this matter and to inforce it as far as he can.

To direct that he push the application concerning the liberty of importing Lisbon Salt into the Southern Provinces with the aid of their Agents.

-------------------- page 579 --------------------

That he attend to propose and obtain some beneficial alteration in the present Laws relative to Naval Stores, such as a Liberty of proceeding to other ports in Europe after touching at any port in England, and offer made to the Navy, and also the Liberty of carrying Naval Stores to any of the Islands in the West Indies in time of peace, both regulations to be subject to the controul of the Treasury, on application of War &ca.

To provide a continuance of the Bounty on Timber and Staves and to regulate the same on such grounds as suit the American Timber the dimentions being at present taken from the Timber of Germany, and the Law also near expiring.

That he represent the particular distresses and situation of the affairs of the Province at this time especially as to the want of currency or other medium by which Debts can be paid or executions satisfied, and that it is on these grounds the present valuation Act has passed, that the same being confined entirely to the Inhabitants of this Province and not effecting British Property, It is to be considered as an internal regulation, and that he use his best endeavours that the same be not repealed.

To state to him the proceedings of this present Assembly, and to recommend to his best care the Act with the suspending clause for the establishment of the Courts; to furnish him reasons on which the same passed, and to direct that he do immediately and unremittingly apply for, and obtain His Majesty's pleasure on the said Act, as 'till the same is known here, the Province has the melancholly prospect of continuing without Courts, Laws, Exposed to every dreadful circumstance, which must attend the want of them.

To enter at large into the proceedings on the Bills for continuing the Superior Court Act for six Months and the great and important reasons that induced the assembly not to comply with the requisitions made them concerning original attachments, that they conceive they had fully guarded the property of non residents by the Clauses proposed in the Law sent home; That so important does this matter appear to this Province, that they cannot by any means think of giving it up, and must submit themselves and the unhappiness of their present situation to his Majesty's paternal goodness, nothing doubting but they will meet with relief and choosing rather the misfortune of a temporary deprivation of Laws, than to form any system whereby they may be left without remedy on this great point. To send him for his direction the answer of the Assembly to

-------------------- page 580 --------------------
the Councils Message and to enforce to him the obtaining of the rescinding of the instruction.

That as Earl Granvilles office has been closed for several years past to the great inconvenience and grievance of the inhabitants of his Territory in this Province, he would use his utmost endeavours at the several Boards to induce his Majesty that he would be graciously pleased to purchase the same, that the said Lands may be held of him as other Lands are held of his Majesty in his District in this Colony.

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

Mr Speaker and Gentlemen of the House of Assembly,

I have assented with the greatest pleasure to the Resolve of your House returned herewith for allowing John Harvey the sum of one hundred pounds proc. money in consideration of his particular assiduity and attention to the Public Business during the present Session, as it is a token of the just respect of your House to Mr Speaker, which I am well assured the faithful services of that gentleman will always claim.

JO. MARTIN.

New Bern 6th March, 1773.

Also recd at the same time the resolve above mentioned.

Sent the Estimate of the allowances of this House to the Council by Mr Shepard and Mr Gray.

Resolved, Nem. Con. That each of the Treasurers shall lay before every Session of Assembly on the second day of the Sessions, all the Books required of them by the Resolves of the Session of 1770. And also another book as a ledger into which all the entries in the Journals shall be posted to their proper Account, to wit, To the accounts raised for the Counties, Sheriffs, Collectors, Tax upon Law suits, upon wheel carriages, expense of session of Assembly, of Negroes executed, of Coroners Claims, of Fort Johnston, of Judges, and of every other particular and general charge of Government. Also accounts shall be opened for the sinking fund, and Contingent charges of Government, and these Ledgers shall commence for the year 1772. And whatever money is collected from the Arrears due to the public shall be carried to the proper Accounts in the said Ledgers.

On motion Resolved, Nem. Con. That the right of Attachment of the effects of Foreigners has been long exercised by the inhabitants

-------------------- page 581 --------------------
of this Province in common with other Provinces in America and several Trading Cities, Liberties and Franchises of Great Britain, That it has been found greatly beneficial to the Trade and Commerce of this Country and the security of the property of Individuals, and that this House cannot by any —— public act of theirs relinquish that right without at the same time abandoning the interest of their Constituents, and the peace and happiness of this Colony.

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,

In answer to your Excellency's Message of yesterday relative to the collector of port Currituck &ca, We are of opinion that the Treasurer of the Northern District is impowered by Law to compel John Pierce Collector of said port to account for and pay monies he has already received for duties on wine, rum, and other spirits, but as the said John Pierce refuses to comply with the directions of the Act of Assembly of this Province which appoints him receiver of the said duties, and will not enter into Bond for the faithful discharge of his Office as receiver and still continues to receive the said duties, We request your Excellency to remove him from his office of Collector for the port of Currituck.

The Act of Assembly to which your Excellency refers we think warrants several Amendments, as we apprehend it will expire in a short time, and it being late in the session we cannot pay that attention to it at present which the circumstances of the case may require.

JOHN HARVEY, Sp.

On motion Resolved, Nem Con, In consequence of an instruction communicated to this House by His Excellency the Governor relative to the attachments of the effects of Foreigners, That a Resolve entered this day upon the Journals of this House respecting that subject and also the several Messages which have passed betwixt this House and the Honorable Council thereupon be published in all the Gazettes of this Province, Virginia and South Carolina, and that the Clerk of this House see this Resolve put in execution.

Recd from the Council the Estimate of that House, Endorsed.

-------------------- page 582 --------------------

This House have agreed to the above Estimate, and desire your Concurrence thereto.

JAMES HASELL, P. C.

In the upper House 6th March 1773.

On motion, Resolved that the Clerk of this House see that five hundred copies of the public Accounts laid before the House this Session be printed, that he apply to Mr Davis to perform this service; and that he send with the Journals and Laws a proportion of them to each County.

Received from the Council the Estimate of this House. Endorsed, In the upper House 6th March 1773. Concurred with.

JAMES HASELL, P. C.

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

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

Sir,

We herewith send your Excellency the Estimate of allowances of this House, Concurred with by His Majesty's Honble Council and request your Excellency's assent thereto.

JOHN HARVEY, Speaker.

Sent by Mr Nash and Mr Rutherford.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Estimate of your House, Concurred in by his Majesty's Honble Council with my assent thereto.

JO. MARTIN.

Received at the same time the Estimate of this House. Endorsed. Assented to.

JO. MARTIN.

On motion ordered that Mr Starkey and Mr Ferquher Campbell wait on His Excellency the Governor and acquaint him the House have prepared a number of Bills and desire to know when they shall wait on him to present them, being returned they brought for their answer that His Excellency would receive the House at six oClock.

-------------------- page 583 --------------------

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

The Bill for dividing the Province into six several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and for establishing Inferior Courts of pleas and quarter Sessions in the several Counties in this Province, and regulating the proceedings therein.

The Bill to amend an Act for Appointing Commissioners to build a prison, pillory and stocks, on the Lot whereon the Court House now stands, in Duplin County.

The Bill to exonerate John Tygart and Francis Adams, late Sheriffs of Tryon County, for being chargeable with the collection of Taxes taken into South Carolina.

The Bill to establish a Town on the Land of Isaac Jones, lying on the North West Branch of Cape Fear River in Bladen County.

The Bill for erecting a public gaol, and gaolers House in the Town of Wilmington for the District of Wilmington.

The Bill to dissolve the Vestry of Unity Parish in Guilford County.

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

The additional Bill to an Act Intitled an Act for establishing a school house in the Town of New Bern.

The Bill to prevent the crime of horse stealing

The Bill for granting a Bounty on the exportation of Pot and Pearl Ash.

The Bill for annexing the North part of Rowan to the County of Surry, and the further establishing and erecting the Parish of Dobbs into a separate and distinct Parish.

The Bill to encourage the destroying vermin in the several Counties therein mentioned

The Bill to continue an Act Intitled an Act to direct Sheriffs in levying executions and the disposal of lands, goods and chattels taken thereon.

The Bill to prevent the willful and malicious killing of slaves.

The Bill to prevent burning the woods at unseasonable times of the year in the several counties therein mentioned.

The Bill to regulate the attendance of the minister of Christ Church at the Parish Church in the Town of New Bern, and at the several Chapels in the said Parish.

-------------------- page 584 --------------------

The Bill for establishing the Court house in the Town of Charlotte, in Mecklenburg County, and other purposes.

The Bill directing the punishment of those persons who shall counterfeit the gold and silver coin circulating in this Province, and of those who shall utter the same, or any false or counterfeit Debenture Bills, in similitude of those emitted in the years 1768 and 1771.

The Bill to prevent making hedges across Great Contentnea Creek, Little River of Pee Dee, Rockey River and Uahra River.

The Bill for erecting part of the Counties of Halifax and Tyrrell into one distinct County and Parish, and other purposes

The Bill for regulating the Town of Hertford and other purposes.

The Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing commissioners to see the same run.

The Bill to impower the executors of John McKildo, late Sheriff of Tyrrill to collect the Arrears of Taxes due for the said County in the years therein mentioned.

The additional Bill to an Act for erecting a Court House and prison for the District of Edenton.

The Bill for laying out and establishing a public road from Charlotte Town, in Mecklenburg County, to Bladen County Court House.

The Bill to prevent hunting with a gun in the night by firelight.

The Bill for laying out a public road from Dan River through the Counties of Guilford, Chatham, and Cumberland to Campbelton, and for a public road from the Shallow Ford in Surry County to join the same.

The Bill to alter the method of working upon the public roads in the County of New Hanover.

The Bill for rendering the navigation of Trent River more useful and advantageous.

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

The Bill for the relief of insolvent debtors, with respect to the imprisonment of their persons.

The Bill for impowering the commissioners therein named to build a bridge over Trent River, on the main road leading from New Bern to Wilmington.

-------------------- page 585 --------------------

The Bill to amend an Act Intitled an Act for the regulation of the Town of Salisbury securing the Inhabitants in their possessions, and to encourage the settlement of the said Town.

The Bill to continue the Tax imposed by an Act Intitled, an Act for building a court house in the Town of Salisbury, for the District of Salisbury.

The Bill for building a gaol in Beaufort County.

The Bill for repairing the gaol for the district of Halifax, in the Town of Halifax.

The Bill for preventing persons who by devise or otherwise are invested with a life Estate in any slave or slaves, or other goods and chattles, from doing injury to the person or persons in reversion.

The Bill to amend an Act, Intitled an Act, for settling the Bounds of Lands.

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

The Bill for cutting a Navigable Canal from Mattamuskeet Lake, to the head of Wesokin Creek.

The Bill for establishing a public Seminary of Learning in the Western part of this Province.

The Bill to amend the Staple of Tobacco, and prevent frauds in his Majestys Customs.

The Bill for vesting in certain persons therein named two acres of Land at the Indian Town, in Currituck County, as Trustees for building a Chapel thereon, and inclosing a burying ground.

The Bill to amend an Act for laying out a public road from the Frontiers of this Province to Campbelton.

The Bill for appointing public Treasurers, and directing their duty in Office.

The Bill for directing the method of appointing Jurors in all causes Civil or Criminal.

The Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons into this Province.

The Bill to continue an Act, Intitled an Act to alter the method of working upon the roads in the County therein mentioned.

The Bill to regulate and ascertain the fees of the Clerks of the pleas in the Superior and Inferior Courts in this Colony, directing the method of paying the same, and for taxing Law Suits.

-------------------- page 586 --------------------

The Bill to establish Inferior Courts of pleas and quarter sessions in the several Counties in this Province, and,

The additional Bill to an Act to amend an Act, Intitled an Act for the better regulation of the Town of New Bern.

To which said Bills His Excellency was pleased to give his assent Except—

The Bill to prevent the crime of horse stealing.

The Bill to continue an Act, Intitled an Act to direct Sheriffs in levying executions and the disposal of lands goods and chattels taken thereon.

The Bill to prevent the wilful and malicious killing of slaves.

The Bill to prevent burning the woods at unseasonable times of the year in the several Counties therein mentioned.

The Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County, and other purposes.

The Bill directing the punishment of those persons who shall counterfeit the gold and silver coin, circulating in this Province, and those who shall utter the same or any false or counterfeit Debenture Bills in similitude of those emitted in the years 1768 and 1771.

The Bill for erecting part of the Counties of Halifax and Tyrril into one distinct County and Parish, and other purposes.

The Bill directing the boundary Line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

The Bill for impowering the Commissioners therein named to build a bridge over Trent River, on the road leading from New Bern to Wilmington.

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

The Bill for preventing persons, who by devise or otherwise are invested with a life Estate in any slave or slaves, or other goods and chattels for doing injury to the person or persons in reversion.

The Bill for cutting a Navigable Canal from Mattamuskeet Lake to the head of Wesokin Creek, in Hyde County.

The Bill for establishing a Seminary of Learning in the Western part of this Province.

The Bill to amend the Staple of Tobacco and prevent Frauds in his Majesty's Customs.

-------------------- page 587 --------------------

The Bill for vesting in certain persons therein named two acres of Land at the Indian Town in Currituck County, as Trustees for Building a Chapel thereon, and inclosing a burying ground.

The Bill to prevent malignant and infectious distempers being spread by shipping importing distempered persons in this Province.

The Bill to establish Inferior Courts of pleas and quarter sessions in the several Counties in this Province.

Which he was pleased to reject, and they were rejected accordingly.

Then His Excellency was pleased to prorogue the Assembly to Tuesday the 9th Instant.

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

£ s. d.
Mr John Harvey Speaker
26
10
8
Mr John Ashe
22
6
8
Mr Thomas Person
23
5
2
Mr Henry White
31
15
6
Mr Richard Caswell
19
10
0
Mr Alexander Martin
21
8
10
Mr William Haywood
21
1
0
Mr Joseph Montfort
20
1
6
Mr William Hooper
20
5
8
Mr Thomas Macknight
27
10
0
Mr Samuel Jarvis
30
9
6
Mr Cornelius Harnett
20
4
8
Mr Francis Williamson
24
2
0
Mr Jacob Shepard
19
14
0
Mr Lemuel Hatch
18
15
0
Mr Benjamin Ward
21
8
10
Mr Mathew Lock
23
7
8
Mr William Grave
21
8
10
Mr Christopher Neale
18
15
0
Mr Ezekiel Hunter
20
5
8
Mr Stephen Blackman
17
13
2
Mr Benjamin Harvey
25
10
8
Mr Jeptha Atherton
20
5
8
Mr Joel Lane
16
11
4
-------------------- page 588 --------------------
Mr John Smith
14
13
2
Mr Edward Starkey
20
6
4
Mr Martin Phifer
23
11
8
Mr Isaac Brooks
21
8
10
Mr Allen Jones
19
1
6
Mr John Alston
20
9
0
Mr Thomas Stewart
19
5
2
Mr Thomas Gray
20
6
5
Mr John Dawson
23
11
8
Mr James Coor
18
15
0
Mr Joseph Jones
20
2
10
Mr William McRee
19
13
4
Mr Thomas Robinson Jr
19
13
4
Mr John Kimbrough
21
1
4
Mr John Hooker
18
16
4
Mr William Bryan
12
1
4
Mr William Thomson
19
14
0
Mr James Kenan
18
16
4
Mr Samuel Smith
20
0
8
Mr Roger Ormond
21
7
4
Mr Griffith Rutherford
23
7
8
Mr Anthony Hampton
22
18
10
Mr John Simpson
19
13
4
Mr Aquilla Sugg
9
0
8
Mr William Person
21
8
10
Mr Benjamin Spruil
18
16
4
Mr Jeremiah Frazier
18
16
4
Mr John Gray
17
0
2
Mr Thomas Respass
20
2
8
Mr Robert Lanier
23
9
2
Mr Thomas Hines
20
6
4
Mr Charles Robinson
22
7
2
Mr Robert Lewis
19
18
10
Mr Jonathan Herring
12
15
2
Mr Lemuel Sawyer
12
15
2
Mr Robert Howe
22
5
10
Mr Alexander McAlister
19
3
2
Mr William Davis
19
2
4
Mr Benjamin McCulloch
18
4
0
-------------------- page 589 --------------------
Mr Andrew Knox
20
13
4
Mr James Blount
13
10
8
Mr Benjamin Wynns
15
15
6
Mr Benjamin Wynns Jr
8
7
0
Mr Thomas Oldham
19
10
8
Mr Joseph Hewes
21
0
8
Mr Samuel Johnston
18
15
8
Mr George Evans
14
8
4
Mr Ralph McNair
17
17
10
Mr Francis Nash
17
17
10
Mr James Moore
14
4
8
Mr Ferquard Campbell
15
8
10
Mr Wyriot Ormond
9
17
4
Mr James Picket
11
9
8
Mr William Slade
13
11
4
Mr Nathaniel Williams
16
18
4
Mr Hugh Montgomery
17
10
4
Mr Robert Blackburn
14
16
6
Mr Maurice Moore
12
2
4
Mr Thomas Benbury
16
10
8
Mr Rotheas Latham
18
6
4
Mr John Campbell
14
1
8
Mr David Stanley
8
9
2
Mr James Green, Clerk
26
13
4
Mr Benjamin Fordham, M. Bearer
13
6
8
Mr Francs Lynaugh, D. Keeper
13
6
8
Mr Evan Swann, D. Keeper
13
6
8
James Green, Clerk for three Transcripts of the Journals
30
0
0
James Green for stationery this Session
10
0
0
James Green for extra services
150
0
0
James Glasgow, Assistant Clerk
75
0
0
James Green for copying the Journals for 13 years
180
0
0
Rigdon Brice, for engrossing 7 Bills
7
0
0
John Sitgreaves, for copying 4 Bills
4
0
0
John G. Blount, for drawing Bills and other services
39
0
0
Samuel Budd, for engrossing Bills and other services
14
0
0
James Glasgow, for copying and engrossing
106
0
0
Thomas Sitgreaves, for the use of a room for the Committee of Priviledges and Elections
5
0
0
-------------------- page 590 --------------------
William Euen, for copying a Bill last Session
1
0
0
John Williams, for copying 4 Bills
4
0
0
James Green, for three years room rent, Books of Record and a Book Case
35
7
9
Francis Lynaugh, for firewood for the Assembly
5
0
0
Evan Swan, for attending the Committee of Claims
5
0
0
Benja Fordham, M. Bearer for extra services
35
0
0
Frans Lynaugh, D. keeper for ditto
35
0
0
Evan Swan, D. keeper for ditto
35
0
0
The Trustees, for the use of the school in New Bern
60
0
0

Report on the Committee of Claims:

£ s. d.
Catherine Henry
80
0
0
Joseph Hines
8
2
8
John Tygart
3
6
8
Dr. Thomas Hall
5
0
0
Robert Lusk
2
0
0
Joseph Spruil
6
0
0
Andrew McIntire
6
2
0
Dr. James Gaskie
5
0
0
John Pope
4
15
0
Sans Stanley
2
0
0
Rigdon Brice
17
4
4
Thomas McGuire
85
6
8
Arthur Benning
22
7
8
Alderson Ellison
5
0
0
James White
8
5
0
Thomas Sitgreaves
7
9
3
Memucan Hunt
4
16
0
Peter Little
113
15
0
John Northcot
2
2
8
William Mersault
4
0
0
James Gatlin
3
9
0
Francis Daniel
80
0
0
Adam Alexander
2
0
0
Edward Vail Jr
5
0
0
William Picket
2
0
0
George Barrow
1
0
0
Wyriot Ormond
2
1
0
-------------------- page 591 --------------------
Capt. Benjamin Crane
3
0
0
James Green Junr
0
16
0
Jno Council Bryan
19
3
4
Thomas Johnston
5
9
4
Ralph McNair
80
0
0
Griffith Rutherford
7
10
0
William Brown
10
6
8
William Skinner
30
4
6
Rotheas Latham
70
0
0
Thomas Jordan
9
14
0
Felix Kenan
6
0
0
John Orr
14
0
0
William Bryan
11
11
––
Michael Rogers
4
0
0
John Lyons
44
14
0
Dempsey Sawyer
18
10
0
Thomas Johnston
5
0
0
His Excellency the Governor
80
19
6
James Biggleston
42
10
8
Samuel Strudwick, Esq
253
8
11
Robert Salter
20
0
0
John Cooke
2
2
0
William Branch
10
0
0
Richard Quince
2
2
8
John Cains
4
3
2
James Glasgow
40
0
0
Thomas Benbury
2
0
0
Thomas Sitgreaves
12
0
0
Jas Glasgow, Clk of the Comt
25
0
0