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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
December 04, 1773 - December 21, 1773
Volume 09, Pages 733-788


North Carolina,

At an Assembly begun and held at New Bern the Fourth day of December in the fourteenth year of the Reign of our Sovereign Lord George the third by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith &ca, and in the year of our Lord, One Thousand Seven hundred and seventy 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—James Picket, William Robeson.

Bladen—John Burgwin, Thomas Robeson.

Brunswick—Robert Howe, John Rowan.

Town of Brunswick—Mau. Moore.

Beaufort—Roger Ormond, Thomas Respess.

Bute—Benja Ward, Memucan Hunt.

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Bertie—John Campbell, John Johnston, David Stanley.

Town of Bath—Wyriot Ormond.

Craven—James Coor, Lemuel Hatch.

Carteret—Jacob Shepard, William Thomson.

Chowan—Samuel Johnston, Edward Vail, Thos Benbury, Thomas Oldham, Thomas Jones.

Currituck—Samuel Jarvis, Thomas Macknight, Solomon Perkins, Henry White, Francis Williamson.

Cumberland—Ferquhard Campbell, Alexander McAlister.

Town of Campbelton—Robert Rowan.

Chatham—

Dobbs—Richard Caswell, Simon Bright.

Duplin—Thomas Gray, James Kenan.

Edgecombe—William Haywood, Elisha Battle.

Town of Edenton—Joseph Hewes.

Granville—Thomas Person, Memucan Hunt.

Guilford—Alexander Martin, William Field.

Halifax—Benjamin McCulloch, John Alston.

Hertford—————

Hyde—Rotheas Latham, Seth Hovey.

Town of Hillsborough—Francis Nash.

Town of Halifax—Joseph Montfort.

Johnston—John Smith, Needham Bryan,

Mecklenburg—Thomas Polk, John Davison.

Town of New Bern—Isaac Edwards.

New Hanover—John Ashe, William Hooper.

Northampton—Allen Jones, Jeptha Atherton

Orange—Ralph McNair, Thomas Hart.

Onslow—William Cray, John Spicer.

Perquimons—John Harvey, Benjamin Harvey, Andrew Knox, Nathl. Williams, Thomas Harvey.

Pasquotank—Jonathan Hearring, Joseph Jones, Edward Everigin, Joseph Reding, Robert Jordan.

Pitt—John Simpson, Edward Salter.

Rowan—Griffith Rutherford, Matthew Lock.

Town of Salisbury—Hugh Montgomery.

Surry—Robert Lanier, Charles McAnally.

Tyrril—William Slade, Benjamin Spruill, Jeremiah Frazier, Edward Southwick, Thomas Hunter.

Tryon—William Moore, Christian Reinhart.

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Town of Wilmington—Corns Harnett.

Wake—Michael Rogers, Tignal Jones.

Pursuant to which the following Members appeared Vizt,

Messrs. John Harvey, Thomas Harvey, John Simpson, Edward Smithwick, Michael Rogers, Tignal Jones, Richard Caswell, Simon Bright, Francis Nash, Benja McCulloh, John Alston, Memucan Hunt, Thomas Hart, Rotheas Latham, William Person, Thomas Respass, Alexander Martin, William Field, Mau. Moore, John Ashe, William Thomson, William Hooper, Cornelius Harnett, Lemuel Hatch, James Coor, Samuel Jarvis, Francis Williamson, Solomon Perkins, Isaac Edwards, John Campbell, John Johnston, Samuel Johnston, Thomas Oldham, Thomas Jones, Allen Jones, William Cray, John Spicer, Joseph Hewes, William Moore, Christian Reinhart, Robert Howe, John Rowan, Jonathan Hearring, Edward Everigin, Robert Jordan and Joseph Reding.

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

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

Mr Nash and Mr Martin 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 receive them at the palace at 2 oClock in the afternoon.

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 Jno Campbell proposed and set up Colo John Harvey who was unanimously chosen Speaker and placed in the Chair accordingly.

On motion ordered Mr Caswell and Mr Allen Jones wait on his Excellency the Governor and acquaint him that the House have made choice of a Speaker and desire to know when they shall wait

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on his Excellency to present him, who being returned brought for answer that his Excellency would receive the House immediately in the palace.

The House waited on his Excellency the Governor in the palace and presented their Speaker, whom he 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 speech to his Majesty's Council and this House, a Copy of which to prevent mistakes, he has obtained, and laid the same before the House.

Then on motion ordered the said speech be read. Read the same and is as follows, to wit,

[For the Governor's speech see Journals of upper House, p 707.—Editor.]

On motion ordered His Excellency the Governors Speech be taken into consideration on Monday next.

Then the House adjourned 'till Monday Morning 10 oClock.


Monday 6th December 1773.

The House met according to adjournment.

Mr James Picket and Mr Charles Robinson the members for Anson County, Mr Robert Lanier one of the members for Surry County, Mr Edward Vail and Mr Thomas Benbury two of the members for Chowan County, and Mr Andrew Knox one of the members of Perquimans County, Mr Seth Hovey one of the members of Hyde County, Mr Thomas Gray one of the members of Duplin County, Mr Jeptha Atherton one of the members of Northampton County, and Mr Edward Salter one of the members for Pitt County appeared.

The Honble William Dry and Samuel Cornell Esquires two of his Majesty's Council came to the House and Mr Edward Vail, Mr Benbury, Mr Knox, Mr Salter, Mr Picket, Mr Robinson, Mr Hovey, Mr Gray, Mr Lanier, Mr Atherton, were qualified by taking the several Oaths by Law appointed for qualification of public officers and repeating and subscribing the test.

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Mr Speaker acquainted the House he had received sundry Letters and resolutions from the different Provinces of Massachusetts Bay, Virginia, Rhode Island, Connecticut and the Countries on Delaware, which he laid before the House.

On motion the said Letters and Resolves be read. The same were read and ordered that Mr Johnston, Mr Howe and Mr Harnett be a Committee to draw up an answer to the said Letters, and report the same to this House for approbation.

The order of the day being read, Resolved, the House resolve itself into a Committee of the whole House to take under Consideration His Excellency the Governor's Speech.

The House resolved itself into a Committee of the whole House accordingly, and chose Mr John Campbell Chairman, and after some time spent therein came to several resolutions. Then on motion Mr Speaker resumed the Chair and Mr Chairman was directed to report that the Committee had come to several resolutions, but not having time to reduce them to form, desired leave to sit again tomorrow.

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

Then the House adjourned 'till tomorrow morning 10 oClock.


Tuesday 7th December 1773.

The House met according to adjournment.

The order of the day being read,

Resolved the House resolve itself into a Committee of the whole House to take under further consideration His Excellency the Governors Speech.

The House resolved itself into a Committee of the whole House accordingly Mr John Campbell in the Chair, and after some time spent therein came to several Resolutions. Then Mr Speaker resumed the Chair, and Mr Chairman reported that the Committee had taken under consideration His Excellency the Governors Speech and came to several Resolutions therein, to wit,

Resolved, That it is the opinion of this Committee that the thanks of the House be returned to the Governor for his Speech &ca.

That the House express its sense of the unhappy state of the Province in having been so long denied that Security to the persons and properties of its Inhabitants which arises from a Constitutional establishment of Courts.

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That the House will with all the Dispatch Consistent with the Deliberation and attention due to so important a subject, proceed to frame Laws for establishment of Courts, in such manner as may be judged best adapted to the situation and circumstances of their constituents.

That the mode of issuing attachments recommended by the Governor is not an adequate remedy to the mischiefs intended to be obviated by that process, and therefore such as they cannot adopt.

That the power of issuing Commissions of Oyer and Terminer and General Gaol delivery delegated by his Majesty to the Governor, cannot be legally carried into execution without the aid of the Legislature of this Province; and the House cannot consistent with the Justice due to their Constituents make provision for defraying the expence attending a measure which they do not approve.

That the other parts of His Excellency the Governors Speech be answered generally.

On motion ordered that the foregoing resolutions be instructions to the Committee to be appointed to draw up an Address in Answer to His Excellency the Governors Speech.

Then on motion ordered that Mr Samuel Johnston, Mr Hooper, Mr Edwards, Mr Howe, Mr Mau. Moore, Mr Hewes and Mr Harnett be a Committee of the House to prepare an address in answer to the said Speech and report the same for approbation.

Mr Needham Bryan one of the Members for Johnston County, and Mr William Murfree one of the Members for Hertford County appeared.

Then the House adjourned 'till tomorrow morning 10 oClock.


Wednesday 8th December 1773.

The House met according to adjournment.

The House being informed Mr Wyriot Ormond, the member for Bath Town, Mr Jacob Shepard one of the members for Carteret County and Mr Stephen Poe one of the members for Chatham County are dead,

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

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

Sir,

This House being informed that Mr Wyriot Ormond, the member elected for the Town of Bath, Mr Jacob Shepard one of the members elected for Carteret County and Mr Stephen Poe, one of the members elected for the County of Chatham 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 Town and Counties to sit and vote in this present Assembly.

JOHN HARVEY, Sp.

Sent by Mr Respess and Mr Benbury.

On motion ordered that Mr Hewes, Mr Allen Jones, Mr Ashe, Mr Harnett, Mr Thomas Jones, Mr Edwards, Mr Knox, Mr Martin, Mr Vail, Mr Williamson and Mr Atherton be a Committee of privileges and Elections and that they have power to send for persons, papers and records as the case may require

On motion ordered that Mr Harnett, Mr Knox, Mr Cray, Mr Hughes, Mr Saml Johnston, Mr Hunt, Mr Lanier, Mr Jarvis, Mr Edwards, Mr Howe, Mr Jno Campbell, Mr Hooper and Mr Hatch be a Committee of Public Accounts and that Mr Martin, Mr Gray, Mr Ashe, Mr Vail, Mr Oldham, Mr John Johnston, Mr Rowan, Mr Allen Jones, Mr Perkins, Mr Hart, Mr Thomas Jones, Mr Field and Mr Simpson be a Committee of Public Claims in conjunction with such of the members of His Majestys Honble Council as they shall think fit, and that the following message be sent to the Council, to wit,

Gentlemen of His Majesty's Honble Council.

The House have appointed Mr Harnett, Mr Knox, Mr Cray, Mr Hewes, Mr S. Johnston, Mr Hunt, Mr Lanier, Mr Jarvis, Mr Edwards, Mr Howe, Mr John Campbell, Mr Hooper and Mr Hatch, on the Public Accounts, and Mr Martin, Mr Gray, Mr Ashe, Mr Vail, Mr Oldham, Mr Jno Johnston, Mr Rowan, Mr Allen Jones, Mr Perkins, Mr Hart, Mr Thomas Jones, Mr Field and Mr Simpson a Committee of the House to settle and allow public claims in conjunction with such of your Honors as you shall think fit to appoint.

JOHN HARVEY, Sp.

Sent by Mr Oldham and Mr Jno Johnston.

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On motion ordered that Mr Picket, Mr Rowan, Mr Respess, Mr W. Person, Mr John Campbell, Mr Hatch, Mr Thomson, Mr Thos Jones, Mr Jarvis, Mr Caswell, Mr Gray, Mr Hewes, Mr Hunt, Mr Martin, Mr McCulloch, Mr Murfree, Mr Latham, Mr Needham Bryan, Mr Edwards, Mr Ashe, Mr Allen Jones, Mr Hart, Mr Spicer, Mr Thomas Harvey, Mr Hearring, Mr Salter, Mr Lanier, Mr Frazier, Mr William Moore, Mr Harnett and Mr Tignal Jones be a Committee of propositions and Grievances.

On motion ordered that Mr Caswell, Mr Martin, Mr Edwards, Mr Gray, Mr Thomas Jones, Mr Hooper, Mr Harnett, Mr John Johnston, and Mr Howe be a Committee to enquire what Laws are expired or near expiring and report the same to the House with their opinion of such Laws as are necessary to be revived, amended or continued.

Mr Howe from the Committee appointed to answer the several Letters and Resolutions laid before the House by Mr Speaker in the course of this Session, reported they had prepared the said answers, and laid the same before the House. Ordered the same be read. Read the same, and it is as follows, to wit,

Upon the Speaker communicating to the House a Letter from the truly patriotic House of Burgesses of his Majesty's ancient Dominion of Virginia inclosing a copy of certain resolves entered into by them upon the 12th day of March last; and requesting that this House would appoint a Committee to Communicate from time to time, with a corresponding Committee by them then appointed; and also Letters from several of our Sister Colonies expressing their high appreciation of, and concurrence with so salutary a measure this House Resolve,

That the vigilence which the Honble House of Burgesses of Virginia have displayed in attending to every encroachment upon the rights and Liberties of America, and the wisdom and vigor with which they have always opposed such encroachments are worthy the imitation, and merit the gratitude of all their Sister Colonies, and in no instance more particularly than in the measure proposed for appointing Corresponding Committees in every Colony, by which such Harmony and communication will be established among them, that they will at all times be ready to exert their united efforts, and most strenuous endeavours to preserve their just rights and Liberties of the American Colonies, which appear of late to be so systematically invaded that we heartily concur with their Spirited Resolves.

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Resolved that a Standing Committee of Correspondence and Enquiry be appointed, to consist of nine persons to wit, Mr Speaker, Mr Robert Howe, Mr Cornelius Harnett, Mr William Hooper, Mr Richard Caswell, Mr Edward Vail, Mr John Ashe, Mr Joseph Hewes, and Mr Saml Johnston, and five of them to be a Committee whose business it shall be to obtain the most early and authentic intelligence of all such Acts and resolutions of the British Parliament, or proceedings of Administration as may relate to or effect the British Colonies in America and to keep up and maintain a correspondence and communication with our Sister Colonies respecting these important considerations and the result of such, their proceedings from time to time, to lay before this House.

Resolved that it be an instruction to the said Committee that they do without delay inform themselves particularly of the principles and Authority on which was Constituted a Court of Enquiry said to have been lately held in Rhode Island with powers to transmit persons accused of offences committed in America to places beyond the seas to be tried.

Resolved that the Speaker of this House write Respectful Answers to the Letters above mentioned and also a circular Letter of thanks to the Speaker of the several Houses of Assembly who have so spiritedly adopted the patriotic resolutions and measures of the truly respectable House of Burgesses of Virginia, and for their obliging communication thereof to this House, inclosing a copy of our proceedings and requesting them to lay the same before their respective Assemblies.

Mr John Smith one of the Members of Johnston County, Mr Jeremiah Frazier and Mr Benjamin Spruil two of the Members for Tyrril County, Mr William Haywood and Mr Elisha Battle the Members for Edgecombe County, and Mr David Stanly one of the Members for Bertie County appeared.

The Honble John Rutherford and John Sampson Esquire two of his Majesty's Council came to the House and Mr Smith, Mr Frazier, Mr Spruil, Mr Haywood, Mr Battle and Mr Stanly were qualified by taking the several Oaths for the qualification of public officers and repeating and subscribing the Test.

Mr John Campbell presented a certificate from the Inferior Court of Bertie County therein recommending Jonathan Miller to be exempted from the payment of public Taxes.

Ordered he be exempt accordingly.

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Mr Knox presented a certificate from the Inferior Court of Perquimans County recommending Joseph Salisbury to be exempted from the payment of Public Taxes and doing public duties.

Ordered he be exempted from doing public duties only.

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

Mr Speaker and Gentlemen of the House of Assembly,

Pursuant to your desire I have directed the Clerk of the Crown to issue Writs for electing a Member for the Town of Bath, a Member for each of the Counties of Carteret and Chatham in the room of deceased Members.

JO. MARTIN.

New Bern 8th December 1773.

Then the House adjourned 'till tomorrow Morning 10 oClock.


Thursday 9th December 1773.

The House met according to adjournment.

On motion ordered that Mr Samuel Johnston, Mr Gray, Mr McCulloch, Mr Nash, and Mr William Person be added to the Committee of Privileges and Elections.

Mr Samuel Johnston from the Committee appointed to prepare an address in Answer to his Excellency the Governor's Speech informed the House they had prepared the same, which was read. Then on motion ordered the same stand as the address of this House, and is as follows, to wit,

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

Sir,

We his Majesty's most dutiful and loyal Subjects, the Assembly of North Carolina return your Excellency our sincere thanks for your speech at the opening of this Session.

We most heartily sympathize with your Excellency in the grief you express for the present disordered state of this Province. The interruption of the Judicial and Executive powers of Government is one of the greatest calamities to which any political society can be liable; This misfortune this Colony has for some time past experienced in the highest degree, and it is a circumstance which adds

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pungency to our distress, that at this day we have so little expectation of relief from the interposition of Government. Loyal in our practice and principles and zealously attached to the powers which constitutionally preside over us, we have been ready upon all occasions to testify our obedience to every salutary measure which his Majesty through his Governor has been pleased to recommend to us. Ruled by the same sovereign and equally entitled to the blessings of the British Constitution with the rest of his Subjects, we claim a security for our properties essential to our Commercial Interest, and uniformly enjoyed by the more favoured Inhabitants of our Sister Colonies.

The idea of foreign attachments is inseparable from a Trading people, and under the former happy Constitution of our Courts, it gave a credit to the Province and secured the confidence of our neighbours; the alterations which your Excellency has thought fit to communicate with the utmost candor to us, we humbly conceive to be by no means an adequate remedy for the mischiefs which it is the purpose of that process to obviate, and such as we cannot in duty to ourselves and our constituents adopt. These our sentiments thus freely expressed have been called forth from an earnest desire to co-operate with your Excellencys wishes, to expedite the business of this session, and to prevent those delays which may arise from reserve. Calamitous as the circumstances of a people may be, from the interruption both of criminal and civil Jurisdiction, yet the misery of such a situation vanishes in competition with a mode of redress exercised by courts unconstitutionally framed; it is the blessed distinction of the British Code of Laws that our civil and criminal Jurisdiction have their foundation in the Laws of the Land, and are regulated by principles as fixt as the Constitution.

We humbly conceive that the power of issuing Commissions of Oyer and Terminer and General Gaol Delivery, delegated by his Majesty to your Excellency cannot be legally carried into execution without the aid of the Legislature of this Province, and that we cannot consistent with the Justice due to our Constituents make provision for defraying the expence attending a measure which we do not approve. With respect to the other matters contained in your Excellency's speech, we shall give them that attention which from their importance they justly claim.

JOHN HARVEY, Sp.
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On motion ordered that Mr Samuel Johnston, Mr Hooper, Mr Edwards, Mr Thos Gray, Mr Caswell, Mr Maurice Moore, and Mr Martin be a Committee to prepare and bring in the following Bills, to wit,

A Bill for dividing the Province into six several districts and for establishing a Superior Court of Justice in each of the said Districts

A Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties of this Province and regulating the proceedings therein.

A Bill to provide adequate salaries for the Chief Justice and the Associate Judges for the time being.

Mr Martin 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 excepted.

Ordered he have leave accordingly

Mr Hewes moved for leave to prepare and bring in a Bill to prevent the counterfeiting the paper money of this and the neighbouring Colonies.

Ordered he have leave accordingly

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

Ordered he have leave accordingly.

The House having taken into consideration the law passed in the year 1754 Intitled an Act for granting to His Majesty the sum of £40,000, in Public Bills of Credit at a rate of proclamation money to be applied towards defraying the expence of raising and subsisting the forces for his Majesty's Service in this Province to be sent to the assistance of his Majesty's Colony of Virginia and for other purposes therein mentioned for continuing a poll tax of one shilling proc. money imposed by an Act passed in the year 1748, Intitled an Act for granting unto his Majesty the sum of £21,350 proc. money, and for stamping and emitting the said sum of £21,350 public Bills of Credit of this Province at the rate of proclamation money to be applied towards building fortifications in this Province, payments of public debts, Exchanging the present Bills of Credit, and for making proper provision for defraying the contingent charges of Government and for repealing the several Laws hereinafter mentioned. And also for laying a duty of 4d per gallon on all spiritous Liquors imported into this province, are of opinion that the said Laws have had their effect. This House do therefore Resolve Nem Con, that the said Tax

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of one shilling per poll and duty of 4d per gallon on Spiritous Liquors ought henceforth to cease.

On motion ordered that Mr Howe, Mr Hewes, Mr Edwards, Mr Harnett, and Mr Rowan, do prepare and bring in a Bill to discontinue the poll Tax of one Shilling and duty of 4d per gallon on Rum, Wine and other spiritous Liquors.

Received from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

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

In the upper House 9th December 1773.

Mr Ferquard Campbell, one of the members for Cumberland County and Mr Robert Rowan the member for the Borough of Campbelton appeared.

The Honble William Dry and Samuel Cornell Esquires two of the Council came to the House and Mr Ferquard Campbell and Mr. Robert Rowan were qualified by taking the several oaths by Law appointed for the qualification of public officers and repeating and subscribing the Test

Mr Martin presented the petition of Thomas Stewart of Tyrrell County, complaining of an undue election of Representatives for the said County, praying relief

Mr Caswell presented the petition of Major Croom of Dobbs County, complaining of an undue election of Mr Simon Bright, one of the Representatives of the said County, praying relief.

Ordered the said petitions be referred to the Committee of Privileges and Elections.

Then the House adjourned till tomorrow morning 10 oClock


Friday 10th December 1773.

The House met according to adjournment

Mr Knox moved for leave to prepare and bring in a Bill directing the boundary line between the Counties of Perquimans and Chowan and appointing Commissioners to see the same run.

Ordered he have leave accordingly.

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On motion ordered that Mr Knox and Mr McCulloch wait on his Excellency the Governor and acquaint him the House have prepared an address in answer to His Excellency's Speech and desire to know when they shall wait on him to present the same; being returned brought for answer that his Excellency would receive the House at 1 oClock tomorrow.

The Chairman of the Committee of Privileges and Elections reported to the House as follows, Vizt

Your Committee having taken into consideration the right and privilege of the Town of Tarborough to elect a Member to sit and vote in the General Assembly of this Colony as referred to your Committee do report the following facts. That it appears to your Committee that by certain Letters of Incorporation dated at Hillsborough the 24th day of August 1772, and signed by his Excellency the Governor certain privileges were granted to the said Town of Tarborough, among which is, that the Inhabitants thereof shall elect a Member to represent them in the Assembly of this Colony; That in consequence of the same a Writ was directed to the Sheriff of Edgecombe County, impowering him to hold an Election for the said Town, who by virtue of the said Writ, returned Mr Henry Ervin the elected representative to sit and vote in the present Assembly.

That it also appears to your Committee that by an Act of Assembly passed in the year 1715, Intitled an Act for appointing a Town in the County of Bath &ca it is provided that the election for members of Assembly to serve for the Town of Bath, or any other Town whatsoever shall not begin or commence until such Town shall have at least sixty Families.

That it further appears to your Committee that the said Town of Tarborough had not at the time of obtaining the said Letters of Incorporation at the time of election or at any time since sixty families resident therein agreeable to the directions of the Act above recited.

And lastly that it appears to your Committee that no person from the said Town hath ever had a seat as a member in any Assembly heretofore held in this Colony. Resolved by this Committee that the facts as above stated be referred to the House for their further consideration.

CORNs HARNETT, Chair.
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The House taking the same into consideration do Resolve that the said Town of Tarborough is not Intitled by Law to be represented in this Assembly and therefore the House cannot admit the said Henry Ervin to take seat in the same.

The Chairman of the Committee of Privileges and Elections further report to the House as follows, to wit,

Your Committee having taken into consideration the petition of Mr Thomas Stewart setting forth an undue election of members to represent the County of Tyril by the Sheriff on the Writ of Election, do report,

That it appears to your Committee from the poll taken in the said Election that two persons gave each of their votes at two sundry times but for different persons, and also that a person voted who was not a freeholder, which votes gave Mr Slade a majority.

And lastly it appears to your Committee upon casting up the votes exclusive of the above mentioned that Mr Thomas Stewart hath a Majority in his favour. Resolved that the above facts be referred to the House for their further consideration.

CORNs HARNETT, Chair.

The House having taken the said report under consideration, Concurred therewith, and the House do Resolve that Mr Thos Stewart, be the sitting member in the room of the said William Slade, and that the Sheriff of the County of Tyrril be directed to amend the return on the Writ of Election, Conformable thereto.

Mr John Burgwin one of the Members for Bladen County appeared.

The Honble Alexander McCulloch and Samuel Cornell Esquires, two of his Majesty's Council came to the House and Mr Thomas Stewart, one of the Members for Tyrril County, Mr Ralph McNair, one of the Members for Orange County, Mr Thomas Robeson junr, one of the Members for Bladen County were qualified by taking the several oaths by Law appointed for the qualification of Public officers and repeating and subscribing the Test.

Mr Martin informed the House of an undue Election in the County of Wake, where the deputy Sheriff held the election, and returned the high sheriff his principal to sit in the present Assembly, as appears by the return of the Writ of the said Election.

Ordered the same be referred to the Committee of Privileges and Elections and that they report their opinion to the House.

Then the House adjourned 'till tomorrow morning 10 oClock.

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Saturday 11th December 1773.

The House met according to adjournment.

Mr Caswell presented the petition of Thomas Wade of Anson County complaining of an undue Election in the said County of Anson, praying relief.

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

The Honble Alexander McCulloch and Samuel Cornell Esquires two of his Majesty's Council came to the House and Mr John Burgwin one of the members for Bladen County was qualified by taking the several Oaths by Law appointed for qualification of public officers and repeating and subscribing the test.

Mr Edwards from the Committee to prepare and bring in a Bill for dividing this province into six several Districts, and for establishing a Superior Court of Justice in each of the said Districts, 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 Knox and Mr Benbury.

Mr Edwards from the Committee to prepare and bring in a Bill for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, and for 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 Thomson and Mr Bryan.

Mr Edwards from the Committee to prepare and bring in a Bill to discontinue the poll Tax of one shilling and duty of 4d [???] gallon on rum, wine and other spiritous Liquors, 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 Lanier and Mr Wm Person.

Mr Howe according to order presented the Bill for establishing Triennial Assemblies 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 Rowan and Mr Jno. Jackson.

Recd from the Council the following Bills, towit,

The Bill for dividing this Province into six several Districts and

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for establishing a Superior Court of Justice in each of the said Districts.

The Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province and for regulating the proceedings therein. Endorsed, In the upper House 11th December 1773. Read the first time and passed.

Mr Speaker with the House waited on his Excellency the Governor in the palace and presented him with the address of this House, and being returned Mr Speaker reported that he with the House had waited on his Excellency and presented him with the said address, to which his Excellency was pleased to return an Answer, a Copy of which to prevent mistakes, he had obtained and laid the same before the House.

Ordered the same be read. The same was read, and ordered to be entered in the Journals, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

It is impossible for me to express the concern I feel on receiving from a Branch of the Legislature of this Province professing to be dutiful and loyal subjects, an address, that, I wish not to think indecently arraigns the Justice of our most Gracious Sovereign, and his Government, who holds forth to you with the most princely beneficence all the blessings of the British Constitution; and indulges your wishes, with regard to the mode of proceeding against Debtors (the object you seem to have so much at heart), as far as may be done, without violence to that sacred venerated Fabric.

The inconsistency of the proceeding by attachment, that formerly obtained here with the Laws of England; its tendency to destroy Commercial Credit, and confidence, and its obvious repugnancy to the particular statutes, which are framed for their preservation, upon the most liberal principles of equity and universal Justice, may be presumed, to have been the grounds of the restriction now proposed to Government, a restriction that I will take upon me to affirm, was never designed injuriously to distinguish this province from its neighbours, but founded upon the essential policy of assimilating the Constitution of the Colonies, as much as possible to that of the Mother Country, and supported by the well known and general received maxim that the convenience of particular members should yield to the general interests of the State.

-------------------- page 750 --------------------

I have seen with real concern intemperate resolves entered upon the Journals of your House, one of which, I grieve to think, has an apparent tendency to sap the very Foundations of the Constitution by cancelling that assurance of protection which is the first great Bond of the subjects allegiance. If the doctrine you have first broached, could possibly be received, that the aid of the Legislature of this Province, is necessary, to any legal administration of Justice, it follows of consequence, that a branch of it declining to adopt any system for that purpose, can unhinge the State, and dissolve all those solemn ties, that according to the British happy and wisely poised, form of Government reciprocally bind the Sovereign and his people, in Mutual Interest. I leave to your contemplation, the reasonableness of such a principle, and the woes of such a Constitution.

Of the legallity of the measures, I have pursued for the public good that have been immemorially authorized, and never before impeached, I rest perfectly satisfied, and I rejoice in their salutary effects. Their expediency I am willing to submit to your candor, when you shall reflect that at the forced, and precipitated conclusion of the late session, this Country, was left destitute by the Legislature, of any establishment for the dispensation of Justice to the people, naked, defenceless, and exposed to every injury! happily for the Province thus consigned to rapine and disorder, there resided in the prerogative power to shield the subject from the hand of violence, its protection was sought solicited and implored and many parts of this Colony, can bear testimony of its wholesome influence.

This power Gentlemen, that has saved your Country from the last state of confusion, with which it was threatened, and that you have so hastily condemned, it will be my duty to exercise, as well as every other Constitutional Authority, entrusted to me by his Majesty, whenever the security and welfare of his subjects shall require it. I hoped you would have thought it indispensibly becoming your duty to make just and reasonable compensation to the Judges, and other Ministers of Justice, who deserve so highly of the public, but since you have determined otherwise, I have no doubt, that they will find the noblest reward in the consciousness of having greatly served their Country.

Consider calmly I beseech you Gentlemen the unhappy state of this Province! how much its prosperity depends upon your present measures; and how much it is incumbent upon you to promote it.


New Bern December 11th 1773.
JO. MARTIN.
-------------------- page 751 --------------------

Then on motion the same lie over for consideration till Monday next.

Then the House adjourned till Monday morning 10 oClock.


Monday 13th December 1773.

The House met according to adjournment.

Mr Martin according to order presented a Bill of pardon and oblivion to the persons concerned in the late Insurrection, except such persons as are therein excepted, 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 Lanier and Mr Wm Moore

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

Sent by Mr Wm Person and Mr Alston.

Mr Hunt moved for leave to present a Bill to oblige the prosecutors of offences not capital to pay the costs of prosecutions where the defendant shall be acquitted. Ordered he have leave accordingly.

Mr Hunt 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 Alston

Mr Edwards moved for leave to present a Bill for further continuing an Act Intitled an Act for appointing a printer to this Province. Ordered he have leave accordingly

Mr Edwards 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 Alston.

Mr Hooper moved for leave to present a Bill to explain an Act for erecting a Parish in Chatham County by the name of St Bartholomew. 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 Kenan and Mr Spicer

-------------------- page 752 --------------------

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

Mr Benjamin Ward one of the Members of Bute County, and Mr Alexander McAlister one of the members for Cumberland County appeared.

The Honble John Rutherford and Samuel Cornell Esquires, two of his Majestys Council came to the House and Mr Ward and Mr McAlister 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 to amend the staple of Tobacco and prevent Frauds in his Majestys Customs.

The Bill to discontinue the poll tax of one shilling and duty of 4d per per gallon on rum, wine and other spiritous Liquors.

The Bill for establishing Triennial Assemblies.

The Bill for further continuing an Act, Intitled an Act for appointing a Printer to this Province.

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

The Bill to oblige the prosecutors of the offences not capital to pay the costs of prosecutions where the defendant shall be acquitted. Endorsed, In the upper House 13th December 1773. Read the first time and passed.

Recd from the Council the Bill to explain an Act, for erecting a Parish in Chatham County by the name of St Bartholomew. Endorsed, In the upper House 13th December 1773. Read the first time and passed.

On motion ordered the Bill for Dividing this Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts 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 McNair.

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

Sent by Mr Rowan and Mr Thomson.

Mr Hooper moved for leave to prepare and bring in a Bill to prevent the willful and malicious killing of Slaves.

-------------------- page 753 --------------------

A Bill to prevent the crime of Horse stealing.

A Bill to prevent the pernicious practice of hunting with a gun in the night by firelight and other purposes.

Ordered he have leave accordingly.

Mr Hooper moved for leave to prepare and bring in a Bill to impower certain commissioners therein mentioned to dispose of the pews in the Church in the Town of Brunswick, and appropriate the money arising therefrom to the purposes therein mentioned.

Ordered he have leave accordingly.

Then the House adjourned till tomorrow Morning 10 oClock.


Tuesday 14th December 1773.

The House met according to adjournment.

Mr William Moore moved for leave to present a Bill for appointing commissioners for building a Court House prison and stocks for the County of Tryon.

Ordered he have leave accordingly.

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

Sent by Mr Wm Moore and Mr Wm Person.

Mr William Person moved for leave to present a Bill for the further continuing 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 Wm 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 Moore and Mr Wm Person.

Mr Field presented a petition from Sundry Inhabitants of Rowan and Guilford Counties praying a Law may pass for laying out a public road from William Dents in Guilford County, on the Trading Road to Salisbury.

Mr Field 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 Field and Mr Robinson.

On motion ordered the Bill to amend the staple of Tobacco and prevent Frauds in his Majesties Customs be read the second time.

-------------------- page 754 --------------------

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

Sent by Mr Nash and Mr Benbury.

Mr Ashe presented the petition of Henry Costin a Soldier who served in the Artillery Company in the late Expedition against the Insurgents, and who recd a wound, which in all probability will render him a cripple for life praying relief.

The House do therefore Resolve that Henry Costin a soldier who served in the Artillery Company in the late Expedition against the Insurgents and who recd a wound which in all probability will render him a cripple for life, be allowed the sum of ten pounds proc. money per annum during his life, and that the Treasurers or either of them pay him the same and be allowed in their accounts with the public, and desire your Honors Concurrence thereto.

JOHN HARVEY, Sp.

Sent by Mr Rowan and Mr Murfree.

Mr Edwards moved for leave to prepare and bring in a Bill directing the mode of appointing Clerks of the Inferior Courts of pleas and quarter sessions.

Ordered he have leave accordingly.

On motion ordered the Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province, and for 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 Lanier and Mr F. Campbell.

On motion ordered the Bill to oblige the prosecutors of offences not capital to pay the costs of prosecution where the defendant shall be acquitted, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Hunt and Mr Frazier.

Mr Hooper according to order presented the Bill to prevent the wilful and malicious killing of slaves 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 Reding.

Mr Hooper according to order presented the Bill to prevent the crime of horse stealing, which he read in his place and delivered in

-------------------- page 755 --------------------
at the Table where the same was again read, passed and ordered to be sent to the Council.

Sent by Mr Kenan and Mr Reding.

Mr McCulloch moved for leave to present a Bill to amend an Act Intitled an Act for repairing the gaol for the District of Halifax in the Town of Halifax.

Ordered he have leave accordingly.

Mr 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 Kenan and Mr Reding.

Mr McCulloch moved for leave to present a Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct parishes.

Mr 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 Edwards and Mr Martin.

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

Sent by Mr Edwards and Mr Martin.

Mr Samuel Johnston presented a Petition from a number of the Inhabitants and Freeholders of Chowan County praying a dividing line be run between the County of Chowan and Perquimons conformable to the said petition.

Then on motion ordered that Mr Edwards, Mr Martin and Mr Harnett be a Committee to take under consideration the same and report their opinion to this House.

Mr Harnett Chairman of the Committee of Privileges and Elections reported as follows, to wit,

Your Committee having taken under consideration the memorial of Thomas Wade as referred by the House, setting forth an undue election of Representatives in the County of Anson, having heard the proofs and examined into the allegations of the same,

Resolved, that it is the opinion of your Committee that the charges contained in the said memorial are not sufficiently supported by testimony, so as to set aside the said election.

-------------------- page 756 --------------------

On motion Resolved the House concur with the said report.

Your Committee further having taken into consideration the Election of the County of Wake, as also referred, report that the Deputy Sheriff held the poll of the said Election, as appears from the said poll, and Writ exhibited to your Committee, upon which the said Deputy hath returned his principal Mr Michael Rogers the then high Sheriff, and Mr Tignal Jones the elected member,

Resolved, that the above facts be submitted to the future consideration of the House.

CORNs HARNETT, Chair.

The House taking the same into consideration, ordered the same lie for consideration

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

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

Gentlemen of His Majestys Honble Council,

This House have Resolved that Memucan Hunt and Zachariah Bullock, who acted as Sergeant at Arms to this House in summoning a number of witnesses to attend the House at December Session 1770, to give evidence on a charge of perjury, extortion & ca against Mr Thomas Person one of their Members, be allowed the sum of nineteen pounds ten shillings each. And also that the several witnesses who attended the House on that occasion, be allowed the several sums mentioned against their respective names, to wit,

£ s. d.
William Moore
3
15
James Hester
4
10
Robert Lewis
4
10
William Johnston
3
15
John Willingham
4
Joseph Glover
4
David Mitchell
4
John Williams (son of Dan1)
4
Harris Gilliam
4
William Potter
4
James Yancey
4
10
William Bullock
4
-------------------- page 757 --------------------
Pinkethman Hawkins
3
15
Lend Henry Bullock
4
Reuben Searcey
4
Nathaniel Henderson
3
15

And that the Public Treasurers or either of them pay the same to the said several persons above mentioned and be allowed in their accounts with the public, to which we desire your Honors concurrence

JOHN HARVEY, Speaker.

Sent by Hunt and Mr Robinson junr

Then the House adjourned 'til tomorrow morning 10 oClock.


Tuesday Morning 15th December 1773.

The House met according to adjournment

Mr Charles Robeson moved for leave to present a Bill to impower the Justice of Anson County to establish free Ferries, and lay a tax for defraying the charges thereof

Ordered he have leave accordingly

Mr Robeson 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 Picket and Mr Hunt.

Mr Field presented a Petition from a number of Inhabitants of Guilford County praying a Law may pass to facilitate the passage of Fish in Deep River in Guilford County

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

Sent by Mr Field and Mr Tignal Jones

Mr Knox according to order presented the Bill directing the boundary line between the Counties of Perquimons and Chowan, and appointing commissioners to see the same run, which he read in his place and delivered in at the Table, where the same was again read passed, and ordered to be sent to the Council.

Sent by Mr Knox and Mr Benbury.

Mr Respess moved for leave to present a Bill to repeal an Act made at a General Assembly held at Edenton the 21st day of August 1740, Intitled an Act for the more effectual establishing a ferry from Bath Town to Core point, and from Core point to Bath Town

-------------------- page 758 --------------------
and for preventing any other Ferry within ten miles of the said Town of Bath and Core point on the same side of the River.

Ordered he have leave accordingly

Mr Respess 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 Salter.

Mr Stewart moved for leave to present a Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and Parish

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 Frazier.

Recd from the Council the Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct parishes. Endorsed, In the upper House 15th December 1773. Read the first time and passed.

Mr Howe according to order presented the Bill to Impower certain commissioners therein named to dispose of the pews in the Church in the Town of Brunswick, and to appropriate the money arising therefrom to the purposes therein mentioned, which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

Sent by Mr Rowan and Mr Spicer.

Mr Edwards moved for leave to prepare and bring in a Bill to oblige vessels having infectious distempers on Board, to perform their quarrentine.

Ordered he have leave accordingly.

Mr Coor moved for leave to present a Bill directing the duty of Sheriffs with respect to insolvent Taxables.

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 Coor and Mr Hatch.

The House taking into consideration the report of the Committee of Priviledges and Elections of yesterday, Resolve that the late Election for the County of Wake as appears by the return of the Writ is

-------------------- page 759 --------------------
in itself altogether void and illegal, and that the following Message be sent to his Excellency the Governor, to wit,

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

Sir,

This House having taken into consideration the return of the Writ of Election for the County of Wake Have Resolved the said Election void and illegal,

Therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a new Writ for the said County for electing two Members in the room of Michael Rogers and Tignal Jones to sit and vote in this present Assembly.

JOHN HARVEY Sp.

Mr Ashe acquainted the House that Mr William Cray from his indisposition to attend requested him to obtain leave to absent himself from the service of the House during this Session.

Ordered he have leave accordingly

Received from the Council the following Bills, to wit,

The Bill to repeal an Act made at a General Assembly held at Edenton the twenty first day of August 1740, Intitled an act for the more effectual establishing a Ferry from Bath Town to Core Point, and from Core Point to Bath Town, and for preventing any other Ferry within ten miles of the said Town of Bath and Core Point on the same side of the River.

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

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 certain commissioners therein named to dispose of the pews in the Church in the Town of Brunswick, and to appropriate the money arising therefrom to the purposes therein mentioned.

The Bill to amend an Act Intitled an Act for repairing the gaol for the district of Halifax in the Town of Halifax.

The Bill to facilitate the passage of Fish in Deep River in Guilford County.

The Bill to impower the Justices of Anson County to establish free ferries, and lay a tax for defraying the charges thereof.

-------------------- page 760 --------------------

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

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

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

The Bill for laying out a public road from William Dents in Guilford County on the Trading [path] to Salisbury. Endorsed, In the upper House 15th December 1773. Read the first time and passed.

Mr Coor moved for leave to present a Bill for an additional Act concerning servants and slaves in the several Counties therein mentioned.

Ordered he have leave accordingly.

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

Sent by Mr Benbury and Mr Everigin

Mr Edwards according to order presented the Bill directing the mode of appointing Clerks of the Inferior Courts of Pleas and quarter sessions 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.

The order of the Day being read Resolved the same be deferred till tomorrow morning.

Then the House adjourned 'till tomorrow morning 10 oClock.


Thursday 16th December 1773.

The House met according to adjournment.

On motion ordered Mr Allen Jones have leave to absent himself from the services of this House.

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

Sent by Mr Wm Moore and Mr Reinhart.

On motion ordered the Bill for erecting part of the Counties of Halifax and Tyrril into one distinct County and Parish be read the

-------------------- page 761 --------------------
second time. Read the same a second time, amended passed, and ordered to be sent to the Council.

Sent by Mr Stewart and Mr Frazier.

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 15th December 1773. Read the second time amended and passed, and,

The Bill directing the duty of Sheriffs with respect to Insolvent Taxables. Endorsed, In the upper House 15th December 1773. Read the first time and passed.

Also two Resolves of this House, the one for allowing sundry serjeants at Arms and Witnesses to this House on a charge of Perjury, Extortion &ca against Mr Thomas Person a member of this House; the other for allowing Henry Costin a soldier wounded in the late Expedition the sum of ten pounds, annually. Endorsed, In the upper House 15th December 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,

This House herewith send your Excellency Resolves thereof for allowing Memucan Hunt, and Zachariah Bullock Serjeant at Arms to this House, and the several witnesses therein mentioned on a charge of perjury, extortion &ca the sums therein mentioned, and for allowing Henry Costin ten pounds per annum during life. Concurred with by his Majesty's Honorable Council and request your Excellencys assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Nash and Mr John Johnston.

Mr Ashe moved for leave to present a Bill to impower the Commissioners therein mentioned to build a Bridge over Trent river on the main road leading from Newbern to Wilmington.

Ordered he have leave accordingly.

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

-------------------- page 762 --------------------

Sent by Mr Coor and Mr Hatch.

On motion ordered the Bill to amend an Act Intitled an Act for repairing the gaol for the District of Halifax in the Town of Halifax 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 Ashe.

Mr Griffith Rutherford and Mr Matthew Lock the two members of Rowan County appeared.

On motion ordered the Bill for dividing the Parish of Edgecomb in the County of Halifax into two distinct Parishes, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Haywood and Mr Battle.

The Honble William Dry and Alexander McCulloch Esquires two of his Majestys Council came to the House and Mr Griffith Rutherford and Mr Matthew Lock the two members for Rowan County 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,

A Bill for erecting part of the Counties of Halifax and Tyrell into one distinct County and Parish.

A Bill to amend an Act intitled an Act for repairing the Gaol for the district of Halifax in the Town of Halifax.

Endorsed, In the upper House, 16th December 1773. Read the second time and passed, and

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. Endorsed in the upper House 16th December 1773. Read the first time and passed.

Recd from his Excellency the following Message, towit,

Mr Speaker and Gentlemen of the House of Assembly,

Pursuant to your desire, I have directed the Clerk of the Crown to issue a Writ for the electiou of two members for the County of Wake, in the room of the members whose election you have declared void.

JO. MARTIN.

Newbern, December 16th 1773.

Also the following message, towit,

-------------------- page 763 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your consideration a Petition of certain inhabitants of Guilford County relative to the situation of the Court House of that County. Also a petition of Joseph Hughes, and two Petitions from persons concerned in the late insurrection.

JO. MARTIN.

Received the Petitions above mentioned, and on motion ordered they lie for consideration.

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

Sent by Mr Harnett and Mr Campbell, attended by the whole House except Mr Speaker.

Ordered Mr Respess have leave of absence from this House till Monday next.

Mr Hooper according to order presented the Bill to prevent the pernicious practice of hunting with a gun in the night by firelight and other purposes, which he read in his place and delivered in at the Table where the same was again read passed and sent to the Council by Mr Spicer and Mr Rowan.

Recd from the Council the Bill to amend an Act Intitled an Act for repairing the gaol, for the District of Halifax in the Town of Halifax. Endorsed, In the upper House 16th December.

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 Field and Mr Robinson.

The order of the day being read, Resolved the same be deferred 'till tomorrow morning.

Mr Thomas Polk and Mr John Davison, the two elected Members for Mecklenburg County, appeared.

Then the House adjourned 'til tomorrow morning 10 oCclock.


Friday 17th December 1773.

The House met according to adjournment.

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

-------------------- page 764 --------------------

Mr Spicer moved for leave to present a Bill to restrain Fishing with seins in New River in Onslow County.

Ordered he have leave accordingly.

Mr Spicer 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 Spicer and Mr Wm Person.

Mr William Person moved for leave to present a Bill for further continuing an Act, Intitled an Act concerning Vestries.

Ordered he have leave accordingly.

Mr W 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 Spicer and Mr Wm Person.

On motion ordered the Bill for further continuing an Act Intitled an Act for appointing a printer to 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 Spicer and Mr Wm Person.

On motion ordered the Bill to impower the Justices of Anson County to establish free ferries and lay a tax for defraying the charges thereof, 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 Picket.

On motion ordered the Bill directing the duty of Sheriffs with respect to insolvent Taxables be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Robinson and Mr Picket.

Mr Haywood moved for leave to present a Bill for dividing the Parish of St Marys in the County of Edgecomb into two distinct Parishes.

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 Haywood and Mr Battle.

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

Recd from the Council the Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties of this Province,

-------------------- page 765 --------------------
and for regulating the proceedings therein, Endorsed, In the upper House, 17th December, 1773 read the second time amended and passed.

Recd from the Council the Bill of pardon and oblivion to the persons concerned in the late Insurrection except such persons as are therein excepted, Endorsed, In the upper House 17th December, 1773, read the second time amended and passed.

Mr John Johnston presented a petition from the Inhabitants of Windsor in Bertie County, praying a law may pass for enlarging the time for saving lots in the Town of Windsor, for erecting a Court House prison and stocks for the County of Bertie in the said Town and other purposes.

Mr Johnston 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 John Johnston and Mr. Stanly.

The Honble Alexander McCulloch and William Dry Esquires two of his Majesty's Council came to the House, and Mr Polk and Mr Davison 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, to wit,

The Bill to prevent the pernicious practice of hunting with a gun in the night by firelight and other purposes

The Bill to prevent the crime of horse stealing.

The Bill for an additional Act concerning servants and slaves in the several Counties therein mentioned

The Bill for enlarging the time of saving lots in the Town of Windsor for erecting a Court House, prison and stocks for the County of Bertie in the said Town and other purposes

The Bill to restrain fishing with seins in New River in Onslow County.

The Bill for dividing the parish of St Marys in the County of Edgecomb into two distinct Parishes, and,

The Bill for further continuing an Act, Intitled an Act concerning Vestries. Endorsed, In the upper House 17th December 1773. Read the first time and passed.

The Bill directing the duty of Sheriffs with respect to Insolvent Taxables.

-------------------- page 766 --------------------

The Bill to impower the Justices of Anson County to establish free ferries and lay a Tax for defraying the Charges thereof.

The Bill for appointing Commissioners for building a court house prison and stocks for the County of Tryon. Endorsed, In the upper House, 17th December 1773. Read the second time and passed, and

The Bill for further continuing an Act Intitled an Act for appointing a printer for this Province. Endorsed, In the upper House, 17th December 1773. Read the second time, amended and passed.

On motion ordered the Bill for establishing Inferior Courts of pleas and quarter sessions in the several Counties in this Province, and for regulating the proceedings 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 Lock and Mr Rutherford.

Mr Harnett moved for leave to bring in a Bill to continue an Act Intitled an Act to amend an Act intitled an Act for the regulation of the Town of Wilmington.

Ordered he have leave accordingly.

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

Sent by Mr Lock and Mr Rutherford.

Mr Edwards according to order presented the Bill to oblige vessels having infectious distempers on board to perform their quarrentine, which he read in his place and delivered in at the Table where the same was read, passed, and ordered to be sent to the Council.

Sent by Mr Lock and Mr Rutherford.

Mr Martin from the Committee appointed to consider the petition of a number of the freeholders and inhabitants of Chowan County praying a division line be run between the said County and that of Perquimons, conformable to the said petition, Report as follows, to wit,

Your committee having taken into consideration the boundary line of Chowan and Perquimons Countys as referred by the House do report, That it appears to your Committee by the affidavit of William Ashley that he has been acquainted with the reputed dividing Line of the Counties of Chowan and Perquimons for fifty years past; that it always has been deemed and taken to run from the mouth of Yeopim

-------------------- page 767 --------------------
River to a Water Grist Mill formerly the property of Jas Egerton, thence through a large body of pecoson land to a plantation of William Jackson and the place called the Horse pasture; that the said Ashley and all the Inhabitants to the line aforesaid for fifty years past to the best of his knowledge have done public duties and paid their Taxes to the Sheriffs of Chowan County.

That it also appears to your Committee by two certain patents granted to Rich and Skinner in the year 1718, by Lord Carteret Palatine, that the Lands mentioned therein are declared to be situated in Perquimons County adjoining Bear Swamp, the one of which begins at a pine in a meadow at William Wordley's corner tree.

That it further appears by the affirmation of Caleb Elliot one of the people called quakers that the said corner tree has been deemed and taken by the Inhabitants adjacent since the time he came of age, and always before, as far as he ever knew to be the reputed Boundary of the said Counties.

Resolved, that it is the opinion of your Committee that there is a greater presumption that the last mentioned Boundary appearing from the Patents and affirmation aforesaid, is the true reputed ancient boundary of the said Counties, but whether to continue the same will be most convenient and proper in the modern situation of their respective Inhabitants is a matter we submit to the further Consideration of the House.

CORNs HARNETT
ALEX. MARTIN
I. EDWARDS

Then on motion ordered the same lie for consideration of the House.

The order of the day being read,

Resolved, the same be referred till tomorrow.

Then the House adjourned 'till tomorrow morning 10 oClock.


Saturday 18th December 1773.

The House met according to adjournment.

On motion ordered the Bill to restrain Fishing with seins in New River in Onslow 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 Spicer and Mr Davidson

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

-------------------- page 768 --------------------
same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Benbury and Mr Harvey.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith two resolves of your House of the 14th and 15th Instant, concurred in by his Majesty's Council with my assent thereto

JO. MARTIN.

Received the above mentioned two resolves for allowing a number of Witnesses their fees and Henry Costin Ten pounds per annum. Endorsed, Assented to.

JO. MARTIN.

Received 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 representation of Mr Archibald McKissak a magistrate of the County of Bladen relative to a number of free negroes and mulattoes who infest that county and annoy its Inhabitants

JO. MARTIN.

New Bern, December 18th 1773.

Ordered the same lie for consideration

Received from the Council the following Message, Vizt.

Mr Speaker and Gentlemen of the Assembly,

This House upon the third reading of the Bill for establishing a Superior Court, are much concerned that the amendments they inserted upon the second reading of that Bill, are not approved by your House. They now acquaint you that they must still adhere to those amendments, and desire with candor and moderation to justify their conduct by such reasons as they trust will be satisfactory to the good of this province.

Your House are requested to call to mind that an Act for establishing Superior Courts containing the same now insisted upon, relative to attachments and Limiting the Jurisdiction of the Superior Courts, passed last session of Assembly with a suspending clause,

-------------------- page 769 --------------------
and was transmitted by his Excellency the Governor to His Majesty for his Royal assent. Your House has this session been fully informed of his Majesty's disallowance of that Act, a disallowance expressly grounded upon those very clauses for which you now so earnestly contend

Under these circumstances we confess ourselves at a loss to know what beneficial end or purpose can be answered by either House persisting to pass a Bill containing clauses which the Governor has so recently and solemnly declared to us in General Assembly he cannot pass.

The Bill as amended by this House is conformable to the plan proposed by his Majesty and we are persuaded contains ample provision for the Administration of Justice within this Province, two legal branches of the Legislature thus far approve the Bill, but if unhappily your House shall finally withhold its assent, we shall soon find by sad experience that the wretchedness of this Country is not yet half complete.

The necessity of a Court Law is acknowledged by all; without one this Province must soon be deserted by its Inhabitants, and an end put to its name and political existence. This House therefore are grieved to find so inestimable a good as the Bill now offers to the people rejected and refused by their Representatives, for the sake only of a Comparatively small advantage supposed to lie in a mode of proceeding by attachment, a proceeding unknown both to the Common and Statute Law of the Mother Country, relative only to the private dealings between subject and subject, and if totally extinguished, cannot in the remotest manner be said to affect the civil or political rights of the people.

With regard to the section granting an allowance to the Chief Justice and Attorney General, This House inserted it, because it was part of the late expired Law, not with any view of Multiplying the causes which at present so unfortunately divide the different branches of the Legislature. We shall therefore not embarrass the present Bill by retaining that Section, but will submit a suitable provision for those officers to the equity and Justice of the General Assembly, But this House cannot consent to a repeal of the Fee Bill passed in 1748, 'till an equally sure and permanent allowance is otherwise provided for the Chief Justice.

Such are the terms upon which alone this House can consent to pass the important Bill now before them, and if acceded to by your

-------------------- page 770 --------------------
House the alteration will be made in the presence of such of your members which you will be pleased to send for that purpose. In the upper House 18th December, 1773.

Ordered the same lie for consideration.

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

Sent by Mr Stewart and Mr Frazier.

Mr Simpson presented a Petition from the Inhabitants of Pitt County, praying a Law may pass to amend an Act for the laying out a Town on the Land of Richard Evans in Pitt County by the name of Martinborough, and for removing the Court House, prison and stocks into the said Town.

Mr Simpson 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 Simpson and Mr Salter.

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

Sent by Mr Wm Moore and Mr Picket.

On motion ordered the Bill to amend an Act Intitled an Act for repairing the gaol for the District of Halifax in the Town of Halifax be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Wm Moore and Mr Picket.

On motion ordered the Bill for enlarging the time of saving Lots in the Town of Windsor for erecting a Court House, prison and stocks for the County of Bertie, in the said Town 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 Jno Johnston and Mr Stanly.

Ordered Mr Gray have leave of absence till Friday next.

The House taking into consideration the petition of Joseph Hughes as referred by his Excellency of his message of the 16th Instant, Resolved, that the said Joseph Hughes be allowed the sum

-------------------- page 771 --------------------
of one hundred and fifty pounds proc. money for pursuing, apprehending, money expended, and conveying under Guard to Hillsborough, nine robbers, and for pursuing Winslow Driggers, Jas Johnston, and William Hodges who robbed the waggon of said Hughes of Goods to the amount of £436 proc. money and for apprehending and conveying Winslow Driggers under Guard to the Cheraws in the year 1771. That the public Treasurers or either of them, pay him 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

This House have resolved that Joseph Hughes be allowed the sum of one hundred and fifty pounds proc. money for pursuing, apprehending, money expended, and conveying under Guard to Hillsborough nine robbers, for pursuing Winslow Driggers, James Johnston and William Hodges who robbed the waggon of the said Hughes of goods to the amount of four hundred and thirty six pounds and for apprehending and conveying Winslow Driggers under Guard to the Cheraws in the year 1771. That the public Treasurers or either of them pay him the same and be allowed in their accounts with the public, and desire your Honours concurrence thereto.

JOHN HARVEY Speaker.

Sent by Mr Polk and Mr Everigin

Mr. Harnett presented sundry affidavits and other papers setting forth that a certain negro called Biscuit the property of Peter Mallett of Wilmington was outlawed and afterwards shot and wounded by Mr Thomas Jones of New Hanover County in apprehending, of which wounds he died

On motion, resolved that the said Peter Mallett be allowed the sum of seventy five pounds proc. money for the said negro, that the public Treasurers or either of them pay him the same, and be allowed in their accounts with the public, and that the following message be sent to the Council Vizt.

Gentlemen of His Majestys Honorable Council,

This House have Resolved that Peter Mallett of Wilmington be allowed the sum of seventy five pounds proc. money for a certain negro called Biscuit who was outlawed and afterwards shot and wounded by Mr Thomas Jones of New Hanover County in apprehending, of

-------------------- page 772 --------------------
which wounds he died. That the public Treasurers or either of them pay him the same and be allowed in their accounts with the public, and desire your Honors concurrence thereto.

JOHN HARVEY Sp.

Sent by Mr Polk and Mr Everigin.

The order of the day being read Resolved the same be deferred till Monday next.

Then the House adjourned till Monday Morning 10 oClock.


Monday Morning December 20th 1773.

The House met according to adjournment.

On motion ordered the Bill for dividing the Parish of St Mary's in the County of Edgecomb into two distinct Parishes be read the second time. Read the same a second time, amended, passed and ordered to be sent the Council.

Sent by Mr Spruil and Mr Smithwick.

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 Ward and Mr Wm Person.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

On reading the third time in this House the Bill for establishing Inferior Courts of pleas &ca we propose the following amendments, vizt,

That the clause relative to the Clerk of the pleas deled by you at your third reading, be steted, vizt,

“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 of the several Courts hereby Established, and each of the said Clerks shall give Bond” &ca.

That the preamble to the clause regulating the proceedings in original and Judicial attachments be deled and instead thereof the following inserted vizt, “And whereas original and judicial attachments have been found beneficial to this Province and its circumstances.”

-------------------- page 773 --------------------

That before judicial attachments be granted an Oath be made agreeable to the royal Instruction for which purpose we propose that the clause inserted by us at our second reading and deled by you on your third reading be steted.

That the proviso we had inserted at our second reading and you have deled at your third reading for granting appeals for any sums even under five pounds where titles to Land or the rights of the Crown are concerned be steted, the same being pursuant to the Kings Instructions.

That the following clause be added to the Bill, vizt,

“And be it further enacted by the authority aforesaid, that the time elapsed since the expiration of the late Inferior Court Law to the passing of this Act, shall not be allowed of in any plea of limitation, any Law to the contrary notwithstanding.”

To which amendments if your House agree be pleased to send some of your members to see the same made to the Bill.

In the upper House 18th December 1773.

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

Gentlemen of His Majestys Honorable Council,

In answer to your Message of Saturday last recd this day respecting the Bill for Establishing Inferior Courts &ca, We cannot agree to stet the clause you propose relative to the clerk of the pleas. We agree that instead of the preamble to the clause regulating attachments the following be inserted, vizt, “Whereas original and judicial attachments have been found beneficial to the Inhabitants and a right essentially necessary to their commercial Interest,” but cannot agree to the insertion of any other regulations with regard to the issuing attachments.

We agree that there be an appeal in all cases above forty shillings. We agree to the Clause you propose regarding the operation of the Act of limitation, and would propose the following addition to that clause after the word (Limitation) Vizt “or in the computation of time by Law allowed for proving accounts, under the Act ascertaining the method of proving book debts.” If you think proper to pass the Bill thus altered we will send two of our Members to see the amendments inserted.

JOHN HARVEY Sp.
-------------------- page 774 --------------------

On motion ordered the Bill to explain an Act for erecting a Parish in Chatham County by the name of St Bartholomew, be read the second time. Read the same a second time passed and ordered to be sent to the Council.

Sent by Mr Fields and Mr Wm Moore.

On motion ordered the Bill for further continuing an Act intitled an Act concerning Vestries be read the second time. Read the same a second time amended, passed and ordered to be sent to the Council.

Sent by Mr Field and Mr Wm Moore.

On motion ordered the Bill for laying out a public road from Wm Dents in Guilford County on the Trading road to Salisbury be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Reding and Mr Jordan.

On motion ordered the Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct Parishes be read the third time. Read the same a third time amended passed and ordered to be sent to the Council.

Sent by Mr Reding and Mr Jordan.

On motion ordered the Bill for further continuing an Act intitled an Act for appointing a printer to 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 Reding and Mr Jordan.

On motion ordered the Bill directing the duty of Sheriffs with respect to insolvent Taxables be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Reding and Mr Jordan.

Mr Ferquard Campbell moved for leave to present a Bill to amend an Act Intitled an Act for establishing a Town on the Lands of John and William Russell, minors, sons of John Russell decd on the west side of the North West branch of the Cape Fear River near the mouth of Cross Creek, by the name of Campbelton

Ordered he have leave accordingly

Mr Ferquard Campbell 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 Reding and Mr Jordan.

-------------------- page 775 --------------------

Mr Robert Rowan presented a petition from sundry Inhabitants of Cumberland County and Borough of Campbelton praying a Bill may pass for regulating the Borough of Campbelton and erecting public Buildings therein.

Mr Rowan 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 Reding and Mr Jordan.

On motion ordered the Bill to impower the Commissioners therein named to build a bridge over Trent River on the main road leading from Newbern 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

Recd from the Council the following Bills Vizt.

The Bill to oblige the prosecutors of offences not capital to pay the costs of prosecution where no bill shall be found by the grand jury. Endorsed, In the upper House, 20th December 1773. Read the second time and passed.

The Bill for directing the mode of appointing Clerks of the Inferior Courts of Pleas and quarter sessions. Endorsed, In the upper House 20th December 1773. Read the first time and passed.

The Bill to amend the staple of Tobacco and prevent frauds in his Majesty's Customs. Endorsed in the upper House 20th December 1773. Read the third time and passed. Ordered to be Engrossed.

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

The Bill for the further continuing an Act Intitled an Act concerning Vestries

The Bill to explain an Act for erecting a Parish in Chatham County by the name of St Bartholomew.

The Bill for dividing the Parish of St Marys in the County of Edgecomb into two district Parishes

The Bill for enlarging the time of saving Lots in the Town of Windsor for erecting a Court House prison and stocks for the County of Bertie in the said Town and other purposes.

The Bill to restrain fishing with seins in New River in Onslow

-------------------- page 776 --------------------
County, Endorsed In the upper House 20th December 1773. Read the second time and passed.

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

The Bill to oblige vessels having infectious distempers on board to perform their quarrentine.

The Bill to amend an Act for the laying out a Town on the Lands of Richd Evans in Pitt County by the name of Martinborough and for removing the Court House, prison and stocks into the said Town, Endorsed, In the upper House, 20th December 1773. Read the first time and passed.

The Bill to amend an Act Intitled an Act for repairing the gaol for the District of Halifax in the Town of Halifax.

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

The bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and Parish, Endorsed, In the upper House 20th December, 1773. Read the third time and passed. Ordered to be engrossed.

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

Ordered he have leave accordingly.

Mr Robert Rowan 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 Robt Rowan and Mr Oldham

Recd from the Council the following Bills, Vizt,

The Bill directing the duty of Sheriffs with respect to insolvent Taxables. Endorsed, In the upper House 20th December 1773. Read the third time and passed. Ordered to be engrossed.

The Bill for laying out a public road from William Dents in Guilford County on the trading road to Salisbury. Endorsed, In the upper House 20th December 1773. Read the second time and passed.

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

The Bill for dividing the Parish of Edgcomb in the County of Halifax into two distinct Parishes.

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

-------------------- page 777 --------------------

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

Sent by Mr Oldham and Mr T. Harvey.

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

On motion ordered the Bill to Impower certain Commissioners therein named to dispose of the Pews in the Church in the Town of Brunswick and to appropriate the money arising therefrom to the purposes 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 Williamson and Mr Stanly.

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

Sent by Mr Nash and Mr Lanier.

Mr Martin moved for leave to present a Bill to continue the several acts therein mentioned.

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 Kenan.

On motion ordered the Bill for enlarging the time of saving lots in the Town of Windsor for erecting a Court House, prison and stocks for the County of Bertie in the said Town 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 Spicer and Mr Smith.

On motion ordered the Bill to restrain Fishing with seins in New River in Onslow 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 Spicer and Mr Smith.

Mr Hewes according to order presented the Bill to prevent counterfeiting the paper money of this and other British Colonies and to prevent counterfeiting the gold and silver coin circulating in this

-------------------- page 778 --------------------
Province, 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 Spicer and Mr Smith.

Mr Edwards moved for leave to present a Bill for the more effectual obtaining an exact list of Taxables for the Town of New Bern for compelling the Inhabitants of the said Town to pay their Taxes and for other purposes therein mentioned.

Ordered he have leave accordingly.

Mr Edwards 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 Spicer and Mr Smith.

On motion ordered the Bill to impower the Justices of Anson County to establish free ferries and lay a tax for defraying the charges thereof be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Spicer and Mr Smith.

Recd from the Council the Resolve of this House for allowing Peter Mallett seventy five pounds for a negro called Biscuit outlawed and shot. Endorsed, In the upper House 20th December 1773. Concurred with.

JAMES 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,

Sir,

This House herewith send your Excellency a resolve thereof for allowing Peter Mallett of Wilmington the sum of seventy five pounds proc. money for a certain negro called Biscuit, outlawed and afterwards shot. Concurred with by His Majestys Honble Council. and request your Excellencys assent.

JOHN HARVEY, Sp.

The order of the day being read Resolved, the same be deferred till tomorrow morning.

The House taking under consideration the Councils Message of the 18th Instant regarding the Bill for Establishing Superior Courts, Ordered the following Message be sent to the Council Vizt,

-------------------- page 779 --------------------

Gentlemen of His Majestys Honorable Council,

In answer to your Message of the 18th Instant upon the third reading in your House of the Bill for establishing a Superior Court &ca,

This House ever faithful to the discharge of the Important trust reposed in them by the Inhabitants of this Province have in the conduct of every Public Measure which during this Session hath been subjected to our deliberation, had in view the interest and happiness of our constituents, as the grand object that ought to govern all our determinations. Appointed by the people to watch over their rights and priviledges, and to guard them from every encroachment of a private and public nature it becomes our duty and will be our constant endeavour to preserve them secure and inviolate to the present age, and to transmit them unimpaired to posterity.

We have given to the Bill for establishing a Superior Court the attention it merits, and without suffering private interest, passion or prejudice to intrude themselves upon our enquiries. Conscious from our late melancholy experience of the unhappy consequences that attend the extinguishment of the Civil and Criminal Jurisdiction in this Province, We dread the continuance of the calamity and submit still to suffer, only to avoid a greater misfortune.

We look back upon past grievances without reproaching ourselves for being the cause of them, for an Impartial world will do us the justice to own that we contend for nothing more than what we have 'till lately enjoyed in common with the rest of his Majesty's subjects in America.

The right of foreign attachment is exercised by our sister Colonies with every latitude requisite to promote their commercial interest and to secure the property of their Inhabitants; it is a right essential to every well regulated system of police, and is a security inseperable from Traffic, in a Province situated as this is, where Trade is the vital principle of its Constitution. Every circumstance that places us on a more unfavorable footing than our neighbors is to enrich them at our expence and build the increase of their Trade upon the ruin of our own; you are well aware that you need but look to the Colonies next adjoining us, to discover the invidious distinction and to find cause to regret that with equal merit we have been less the favorites of Government.

We are fully sensible that the application to his Majesty that an Act passed at the last session of Assembly for establishing Superior

-------------------- page 780 --------------------
and Inferior Courts in this Province with a suspending Clause 'till his Majesty's pleasure was known, with the rights of attachments reserved to this Province in its due extent, has failed to obtain His Majesty's concurrence; we lament the ill success of our endeavors but still flatter ourselves our sovereign is not inexorable, and that he will ever lend an ear to the just complaints of his faithful subjects.

To despair of obtaining redress from the grievances we complain of, would be to impeach the Justice of the British Government and to distrust the virtues of our King and Father.

To sit patiently down under an humble acquiescence under this denial of a security by attachment, would render us unworthy his Royal Interposition, it would be an implied resignation of the rights of subjects and a violation of the duty we owe to him as the protector of them. We shall in the most humble manner address his Majesty upon this interesting occasion, and doubt not but that you equally zealous for the happiness of this Colony will heartily concur with us in a measure that promises the greatest probability of being accompanied with success, altho' your opinions are different from what this House maintain. We shall be happy to find that no passion nor private motives influence your consultations but that with candor and moderation you pursue the same object tho' by different means.

We doubt not but that in altering the Bill for a Superior Court &ca a most faithful and strict attention has been paid to the plan proposed by his Majesty to his Governor, but this House the most important branch of the Legislature cannot conceive that the attachment clause as proposed by the Council gives a remedy equal to the evils they are intended to obviate. The Limits within which an attachment so restrained can only operate, are too confined to render that process beneficial; the oath prescribed as a necessary previous step to obtain it, renders it unattainable by everyone who is not a stranger to the pleasing influence of Truth and horror of Perjury; to swear that a man absconds to avoid payment of his debt, is to pry into the secret movements of the Human breast, and assume a province not short of inspiration. That you approve the Bill is by no means obligatory upon our assent, and whatever may issue from this difference of Opinion, it will not be difficult to decide whether the calamity is to be charged on this House contending for a right which the Inhabitants of this Province have for a long time

-------------------- page 781 --------------------
exercised beneficially, or to those who urge an innovation in the constitution of this Province which must deprive its Inhabitants of what it has so long enjoyed unimpeached.

This House for themselves and their constituents heartily acknowledge the necessity of Court Laws, and without anticipating the horrors of a desertion of the Inhabitants of this Colony and the extinguishment of its name and political existence, they experience in the present unhappy State of this Province sufficient to induce them to wish a change upon legal constitutional principles. The rules of right and wrong, the limits of the prerogative of the Crown and of the privileges of the people are in the present refined age well known and ascertained; to exceed either of them is highly unjustifiable. Were the attachment Law as formerly enjoyed by us as small an advantage, compared with that of having Court Laws as you contend it is, the right we possess to that is equal to the rights to a more important object, in the smallest, it is bartering the rights of a people for a present convenience, in a greater it would be the same crime aggravated only by its circumstances. We observe with surprise that a doctrine maintained by a former House of Assembly is now adopted by you, and that you disclose as your opinion that attachments are not known to the Common or Statute Law of England; what then did Government tender to this people in lieu of their former mode, when it proffered to the last Assembly a mode of attachment agreeable to the Laws of England? This House upon all occasions will avow the necessity of attachments in the manner we lately enjoyed it, in point of expedience as well as right, and viewed upon the scale of relation to the private expedience as well as right, and viewed upon the scale of relation to the private dealings between subjects and subjects it has every advantage that can be reasonably sought as the trade of this Colony and its neighbours is principally confined to that private mutual intercourse which you mention.

With respect to the allowance to the Chief Justice and Attorney General inserted by you in the Bill for constituting a Superior Court &ca, and referred to in your Message, we answer, that it is the undoubted privilege of the people and their representatives to make a disposition of their own monies, the interposition of the Council with respect to such disposition is an infringement upon the rights of the people and an open infraction of a fundamental principle in our Constitution. Sensible of the importance of the Judicial character

-------------------- page 782 --------------------
and desirous to provide for those to whom Government may think fit to intrust that department, in a manner worthy the acceptance of men of integrity and eminence,

We conceive the Bill for regulating the fees of the Chief Justice to be a mode of provision not adapted to the circumstances of this Province or to the dignity of that Office. A dependance upon the precarious increase or diminution of Suits and the uncertainty which attends the collection of the fees accruing from them excite an inconvenience which this House are desirous to obviate, and when his Majesty shall be pleased to appoint the Judges during good behaviour, we will shew the most sincere gratitude for such acquisition both in our profession and practice, and will give a perpetual Salary to such officer that will do ample Honor to the appointment. In the mean time this House will by a Temporary Law make such provision for the Chief Justice, Associate Judges and Attorney General, as shall be suitable to the circumstances of this Province.

These are the motives which have ruled the conduct of this House. They are submitted to you as circumstances which if they do not induce to alter your determinations, will to you and the world afford the fullest conviction that we are sincere and determined in the measures we have adopted, and that we are convinced that we cannot in the smallest degree depart from them without a breech of faith to the public, and without debasing our Legislative Character; of course we cannot consent to the alterations you propose in the Bill.

JOHN HARVEY, Sp.

Sent by Mr Thos Jones and Mr Nash.

Then the House adjourned 'till tomorrow morning 10 oClock.


Tuesday 21st December 1773.

The House met according to adjournment.

On motion ordered the Bill for dividing the Parish of St Marys in the County of Edgecomb into two distinct Parishes be read the third time. Read the same a third time, amended and ordered to be sent to the Council.

Sent by Mr Battle and Mr Murfree.

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

Sent by Mr Battle and Mr Murfree.

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On motion ordered the Bill for laying out a public road from Wm Dents in Guilford County on the trading road to 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 Battle and Mr Murfree.

Mr Polk moved for leave to present a Bill for establishing a court house in the Town of Charlotte in Mecklenburg County and for regulating the said Town.

Ordered he have leave accordingly.

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

Sent by Mr Polk and Mr Davison.

On motion ordered the Bill to amend an Act, for laying out a Town on the Land of Richard Evans in Pitt County by the name of Martinborough, and for removing the court house, prison and stocks into 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 Simpson and Mr Salter.

On motion ordered to Bill to facilitate the passage of fish in Deep River in Guilford County be read the second time. Read the same a second time and rejected.

Mr Davison moved for leave to present a Bill for altering the dividing line between the Counties of Rowan, Mecklenburg and Tryon.

Ordered he have leave accordingly.

Mr Davison 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 Davison and Mr Moore.

On motion ordered the Bill to oblige the prosecutors of offences not capital to pay the costs of prosecution where the defendant shall be acquitted, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Hunt and Mr Everigin.

On motion ordered the Bill for further continuing an Act Intitled an Act concerning vestries be read the third time. Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Wm person and Mr Hatch

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Recd from the Council the following Bills vizt.

The Bill for enlarging the time of saving Lots in the Town of Windsor for erecting a Court House prison and stocks for the County of Bertie in the said Town and other purposes

The Bill to restrain fishing with seins in New River in Onslow County, and

The Bill to impower the Justices of Anson County to establish free ferries and lay a tax for defraying the charges thereof, Endorsed In the upper House 21st December 1773. Read the third time and passed. Ordered to be engrossed.

The Bill to continue the several Acts therein mentioned

The Bill to prevent counterfeiting the paper money of this and the other British Colonies, and to prevent counterfeiting the gold and silver coin circulating in this Province.

The Bill for the more effectual obtaining an exact list of Taxables for the Town of New Bern for compelling the Inhabitants of the said Town to pay their Taxes and for other purposes therein mentioned.

The Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town, Endorsed, In the upper House 21st December 1773. Read the first time and passed

The bill to continue an Act Intitled an Act to amend an Act Intitled an Act for the regulation of the Town of Wilmington, and

The Bill to prevent the wilful and malicious killing of slaves, Endorsed in the upper House 21st December 1773. Read the second time and passed.

Received 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 allowing the sum of seventy five pounds to Peter Mallet, concurred in by His Majestys Council with my assent thereto.

JO. MARTIN.

Recd the Resolve above mentioned, Endorsed, Assented to.

JO. MARTIN.

Mr Martin from the Committee &ca reported that the following Acts will expire at the end of this Session of Assembly, Vizt

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An Act concerning Vestries, and recommend the same be continued with an amendment to this purpose: That when any vestry have failed or neglected to levy for the support of the poor of its respective Parish, that in such case the County Court shall be invested with that necessary power, That at no time the poor of this County be neglected, who always ought to be one of the principal objects of Legislative care. Also an Act for establishing a militia in this Province. Also an Act to ascertain and regulate 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. Also an Act for the directing the method of appointing Jurors in all causes Civil and Criminal. As the above Acts are still necessary in this Colony we recommend that the same be continued.

And further we report that an Act to defray the contingent charges of Government together with an additional Act thereto will expire at the end of this Session, and as the monies levied by the said Act are found to be lodged chiefly in the hands of the Sheriffs and collectors and not yet accounted for, which when paid might be sufficient to defray the contingencies of Government for some time to come, but whether the immediate exigencies of Government still require a continuance of the same in whole or in part, or whether it would not be most beneficial to ease the Inhabitants of this Province for the present of a burthensome Tax, are matters we submit to the future consideration of the House.

Also an Act to appoint an agent &ca, As the purposes by this Act intended have not been fully answered, it therefore becomes useless to this Province. We therefore recommend that the same be permitted to Expire.

And lastly, “An Act for the more speedy recovery of all debts and demands under five pounds proc. money in this Province.” As the mode of the recovery of the same is in a different manner prescribed in the present Inferior Court Bill and its good intentions equally answered, it will therefore be useless to continue longer.

R. CASWELL
JNo JOHNSTON
CORNELIUS HARNETT
R. HOWE
WILL HOOPER
ALEX MARTIN
THOs JONES
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The House taking the same under consideration, Concurred therewith.

Mr Polk presented a certificate from the Inferior Court of Mecklenburg County therein recommending Daniel McKirmin to be exempted from the payment of public taxes.

Ordered he be exempted accordingly.

Recd from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

This House taking into consideration your Answer to our Message respecting the Bill for establishing Inferior Courts &ca

We agree to the amendments you propose, instead of the preamble to the clause regulating attachments provided you will consent to strike out the following words, Vizt, “a right essentially.”

We agree to your proposed amendment to the clause regarding the operation of the Act of limitation.

If you think proper to amend the Bill agreeable to this Message be pleased to send some of your members to see the same inserted.

In the upper House 21st December 1773.

Rec'd from his Excellency the Governor a verbal message by Mr Biggleston his Secretary requiring the immediate attendance of the House at the palace.

The House having taken into consideration his Majesty's instruction relative to attachments, and sensible of the deplorable situation to which this Colony must be reduced, should the restrictions therein specified be continued, think it a duty they owe themselves, their constituents and Posterity to fall upon every expedient to prevent it, Resolve Nemine Contradicente, that a Committee be appointed to prepare a dutiful address to his Majesty humbly soliciting that he would be graciously pleased to withdraw an instruction which however equitable it might have appeared to his Royal mind, ever attentive to the interests of his Subjects, is so unadapted to the circumstances of this Colony, and to the Commercial Interest thereof as to render its operation extremely injurious to both, and that he would be pleased to permit his Governor to pass a Law, which tho' adapted to the policy of this country may be so framed as not in any manner to be injurious to the interests of Great Britain, which his faithful Subjects in North Carolina think it their highest duty to promote. And in order to convey this our humble address in the most acceptable

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manner to our Sovereign, and as the most effectual means to promote its success upon which the well being of this Colony so essentially depends, This House also Resolve, Nem. Con., that the said Committee do address his Excellency William Tryon Esquire the present Governor of New York who happily for this Country for many years presided over it, and of whose good intentions to its welfare we feel the fullest conviction. That they forward to him our dutiful Address to his Majesty, and request that he should be pleased to convey the same to our most gracious Sovereign, support our earnest solicitations with his interest and influence, and that he would accept of this important Trust as testimony of the great affection this Colony bears him, and the entire confidence they repose in him

Resolved, that Mr Speaker, Mr Howe, Mr Sam1 Johnston, Mr Hooper, Mr Edwards, Mr Ashe, Mr Harnett and Mr Hewes be appointed a Committee to carry into Execution the purposes of the above Resolves

The House waited upon his Excellency the Governor at the palace, when his Excellency was pleased to make the following Speech, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

I see with infinite concern, so much time consumed by you, and so great expence incurred by the public in vain; for I must think, your longer attendance here, to no purpose, while you refuse to adopt any plan for the due Administration of Justice, with which I have it in my Power to comply. I have made you fully acquainted with the restrictions that must govern my conduct; and I am sure they are such, as have been calculated by Government, upon the maturest consideration, for the welfare, and happiness of this people. Appeal Gentlemen, to them, Consult your Constituents, state to them candidly, the point for which you contend; nor let them be ignorant, that his Majesty, is graciously disposed to indulge your wishes for them, as far as it is consistent with the principles of the Constitution, and the common interests of all his Subjects. Then ask them, if they wish to relinquish all the blessings, all the advantages, and all the securities for their lives, and properties, that result from a regular execution of the Laws of their Country in contention for a mode of proceeding against debtors, applicable only to particular

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cases, that is in itself unconstitutional and which, if it would be obtained, would not avail one person in a thousand, among them.

Represent these facts to the people fairly Gentlemen, and I am firmly persuaded, they know too well their own interests, to make such a Sacrifice, or to approve your conduct. That I may give you opportunity to learn their Sentiments, I now, by virtue of the power, and Authority in me vested, by His Majesty, prorogue this Assembly, to Tuesday the first day of March next; and this Assembly is accordingly hereby prorogued.

JO. MARTIN.