powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the North Carolina Governor's Council
North Carolina. Council
December 06, 1773 - December 22, 1773
Volume 09, Pages 788-791

[From MS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.


At a Council held at New Bern 6th December 1773
Present
His Excellency the Governor.
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis H. DeRosset Esquire
The Honble John Sampson Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
The Honble Samuel Cornell Esquire

His Excellency was pleased to lay before the Board a letter from Major General Haldimand enclosing an extract from a letter from the Superintendant of Indian Affairs for the Southern District together with an Affidavit of Ann Trantham relating to the murder of two Cherokee Indians by Hezekiah Collins on the frontiers of Georgia upon which his Excellency had issued a proclamation offering a reward of £100 procn money for apprehending the murderer which was unanimously approved.


North Carolina—Ss.

By His Excellency Josiah Martin Esquire, Captain General, Governor and Commander in Chief in and over the said Province.

A Proclamation.

Whereas I have received advice from Major General Haldimand, Commander in chief of His Majesty's forces in America, that accounts have been transmitted to him by his Majesty's Superintendant of Indian Affairs in the Southern district of a most barbarous murder

-------------------- page 789 --------------------
wantonly and without provocation committed by a certain Hezekiah Collins in the back part of the Province of Georgia on the bodies of two young Cherokee Indians, which hath highly exasperated that nation, and may tend to interrupt the good harmony subsisting between his Majesty's Subjects and that and other tribes of Indians unless satisfaction be made for the said Violence; and whereas the murderer hath absconded, and the Commander in Chief of his Majestys forces hath requested me to offer on his behalf a reward of One hundred pounds sterling for apprehending the said Hezekiah Collins so that he may be brought to Justice, and other large rewards are offered in the Southern Colonies for securing the said Offender; I have thought proper, in a Case of such common concern and importance to his Majestys subjects, to concur in the said measures, and have therefore issued this Proclamation, hereby promising to any person or persons who shall apprehend and secure the said Hezekiah Collins, so that he may be brought to Justice, the further reward of one hundred pounds, proclamation money; and I do hereby command and enjoin all Magistrates, Sheriffs and others, within this province, to be vigilant, and as much as possible aiding and assisting herein.

Given under my hand, &c., dated 18th September 1773.

JO. MARTIN.
God save the King.

His Excellency was pleased likewise to communicate to the Board a letter from Lieutenant Governor Bull of South Carolina acquainting him that the Chief of the Catawba Indians had complained to him in Council of their being interrupted in hunting and meeting with other acts of unkindness from our people in this Province and desiring that the Rights reserved to the Indians by the Treaty made at Augusta in the year 1763 might be known to them.

———


At a Council held at New Bern 18th December 1773.
Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis H. DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire
-------------------- page 790 --------------------

Upon a Complaint of the Chief of the Tuscarora Indians that one William King had entered upon and committed waste upon the Lands lying on the North side of Moratuck which lands were granted to Col. Needham Bryan by the Lords proprietors upon the failure of that nation of Indians and afterwards confirmed to him by the Legislature of this Province, it was the opinion of this Board that His Excellency should write a letter to Mr Wm King to remove off the Land or shew cause why he had possession of it.

———


At a Council held at New Bern 21st December 1773.
Present
His Excellency the Governor and Council as above.

Read a petition of several persons who had obtained patents for parcels of Land contained within a Barony the property of John Campbell Esquire in the County of Mecklenburg upon a supposition that the Land so patented had been surrendered to the Crown by Henry E. McCulloh Esqr as agent to the said John Campbell in the Year 1765 praying that he might be called upon to acknowledge the said surrender.

Mr Campbell being examined and declaring that he had never made or consented to such a surrender the Secretary was directed to search the Records in his Office and certify if any deed of surrender of the Lands is to be found there.

It appeared upon search that no such surrender had actually been made altho' by a minute in the Council Journals on the 29th of November 1767 the Attorney General was directed to prepare a deed for that purpose.

———


At a Council held at New Bern December 22d 1773.
Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis H. DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire &
The Honble Samuel Cornell Esquire

The Governor having prorogued the General Assembly of this Province yesterday thought fit to communicate to this Board the following reasons for that measure, That seeing the Assembly determined to adopt no plan for the constitution of Superior Courts of

-------------------- page 791 --------------------
Justice and considering the Inferior Court Bill then depending that had an inseparable connexion with the Superior Judicature as nugatory in itself and inconsistent with good Policy and that the Assembly had discovered a temper throughout their Session from whence more violent and offensive steps might be apprehended, if that House continued sitting, He conceived it more expedient and conducive to the welfare of this Province to prorogue the Assembly on the failure of the Superior Court Act, than to detain the Legislature longer at so great expence to the Country until the other Bills of little or no consequence without the establishment of Courts could be prepared and offered for his Assent and desired the candid sentiments of this Board of his conduct, formed upon these Principles.

The Board taking into Consideration the motives of His Excellencys Conduct in proroguing the Assembly were satisfied of the expediency and propriety of the measure.