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Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
March 02, 1774 - March 25, 1774
Volume 09, Pages 831-874

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

North Carolina—Ss.

At an Assembly began and held at New Bern the fourth day of December in the fourteenth year of His Majesty's Reign and continued by prorogation until the second day of March Anno Dom. 1774.

In the upper House.
Present
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
and
The Honble Martin Howard Esquire.

His Excellency the Governor met the Members of the Upper House in the Council Chamber at the palace and commanded the immediate attendance of the Speaker and Gentlemen of the lower House of Assembly, who thereupon attended, and then His Excellency made to both Houses the following Speech, Vizt

Gentlemen of His Majestys Honble Council, Mr Speaker and Gentlemen of the House of Assembly,

The sincere grief I feel for the calamitous circumstances of this Colony, and my most ardent desire to restore its prosperity could only induce me to call you together, at a season not perfectly convenient to your private affairs; to which I shall always pay attention, that is consistent with the public welfare, and as I persuade myself you are no less zealous for the honor and interest of your Country, I cannot doubt of your wishing for opportunity to deliver it from the disgrace and ruin to which it is now and has been long exposed, by the total privation of every judicial power, and that you will with true public spirit postpone all lesser considerations, to the redemption of its credit and reputation.

-------------------- page 832 --------------------

I presume I meet the Assembly fully informed of the sense of its constituents, relative to the difficulties that have arisen concerning the Court Laws, and unhappily rendered your two last Sessions abortive, and I shall rejoice to find it inclines the representatives of the people to accept the modifications I proposed at the last Session with respect to attachments, which have been assuredly designed by Government for the good of this Colony. But if contrary to my wishes, they are yet deemed inexpedient, I have that confidence in your regard for the welfare of this province that leads me to hope you will not longer make the obtaining a point (that you know is utterly out of my power to yield) the indispensible condition of passing Laws for the General administration of Justice, in comparison of which the matter contended for, allowing it all the utility and importance its warmest advocates ascribe to it, is of very little consequence: and I am the more confirmed in this expectation since I find by the Journals of the last Session that the House of Assembly has petitioned the Throne on the subject.

The law of attachment in every other Colony as far as I have been able to inform myself, makes no part of the General plan for the distribution of Justice, but it is in all a separate and distinct provision. Because it has been for a short term of years, woven into the temporary Court Laws here, it surely does not seem either necessary or expedient that it be still incorporated in those fundamental constitutions, and I flatter myself you will think with me, that it is irreconcilable to every idea of good policy to renounce all security of the public peace, credit and happiness; every protection of the lives and properties of a whole people for a circumstance, so clearly, so confessedly unessential.

I am not authorized to propose to your anything new on this subject, and if after mature, dispassionate consideration you shall not think proper to receive the law of attachment according to the regulations I offered it to you at the last Session there can be no objection I conceive to framing Laws immediately, for the permanent establishment of Courts of Justice, upon the most liberal, equitable, and beneficial plan you may; leaving the matter that has so long unfortunately embarrassed your deliberations to be provided for hereafter, when you shall know the result of your application to his Majesty, from whose Grace you may then better expect any further indulgence that shall be found reasonable and constitutional. For my part I do assure you Gentlemen, I shall heartily rejoice in every extension

-------------------- page 833 --------------------
of the Royal favor that is conducive to the prosperity of this Colony, in which I feel myself sincerely interested, and in the mean time you may depend on my most cheerful concurrence in any constitution of Courts that is self consistent and competent to the due administration of Justice and not repugnant to my duty.

By such a conduct as I have recommended to you Gentlemen, you will resque your Country from a most deplorable and disgraceful State, to which it is reduced. You will restore its credit and commerce that have of late sensibly declined, and you will discharge the duty you owe your constituents, by doing what is in your power for the advancement of their interest and happiness. To adopt no system for the administration of Justice is to abandon your Country a prey to disorder to rapine and violence, of which you have a flagrant and alarming instance in the barbarous and inhuman murder lately perpetrated at Cross Creek in the County of Cumberland. That is perhaps only a shocking prelude to scenes still more flagitious and tragical, if the hands of Justice continue longer disarmed by the suspension of the executive power of the Law.

The reports of hostilities committed by the Indian Nation on the back part of the Southern Colonies are alarming, and I think it my duty to recommend to you to provide for the security of this province during your recess, lest the present discontents of those savage people terminating in an open rupture, they should spread desolation in this Colony, before you can meet again to prepare for its defence. I have written to His Majesty's superintendant of Indian affairs for further information upon this subject, and I shall communicate to you any intelligence I may receive in the course of your Session.

Gentlemen of the House of Assembly. The Establishment of Fort Johnston has been found so essentially necessary for the protection of Cape Fear River, one of the principal channels of the commerce of this Country, that I cannot doubt your support of it, and as some repairs are needful for the safety of the place and the accomodation of the Garrison, I shall order an Estimate of their expence to be laid before you, assured that you will make such provision for these purposes as may seem expedient.

Gentlemen of His Majesty's Honorable Council, Mr Speaker and Gentlemen of the House of Assembly. As I am sensible that the present season urgently calls for your attention to your domestic affairs I shall be happy to see the public business conducted with

-------------------- page 834 --------------------
all the dispatch that is consistent with its importance, to which there is nothing so conducive as a perfect harmony among the several branches of the legislature, that it is the reciprocal duty of each to cultivate, and which I shall ever on my part studiously endeavor to maintain.

JO. MARTIN.

New Bern March 2nd 1774.

On motion ordered that His Excellency's Speech be read. The same was accordingly read and taken under consideration and thereupon ordered that the Honorable Samuel Strudwick and Martin Howard Esquires be appointed a Committee of this House to draw up an address in answer to the Governor's Speech.

The House adjourned till 10 oClock tomorrow morning.


Thursday 3rd March 1774.

The House met according to adjournment.

Present
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
and
The Honble Martin Howard Esquire.

The House adjourned till 10 oClock tomorrow morning.


Friday 4th March 1774.

The House met according to adjournment.

Present
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.

The House adjourned till 10 oClock tomorrow morning.


Saturday 5th March 1774.

The House met according to adjournment.

Present
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.

The Committee appointed to draw up an address in answer to his Excellency's Speech reported that they had prepared the same, which was ordered to be read. The same was read and approved of, and was ordered entered on the Journals of this House as follows Vizt

-------------------- page 835 --------------------

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

May it please your Excellency,

We the members of his Majesty's Council of said province return our thanks to your Excellency for your speech at opening this session.

We sincerely unite with your Excellency in the very just reflections you make upon the calamitous circumstances of this Colony.

If the attachment law contended for was of ever so great an acknowledged utility, yet we cannot conceive why the not obtaining it should in any view of policy or upon any principles of love to our Country be considered as a reason for abandoning all we possess to rapine and disorder.

But that his Majesty's Council may stand aquitted to your Excellency, and to all the World, from being any ways accessory to that state of anarchy into which this Colony has fallen; we do now assure you Sir, that we will concur in any expedient to redeem it from its present unhappy and disgraceful condition, and to this end we are ready for our parts either to ingraft into the Establishment of Courts, the attachment Law upon the terms proposed by His Majesty; or leave it hereafter to be modified when His Majesty's pleasure shall again be signified to us upon that subject.

If however neither your Excellency's affectionate wishes and endeavours, nor our hearty concurrence with you, can yet be effectual to obtain either of these desirable alterations, we must patiently submit to those evils we cannot remove, supported by a conciousness of having done all in our power to serve our Country.

The reports of Hostilities committed by the Indians are alarming, and if the intelligence your Excellency has received should be confirmed with any further circumstances of danger, it will be the duty of the Legislature to make provision for our safety, in which as well as in every other measure recommended by your Excellency for the defence of this province, we shall readily concur.

By order
JOHN HAWKS, Clk.

In the upper House 5th March, 1774.

Then the House adjourned till 10 oClock Monday Morning.

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Monday 7th March 1774.

The House met according to adjournment

Present
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.

Received from the Assembly by Mr Polk and Mr Benbury the following Bills, Vizt

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

Read the first time and passed.

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

On motion read the first time and passed.

Received from the Assembly by Mr McCulloch and Mr Ward,

A Bill to amend the staple of Tobacco and prevent frauds in his Majesty's Customs.

On motion read the first time and passed.

Received from the Assembly by Mr Field and Mr Wm Moore,

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

On motion read the first time and passed.

Received from the Assembly by Mr Hart and Mr Bright,

A Bill for appointing a Militia.

On motion read the first time and passed.

Received from the Assembly by Mr Hatch and Mr Spicer the following Bills Vizt

A 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.

On motion read the first time and passed.

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

On motion read the first time and passed.

The House adjourned till 10 oClock tomorrow morning.


Tuesday 8th March 1774.

The House met according to adjournment.

-------------------- page 837 --------------------
Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis 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

Received from the Assembly by Mr Simpson and Mr Moore,

A Bill for establishing Courts of Oyer and Terminer and General Gaol delivery, and directing the mode of appointing Jurymen and regulating other proceedings therein.

On motion read the first time and passed.

Received from the Assembly by Mr McKnight and Mr Hewes,

A Bill for vesting in certain persons therein named two acres of Land at Belville in Currituck County as Trustees for erecting a Chapel thereon and for enclosing a burying ground.

On motion read the first time and passed.

Received from the Assembly by Mr Spicer and Mr Thomson,

A Bill to restrain fishing with seins in New river in Onslow County.

On motion read the first time and passed.

Received from the Assembly by Mr Salter and Mr Kenan the following Bills, Vizt,

A Bill to continue an Act intituled an Act for repairing the Gaol for the district of Halifax in the Town of Halifax.

On motion read the first time and passed.

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

On motion read the first time and passed.

The President, attended by the House, waited on His Excellency at the palace and presented him with their address to which His Excellency was pleased to return the following Answer, Vizt,

Gentlemen of His Majesty's Honorable Council,

I return you my hearty thanks for this address.

The sense you express of the calamitous State of this Country, your good dispositions to minister to its relief, to the utmost of your power; and your dutiful and entire confidence in the justice of our most Gracious Sovereign, distinguish you at once as friends to order and Government, and true well-wishers to the interest and happiness of your Country.

-------------------- page 838 --------------------

I shall not fail you may be assured Gentlemen, to report most faithfully to His Majesty, upon every occasion, the services of the members of the Council of this Province, on whose support of the just measures of His Majesty's Government I have the firmest reliance.

JO. MARTIN.

New Bern March 8th 1774.

Received from the Assembly by Mr Ben Harvey and Mr Ormond the following message Vizt,

Gentlemen of His Majesty's Honorable Council,

This House have appointed Mr Ashe, Mr Martin, Mr Rutherford, Mr McKnight, Mr Caswell, Mr Ferquhar Campbell, Mr Haywood, Mr William Person, Mr Lock, Mr John Rowan, Mr Benjamin Harvey and Mr Ormond a Committee of this House to settle and allow public claims in Conjunction with such of your Honors as you shall think fit to appoint.

JOHN HARVEY, Speaker.

In the Assembly 8th March 1774.
By order
James Green, Jun., Clk.

Received from the Assembly by Mr T. Jones and Mr Hart the following Bills Vizt,

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

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

The House adjourned till 10 oClock tomorrow morning.


Wednesday 9th March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alex McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Samuel Strudwick Esquire.
The Honble Martin Howard Esquire.

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

Mr Speaker and Gentlemen of the Assembly,

In answer to your message relative to the committee this House have appointed the Honorable Lewis DeRosset, John Sampson and

-------------------- page 839 --------------------
Martin Howard Esquires a Committee of this House to settle and allow public claims.

In the Upper House 9th March 1774.

By order
JOHN HAWKS, Clk.

Received from the Assembly the estimate of that House for December Sessions 1773, which was on motion read, concurred with and sent back.

Then on motion the Estimate of this House was taken under consideration, approved of and sent to the Assembly for their Concurrence.

Received from the Assembly by Mr Moore and Mr Hunt the following Bills Vizt,

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

On motion read the first time and passed.

A Bill for appointing commissioners for building a Court House prison and Stocks for the County of Tryon and for establishing a boundary line between the Counties of Tryon and Mecklenburg.

On motion read the first time and passed.

A Bill to amend an Act intituled an Act for the better observation and keeping of the Lords day, commonly called Sunday and for the more effectual suppression of vice and immorality.

On motion read the first time and passed.

Received from the Assembly by Mr Frazier and Mr Spruil,

A Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and parish.

On motion read the first time and passed.

Received from the Assembly by Mr Alston and Mr Shepard the following Bills Vizt

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

On motion read the second time and passed.

A 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.

On motion read the second time and passed.

Received from the Assembly by Mr Hatch and Mr Hovey,

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

-------------------- page 840 --------------------

On motion read the second time and passed.

Received from the Assembly by Mr John Johnston and Mr Stanly,

A 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.

On motion read the first time and passed.

Received from the Assembly by Mr Wm Person and Mr Ward,

A Bill to amend the staple of Tobacco and prevent frauds in his Majesty's Customs.

On motion read the second time and passed.

Received from the Assembly by Mr Harnett and Mr Ashe,

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

On motion read the second time and passed.

Received from the Assembly by Mr Hatch and Mr Salter the following Bills and Resolve, Vizt,

A Bill to amend an Act for laying out a Town on the lands of Richard Evans in Pitt County by the name of Martinborough and for rendering [removing] the Court House, prison and Stocks into the said Town.

On motion read the first time and passed.

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.

On motion read the first time and passed.

Gentlemen of His Majesty's Honorabe Council,

Joseph Hughes having exhibited to the last Session of Assembly this petition setting forth the services he had rendered the public in pursuing certain robbers mentioned in the said petition apprehending one of them, the expense he had been at in performing the same and having made these facts appear to the satisfaction of the House, they entered into a Resolve for allowing the said Joseph Hughes the sum of one Hundred and fifty pounds, which resolve being sent to the Honorable Council was not returned by them before the prorogation of the Assembly, This House therefore having again taken the same under consideration, Resolve that the said Joseph Hughes be allowed the sum of one hundred and fifty pounds for the said services

-------------------- page 841 --------------------
and that the public Treasurers or either of them pay him the same and be allowed the same in their Accounts with the public, to which we desire your Honors concurrence.

JOHN HARVEY, Speaker.

In the Assembly 8th March 1774.
By order
James Green, Junr Clk.

In the upper House 10th March, 1774. Concurred with.
JAMES HASELL, P. C.
By order
John Hawks, Clk.

Received from the Assembly by Mr Everigin and Mr Perkins,

A Bill for vesting in certain persons therein named two Acres of Land at Belville in Currituck County, as Trustees for erecting a Chapel thereon and for inclosing a burying ground.

On motion read the second time and passed.

Received from the Assembly by Mr Thos Person and Mr Hunt,

A Bill for the further continuing an Act intituled an Act concerning Vestries.

On motion read the first time and passed.

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

The House adjourned till 10 oClock tomorrow morning.


Thursday 10th March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Saml Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Lanier and Mr Hearring,

A Bill for establishing a Court of Oyer and Terminer and General Gaol delivery and directing the mode of appointing Jurymen and regulating other proceedings therein.

Received from the Assembly by Mr Person and Mr Hunt the following Bills, Vizt

A Bill to amend an Act intituled an Act for building a Court House in the Town of Salisbury for the district of Salisbury.

On motion read the first time and passed.

-------------------- page 842 --------------------

A Bill to oblige the prosecutors of offences not capital to pay the costs of prosecution when the defendant shall be acquitted.

On motion read the first time and passed.

Received from the Assembly by Mr Person and Mr Spicer

A Bill for altering the dividing lines between the Counties of Rowan, Mecklenburg and Tryon.

On motion read the first time and passed.

A Bill to restrain Fishing with Seins in New River in Onslow County.

On motion read the second time and passed.

Received from the Assembly by Mr Robinson and Mr Parker,

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

On motion read the first time and passed.

A Bill to amend an Act intituled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgcombe, Northampton, Hertford, Tyrrel, Craven and Pitt.

On motion read the first time and passed.

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

On motion read the first time and passed.

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 same was read a second time, amended and passed.

Received from the Assembly by Mr Hovey and Mr Brown

A Bill in addition to an Act intituled an Act to prevent the Exportation of unmerchantable Commodities.

On motion read the first time 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 same was read the second time, amended and passed.

The House adjourned till 10 oClock tomorrow morning.


Friday 11th March 1774.

The House met according to adjournment.

-------------------- page 843 --------------------
Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Faqr Campbell and Mr Stanly,

A Bill for dividing the province into six several districts and for establishing a Superior Court of Justice in each of the said dictricts.

Received from the Assembly by Mr McAnnelly and Mr Bright,

A Bill for further continuing an Act intituled an Act for appointing a printer to this province.

On motion read the first time and passed.

A Bill in addition to an Act intituled an Act to prevent the Exportation of unmerchantable Commodities.

On motion read the second time and passed.

Received from the Assembly by Mr Coor and Mr Hatch,

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.

On motion read the second time amended and passed.

Received from the Assembly by Mr Moore and Mr Robinson the following Bills Vizt

A Bill to amend an Act intituled an Act for building a Court House in the Town of Salisbury for the district of Salisbury.

On motion read the second time and passed.

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

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Simpson and Mr Hearring,

A Bill for dividing the parish of St Marys in the County of Edgecomb into two distinct parishes.

On motion read the first time and passed.

Received from the Assembly by Mr McCulloch and Mr Rogers the following Bills Viz

A Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct parishes.

On motion read the first time and passed.

-------------------- page 844 --------------------

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

On motion read the second time and passed.

Received from the Assembly by Mr Person and Mr Lanier,

A Bill to amend the Staple of Tobacco and prevent frauds in His Majesty's Customs.

On motion read the third time and passed. Ordered to be engrossed.

On motion ordered the following Messagebe sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly,

Upon the third reading of the Bill for establishing Superior Courts, this House do not agree to the amendments you have made, and propose as a temporary relief to the present distressed State of the province, that the Establishment of Courts of Justice, the Laws of foreign Attachment, and the repeal of the fee Bill of 1748, be all in separate Acts, that the Establishment of Courts be only for a year, and that the attachment Law drawn up as shall be most agreeable to your House, as also the repeal of the fee Bill, both pass under a suspending Clause. This House request the opinion of your House upon this proposal.

In the upper House 11th March 1774.

By order
JOHN HAWKS, Clk.

Received from the Assembly by Mr Frazier and Mr Parker,

A Bill for appointing Commissioners to erect a Court House, prison and stocks in the County of Guiford.

On motion read the first time and passed.

Received from the Assembly by Mr John Johnston and Mr Hunter,

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

On motion read the second time amended and passed.

Received from the Assembly by Mr Tignal Jones and Mr Benbury,

A Bill for establishing Triennial Assemblies.

On motion read the first time and passed.

Received from the Assembly by Mr Joseph Jones and Mr Jordan,

A Bill in addition to an Act intituled an Act to encourage the

-------------------- page 845 --------------------
destroying of vermin in the several Counties therein mentioned, passed in the year 1773.

On motion read the first time and passed.

Received from the Assembly by Mr McCulloch and Mr Hunter,

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

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Benj Harvey and Mr Benbury,

A Bill to enable the Justice in the several Counties of this Colony to make provision for the poor where the vestries in their respective parishes have neglected to do the same.

On motion read the first time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday 12th of March 1774.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr McCulloch and Mr Hart the following Message Vizt

Gentlemen of His Majesty's Honorable Council,

This House having considered your Message of this day relative to the Bill for establishing a Superior Court observe with sincere concern that the proposals made by you with respect to the Establishment of Courts are such as offer nothing more favorable to the Inhabitants of this province than what they rejected at the last Session of Assembly.

With respect to the foreign attachments being made the subject of a Law, distinct from the General body of the Court Laws and that under a suspending clause, we can by no means assent to it as it leaves this important point which has been so zealously and justly contended for by this House in a situation which affords not the smallest probability of our hereafter obtaining it upon the ample

-------------------- page 846 --------------------
and liberal footing which the Trade of this Province and the relation it has to the neighbouring Colonies require.

The clause relative to the fee Bill we cannot relinquish as it gives a mode of provision for the Chief Justice precarious in itself and not suited to the dignity of that respectable office. We have already a Law in force which gives a liberal Salary to that Officer, and upon the expiration thereof, We shall not fail again to provide a salary in a manner that may not be unworthy the acceptance of the Chief Justice of this province.

JOHN HARVEY, Speaker.

In the Assembly 11th March 1774.
By order
James Green, junr Clk.

Received from the Assembly by Mr Hatch and Mr Shepard,

A Bill for further continuing an Act intituled an Act for appointing a printer to this Province.

On motion read the second time and passed.

Received from the Assembly by Mr Stewart and Mr Spruil the following Bills, Vizt,

A Bill to amend an Act intituled an Act for Building a Court House in the Town of Salisbury for the district of Salisbury.

On motion read the third time and passed. Ordered to be engrossed.

A Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and parish.

On motion read the second time and passed.

Received from the Assembly by Mr Coor and Mr Frazier,

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.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Field and Mr Parker,

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

On motion read the second time and passed.

Received from the Assembly by Mr Robinson and Perkins,

A Bill to enforce an Act intituled an Act to encourage the destroying of vermin in the several Counties therein mentioned, passed in the year one thousand seven hundred and seventy three.

-------------------- page 847 --------------------

On motion read the second time and passed.

Received from the Assembly by Mr Person and Mr Rogers,

A bill to amend an Act entitled an Act concerning Vestries.

On motion read the second time and passed.

Received from the Assembly by Mr Moore and Mr Jordan,

A Bill for appointing Commissioners for building a Court House, prison and stocks for the County of Tryon and for establishing a boundary line between the Counties of Tryon and Mecklenburg.

On motion read the second time and passed.

Received from the Assembly by Mr Polk and Mr Lanier the following Bills, Vizt

A Bill for establishing a Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town.

On motion read the first time and passed.

A Bill to amend an Act for dividing the Northern part of Rowan County and erecting a new County by the name of Surry County and St. Jude's parish.

On motion read the first time and passed.

Received from the Assembly by Mr Tignal Jones and Mr Rogers the following Bills, Vizt

A Bill to facilitate the navigation of Neuse River.

On motion read the first time and passed.

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

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr McCulloch and Mr Stewart the following Bills,

A Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct parishes.

On motion read the second time and passed.

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

On motion read the second time and passed.

Received from the Assembly by Mr Robinson and Mr Picket the following Bills, Vizt

A Bill to prevent counterfeiting the paper money of this and the other British Colonies, &c., in this Province.

On motion read the third time and passed. Ordered to be engrossed.

-------------------- page 848 --------------------

A Bill to prevent the pernicious practice of hunting with a gun in the night by fire light.

On motion read the first time and passed.

A Bill to amend an Act intituled an Act to encourage the Building of public Mills and directing the duty of Millers.

On motion read the first time and passed.

Received from the Assembly by Mr Simpson and Mr Jos. Jones the following Bills, Vizt

A Bill to amend an Act for the laying out a Town on the Lands of Richard Evans in Pitt County by the name of Martinborough and for removing the Court House, prison and stocks into the said Town.

On motion read the second time and passed.

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

On motion read the third time and passed. Ordered to be engrossed.

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

On motion read the second time and passed.

Received from the Assembly by Mr Coor and Mr Ormond the following Bills, Vizt

A Bill to amend an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgecomb, Northampton, Hertford, Tyrrel, Craven and Pitt.

On motion read the second time and passed.

A Bill in addition to an Act intituled an Act to prevent the exportation of unmerchantable commodities.

On motion read the third time and rejected.

The House adjourned till 10 oClock on Monday morning.


Monday 14th March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire
-------------------- page 849 --------------------

Received from the Assembly by Mr Person and Mr Hunt,

A Bill directing the method of appointing Jurors in all cases civil and Criminal.

On motion read the first time and passed.

Received from the Assembly by Mr Hunt and Robinson,

A Bill to oblige the prosecutors of offences not capital to pay the costs of prosecution where the defendant shall be acquitted.

On motion read the second time and passed.

On motion ordered the following message be sent to the Assembly, Vizt,

Mr Speaker and Gentlemen of the Assembly,

This House sincerely desirous to relieve this province from its present unhappy circumstances, is induced once more to recommend to your House a reconsideration of the Bill for establishing Superior Courts now lying before us upon the third reading, and we cannot yet be persuaded to relinquish the hopes we entertain, that from the wisdom and virtue of the people's Representatives, something may yet rise up to stay the ruin of this Country.

We mean to allow attachments to the Inhabitants of this province, to the same intent as they are enjoyed by any of His Majesty's Subjects in England.

In the instance now under contemplation, we have claimed and adopted all that ever was claimed or enjoyed in that kingdom and we have Just cause to apprehend that every step which would carry us further than the limits the English Constitution allows of, in this matter, must lead to error fraud and injustice.

The clause limiting the Jurisdiction of the Superior Courts we cannot agree to, because we think it reasonable that all His Majesty's Subjects should be left at liberty to prosecute either in the Superior, or Inferior Courts, as they may chuse, and because we think it inconsistent in one and the same Bill, to give the Superior Courts all the powers incident to the King's Courts at Westminster, and at the same time limit that power in a manner unknown to those Courts.

With regard to the Fee Bill of 1748 we consider it as a solemn grant made by the Legislature of this province of certain fees and perquisites to the Chief Justice for the time being, as a reward for his Services. To take from that Officer this permanent Security for his support, without rendering him an equivalent, is not reconcilable to

-------------------- page 850 --------------------
any idea we can entertain of Equity or Justice. Nevertheless as this House are willing as far as in them lies, to remove every difficulty which may obstruct the Establishment of Courts, and as some sacrifice may be made, where so much good is to be obtained, they again offer to concur with your House in a separate Act to repeal the said fee Bill, provided a clause be subjoined suspending the said repeal till the King's pleasure shall be known.

If what we now offer shall be thought inadequate to the views of your House, we can go no further, we must submit the rectitude of our conduct to be decided at some future time when the ardor of contest shall have subsided, and when the terms we are willing to comply with, and the objections which are made to them shall be impartially weighed.

By order
JOHN HAWKS, Clk.

In the upper House 14th March 1774.

Received from the Assembly by Mr Martin and Mr Field the following Bills Vizt,

A Bill for dividing the parish of St Marys in the County of Edgecomb into two distinct parishes.

On motion read the second time and passed.

A Bill for appointing Commissioners to erect a Court House, prison and stocks in the County of Guilford.

On motion read the second time and passed.

Received from the Assembly by Mr Smithwick and Mr Frazier the following Bills Vizt,

A Bill for further continuing an Act intituled an Act for appointing a printer to this province.

On motion read the third time and passed. Ordered to be engrossed.

A Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct county and parish.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Johnston and Mr Lanier the following Bills, Vizt,

A Bill to amend an Act for dividing the Northern part of Rowan County and erecting a new County by the name of Surry and St. Jude's parish.

On motion read the second time and passed.

-------------------- page 851 --------------------

A 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.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Polk and Mr Parker,

A Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town.

On motion read the second time and passed.

Received from the Assembly by Mr Parker and Mr McAnnelly,

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

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Moore and Mr Perkins the following Bills, Vizt,

A Bill for appointing Commissioners for building a Court House, prison and stocks for the County of Tryon and for establishing a boundary line between the Counties of Tryon and Mecklenburg.

On motion read the third time and passed. Ordered to be engrossed.

A Bill for dividing the Parish of Edgecomb in the County of Halifax into two distinct parishes.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Ormond and Mr Latham,

A Bill to prevent the wilful and malicious killing of Slaves.

On motion read the second time, amended and passed.

Received from the Assembly by Mr Williamson and Mr Bright,

A Bill to enforce an Act intituled an Act to encourage the destroying of vermin in the several counties therein mentioned, passed in the year one thousand seven hundred and seventy three.

On motion read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday 15th March 1774.

The House met according to adjournment

-------------------- page 852 --------------------
Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis 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
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Gray and Mr Bryan the following Bills Vizt,

A Bill to inforce an Act intituled an Act for preventing the frequent abuses in taking up and secreting stray Horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgecomb, Northampton, Hertford, Tyrrell, Craven, and Pitt and the County of Chatham.

On motion read the third time and passed. Ordered to be engrossed.

A Bill to oblige Vessels having infectious distempers on Board to perform the quarrentine.

On motion read the first time and passed.

Received from the Assembly by Mr Reding and Mr Rogers,

A Bill to regulate and ascertain the fees of the Clerks of the pleas in the Superior and Inferior Courts in this Colony directing the method of paying the same and for taxing Law Suits.

On motion read the first time and passed.

Received from the Assembly by Mr Knox and Mr Benjn Harvey,

A Bill to amend and further continue on Act intituled an Act concerning Vestries.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Rogers and Mr C. Robinson,

A Bill to facilitate the navigation of Neuse River.

On motion read the second time and passed.

Then the House adjourned till 10 oClock tomorrow morning.


Wednesday 16th March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire
-------------------- page 853 --------------------

Received from the Assembly by Mr Lanier and Mr Rogers the following Bills, Vizt,

A Bill to facilitate the navigation of Neuse River.

On motion read the third time and passed. Ordered to be engrossed.

A Bill to amend an Act for dividing the Northern part of Rowan County and erecting a New County by the name of Surry County and St. Jude's parish.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr McCulloch and Mr Benbury the following message, Vizt

Gentlemen of His Majesty's Honorable Council,

In answer to your message of yesterday relative to the Superior Court Bill now before you on its third reading, We inform you this House has once more entered into the consideration of the matters you therein recommend to us, and propose Clauses to be inserted in the said Bill relative to attachments to the following effect, Vizt,

And be it further enacted by the authority aforesaid, that it shall be lawful for the Chief Justice or either of the Justices of the Superior Courts, or any Justice of an Inferior Court to grant an attachment upon the complaint of any person, his, her, or their Attorney, or Agent, against the Estate of what nature or kind soever of any person, or persons, wherever the same may be found, or in the hands of any person or persons indebted to, or having effects of the person or persons, against whom the attachment is granted, or so much thereof as shall be sufficient to satisfy the complaint and Costs that may arise thereon, which attachment shall be returnable to the Court where the debt or matter is cognizable, and such proceedings shall be had thereon as on an attachment on a return of Non est inventus by the Sheriff.

Provided always, that before such attachment issues, whether original or judicial, due proof shall be made upon Oath of the Defendant's absconding with an intention to avoid the payment of the debt so far as his intentions may be judged from the following circumstances, which shall be considered as the due proof hereby required, and on which an attachment shall be granted—that is to say

-------------------- page 854 --------------------

Where the Defendant resided out of this province or never was in it, and fails or neglects to discharge his debt, contract or agreement.

Or where he has removed himself out of his Country privately or absconds or conceals himself from the ordinary process of Law, as the plaintiff suspects to avoid the payment of the debt.

And also in any other circumstances which may occur and can be deemed by the Magistrate granting the Attachment, the due proof hereby required.

Provided also that no attachment shall be granted, except where the cause of action (by the most liberal construction in favour of the plaintiff inhabitant of this province) can be construed to arise within the Colony, and before the defendant shall be suffered to plead, he or his Attorney shall give bail to a new suit or action if the plaintiff judges one necessary.

The clause limiting the jurisdiction of the Superior Courts we can by no means part with, as leaving the plaintiff at large to bring his action for small sums in the Superior Court would be oppressive and distressing to the poor debtor.

We cannot agree to dele the clause repealing the fee Bill of 1748 for the reasons set forth in our Message of the 11th Instant.

If you will accept the clauses relative to attachment by us now proposed, upon signifying the same to this House, We will send some of our Members to see the same inserted, and the Bill made conformable thereto; and if what we now offer shall be thought insufficient we can go no further, this message containing those sentiments from which we cannot depart.

JOHN HARVEY, Speaker.
By order
James Green, Junr Clk.

In the Assembly 15th March 1774.

Received from the Assembly by Mr Robinson and Mr Picket,

A Bill to impower the Justices of Bladen County to hold the Inferior Court of pleas and quarter Sessions in the Town of Elizabeth in the said County.

On motion read the first time and passed.

Received from the Assembly by Mr Shepard and Mr Field the following Bills Vizt

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

-------------------- page 855 --------------------

On motion read the second time amended and passed.

A Bill to prevent the willful and malicious killing of slaves.

On motion read the third time and passed.

Received from the Assembly by Mr Stewart and Mr Hunter the following Bills Vizt,

A Bill for establishing Triennial Assemblies.

On motion read the second time and rejected.

A Bill for dividing the parish of St Marys in the County of Edgecomb into two distinct parishes.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Simpson and Mr Salter the following Bills Vizt,

A Bill to amend an Act for laying out a Town on the lands of Richard Evans in Pitt County by the name of Martinborough and for removing the Court House prison and stocks into the said Town.

On motion read the third time and passed. Ordered to be engrossed.

A Bill to impower the Justices of Bladen County to hold Inferior Court of pleas and quarter Sessions in the Town of Elizabeth in the said County.

On motion read the second time and passed.

Received from the Assembly by Mr Bright and Mr Frazier,

A Bill to oblige vessels having infectious distempers to perform their Quarrentine.

On motion read the second time amended and passed.

Received from the Assembly by Mr Hunter and Mr Field,

A Bill to oblige the prosecutors of offences not Capital, to pay the Costs of prosecution where the defendant shall be acquitted.

On motion read the third time and rejected.

The House adjourned till 10 oClock tomorrow morning.


Thursday 17th March 1774.

The House met agreable to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alex McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

Received from the Assembly by Mr Robinson and Mr McAnnelly,

-------------------- page 856 --------------------

A Bill to impower the Justices of Bladen County to hold Inferior Courts of pleas and quarter Sessions in the Town of Elizabeth in the said County.

On motion read the third time and passed. Ordered to be engrossed.

Received from His Excellency the Governor the following message,

Mr President and Gentlemen of His Majesty's Council,

Having observed upon your Journals of yesterday that the House of Assembly in its message upon the Court Bill now depending, persists in retaining the Clause limiting the Jurisdiction of the Superior Courts, which by your message of the fourteenth Instant to that House is with just regard to His Majesty's Royal Instruction to me upon the Subject before communicated to you, absolutely rejected; I think it my duty Gentlemen, as the point is nevertheless still agitated, to lay before you now, a copy of that Instruction, which is conceived in words so express and plain that I am persuaded you will never think it consistent with your duty to His Majesty to advise me to offend against it.

I take this occasion also Gentlemen to communicate to you the 18th Article of His Majesty's General Instructions to me which you will find applies to the proposition of repealing the Fee Bill of 1748 now under your consideration.

Extracts from His Majestys Royal Instruction relative to the Jurisdiction of the Courts of Justice

The King will not consent that the Jurisdiction of His Superior Courts should be limited in cases of any value whatever.

18th Article of His Majesty's General Instruction—

And whereas several Laws have formerly been enacted, in several of our plantations in America, for so short a time, that our assent or refusal thereof Could not be had thereupon, before the time for which such Laws were enacted did expire, You shall not therefore give your Assent to any Laws that shall be enacted for a less time than two years, except in the cases hereinafter mentioned; and you shall not re-enact any Law to which the Assent of us or our Royal predecessors has once been refused, without express leave for that purpose first obtained from us, upon a full representation by you to be made to us by one of our principal Secretarys of State, of the

-------------------- page 857 --------------------
reasons and necessity for passing such a Law; nor give your assent to any Law for repealing any other Law passed in your Government, whether the same has or has not received our Royal approbation, unless you take care that there be a clause inserted therein suspending and deferring the Execution thereof until our pleasure shall be known concerning the same.

JO. MARTIN.

Received from the Assembly by Mr Williamson and Mr Perkins,

A Bill for vesting in certain persons therein named two Acres of Land at Belville in Currituck County as trustees for erecting a Chapel thereon and for enclosing a burying ground.

On motion read the third time and passed. Ordered to be engrossed.

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

Mr Speaker and Gentlemen of the Assembly,

This House have taken into consideration your proposals of yesterday relative to the amendments to be made in the Superior Court Bill, agree thereto, and desire some of your members may be sent to see the same inserted.

By order
JOHN HAWKS, Clk.

In the upper House 15th March, 1774.

Received from the Assembly the following Message,

Gentlemen of His Majesty's Honorable Council,

This House have received your Message of this day relative to the amendments by us proposed to be made to the Superior Court Bill, and send Mr Harnett, Mr Thos Jones, Mr Hooper, Mr Martin, Mr McKnight, Mr Samuel Johnston, Mr Edwards, Mr Ormond, Mr Howe, Mr Ashe, and Mr Caswell to see the same made Accordingly.

JOHN HARVEY, Speaker.
By order
James Green, jun'or, Clk.

In the Assembly 17th March 1774.

The amendments proposed to the said Bill was accordingly made in the presence of the Members sent for that purpose, the Bill was then put and passed the third time. Ordered to be engrossed.

-------------------- page 858 --------------------

Received from the Assembly by Mr Polk and Mr Rogers,

A Bill for establishing a Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Benbury and Mr Oldham the following Message and Resolve, Vizt

Gentlemen of His Majesty's Honorable Council,

This House have Resolved that Robert Howe Esquire be allowed the sum of one hundred and ninety one pounds and ten shillings, he having made it appear by the testimony of indifferent and disinterested persons that he lost a sum equal to that in proc. money by fire in the house of Mrs Conway in New Bern, some Sessions past, which was entirely destroyed; 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.
By order
James Green, junr Clk.

In the Assembly 17th March 1774.
In the upper House 17th March, 1774. Concurred with.
JAMES HASELL, P. C.
By order
John Hawks, Clk.

Received from the Assembly by Mr Martin and Mr Field,

A Bill for appointing Commissioners to erect a Court House, prison and stocks in the County of Guilford.

On motion read the third time and passed. Ordered to be engrossed.

The House adjourned till 10 oClock tomorrow morning.


Friday 18th March 1774.

The House met according to adjournment

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloch Esquire
The Honble William Dry Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire
-------------------- page 859 --------------------

Received from the Assembly by Mr Polk and Mr Lock the following Message and Resolve Vizt,

Gentlemen of His Majesty's Honble Council,

This House have Resolved that John Phifer of Mecklenburg County be allowed the sum of twenty one pounds five shillings, he having had a sum equal to that in proclamation money burnt and totally destroyed in the dwelling House the fifth day of March last was twelve months, as appears by indifferent and disinterested testimony, 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, Speaker.
By order
James Green, Jun., Clk.

In the Assembly 17th March 1774.
In the Upper House 18th March 1774. Concurred with.
JAS HASELL, P. C.
By order
John Hawks, Clk.

Received from the Assembly by Mr Knox and Mr Salter

The Reports of the Committee of Claims

Received from the Assembly by Mr Hatch and Mr Coor the following Resolve Vizt

Gentlemen of His Majesty's Honorable Council,

This House Resolved that William Bryan Sheriff of Craven County be allowed the sum of fourteen pounds and eight pence out of the Contingent fund for conveying Spencer Dew from New Bern to Duplin County under Guard, and for sundry irons for felons, 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
By order
James Green, junr Clk.

In the Assembly 18th March 1774
In the Upper House concurred with 18th March 1774.
JAS HASELL P. C.
By order
John Hawks Clk.
-------------------- page 860 --------------------

On motion ordered the Bill for establishing Courts of Oyer and Terminer and General Gaol delivery and directing the mode of appointing jurymen and regulating other proceedings therein, be read. The same was read the second time and passed.

Received from the Assembly by Mr Ormond and Mr Jones,

A Bill directing the method of appointing Jurors in all cases, civil and criminal.

The House adjourned till 10 oClock tomorrow morning.


Saturday 19th March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry Esquire
The Honble Saml Strudwick Esquire
The Honble Martin Howard Esquire
and
The Honble Samuel Cornell Esquire

The House adjourned till 4 oClock P. M.

The House met agreeable to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

His Excellency the Governor was pleased to command the attendance of this House at 5 oClock in the Council Chamber at the palace. They accordingly attended and the Speaker presented to His Excellency for his assent the following Bills, Viz:

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

2.A Bill to continue an Act intituled an Act to amend an Act intituled an Act for the regulation of the Town of Wilmington.

3.A Bill to amend the staple of Tobacco and prevent frauds in His Majesty's Customs.

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

5.A Bill to amend an Act intituled an Act for building a Court House in the Town of Salisbury for the district of Salisbury.

-------------------- page 861 --------------------

6.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.

7.A Bill directing the duty of Sheriffs with respect to insolvent Taxables.

8.A 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.

9.A Bill to impower the Justices of Anson County to establish free ferries and lay a Tax for defraying the charges thereof.

10.A Bill for further continuing an Act intituled an Act for appointing a printer to this Province.

11.A Bill for erecting part of the Counties of Halifax and Tyrrel into one distinct County and parish.

12.A 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.

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

14.A Bill for appointing commissioners for building a Court House prison and Stocks for the County of Tryon and for establishing a boundary line between the Counties of Tryon and Mecklenburg.

15.A Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct parishes.

16.A Bill to inforce an Act intituled an Act to encourage the destroying of vermin in the several Counties therein mentioned, passed in the year 1773.

17.A Bill to inforce an Act intituled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Halifax, Edgcombe, Northampton, Hertford, Tyrrel, Craven Pitt and Chatham.

18.A Bill to amend and further continue an Act intituled an Act concerning Vestries.

19.A Bill to facilitate the navigation of Neuse River.

20.A Bill to amend an Act for dividing the Northern part of Rowan County and erecting a new County by the name of Surry County and St. Jude's parish.

21.A Bill to prevent the wilful and malicious killing of slaves.

-------------------- page 862 --------------------

22.A Bill for dividing the parish of St Marys in the County of Edgecomb into two distinct parishes.

23.A Bill to amend an Act for the laying out a Town on the lands of Richard Evans in Pitt County by the name of Martinborough and for removing the Court House, prison and Stocks into the said Town.

24.A Bill to impower the Justices of Bladen County to hold the Inferior Court of pleas and Quarter Sessions in the Town of Elizabeth in the said County.

25.A Bill for vesting in certain persons therein named two Acres of Land at Belville in Currituck County, as Trustees for erecting a Chapel thereon and for inclosing a burying ground.

26.A Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town.

27.A Bill for appointing Commissioners to erect a Court House prison and stocks in the County of Guilford.

To which Bills His Excellency was pleased to give his assent, Except to the

Bill for dividing the province into six several districts and for establishing a Superior Court of Justice in each of the said Districts, which he was pleased to Reject.

Then His Excellency made to both Houses the following Speech,

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

I have passed all the Bills you have presented to me but one, and that the most important of all.

I can never find myself in a situation more affecting to my sensibility than when the duty I owe my Sovereign opposes my compliance with your wishes. Such Gentlemen is the unhappy predicament to which you have reduced me by offering to me the Bill for Establishing Superior Courts in its present form and upon that principle I have been obliged to withhold my assent to it. I had flattered myself Gentlemen that my open, free and candid communication of His Majesty's Royal Instructions to me on the provisions of that Bill, my repeated assurances to you that my conduct must be regulated thereby, and the sincere inclinations I have constantly expressed and manifested to concur with you in any plans of consistency, not repugnant to them, would have saved me from the tender feelings that now oppress my Heart.

-------------------- page 863 --------------------

If, Gentlemen, the peace and security, the honor and general interests of this Colony are dear to you, consider how much they are at stake; and that you may still provide effectually for their preservation, I am and ever have been ready to meet your desires to the utmost extent of my power. Because that will not admit of my doing all you wish, let it not be reason, Gentlemen, for sacrificing all that is valuable, and to make me longer mourn over the miseries of your Country with a heartfelt devotion to its service.

The deliverance of the province from its present melancholy and distressful state is an object worthy all your devotion, and may the Almighty guide your Councils to the perfect restoration of its prosperity and the greatest advancement of its glory and happiness.

JO. MARTIN.

The House adjourned till 10 oClock on Monday morning.


Monday 21st March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alex McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Bright and Mr Stewart,

A Bill for establishing Courts of Oyer and Terminer and General Gaol delivery, and directing the mode of appointing Jurymen and regulating other proceedings therein.

Received from the Assembly by Mr Benj. Harvey and Mr Everigin,

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

Received from the Assembly by Mr Lock and Mr Hunt,

A Bill to regulate and ascertain the fees of Clerks of the pleas in the Inferior Courts in this Colony.

On motion read the second time and passed.

Received from the Assembly by Mr Knox and Mr Williamson,

A Bill to oblige Vessels having Infectious distempers on Board to perform their Quarantine.

On motion read the third time and passed. Ordered to be engrossed.

The House adjourned till 10 oClock tomorrow morning.

-------------------- page 864 --------------------

Tuesday 22d March 1774.

The House met according to adjournment

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Bright and Mr Lanier,

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

On motion read the third time and rejected.

On motion ordered the following message be sent to the Assembly, Vizt,

Mr Speaker and Gentlemen of the Assembly,

On reading in this House for the third time the Bill for Establishing Inferior Courts of pleas and quarter Sessions in the Several Counties in this province and for regulating the proceedings therein, We observe a clause relative to attachments for debts not exceeding five pounds, which being inadmissible, we propose that the said Clause be deled, to which amendment if your House agree be pleased to send some of your members to see the same made.

By order
JOHN HAWKS, Clk.

In the upper House 22d March, 1774.

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

Mr Speaker and Gentlemen of the Assembly,

On reading in this House the third time the Bill for Establishing Courts of Oyer and Terminer and General Gaol Delivery &c, we propose the following amendments, Vizt, That the Title of the Bill be altered to the following one, Vizt, A Bill to Establish Courts of Oyer and Terminer and General Gaol delivery and for appointing Jurymen and regulating the proceedings in the said Courts, and also for Constituting the Judges thereof a Court for hearing and determining appeals and Writs of Error.

That the qualification of Judges of the said Courts in the absence of the Chief Justice be confined to men of Ability, Integrity, and learned in the Law, and that the word Eminent now in the Bill be deled.

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If your House agree to these amendments be pleased to send some of your members to see the same inserted.

By order
JOHN HAWKS, Clk.

In the upper House 22d March, 1774.

Received from the Assembly the following message, Vizt

Gentlemen of His Majesty's Honorable Council,

In answer to your message of this day respecting the Inferior Court Bill, this House agree to dele the Clause by you proposed, at the same time propose the following as substitute, Vizt,

“And be it further enacted by the authority aforesaid that the proceedings to be had upon attachments before any Justice of the peace, shall be under the same Rules and subject to the same regulations as are by this Law directed to govern that process in the Inferior Courts of this province, due respect being had to the Jurisdiction of such Court.” Our proposal being so reasonable we send Mr Hooper and Mr Ashe to see the same made and inserted in the Bill.

JOHN HARVEY, Speaker.
By order
James Green, junr, Clk.

In the Assembly 22d March 1774.

This House took the above Message into consideration upon which the Members sent to see the Amendments made returned to the Assembly.

Then on motion ordered the following Message be sent to the Assembly,

Mr Speaker and Gentlemen of the Assembly,

This House having considered of your Message relative to the Inferior Court Bill, agree to insert the Clause you propose and desire you would be pleased to send some of your Members to see the amendments agreed upon, made in the Bill.

By order
JOHN HAWKS, Clk.

In the upper House 22d March 1774.

Received from the Assembly by Mr Hooper and Mr Ashe the following Message Vizt,

Gentlemen of His Majestys Honorable Council,

This House in answer to your Message relative to the Bill for establishing Courts of Oyer and Terminer and General Gaol delivery

-------------------- page 866 --------------------
are willing to admit the amendments proposed by you with respect to the Titles, with the following alteration which we doubt not you will approve of.

“A Bill to Establish Courts of Oyer and Terminer and General Gaol delivery and for vesting in the several Inferior Courts of pleas and quarter Sessions, the power of appointing Jurymen for the said Courts of Oyer and Terminer and Regulating the proceedings therein, and also for constituting the Judges thereof a Court for hearing and determining Appeals and Writs of Error.”

With respect to the Epithet of Eminent in the Character of Judges if you think it an unnecessary or improper distinction in that Offie we shall not contend for keeping it in the Bill.

JOHN HARVEY, Speaker.
By order
James Green, junr, Clk.

In the Assembly 22d March 1774.

The amendment proposed to the Bill for Establishing Inferior Courts &c, was accordingly made in the presence of the Members sent for that purpose. The Bill was then put and passed the third time. Ordered to be engrossed.

The amendments proposed to the Bill for Establishing Courts of Oyer and Terminer and General Gaol delivery &c was also made in the presence of the Members sent for that purpose. The Bill was then put and passed the third time. Ordered to be engrossed.

The House adjourned till 10 oClock tomorrow morning.


Wednesday, 23d March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble John Sampson Esquire.
The Honble Alex McCulloch Esquire.
The Honble Lewis DeRosset Esquire.
The Honble William Dry Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Bright and Mr Hunt,

A Bill to regulate and ascertain the fees of Clerks of the Inferior Court in this Colony.

On motion read the third time and passed. Ordered to be engrossed.

On motion ordered the Bill to discontinue the poll Tax of one shilling and duty of four pence per gallon on rum, wine and other

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spiritous liquors, be read. The same was read the second time and rejected.

A Bill directing the method of appointing Jurors in all cases civil and criminal.

On motion read the second time and rejected.

Received from the Assembly by Mr Cray and Mr Kenan,

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

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Benbury and Mr Knox the following Message Vizt,

Gentlemen of His Majestys Honorable Council,

This House have resolved that Colo John Harvey Speaker be allowed the sum of two hundred pounds proclamation money for his extraordinary trouble and as a reward for his particular assiduity and attention to the business of the House the last and this present Session of Assembly, 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, Speaker
By order.
James Green, Clk.

In the Assembly 23d March 1774.
In the Upper House concurred with 23d March 1774.
JAS HASELL, P. C.
By order
John Hawks Clk.

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

Mr Speaker and Gentlemen of the Assembly,

This House are of opinion that the president of the Council ought to have an allowance made him, for his extraordinary Service, his assiduity, and attention to the public business, during the last and the present Session of Assembly, therefore hope you will make a Resolve for that purpose.

By order
JOHN HAWKS, Clk.

In the upper House 23d March, 1774.
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On motion ordered the Report of the Committee of Claims be read. The same was read, concurred with and sent back.

The House adjourned till 10 oClock tomorrow morning.


Thursday 24th March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alex McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Hunt and Mr Tig. Jones the following message, Vizt,

Gentlemen of His Majesty's Honorable Council,

In answer to your message of yesterday this House are ever willing to pay a due respect to any application from you which they can vindicate consistent with the duty they owe to the public or Individuals. The provisions they have made for the Speaker they conceive to be a recompence for service which he hath actually rendered the province, and which have been attended with trouble to which no other member of this House is subject. The necessity there is for the constant attendance of the Speaker to the Business of the Assembly being interrupted are reasons which by no means are applicable to your claim in favour of the president of the Council. The absence of that Gentleman from your House leaves only a seat vacant which the next in seniority can with equal right fill and occasions no delay in your proceedings, so that the president is not subject to the same fatiguing restrictions in point of attendance as our Speaker. Precedents of the Speaker of the House receiving an Allowance for his services are frequent but we know of none in favour of the president of the Council. For these reasons we cannot consent to your proposals.

JOHN HARVEY, Speaker.
By order
James Green Junr, Clk.

In the Assembly 24th March 1774.

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

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Then on motion the Estimate of this House was taken under consideration, approved of and sent to the Assembly for their Concurrence.

Received from the Assembly the Estimate of this House concurred with.

Received from the Assembly by Mr Oldham and Mr Harvey the following Resolve Vizt,

Gentlemen of His Majesty's Honorable Council,

This House have Resolved that Captain John Collet, commander of Fort Johnston, be allowed for the necessary expence of that Garrison the sum of three hundred and twenty two pounds nine shillings and four pence proc. money; that the Treasurers or either of them pay him the same and be allowed in their accounts with the public.

JOHN HARVEY, Speaker.
By order
James Green Junr, Clk.

In the Assembly 24th March 1774.
In the upper House 24th March. Concurred with.
JAS. HASELL, P. C.
By order
John Hawks, Clk.

Received from the Assembly by Mr Lanier and Mr Williamson the following Resolve, Vizt,

Gentlemen of His Majesty's Honorable Council,

This House have Resolved that the present Establishment of Fort Johnston be continued until the end of the next Session of Assembly and no longer, and desire your Honours concurrence thereto.

JOHN HARVEY, Speaker.
By order
James Green Junr, Clk.

In the Assembly 24th March 1774.
In the upper House 24th March 1774. Concurred with.
JAS. HASELL, P. C.
By order
John Hawks, Clk.

His Excellency the Governor was pleased to command the attendance of this House at 6 oClock in the Council Chamber at the palace. This House accordingly attended, and the Speaker presented to his Excellency for his assent the following Bills, Vizt,

-------------------- page 870 --------------------

1. A Bill for establishing Courts of Oyer and Terminer and General Gaol delivery, and directing the mode of appointing Jurymen and regulating other proceedings therein.

2. A Bill for establishing Inferior Courts of pleas and quarter Sessions in the several Counties in this province and for regulating the proceedings therein.

3. A Bill to oblige vessels having infectious distempers on Board to perform their Quarantine.

4. A Bill to regulate and ascertain the Fees of the Clerks of the Inferior Courts in this Colony.

5. A Bill to prevent the pernicious practice of hunting with a gun in the night by fire light.

To which Bills his Excellency was pleased to give his assent, and then to both Houses made the following Speech, Vizt,

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

I should have seen your Session hastening to a conclusion with much greater satisfaction if the channels of Justice had been fully laid open to His Majestys Subjects in this province by the Laws I have been able to pass.

I flattered myself, Gentlemen, that you would have presented to me at this time some effectual plan for the General Administration of Justice freed from the exceptionable provisions upon which my duty to the King indispensibly obliged me to refuse my assent to your Bill for establishing Superior Courts. It is hardly necessary I believe to explain further to you the reasons of my uniform conduct in relation to that Act; but as I speak to your Country through you, I conceive it may not be improper to mention that the points of objection in it, were the regulations concerning attachments, the limitation of Jurisdiction of the Superior Courts, and the repeal of a permanent Law whereby Fees were settled for the support of His Majesty's Chief Justice, while no equivalent provision was made for that purpose; all which are repugnant to the royal Instructions to me, that as far as they related to the two first heads I freely communicated to you the commencement of your last Session. The latter militates against a standing General Instruction, and is not I apprehend agreeable to the Rules of Justice and sound policy.

It is with Infinite concern, Gentlemen, that I see no better system for the dispensation of Justice yet adopted by you, than the establishment

-------------------- page 871 --------------------
of County Courts whose limited Jurisdiction extends not to the relief of Creditors of highest dignity who may certainly be considered in general most deserving of the public care; but are at least intituled to like advantages, and security of their property, from the Laws of their Country as are allowed to creditors of Inferior degree, of which they are now virtually precluded. Why then, Gentlemen, this distinction, so irreconcilable to the impartiality of Justice?

The measures which have been taken to render ineffectual the powers I derive from the King for the protection of His Majesty's Subjects in this province and the dependence of the Bill for erecting Courts for the trial of Criminal matters (that are essential to the peace and safety of the people) are reasons of the greatest weight with me for giving my assent to a plan so inadequate to the due administration of Justice; so incompetent to the security of the public Revenue; the receipt of which is now left to depend on the integrity of the Collectors; and that has ever appeared to my understanding so inconsistent with every principle of good policy. Next to this consideration, Gentlemen, I wish to assure you that I am willing to concur with you as far as I possibly can to relieve the distresses of this Country, and as on the one hand I well know that Example is of much greater force than precept, so on the other I am satisfied a short use of these expedients will convince you of their inefficacy, as well as of the integrity of my intentions, and rectitude of my conduct. After all, Gentlemen, I am but too sensible that my assent to these Bills, of a nature so unusual, new and extraordinary will need every apology I shall be able to make to His Majesty.

Mr Speaker and Gentlemen of the Assembly, I see with equal concern and surprize that you have not passed any Bill for re-establishing the militia, which you have promised in your address to me, to put upon such a respectable footing as might give full security to this province against any designs of the Indians, if properly exerted. I am persuaded Gentlemen you have not intended to omit this necessary provision for the protection of your Country now actually threatened with Hostilities by that Barbarous People and in Confidence that you have not I most earnestly recommend to your consideration the expediency of such an establishment; which being now made upon a proper plan may obviate the necessity of calling you together during the Summer to provide for the public safety.

-------------------- page 872 --------------------
My information from His Majesty's Superintendent of Indian Affairs relative to the designs of the neighbouring nations of savages that I have communicated to you, leaves us at least in doubt concerning them; and urges the propriety of the interposition of this Government their outrages to certain of its people settled on the Indian Territory, in vengeance for whose encroachments it is to be feared they may extend their violences against the innocent unguarded inhabitants on the Frontiers of this Colony, and as the prolongation of the present Session for a day or two, will be less inconvenient to you, and far less expensive to the public, than to open a new Session at that inclement season, in case of such too probable events, I flatter myself you will forthwith take such proper measures for the defence of this province, as your prudence shall suggest; and that you may have opportunity to guard against the ill consequences that may arise for want of the protection of a militia, I forbear now to put an end to your Session; Wishing at the same time, to detain you from your pressing domestic avocations not one moment longer than the public Necessities require.

JO. MARTIN.

New Bern 24th March 1774.

Received from the Assembly by Mr McCulloch and Mr Hart the following Resolve Vizt,

Gentlemen of His Majestys Honorable Council,

This House have resolved that William Bentley be allowed the sum of nineteen pounds proclamation money for so much money lost in Neuse River and that the Treasurers or either of them pay him the same out of the Sinking fund and be allowed in their accounts with the public to which we desire your Honors Concurrence.

JOHN HARVEY, Speaker.
By order
James Green, junr, Clk.

In the Assembly 24th March 1774.
In the upper House 24th March 1774, Concurred with.
JAS. HASELL, P. C.
By order
John Hawks, Clk.

Received from the Assembly by Mr McCulloch and Mr Hart,

A Bill for appointing a Militia for the Security and defence of this Province.

On motion read the first time amended and passed.

-------------------- page 873 --------------------

Received from the Assembly by Mr Willm Person and Mr Brown,

A Bill for appointing a Militia for the security and defence of this province.

On motion read the second time amended and passed.

The House adjourned till 10 oClock tomorrow morning.


Friday 25th of March 1774.

The House met according to adjournment.

Present
The Honble James Hasell Esquire.
The Honble John Rutherford Esquire.
The Honble Lewis DeRosset Esquire.
The Honble John Sampson Esquire.
The Honble Alexr McCulloch Esquire.
The Honble William Dry Esquire.
The Honble Saml Strudwick Esquire.
The Honble Martin Howard Esquire.
and
The Honble Samuel Cornell Esquire.

Received from the Assembly by Mr Benbury and Mr Benj Harvey,

A Bill for appointing a Militia for the security and defence of this province.

On motion read the third time and passed. Ordered to be engrossed.

Received from the Assembly by Mr Tignal Jones and Mr Edwards the following Resolve Vizt,

Gentlemen of His Majestys Honorable Council,

This House have resolved that the Honorable Samuel Cornell Esquire be allowed the sum of twenty eight pounds ten shillings as a draw back for duties on nineteen Hogsheads of rum imported into this province, in the sloop Polly, James Green Master, and afterwards exported to the Colony of Virginia and there landed, due proof being made to this House. Ordered 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.

JAMES HARVEY, Speaker.
By order
James Green, jnr, Clk.

In the Assembly 25th March 1774.
In upper House 25th March 1774, Concurred with.
JAS. HASELL, P. C.
By order
John Hawks, Clk.

His Excellency the Governor was pleased to command the attendance of this House at 1 oClock in the Council Chamber at the palace.

-------------------- page 874 --------------------

This House accordingly attended, and the Speaker presented to His Excellency for his Assent,

A Bill for appointing a Militia for the security and defence of this province,


To which His Excellency gave his assent, and then prorogued the Assembly 'til Wednesday the 25th of May next.