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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
March 02, 1774 - March 25, 1774
Volume 09, Pages 874-953

North Carolina—Ss.

At an Assembly begun and held at New Bern the second day of March in the fourteenth year of the reign of our Sovereign Lord George the third by the grace of God of Great Britain, France and Ireland, King, Defender of the Faith, &ca, and in the year of our Lord, One thousand seven hundred and seventy four, being the second Session of the present Assembly.

In the House of Assembly.

Wednesday 2d March 1774.

Mr Speaker and the following Members appeared, to wit,

Messrs Harnett, Howe, Hooper, Edwards, Thomson, Hovey, Alston, Hart, Spruil, Bright, B. Ward, Haywood, S. Johnston, Salter, A. Jones, Cray, McCulloh, Smithwick, Frazier, John Rowan, Macnair, Field, Hewes, Stanley, Knox, W. Person, Spicer, J. Johnston, Coor, Oldham, Hunt, McAlister, Ashe, Caswell, Tig. Jones, Benbury, T. Robeson, Simpson, F. Campbell, Martin, Kenan, Hatch and Polk.

Mr Thomas Person, one of the members for Granville, Mr Roger Ormond, one of the members for Beaufort, and Mr Benjamin Harvey, one of the members of Perquimans appeared.

The Clerk of the Crown having certified that Mr William Brown was duly elected and returned a Member for the Town of Bath in the room of Mr Wyriot Ormond, deceased, Mr Solomon Shepard for the County of Carteret, in the room of Jacob Shepard, deceased, and Mr Richard Parker for the County of Chatham, in the room of Mr Stephen Poe, deceased, pursuant to which the said Mr Brown, Mr. Shepard and Mr Parker appeared.

The Honble Alexander McCulloch and Martin Howard, Esquires, two of his Majesty's Council, came to the House, and Mr Thomas Person, Mr Roger Ormond, Mr Benjamin Harvey, Mr William Brown, Mr Solomon Shepard and Mr Richard Parker were qualified

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by taking the several oaths by Law appointed for the qualification of public officers and repeating and subscribing the test.

Mr Edwards and Mr Knox waited on his Excellency the Governor to inform him that a sufficient number of Members to constitute a House were met and waited to receive his commands, who being returned, reported to the House that His Excellency would receive them at the palace in half an hour.

Mr Speaker with the House waited on his Excellency the Governor in the palace when his Excellency was pleased to make a speech to His Majestys Honble Council and this House. Mr Speaker with the House being returned, Mr Speaker reported that His Excellency the Governor had made a speech to the Council and this House; a copy of which, to prevent mistakes, he had obtained, and laid the same before the House.

On motion ordered the said Speech be read. Read the same and it is as follows, to wit,

[For Governor's Speech see Journals of Upper House, page 831.]

On motion ordered that Mr Hooper, Mr S. Johnston, Mr Caswell, Mr Howe, Mr Harnett, Mr Edwards, Mr A. Jones, Mr Hewes and Mr Ashe be appointed a Committee to prepare an Address in answer to his Excellency the Governor's Speech, and report the same to the House for approbation.

Then on motion, Resolved the House Resolve itself into a Committee of the whole House to take under consideration His Excellency the Governor's Speech.

The House Resolved itself into a Committee of the whole House accordingly and choose Mr William Haywood Chairman, and after some time spent therein came to several Resolutions.

Then on motion Mr Speaker resumed the Chair and Mr Chairman was directed to report that the Committee had come to several Resolutions, but not having time to reduce them to form, desired leave to sit again tomorrow.

Ordered the said committee have leave to sit again tomorrow

Mr Tignal Jones one of the members elected for Wake County appeared.

Then the House adjourned till 10 oClock tomorrow morning.

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Thursday 3d March 1774.

The House met according to adjournment.

Mr. Speaker acquainted the House he had received a letter and Resolve from the Speaker of the House of Maryland which he laid before the House.

Ordered the same be read.

On motion, Resolved that the Speaker of this House write a respectful Answer to the letter above mentioned, expressing the thanks of this House to the Assembly of Maryland who have so spiritedly adopted the Patriotic Resolutions and measures of the truly Respectable House of Burgesses of Virginia, and for their obliging communication thereof to this House, inclosing a copy of the last Assembly's Resolutions, and requesting them to lay the same before their Assembly.

Mr Thomas Macknight one of the members for the County of Currituck appeared.

The order of the day being read, Resolved the House Resolve into a Committee of the whole House. Accordingly Mr Haywood in the Chair, and after some time spent therein came to several Resolutions.

Then Mr Speaker resumed the Chair and Mr Chairman reported that the Committee had taken under consideration his Excellency the Governor's Speech and came to several resolutions thereon, towit,

Resolved, that it is the opinion of the Committee that they cannot agree to the Measure proposed by the Governor, respecting the mode to be observed in issuing attachments.

That the House will frame a Law for the regulation of the criminal Jurisdiction of this Province which will have a tendency to bring to condign punishment the perpetrators of those crimes which have become so frequent and which his Excellency so justly and pathetically describes.

That the House will be thankful to his Excellency for any information he may receive relative to the designs of the savages, and that they will be ready to make every necessary provision for the defence of the Province.

On motion Resolved that the foregoing Resolutions be instructions to the Committee appointed to draw up an address in answer to His Excellency's Speech.

On motion ordered that Mr Harper, Mr S. Johnston, Mr T. Jones, Mr Caswell, Mr Edwards, Mr Howe, Mr Harnett, and Mr Hewes be

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appointed a Committee to prepare and bring in the following Bills, to wit,

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

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

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

On motion ordered that Mr Knox, Mr Martin and Mr Thomas Jones be a Committee to enquire what Laws are expired or near expiring, and report the same to the House with their opinion of such Laws as are necessary to be revised, amended and continued. And also to prepare and bring in Bills to continue or revive such of them as are of public utility.

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

Ordered he have leave accordingly.

The Honble John Sampson and Alexander McCulloch Esquires, two of the Members of His Majesty's Council, came to the House and Mr Thomas Macknight and Mr Tignal Jones were qualified by taking the several Oaths by Law appointed for the qualification of public officers and repeating and subscribing the Test.

Then the House adjourned till tomorrow morning 10 oClock.


Friday 4th March 1774.

The House met according to adjournment

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

Mr Speaker and Gentlemen of the House of Assembly,

I have it in charge from the Lords commissioners of Trade and Plantations to recommend to you to pass an act explanatory of the Act of indemnity passed at the November Session in the year 1771, which appears to their Lordships much too loosely worded, and that the description of the cases to which the provisions of that Act apply, are so general, and indeterminate, as that persons who have been guilty of almost any enormity, may under the plea of having

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acted in defence of Government, be protected and indemnified; and persons who have been unwarrantably injured in their persons and properties cut off from all possibility of redress.

Their Lordships therefore recommend that an Act explanatory of the above mentioned Act, be passed defining and ascertaining with more accuracy and precision the bounds and limits of the indemnity that was intended by the said Act to grant, hoping in general that it will not be necessary to extend indemnity beyond the cases of imprisonment of persons, either actually in Arms against Government, or suspected of giving aid and assistance, to the Insurgents, to the seizing arms in the possession of suspected persons, and impressing Horses and Carriages, for the use of Government, And their Lordships add, that if some explanatory Act be not passed, they will be under the necessity of laying the Law, to which their Lordships refer before the King for his Majesty's disallowance.

Pursuant to their Lordships direction I now submit this matter to your consideration not doubting that you will see the expediency of modifying the act of indemnity according to circumstances, in a manner that may obviate the objections of the Lords of Trade thereto.

JO. MARTIN.

Newbern March 3d, 1774.

On motion ordered the said Message lie for consideration 'till tomorrow morning.

Mr Griffith Rutherford and Mr Matthew Lock the two Members for Rowan County appeared.

Mr Thomas Person presented a Certificate from the County Court of Granville therein recommending Joseph Hill to be exempted from the payment of Taxes.

Ordered he be exempt accordingly.

The House adjourned 'till 4 oClock in the afternoon.

The House met according to adjournment.

Then the House adjourned till 10 oClock tomorrow morning.


Saturday 5th March 1774.

The House met according to adjournment.

Mr Robert Lanier one of the Members for Surry County appeared.

Mr Harnett from the Committee appointed to prepare an Address in Answer to His Excellency the Governor's Speech, informed the House they had prepared the same, which was read.

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Then on motion ordered the same stand as the address of this House, and it is as follows, to wit,

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

Sir,

We His Majesty's most dutiful and loyal subjects the Assembly of North Carolina thank your Excellency for your Speech at the opening of this Session.

We came to the last Session of this Assembly fully possessed of the sentiments of our constituents; we have however appealed to them again, consulted them, and stated to them candidly the point for which we contended; we have also informed them how far his Majesty is disposed to indulge our wishes. These facts we have represented to them fairly, disdaining any equivocation or reserve that might leave them ignorant of the Conduct we have pursued or the real motives that influenced it. And we have the heartfelt satisfaction to inform your Excellency that they have expressed their warmest approbation of our past proceedings, and have given us positive instructions to persist in our endeavors to obtain the process of Foreign Attachments upon the most liberal and ample footing.

Thus circumstanced, Sir, were we to adopt the modifications proposed by your Excellency, we should violate the sacred trust they have reposed in us and disregard the line of duty which they have marked out for our conduct. Sensible of the importance of preserving that security in Trade, which they have hitherto enjoyed by Foreign Attachments, they know too well their own interest to make a sacrifice of it, or to condemn the conduct of those who have exerted their utmost endeavors to retain it unimpaired.

We are well informed that in many of the Colonies the Laws which govern their proceedings by Foreign Attachment, are detached from those which frame the general plan for this distribution of Justice, Yet those regulations are not therefore less secured to the Inhabitants they have equally had the sanction of Government, and are as fixed and permanent in their duration as the Court Laws, on which they necessarily depend, and when those Colonies made provision for these purposes by two distinct Laws they possessed the fullest assurance that Government would not deny its a sent to either.

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The ardent wishes you have been pleased repeatedly to express for the welfare and happiness of this Colony induce us to hope that you will exert your Interest with His Majesty and his Ministers to relieve us from the baneful effects of an instruction by which we are deprived of a mode of proceeding against absconding debtors, which the inhabitants of this Province are convinced from the fullest experience is essentially necessary to the Commercial Interest.

We shall not fail to exert our best endeavours to lessen the calamities which this Province suffers at present from that licenciousness of manners, which is the necessary consequence of the cessation of the Executive powers of Government, altho' the best of human Institutions have been found unequal to a perfect prevention of the Crimes against the peace and security of mankind. The most barbarous murders having been sometimes perpetrated under the best regulated policy, it is however our duty, and we shall not fail to propose the best plan of Criminal Jurisdiction which the present circumstances of this Colony will admit, and this we might at the last session of Assembly have effected, had we not been prevented by the unexpected and precipitate manner in which your Excellency was pleased to dismiss us.

If your Excellency should receive any further information of Hostilities committed by the Indians against his Majesty's Subjects of this or any other Colony we shall be glad to be made immediately acquainted with it, in the mean time we shall endeavour to establish a Militia upon so respectable a footing that by a proper exertion of it any effort of those savages to distress this colony may be rendered ineffectual. We shall duly consider all other matters recommended by His Excellency.

JOHN HARVEY, Speaker.

Then the House adjourned till 10 oClock Monday morning.


Monday 7th March 1774.

The House met according to adjournment.

On motion ordered that Mr Martin and Mr Salter wait on His Excellency the Governor and acquaint him the House have prepared an address in Answer to his Excellency's Speech, and desire to know when they shall wait on him to present—being returned brought for answer that His Excellency would receive the said Address on Wednesday next.

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The Honble Alexander McCulloch and John Sampson Esquires, two of his Majesty's Honble Council came to the House and Mr Charles McAnnelly was qualified by taking the several Oaths by Law appointed for the qualification of Public officers and repeating and subscribing the Test.

Mr Samuel Johnston from the Committee to prepare and bring in a Bill for dividing the province into six several districts and for establishing a Superior Court of Justice in each of the said Districts, and regulating the proceedings therein, presented the same which he read in his place and delivered in at the Table where the same was again read, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Benbury.

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

Sent by Mr Polk and Mr Benbury.

Mr Allen Jones moved for leave to present a Bill to amend the staple of Tobacco and prevent frauds in his Majesty's Customs.

Ordered he have leave accordingly.

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

Sent by Mr McCulloh and Mr Ward.

Mr Edwards moved for leave to prepare and bring in a Bill to discontinue the poll Tax of one shilling and duty of four pence per gallon on Rum, Wine and other Spirits.

Ordered he have leave accordingly.

Mr Martin according to order presented the Bill of pardon and oblivion to the persons concerned in the late Insurrection except such persons as are therein excepted, which he read in his place and delivered in at the Table where the same was again read, passed and ordered to be sent to the Council.

Sent by Mr Field and Mr Wm Moore.

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

Mr Martin moved for leave to present a Bill for appointing a militia.

Ordered he have leave accordingly.

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

Sent by Mr Hart and Mr Bright.

Received from the Council the following Bills, Vizt,

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

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

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

The Bill of pardon and oblivion to the persons concerned in the late Insurrection, except such persons as are therein excepted. Endorsed, In the Upper House 7th March, 1774. Read the first time and passed.

Mr Hewes moved for leave to present a Bill to prevent counterfeiting the paper money of this and other British Colonies and to prevent counterfeiting the gold and silver coin circulating in this Province.

Ordered he have leave accordingly.

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

Sent by Mr Hatch and Mr Spicer.

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

Ordered he have leave accordingly.

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

Sent by Mr Hatch and Mr Spicer.

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

Mr Speaker and Gentlemen of the House of Assembly,

I send herewith for your information a letter from His Majesty's Superintendent of Indian Affairs, and I am to assure you of my

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readiness to concur in any measure to prevent the mischiefs that may accrue to this Province, by the circumstances therein mentioned.

JO. MARTIN.

Newbern 7th March 1774.

Received at the same time a copy of the letter above referred to.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday 8th March 1774.

The House met according to adjournment

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

Sent by Mr Simpson and Mr Wm Moore.

Mr Macknight moved for leave to present 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.

Ordered he have leave accordingly.

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

Sent by Mr Macknight and Mr Hewes.

Mr Harnett moved for leave to [present a Bill to] continue an Act intituled an Act to amend an Act intituled an Act for the regulation of the Town of Wilmington.

Ordered he have leave accordingly.

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

Sent by Mr Salter and Mr Kenan.

Mr McCulloh moved for leave to present a Bill to amend an Act Intituled an Act for repairing the Gaol for the district of Halifax, in the Town of Halifax.

Ordered he have leave accordingly.

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

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

Sent by Mr Salter and Mr Kenan.

Recd from the Council the Bill for appointing a Militia. Endorsed, In the Upper House 8th March 1774. Read the first time and passed.

Received from the Council the following Bills, Vizt,

The Bill to direct the duty of Sheriffs with respect to insolvent Taxables.

The Bill to prevent counterfeiting the paper money of this and the other British Colonies and to prevent Counterfeiting the Gold and silver Coin circulating in this Province.

The Bill for 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.

And The Bill for establishing Courts of Oyer & Terminer and general gaol dilivery, and directing the mode of appointing Jurymen and regulating other proceedings therein.

Endorsed, in the upper House 8th March 1774. Read the first time and passed.

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

Ordered he have leave accordingly.

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

Sent by Mr Spicer and Mr Thomson.

On motion ordered that Mr Ashe, Mr Martin, Mr Rutherford, Mr Macknight, Mr Caswell, Mr Ferqd Campbell, Mr Haywood, Mr Wm Person, Mr Lock, Mr Rowan, Mr Benjamin Harvey and Mr Ormond be a Committee of public Claims in conjunction with such of the Members of His Majesty's Honble Council as they shall think proper to appoint, and that the following Message be sent to the Council, to wit,

Gentlemen of His Majesty's Honorable Council,

This House have appointed Mr Ashe, Mr Martin, Mr Rutherford, Mr Macknight, Mr Caswell, Mr Ferqd Campbell, Mr Haywood, Mr Wm Person, Mr Lock, Mr Rowan, Mr Benjamin Harvey and Mr Ormond a Committee of this House to settle and allow public

-------------------- page 885 --------------------
Claims in conjunction with such of your Honors as you shall think fit to appoint.

JOHN HARVEY, Sp.

Sent by Mr Benj Harvey and Mr Ormond.

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

Sent by Mr T. Jones and Mr Hart.

On motion ordered the Bill for establishing Inferior Courts of pleas and quarter sessions in the several counties in this Province and for regulating the proceedings therein be read the second time. Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr T. Jones and Mr Hart.

Joseph Hughes having exhibited to the last Session of Assembly a Petition setting forth the services he had rendered the public in pursuing certain robbers mentioned in the said petition apprehending one of them, the expence he had been at in performing the same, and having made the 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 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 and that the public Treasurers or either of them pay him the same, and be allowed in their Accounts with the public, and that the following Message be sent to the Council, to wit,

Gentlemen of His Majesty's Honorable Council,

Joseph Hughes having exhibited to the last Session of Assembly a petition setting forth the services he had rendered the public in pursuing certain Robbers mentioned in the said petition apprehending one of them, the expence he had been at in performing the same and having made the 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

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being sent to the Honble 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 service, and that the public Treasurers or either of them pay him the same and be allowed in their accounts with the public to which we desire your Honors Concurrence.

JOHN HARVEY Sp.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday 9th March 1774.

The House met according to adjournment.

Sent the estimate of allowances of the last Session of Assembly to the Council for their concurrence by Mr Allen Jones and Mr Lock.

Mr Edwards according to order presented the Bill to discontinue the poll Tax of one shilling and duty of four pence per gallon on rum wine and other spiritous Liquors, which he read in his place and delivered in at the Table, where the same was again read, passed and ordered to be sent to the Council.

Sent by Mr Moore and Mr Hart.

Mr Field moved for leave to present a Bill to amend an Act Intitled an Act for the better observation and keeping the Lord's day commonly called Sunday, and for the more effectual suppression of vice and immorality.

Ordered he have leave accordingly.

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

Sent by Mr Moore and Mr Hunt.

Mr Moore moved for leave to present 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.

Ordered he have leave accordingly.

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

Sent by Mr Moore and Mr Hunt.

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Ordered Mr Caswell have leave to absent himself from the service of this House till Monday next.

Mr Charles Robinson one of the members for Anson County and Mr Michael Rogers one of the elected members for Wake County appeared.

The Honble John Sampson and Alexander McCulloch Esquires two of the members of Council came to the House and Mr Michael Rogers one of the members for Wake County was qualified by taking the Oaths by Law appointed for the qualification of public officers and repeating and subscribing the Test.

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

Sent by Mr Wm Person and Mr Ward.

Received from the Council the following Bills Vizt,

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

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

The Bill to amend an Act for repairing the gaol for the District of Halifax in the Town of Halifax. Endorsed, In the Upper House 9th March 1774. Read the first time and passed.

Also the estimate of this House for the last session of Assembly. Endorsed, in the Upper House. Concurred with 9th March, 1774.

JAS HASELL, P. C.

Received from the Council the estimate of their allowances for the last session of Assembly. Endorsed, Mr Speaker and Gentlemen of the Assembly, This House have agreed to the above estimate, and desire your concurrence thereto.

JAS HASELL P. C.

In the Assembly 9th March 1774, the above estimate was read and allowed by this House.

JOHN HARVEY, Speaker.

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

-------------------- page 888 --------------------
read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lanier and Mr Hearring.

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

Ordered he have leave accordingly.

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

Sent by Mr Hatch and Mr Salter

Mr Simpson moved for leave to present 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.

Ordered he have leave accordingly.

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

Sent by Mr Hatch and Mr Salter.

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

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

This House herewith send your Excellency the estimate of allowances for the last session of Assembly held at Newbern the 4th day of December, 1773, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Knox and Mr Williamson.

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

Sent by Mr Everigin and Mr Perkins.

On motion ordered the Bill to prevent counterfeiting the paper money of this and the other British Colonies and to prevent counterfeiting

-------------------- page 889 --------------------
the gold and silver coin circulating in this Province be read the second time. Read the same a second time, passed and ordered to be sent to the Council.

Sent by Mr Alston and Mr Shepard.

On motion ordered the Bill to amend an Act intitled an Act for repairing the Gaol for the district of Halifax in the Town of Halifax be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Alston and Mr Shepard.

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

Ordered he have leave accordingly.

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

Mr Wm Person moved for leave to present a Bill for the further continuing an Act intitled an Act concerning Vestries.

Ordered he have leave accordingly.

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

Sent by Mr Hunt and Mr W. Person.

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

Sent by Mr Harnett and Mr Ashe.

Mr John Johnston moved for leave to present a Bill for enlarging the time for saving lots in the Town of Windsor, for erecting a Court House, prison and stocks for the County of Bertie in the said Town and other purposes.

Ordered he have leave accordingly.

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

Sent by Mr Johnston and Mr Stanley.

On motion ordered the Bill directing the duty of Sheriffs with respect to insolvent taxables be read the second time. Read the

-------------------- page 890 --------------------
same a second time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Hovey.

On motion ordered the Bill to restrain fishing with seins in New River in Onslow County be read the second time. Read the same a second time, amended, passed, and ordered to be sent to the Council.

Mr Rutherford presented a Petition from sundry inhabitants of the North East end of Mecklenburg County praying a Law may pass for altering the dividing lines between the Counties of Rowan, Mecklinburg and Tryon.

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

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

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

Mr Speaker and Gentlemen of the Assembly,

You have told me with perhaps just exultation, that your constituents have approved your past conduct, and instructed you to persist in your endeavours to obtain the process of foreign attachment, but if that means, Gentlemen, that the present distressful state of this Colony is to be continued because I have it not in my power to comply exactly with your wishes relative to a certain mode of proceeding against absconding Debtors, that as far as I have been able to learn, has been in some very material points peculiar to this Province, and is at this day held by many to have been unguarded and too open and applicable to fraudulent and oppressive purposes, I can no more enter into the policy of such a plan of conduct, that is in my opinion without example, than I can help dreading, the people will soon feel they make infinitely too dear a sacrifice in relinquishing all legal security of their most valuable rights and privileges, for the sake of contending for one object of Commercial

-------------------- page 891 --------------------
convenience, that you have already solicited from the grace of the Crown whence only it is obtainable.

As there is reason to believe, opinions prevail but too generally in this Country, that Government has designed, by the regulations proposed concerning attachments, to put the Inhabitants of this Province upon a footing of disadvantage with respect to the rest of the King's Subjects, it becomes my duty to prevent as far as I am able, the ill tendency of such unjust derogatory, ungenerous apprehensions. And to that end I do with the fullest confidence in the Justice of our most gracious sovereign and his government most solemnly pledge my honor, that there is nothing more foreign to the Royal intentions, than such injurious distinction of this Province; and that the same benefit of attachments, and every other provision will be allowed here, that is held by the Subjects of Great Britain if this Colony does not render itself less deserving of the Royal favour. Let me assure you further Gentlemen, that if I could entertain a belief that this Colony was by any measure to be deprived of a privilege or advantage, common to the rest of His Majesty's people, it would be as hurtful and humiliating to me, as to you; and I should consider it my duty to labour against it with all becoming zeal; a subject like yourselves Gentlemen, I prize as highly, the rights of that condition; and should as impatiently feel any violation of them, against which, we owe our grateful thanks to heaven, that we have a sure defence in our sovereign's Justice, and sacred regard to the British Constitution.

If, Gentlemen, you hold it inconsistent with your duty to your Constituents and their interests to adopt the regulations concerning attachments that I have proposed to you, which I learn from Authority that is to me indisputable, are such only as obtain in the Commercial Cities of England, let me still hope that with a dutiful reliance on the Justice of our most gracious King to which you have now appealed, you will leave that point for the present out of dispute, and provide in the best manner possible for the general administration of Justice. Such a conduct will be surely the most graceful, as well as the most likely to dispose his Majesty to compliance with your wishes; the contrary will certainly imply mistrust of His Goodness and impartiality that are as universally felt, as confessed throughout the British Empire, in which I am willing to persuade myself, none of all His Majesty's Subjects entertain higher sentiments of Loyalty and of reverence for the distinguished virtues of that

-------------------- page 892 --------------------
Father of His people than the inhabitants of this Colony. I submit also to your conditions, Gentlemen, whether by forbearing to lay open the channels of Justice, you do not urge the ruin and destruction of that Commercial interest you seem so earnestly to defend.

Of what duration the Laws of attachment are in every other Colony I profess, Gentlemen, I know not; but I have the utmost certainty they are not all permanent, though distinct from the Court Laws, and where they are, I cannot comprehend what better assurance at the time the Legislature which framed them could have of the King's acceptance of them, than you have of the royal confirmation of any Law enacted in this Province, before it has received His Majestys allowance.

How far I am chargeable with precipitation in the conclusion of your last Session, I leave to your calm reflection to decide. I waited with equal patience and longing desire to see Measures taken for the deliverance of your Country from the evils that impended it; when I found that you insisted upon provisions inconsistent with my duty to admit in the Bills for the establishment of Courts of Justice, upon which everything else essential depended, I prorogued the General Assembly, in hopes that at a future period in another temper, and after mature consideration you would pursue a conduct more conducive to the happiness of your Country. With these hopes I have met you again, and I flatter myself I shall not be disappointed. Being sincerely disposed to concur in any plan of consistency you can adopt for the public good that is not repugnant to his Majesty's Royal Instructions, had I seen the least appearance of design, to establish Courts of Criminal Jurisdiction, which you say might have been effected if I had not prevented it at the late Session, I wanted not the best inclinations to promote it, and it was only from considerations of their inefficacy and of the great expense that would accrue to the public, by prolonging your Session until the many Bills depending in the Council and your House could be prepared to be presented to me, that I was induced to conclude it without giving my assent to such as might have been passed into Laws.

As a point of duty, I have constantly made the fairest and fullest representations to His Majesty of the Public Transactions of this Province; and I have fulfilled unsolicited, every expectation you could reasonably form, from my heartfelt expressions of regard to the welfare of this Country; by collecting with the utmost pains and industry every light, and information in my power, from the Laws

-------------------- page 893 --------------------
of attachment in the other Colonies, that could serve to illustrate the point you have so strenuously insisted upon, and by communicating all that I have been able to procure, to His Majesty's Secretary of State, with the same integrity of mind I do assure you I want no incentives to perseverance, in the same faithful discharge of my duty to His Majesty, and to this Country.

JO. MARTIN.

Newbern March 9th, 1774.

Received from the Council the following message, to wit,

Mr Speaker and Gentlemen of the Assembly,

In answer to your message relative to the Committee, This House have appointed The Honble Lewis Henry DeRosset, John Sampson and Martin Howard, Esquires, a Committee of this House to settle and allow public Claims. Endorsed, In the upper House, 9th March 1774.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday 10th March 1774.

The House met according to adjournment.

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

Ordered he have leave accordingly.

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

Sent by Mr T. Person and Mr Hunt.

Mr Lock moved for leave to present a Bill to amend an Act Intitled an Act for building a court house in the Town of Salisbury for the District of Salisbury.

Ordered he have leave accordingly.

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

Sent by Mr T. Person and Mr Hunt.

Mr Robinson moved for leave to present a Bill to impower the Justices of Anson County to establish free ferries and lay a Tax for defraying the charges thereof.

Ordered he have leave accordingly.

-------------------- page 894 --------------------

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

Sent by Mr Robinson and Mr Parker.

Mr Parker moved for leave to present a Bill to explain an Act for erecting a Parish in Chatham County by the name of Martinborough.

Ordered he have leave accordingly.

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

Sent by Mr Robinson and Mr Parker.

Mr Parker moved for leave to present a Bill to amend an Act Intitled 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.

Ordered he have leave accordingly.

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

Sent by Mr Robinson and Mr Parker.

Mr Stewart and Mr Hunter, two of the Members of Tyrril, appeared.

Received from the Council the Bill for dividing the Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts. Endorsed in the upper House. Read the second time, amended and passed.

Received from the Council the Resolve of this House for allowing Jos Hughes the sum of one hundred and fifty pounds. Endorsed in the upper House 10th March 1774. Concurred with.

JAs HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing Joseph Hughes the sum of one hundred and fifty pounds.

-------------------- page 895 --------------------
Concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Thos Jones and Mr J. Johnston.

Mr Ormond moved for leave to present a Bill in addition to an Act, Intitled an Act, to prevent the exportation of unmerchantable Commodities.

Ordered he have leave accordingly.

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

Sent by Mr Harvey and Mr Brown.

Received from the Council the following Bills, Vizt,

The Bill for establishing Inferior Courts of pleas and quarter Sessions in the several Counties in this Province and for regulating the proceedings therein. Endorsed, In the upper House 10th March 1774. Read the second time, amended and passed.

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

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

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

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

The 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.

The Bill to amend an Act Intitled an Act for the better observation of the Lord's day, commonly called Sunday, and for the more effectual suppression of vice and immorality.

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

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

The Bill to amend an Act intituled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties &ca

-------------------- page 896 --------------------

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

The Bill to amend an Act Intitled an Act for building a court house in the Town of Salisbury for the District of Salisbury.

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

The Bill for altering the dividing lines between the Counties of Rowan, Mecklenburg and Tryon. Endorsed in the upper House 10th March, 1774. Read the first time and passed.

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

The Bill to amend an Act Intitled an Act for repairing the gaol for the District of Halifax in the Town of Halifax. Endorsed, In the upper House 10th March 1774. Read the second time and passed.

The Bill in Addition to an Act Intitled an Act to prevent the exportation of unmerchantable Commodities.

The 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.

The Bill to continue an Act Intitled an Act to amend an Act Intitled an Act for the regulation of the Town of Wilmington. Endorsed, In the upper House 10th March 1774. Read the second time and passed.

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

The Bill to restrain Fishing with seins in New River in Onslow County; and

The Bill to prevent counterfeiting the paper money of this and the other British Colonies to prevent counterfeiting the gold and silver coin circulating in this province. Endorsed, In the upper House, 10th 1774. Read the second time, amended 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 third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr F. Campbell and Mr Stanley.

On motion ordered Mr Hewes have leave to absent himself from the services of the House.

Then the House adjourned till 10 oClock tomorrow morning.

-------------------- page 897 --------------------


Friday 11th of March 1774.

The House met according to adjournment.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House for allowing Joseph Hughes the sum of one hundred and fifty pounds, concurred in by His Majesty's Council, with my assent thereto.

JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the estimate of the allowances due to the members of the House of His Majesty's Honble Council, with my assent thereto.

JO. MARTIN.

Newbern, 10th March 1774.

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

Ordered he have leave accordingly.

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

Sent by Mr McAnally and Mr Bright.

On motion ordered the Bill be read a second time.

The Bill in addition to an Act intitled an Act to prevent the exportation of unmerchantable commodities, amended, passed and ordered to be sent to the Council.

Sent by Mr McAnally and Mr Bright.

The Bill for the more effectual obtaining an exact list of Taxables for the Town of New Bern, for compelling the Inhabitants of the said Town to pay their taxes, and for other purposes therein mentioned, read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Coor and Mr Hatch.

Ordered the Bill to continue an Act Intitled an Act to amend an Act Intitled an Act for the regulation of the Town of Wilmington,

-------------------- page 898 --------------------
be read the third time. Read the same a third time, passed and sent to the Council.

Sent by Mr Moore and Mr Robinson.

Ordered Mr Brown and Mr Salter have leave of absence till Monday next.

Ordered the Bill to amend an Act Intitled an Act for building a court house in the Town of Salisbury for the district of Salisbury, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Moore and Mr Robinson.

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

Ordered he have leave accordingly.

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

Sent by Mr Simpson and Mr Hearring.

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

Ordered he have leave accordingly.

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

Sent by Mr McCulloh and Mr Rogers.

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

Sent by Mr McCulloh and Mr Rogers.

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

Sent by Mr Wm Person and Mr Lanier.

Mr Martin moved for leave to present a Bill for appointing commissioners to erect a court house, prison and stccks in the County of Guilford.

Ordered he have leave accordingly.

-------------------- page 899 --------------------

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

Sent by Mr Frazier and Mr Picket.

Ordered the Bill for enlarging the time of saving Lots in the Town of Windsor for erecting a court house, prison and stocks for the County of Bertie in the said Town and other purposes be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Mr Howe moved for leave to present the following Bills, Vizt,

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

The Bill for establishing Triennial Assemblies.

Ordered he have leave accordingly.

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

Sent by Mr Tignal Jones and Mr Benbury.

Mr J. Rowan moved for leave to present a Bill in addition to an Act Intitled an Act to encourage the destroying of vermin in the several counties therein mentioned, passed in 1773.

Ordered he have leave accordingly.

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

Sent by Mr Jordan and Mr Jos Jones.

On motion ordered the Bill to restrain Fishing with seins in New River in Onslow County be read the third time. Read the same a third time and rejected.

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

Sent by Mr McCulloh and Mr Hunter.

Mr Martin from the Committee to report what Laws are expired &ca presented a Bill to enable the Justices 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, which he read in his place and delivered in at the Table where the same was again read, passed, and ordered to be sent to the Council.

Sent by Mr B. Harvey and Mr Benbury.

-------------------- page 900 --------------------

Received from the Council the following Bills, Vizt,

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

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

The Bill for further continuing an Act intitled an Act for appointing a printer to this province.

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

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

The Bill to amend an Act for laying out a Town on the lands of Richard Evans in Pitt County &ca. Endorsed in the upper House 11th March 1774. Read the first time and passed.

The Bill to amend an Act, Intitled an Act for building a court House in the Town of Salisbury for the district of Salisbury.

The Bill for the more effectual obtaining an exact list of Taxables for the Town of Newbern &ca. Endorsed, In the upper House 11th March 1774. Read the second time, amended and passed.

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

The Bill for establishing Triennial Assemblies.

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

The Bill in addition to an Act, Intitled an Act to encourage the destroying of vermin &ca. Endorsed in the upper House, 11th March 1774. Read the first time and passed.

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

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

Endorsed in the upper House 11th March 1774. Read the second time and passed.

The Bill to amend an Act Intitled an Act for repairing the gaol for the District of Halifax in the Town of Halifax. Endorsed, In the upper House 11th March. Read the third time and passed. Ordered to be engrossed.

Mr Martin from the Committee appointed to enquire what Laws are expired or near expiring &ca,

Reported that the Law for appointing Vestries will expire at the end of this Session of Assembly, and that its importance calls for its further continuance and having

-------------------- page 901 --------------------
taken into consideration the state of the poor of this Colony, are of opinion that a proper provision is not made for them by the Laws and recommend that the Vestries of each respective Parish in this Colony be invested with powers and Authorities to erect and build a poor house in the same, and levy a tax on its inhabitants for the purpose aforesaid, when by the said vestry it shall be judged convenient and necessary.

And that the poor of this Province may never want support, we further recommend that when any Vestry has or hereafter shall fail to make provision for the same that the Court of the County in which such parish is included should be invested with that necessary power and authority as the vestry of the same in such case might have had.

There are other Laws of consequence to this Colony which have expired, or are near expiring, which we beg leave to have time to take under further consideration.

ANDREW KNOX,
ALEX. MARTIN,
THOs JONES.

Received from the Council the following message, Vizt,

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 a temporary relief to the present distressed state of the Province that the establishment of Courts of Justice, the Law of foreign attachments, and the repeal of the Bill of 1748, be all in separate Acts; that the establishment of Courts be only for a year, and that the attachment Law be 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 requests the opinion of your House upon this proposal.

In the upper House 11th March, 1774.

On a question whether this House should agree to the Council's Message upon their reading the Superior Court Bill for the third time, as far as respects foreign attachments, the Yeas and Nays were ordered to be taken, and are as follows, to wit,

-------------------- page 902 --------------------
Yeas:
Mr Allen Jones
Mr Thos Person
Mr Macnair
Mr Polk
Mr Lanier
Mr Lock.
Mr Bright
Mr Martin
Mr Tignal Jones
Mr Rutherford
Mr C. Robinson
Mr W. Moore
Mr Hunt
Mr Rogers
Mr Field
Mr Gray
Nays:
Mr Ashe
Mr Macknight
Mr Mc Culloh
Mr Stanley
Mr Mc Alister
Mr Edwards
Mr Ormond
Mr Coor
Mr Hatch
Mr Hunter
Mr Everigin
Mr J. Johnston
Mr Hooper
Mr Howe
Mr Williamson
Mr J. Rowan
Mr Harnett
Mr B. Harvey
Mr Benbury
Mr S. Johnston
Mr Knox
Mr J. Jones
Mr Salter
Mr Simpson
Mr Thompson
Mr Cray
Mr F. Campbell
Mr Oldham
Mr Alston
Mr T. Robeson
Mr Smithwick
Mr Spicer
Mr Hovey
Mr Mc Anally
Mr Hart
Mr Frazier
Mr Stewart
Mr Jordan
Mr Hearring
Mr Perkins
Mr Haywood
Mr Spruil
Mr Ward
Mr Parker
Mr Wm Person
Mr Shepard
Mr Thos Jones
Mr Kenan
and
Mr Reding.

On the questions being put on the Council's Message respecting the fees of the Chief Justice being deled in the Superior Court Bill the Yeas and Nays were ordered to be taken, and are as follows, to wit,

Yeas:
Mr Saml Johnston
Mr Hooper
Mr A. Jones
Mr Hovey
Mr Benbury
Mr Bright
Mr Macnair
Mr Field
Mr Oldham
Mr Thos Person
Mr Wm Person
Mr Hunt
Mr Simpson
Mr Martin
Mr Macknight
Mr Moore
Mr Perkins
Mr Mc Anally
Mr Lock
Mr Rutherford
Mr C. Robinson
Mr Rogers
Mr Gray
Mr Hearring
Mr Williamson—25.
-------------------- page 903 --------------------
Nays:
Mr Harnett
Mr B. Harvey
Mr McCulloh
Mr Spruil
Mr Ward
Mr Polk
Mr Reding
Mr Knox
Mr Shepard
Mr J. Johnston
Mr Hatch
Mr Howe
Mr Jordan
Mr Ashe
Mr Thompson
Mr Hart
Mr Frazier
Mr Haywood
Mr Lanier
Mr Stanley
Mr Ormond
Mr Spicer
Mr T. Robinson
Mr F. Campbell
Mr Everigin
Mr Hunter
Mr T. Jones
Mr Cray
Mr Smithwick
Mr I. Rowan
Mr Salter
Mr J. Jones
Mr Coor
Mr Parker
Mr McAlister
Mr Kenan
Mr Tignal Jones
Mr T. Stewart—38.

Then on motion ordered the following message be sent to the Council, Vizt

Gentlemen of His Majesty's Honble Council,

This House have considered your message of this day relative to the Bill for establishing a Superior Court, and observe with sincere concern, that the proposals made by you with respect to establishment of Courts, are such as offer nothing more favourable to the inhabitants of this Province, than what they rejected at the last session of this 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 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

-------------------- page 904 --------------------
to provide a salary in a manner that may not be unworthy the acceptance of the Chief Justice of this Province.

JOHN HARVEY, Sp.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday, 12th March 1774.

The House met according to adjournment.

Ordered the Bill for further continuing an Act Intitled an Act for appointing a printer to this Province be read the second time. Read the same a second time, passed, and ordered to be sent to the Council.

Sent by Mr Hatch and Mr Shepard.

The Bill for erecting part of the Counties of Halifax and Tyrril into one distinct County and Parish. Read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Stewart and Mr Spruil.

The Bill to amend an Act Intitled an Act for building a Court house in the Town of Salisbury for the District of Salisbury. Read the third time, passed and ordered to be sent to the Council.

Sent by Mr Stuart and Mr Spruil.

The Bill for the more effectual obtaining an exact list of taxables for the Town of Newbern, for compelling the inhabitants of the said Town to pay their Taxes and for other purposes therein mentioned. Read the third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Coor and Mr Frazier.

Received from the Council the Bill to enable the Justices of 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. Endorsed in the upper House 12th March 1774. Read the first time and passed.

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

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

The Bill to amend an Act Intitled an Act for Building a Court House in the Town of Salisbury for the District of Salisbury.

The Bill for the more effectual obtaining an exact list of taxables for the Town of Newbern, for compelling the Inhabitants of the

-------------------- page 905 --------------------
said Town to pay their Taxes, and for other purposes therein mentioned.

The Bill to impower the Justices of Anson County to establish free Ferries and lay a Tax for defraying the charges thereof. Endorsed, In the upper House 12th March 1774. Read the third time and passed. Ordered to be engrossed.

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

Sent by Mr Field and Mr Parker.

The Bill to inforce an Act Intitled an Act to encourage the destroying of vermin in the several Counties therein mentioned, passed in the year 1773, read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr T. Robinson and Mr Perkins.

The Bill to amend and further continue an Act intitled an Act concerning Vestries, read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr T. Person and Mr Rogers.

The 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, read the second time, passed and sent to the Council.

Sent by Mr Wm. Moore and Mr Jordan.

Mr Polk presented the Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town. Read the first time, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Lanier.

Mr Lanier moved for leave to present 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.

Ordered he have leave accordingly.

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

Sent by Mr Polk and Mr Lanier.

Ordered the Bill to amend an Act Intitled an Act for the better observation and keeping of the Lord's day commonly called Sunday,

-------------------- page 906 --------------------
and for the more effectual suppression of vice and immorality be read the second time. Read the second time and rejected.

Mr Rogers moved for leave to present a Bill to facilitate the navigation of Neuse River.

Ordered he have leave accordingly.

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

Sent by Mr Tignal Jones and Mr Rogers.

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

Sent by Mr Tignal Jones and Mr Rogers.

The Bill for dividing the parish of Edgecomb in the County of Halifax into two distinct parishes. Read the second time, passed, and ordered to be sent to the Council.

Sent by Mr McCulloh and Mr Stewart.

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

Sent by Mr McCulloh and Mr Stewart.

Mr Thomas Robeson moved for leave to present a Bill to amend an Act Intitled an Act for building public Mills and directing the duty of Millers.

Ordered he have leave accordingly.

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

Sent by Mr Thos Robeson and Mr Picket.

Mr Bright moved for leave to present a Bill to prevent the pernicious practice of hunting with a gun in the night by firelight.

Ordered he have leave accordingly.

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

Sent by Mr Thos Robeson and Mr Picket.

Ordered the Bill to prevent counterfeiting the paper money of this and the other British Colonies and to prevent counterfeiting gold and silver coin circulating in this Province be read the second

-------------------- page 907 --------------------
time. Read the same a second time, passed, and ordered to be sent to the Council.

Sent by Mr Thos Robeson and Mr Picket.

The Bill to amend an Act for laying out a Town on the lands of Richard Evans in Pitt County &ca, read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr I. Jones.

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

Sent by Mr Simpson and Mr I. Jones.

The Bill for altering the dividing lines between the Counties of Rowan and Mecklenburg, read the third time and rejected.

The Bill to discontinue the poll Tax of one shilling and duty of 4d per gallon on rum, wine and other spiritous liquors, read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Kenan and Mr Smithwick.

The Bill in addition to an Act Intitled an Act to prevent the exportation of unmerchantable commodities, read the third time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Coor.

The Bill to amend an Act Intitled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties &ca, read the second time, passed and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Coor.

Mr Thomas Person moved for leave to present a Bill directing the method of appointing Jurors in all causes civil and Criminal.

Ordered he have leave accordingly.

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

Sent by Mr Thos Person and Mr Hunt.

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

Sent by Mr Martin and Mr Field.

The Bill for appointing commissioners to erect a Court House,

-------------------- page 908 --------------------
prison and Stocks in the County of Guilford, read the second time, passed and ordered to be sent to the Council.

Sent by Mr Martin and Mr Field.

Received from the Council the following Bills Vizt,

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

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

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.

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

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

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

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. Endorsed, In the upper House 12th March, 1774. Read the second time and passed.

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

A Bill to enlarge 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.

A Bill for erecting parts of the Counties of Halifax and Tyrrell into one distinct County and parish. Endorsed, In the upper House 12th March, 1774. Read the second time, amended and passed.

A Bill to amend an Act Intitled an Act for building public mills and directing the duty of Millers.

A Bill to facilitate the navigation of Neuse River.

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

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, and

A Bill to prevent the pernicious practice of hunting with a gun

-------------------- page 909 --------------------
in the night by firelight. Endorsed, in the upper House 12th March 1774. Read the first time and passed.

Mr Francis Nash, one of the Members for Orange County, and Mr James Picket, one of the Members for Anson County, appeared.

Then the House adjourned till Monday morning 10 oClock.


Monday 14th March 1774.

The House met according to adjournment.

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

Sent by Mr Hunt and Mr Thos Robeson.

Mr Rothenus Latham appeared.

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

Sent by Mr Smithwick and Mr Frazier.

The Bill for further continuing an Act Intitled an Act for appointing a printer to this Province. Read the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Smithwick and Mr Frazier.

The Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County and for regulating the said Town. Read the second time, amended, passed, and ordered to be sent to the Council

Sent by Mr Polk and Mr Parker.

The Bill for enlarging the time of saving lots in the Town of Windsor, for erecting a court house prison and stocks for the County of Bertie in the said Town, and other purposes. Read the third time, passed and ordered to be sent to the Council.

Sent by Mr J. Johnston and Mr Lanier.

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

Sent by Mr J. Johnston and Mr Lanier.

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

-------------------- page 910 --------------------
passed in the year 1773. Read the third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Williamson and Mr Bright.

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

Sent by Mr Parker and Mr McAnally.

The 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. Read the third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Wm Moore and Mr Perkins.

The Bill to prevent the wilful and malicious killing of slaves. Read the second time, passed, and ordered to be sent to the Council.

Sent by Mr Ormond and Mr Latham.

Received from the Council the following Bills, Vizt,

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

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

The Bill for enlarging the time of saving lots in the Town of Windsor. Endorsed, In the upper House 14th March 1774. Read the third time and passed. Ordered to be engrossed.

The Bill to amend an Act Intitled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties of, &ca. Endorsed, In the upper House 14th March 1774. Read the second time and passed.

Mr Allen Jones and Mr Macnair having obtained leave to absent themselves from the service of the House the 12th Instant, but upon their frequent appearing in the House since such leave, Mr Harnett moved that their leave be withdrawn, and that they take their seats again, which passed in the affirmative.

Received from the Council the following Bills, Vizt,

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

The 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.

The Bill to enforce an Act Intitled an Act to encourage the

-------------------- page 911 --------------------
destroying of vermin in the several counties therein mentioned, passed in the year 1773, and,

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

Endorsed in the upper House 14th March, 1774. Read the third time and passed. Ordered to be engrossed.

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

The 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.

The Bill for dividing the Parish of St Mary's in the County of Edgecomb into two distinct Parishes, and,

The Bill for appointing commissioners to erect a court house, prison and stocks in the County of Guilford.

Endorsed, In the upper House 14th March 1774. Read the second time and passed.

The Bill to oblige the prosecutors of offences not capital to pay the costs of prosecutions where the defendant shall be acquitted. Endorsed, In the upper House 14th March 1774. Read the second time, amended and passed.

Mr Martin from the Committee appointed to enquire what Laws are expired or near expiring, &ca, reported as follows, Vizt,

We your Committee having taken into consideration “an Act Intitled an Act to encourage the culture of Hemp and Flax and other purposes,” which expired in the year 1772, are of opinion that those valuable articles of commerce in this rising Colony ought still to be encouraged by Legislative bounty, do recommend that the said Act be revived, with such necessary amendments and alterations as shall be best suited to the interest of this Colony.

We report that the “Act to regulate and ascertain the fees of the Clerks of the pleas in the Superior and Inferior Courts of this Colony” &ca, have expired, and should Courts of Justice be again established, it will be necessary that those officers have their fees heretofore deemed too vague, regulated by legal prescription.

Lastly, we are of opinion that the fees of the Clerks of the Crown in this Colony prescribed by the fee Act of 1748, are also too vague and uncertain and that many great abuses have arisen by reason of the ambiguity of the said Act, to the great grievance of many of

-------------------- page 912 --------------------
his Majesty's subjects in this Colony. We therefore recommend that the same be regulated and ascertained in such a manner as will prevent the grievance justly complained of.

ANDREW KNOX
THOs JONES
ALEX. MARTIN.

The House taking the same under consideration, concurred therewith.

Received from the Council the following message, 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 extent 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 and 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 913 --------------------
any ideas 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 still 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.

In the upper House 14th March 1774.

Ordered the same lie for consideration.

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday 15th March 1774.

The House met according to adjournment.

Mr Needham Bryan one of the Members for Johnston County, and Mr Hugh Montgomery, the member for Salisbury, appeared.

On motion ordered the Bill to enforce an Act, Intitled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties &ca be read the third time. Read the same a third time, amended, passed, and ordered to be sent to the Council.

Sent by Mr Gray and Mr Bryan.

Mr Edwards moved for leave to present a Bill to oblige vessels having infectious distempers to perform their Quarrentine.

Ordered he have leave accordingly.

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

Sent by Mr Gray and Mr Bryan.

Mr Martin from the committee appointed to enquire what Laws are expired &ca, presented 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, which he read in his place and delivered in at the Table

-------------------- page 914 --------------------
where the same was again read, passed, and ordered to be sent to the Council.

Sent by Mr Reding and Mr Rogers.

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

Sent by Mr Knox and Mr B. Harvey.

Received from the Council the following Bills, Vizt,

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

Endorsed, In the Upper House 15th March 1774. Read the first time and passed.

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

Endorsed, In the upper House, 15th March 1774. Read the second time, amended and passed.

The Bill to enforce an Act Intitled an Act for preventing the frequent abuses in taking up and secreting stray horses in the Counties &ca.

Endorsed, In the upper House 15th March 1774. Read the third time and passed. Ordered to be engrossed.

Ordered the Bill to facilitate the navigation of Neuse River be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Rogers and Mr Charles Robeson.

The Honble Alexander McCulloch and William Dry, Esquires, two of His Majesty's Council, came to the House, and Mr Hugh Montgomery was qualified by taking the several Oaths by Law appointed for qualification of Public officers and repeating and subscribing the Test.

Received from the Council the following Bills, Vizt,

The Bill to regulate and ascertain the fees of the Clerks of the pleas &ca. Endorsed, In the upper House 15th March 1774. Read the first time and passed.

The Bill to amend and further continue an Act Intitled an Act concerning Vestries. Endorsed in the upper House 15th March 1774. Read the third time and passed. Ordered to be engrossed.

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

-------------------- page 915 --------------------

Sent by Mr Shepard and Mr Field.

The Bill to prevent the pernicious practice of hunting with a gun in the night by firelight. Read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Shepard and Mr Field.

Received from the Council the Bill to facilitate the navigation of Neuse River. Endorsed, In the upper House 15th March 1774 Read the second time and passed.

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

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, to wit,

And be it furtehr 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

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

-------------------- page 916 --------------------

Or where he has removed himself out of his County privately or absconds and 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 attachments 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 adopt 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.

Sent by Mr McCulloh and Mr Benbury.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday 16th March 1774.

The House met according to adjournment.

On motion ordered the Bill to facilitate the navigation of Neuse River, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Lanier and Mr Rogers.

The 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 Saint Jude's Parish, read the third time, passed and ordered to be sent to the Council.

Sent by Mr Lanier and Mr Rogers.

-------------------- page 917 --------------------

Mr. T. Robeson moved for leave to present 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.

Ordered he have leave accordingly.

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

Sent by Mr Robeson and Mr Picket.

On motion ordered the Bill to amend an Act Intitled an Act for building public mills, &ca, be read the second time. Read the same a second time and rejected.

The Bill to enable the Justices 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, read the second time and rejected.

The Bill for dividing the Parish of St. Mary's in the County of Edgecomb into two distinct Parishes, read the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Stewart and Mr Hunter.

The Bill for establishing Triennial Assemblies, read the second time, passed and ordered to be sent to the Council.

Sent by Mr Stewart and Mr Hunter.

The Bill to amend an Act for the laying out a Town on the land of Richard Evans in Pitt County &ca, read the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Simpson and Mr Salter.

Received from the Council the following Bills, Vizt,

The 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. Endorsed, In the upper House 16th March 1774. Read the first time and passed.

The 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.

The Bill to facilitate the navigation of Neuse River.

Endorsed, in the upper House 16th March 1774. Read the third time and passed. Ordered to be engrossed.

The Bill for dividing the Parish of St. Mary's in the County of Edgecomb into two distinct parishes.

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

-------------------- page 918 --------------------

Endorsed, In the upper House 16th March 1774. Read the third time and passed. Ordered to be engrossed.

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

Sent by Mr Simpson and Mr Salter.

A Bill to oblige Vessels having infectious distempers on Board to perform their quarrentine. Read the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Bright and Mr Frazier.

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

Sent by Mr Hunter and Mr Field.

Received from the Council the following Bills, Vizt

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

The 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.

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

Then the House adjourned till to-morrow morning.


Thursday, 17th March 1774.

The House met according to adjournment.

Mr Elisha Battle one of the members for Edgecomb County appeared.

On motion ordered the Bill to impower the Justices of Bladen County to hold the Inferior Courts of pleas and quarter sessions in the Town of Elizabeth in the said County, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Robeson and Mr McAnally.

The Bill for vesting in certain persons therein named two acres of Land at Belville in Currituck County as Trustees for erecting a

-------------------- page 919 --------------------
Chapel thereon and for enclosing a burying ground. Read the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Williamson and Mr Perkins.

The Bill for establishing the court house in the Town of Charlotte in Mecklenburg County and for regulating the said Town. Read the third time, passed and ordered to be sent to the Council.

Sent by Mr Polk and Mr Rogers.

The Bill for appointing commissioners to erect a court house, prison and stocks in the County of Guilford. Read the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Martin and Mr Field.

Received from the Council the following Message, to wit,

Mr Speaker and Gentlemen of the Assembly,

This House have taken into consideration your proposal 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.

Endorsed, In the upper House 17th March, 1774.

Ordered the following message be sent to the Council,

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 Macknight, Mr Samuel Johnston, Mr Edwards, Mr Ormond, Mr Howe, Mr Ashe, and Mr Caswell to see the same made Accordingly.

JOHN HARVEY, Sp.

Mr Macknight presented a petition whereby it appears to this House by the testimony of indifferent and disinterested persons, that one hundred and ninety-one pounds ten shillings proc. money of this Province, the property of Mr Robert Howe, was lost and destroyed by fire in the House of Mrs Conway in Newbern some Sessions past.

Resolved, that the Treasurers or either of them pay to the said Robert Howe the said sum of one hundred and ninety-one pounds ten shillings, out of the Sinking Fund and be allowed in their accounts with the public, and that the following Message be sent to the Council,

-------------------- page 920 --------------------

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.

Sent by Mr Benbury and Mr Oldham.

Received from the Council the following Bills, Vizt,

The 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.

The Bill to amend an Act for the laying out a Town on the Lands of Richard Evans in Pitt County, &ca,

The 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, and,

The Bill for establishing the Court House in the Town of Charlotte in Mecklenburg County, and for regulating the said Town. Endorsed, In the upper House, 17th March 1774. Read the third time and passed.

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

Mr Speaker and Gentlemen of the House of Assembly,

I lay before you herewith Accounts of the disbursments of Captain Collet commander of Fort Johnston, for the necessary reparations of that place, which I recommend to your allowance, and I should be wanting in justice to that Gentleman, if I failed to assure you, at the same time, that he has exerted the utmost zeal and diligence in carrying on this public service of the Province, by which the Fort which has always been deemed of the highest importance to the security of Cape Fear River, that grand channel of its Commerce, will become really defensible and respectable, and afford that protection for which it was originally designed.

JO. MARTIN.

Newbern 17th March 1774.
-------------------- page 921 --------------------

Received at the same time the Accounts above mentioned.

Ordered the same lie for consideration 'till tomorrow morning.

Received from the Council the Bill for dividing the Province into six several Districts and for establishing a Superior Court of Justice in each of the said Districts. Endorsed, In the upper House 17th March 1774. Read the third time and passed. Ordered to be engrossed.

On motion 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 his dwelling House the 5th day of March last, as appears by indifferent and disinterested testimony. That the Treasurers, or either of them, pay him the same, and be allowed in their accounts with the public, and that the following Message be sent to the Council, Vizt,

Gentlemen of His Majesty's Honorable 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 his 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.

JAMES HARVEY, Speaker.

Sent by Mr Polk and Mr Lock.

The House adjourned till tomorrow morning 10 oClock.


Friday 18th March 1774.

The House met according to adjournment

Received from the Council the following Bills, Vizt,

The Bill for appointing commissioners to erect a Court House, prison and stocks in the County of Guilford. Endorsed, in the upper House 17th March 1774. Read the third time and passed. Ordered to be engrossed.

The Bill directing the method of appointing Jurors in all causes civil and criminal. Endorsed, in the upper House 17th March 1774. Read the first time and passed.

-------------------- page 922 --------------------

Also a Resolve of this House in favour of Mr Robert Howe for one hundred and ninety one pounds ten shillings. Endorsed, In the upper House 17th March 1774. Concurred with.

JAMES HASELL, P.C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing Mr Robert Howe the sum of one hundred and ninety one pounds ten shillings, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Benbury and Mr J. Johnston.

Mr Ashe Chairman of the Committee of Claims laid before the House their reports, which was read and concurred with and sent to the Council by Mr Knox and Mr Salter.

Received from the Council the Resolve of this House for allowing John Phifer the sum of twenty-one pounds five shillings. Endorsed, In the upper House, 18th March 1774. Concurred with.

JAS HASELL, P. C.

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

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

Sir,

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

JOHN HARVEY, Sp.

Sent by Mr Martin and Mr Polk.

On motion Resolved that William Bryan, Sheriff of Craven County, be allowed the sum of fourteen pounds and eight pence out

-------------------- page 923 --------------------
of the contingent fund for conveying Spencer Dew from Newbern to Duplin County under Guard, and for sundry irons for Felons; that the Treasurers or either of them pay him the same, and be allowed in their accounts with the public, and that the following Message be sent to the council, to wit,

Gentlemen of His Majesty's Honble Council,

This House have 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, Sp.

Sent by Mr Hatch and Mr Coor.

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

Sent by Mr Ormond and Mr J. Jones.

Received from the Council 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. Endorsed, in the upper House 18th March, 1774. Read the second time and passed.

Also the Resolve of this House for allowing William Bryan fourteen pounds and eight pence. Endorsed, In the upper House 18th March, 1774. Concurred with.

JAMES HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing William Bryan, Sheriff of Craven County, the sum of

-------------------- page 924 --------------------
fourteen pounds and eight pence, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Caswell and Mr Knox.

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

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the resolve of your House allowing Mr Robert Howe the sum of one hundred and ninety one pounds, ten shillings, concurred in by His Majesty's Honble Council with my assent thereto.

JO. MARTIN.

Also the Resolve of this House allowing Robert Howe one hundred and ninety one pounds ten shillings. Endorsed, Assented to.

JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House allowing John Phifer of Mecklenburg County, the sum of twenty one pounds five shillings. Concurred in by His Majesty's Honble Council, with my assent thereto.

JO. MARTIN.

Newbern 18th March 1774.

Also the Resolve of this House allowing John Phifer the sum of twenty one pounds five shillings. Endorsed, Assented to.

JO. MARTIN.

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House allowing William Bryan, Sheriff of Craven County, the sum of fourteen pounds and eight pence, Concurred in by His Majesty's Council with my assent thereto.

JO. MARTIN.

Newbern 18th March 1774.

Also the Resolve of this House allowing William Bryan the sum of fourteen pounds and eight pence. Endorsed, assented to.

JO. MARTIN.
-------------------- page 925 --------------------

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

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

Sir,

In consequence of your Excellency's message of the third of this month we have taken under consideration the act of Indemnity passed the November session 1771, and finding that it is copied almost word for word from British Acts of Parliament upon similar occasions extending no benefit, protection or indemnity to His Majesty's Subjects, who stood up in support of his Government in this Country, but such as have been extended to his Subjects of Great Britain, receive with surprise the information that the Lords Commissioners of Trade and Plantations, think an explanatory Act at all necessary. We are persuaded however, that if that Honble Board would but compare the Act of Indemnity with the Act of Parliament after which it was modelled, they would not continue to think themselves under the necessity of laying a Law to which their observations refer, before the King, for his Royal disallowance. But if they should still continue in that opinion, we have the fullest reliance upon His Majesty's Goodness, who equally attentive to all his people, will not withhold that security from his Subjects of North Carolina which has in like cases been granted to His subjects of Great Britain, nor leave those people who with the risque of their lives, and the expence of sixty thousand pounds to this Province, have supported his Government by suppressing a dangerous Insurrection exposed to the malicious prosecutions of a set of Insurgents who had trampled upon the Laws of their Country, under the influence of which they might have been happy, and who, was the Act of Indemnity to be repealed, might commence vexatious suits in the very Courts which they had overthrown, against the persons and for the very actions by which those Courts were again established. Your Excellency to whom these facts are well known will we hope as Governor of this Province, properly represent this matter to His Majesty, and also to the Lords Commissioners of Trade and Plantations and endeavour to prevent the repeal of the Act of Indemnity, which holds forth no benefit to the people of this Country, but what we think they merit, and what we must again repeat has in similar cases been extended to our fellow Subjects in Great Britain.

JOHN HARVEY, Sp.
-------------------- page 926 --------------------

Sent by Mr Ashe and Mr Thomson.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday, 19th March 1774.

The House met according to adjournment.

On motion ordered Mr Ashe and Mr Knox wait on His Excellency the Governor and acquaint him the House have prepared the Bill for dividing the province into six several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and desire to know when the House shall wait on him to present it. Being returned, brought for answer that his Excellency would return the rest of the Bills after he had examined them, and would receive the House at 5 oClock this afternoon.

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

On motion, Resolved that certain persons who were disabled in the service of the Government at the Battle of Alamance and who by Resolve of a former Assembly were allowed an annual provision during the time of their disability, provided they produced certificates from the Courts of the County where they resided that they continued objects of public bounty, and who from the unhappy state of this Province cannot obtain such certificates, be paid by the public Treasurers the sums now due them by the public, all further sums which shall become due, provided they produce certificates from three Justices of the Counties where they reside, that they remain disabled, which certificates till the establishment of Courts shall be taken by the Treasurers as proper warrants for their paying the same.

On motion, Resolved, Nem. Con., That this House and His Majesty's Honble Council have pursued every measure in their power to release this Colony from the distressed situation to which it is reduced for want of Court Laws, and that by the Bills which have passed through this House and the Council, as well as by the Bills now under consideration, have used their utmost endeavour to lessen the present and prevent the future calamities of this Colony.

Received from the Council the Bill to oblige vessels having infectious distempers on board to perform their quarantine. Endorsed, In the upper House 19th March 1774. Read the second time, amended and passed.

-------------------- page 927 --------------------

Mr Speaker with the House waited on His Excellency the Governor at the Palace and presented him with the following Bills, to wit,

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

5.A Bill to amend an Act Intitled an Act for building a Court house in the Town of Salisbury for the District of Salisbury.

6.A Bill for the more effectual obtaining an exact list of taxables for the Town of Newbern, 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 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 intitled an Act for appointing a printer to this province.

11.A Bill for erecting part of the Counties of Halifax and Tyrril 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 enforce an Act Intitled an Act to encourage the destroying

-------------------- page 928 --------------------
of vermin in the several Counties therein mentioned, passed in the year 1773.

17.A Bill to enforce an Act Intitled 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, Tyrrell, Craven, Pitt and Chatham.

18.A Bill to amend and further continue an Act Intitled 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 willful and malicious killing of slaves.

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 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 enclosing 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, and,

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

To which said Bills His Excellency was pleased to give his assent, except,

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, and then made a Speech to His Majesty's Honble Council and this House, to wit,

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

I have passed every Bill you have presented to me but one, and that the most important of any.

-------------------- page 929 --------------------

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 your Bill for Establishing Superior Courts of Justice, 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 upon 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 those rules, would have saved me from those tender feelings that now oppress my Heart.

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 wishes to the utmost extent of my power. Because that admits not 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 heartfelt devotion to its services.

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.

Newbern March 19th 1774.

Then the House adjourned till Monday morning 10 oClock.


Monday 21st March 1774.

The House met according to adjournment.

Mr Hunt presented a petition from sundry inhabitants of Granville County praying a Law may pass for restraining negroes trading with white people, &c.

Ordered the same lie for consideration.

On motion ordered the Bill for establishing Courts of Oyer and Terminer and General Gaol delivery and directing the mode of appointing jurymen, and also for hearing and determining appeals and writs of error from the Inferior Courts and regulating other

-------------------- page 930 --------------------
proceedings therein, be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Bright and Mr Stewart.

On motion ordered the Bill for establishing Inferior Courts of pleas and quarter Sessions in the several Counties in this Province, and for regulating the proceedings therein be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr B. Harvey and Mr Everign.

On motion ordered the Bill to regulate the fees of the Clerks of the pleas in the Inferior Courts in this Colony, be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lock and Mr Hunt.

On motion ordered the Bill to oblige vessels having infectious distempers on board to perform their quarantine be read the third time. Read the same a third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Knox and Mr Williamson.

On the question being put whether the Bill for establishing Inferior Courts of pleas and quarter Sessions in the several Counties in this Province and for regulating the proceedings therein, should pass, it was objected to, and on division of the House carried in the affirmative.

Then on motion ordered the yeas and nays be taken to the said question, and are as follows to-wit,

Yeas:
Mr Harnett
Mr Ashe
Mr Hooper
Mr Thos Jones
Mr Edwards
Mr Frazier
Mr Benbury
Mr Brown
Mr J. Johnston
Mr Simpson
Mr Howe
Mr Williamson
Mr B. Harvey
Mr Thomson
Mr Hovey
Mr Cray
Mr McCulloh
Mr Hart
Mr Smithwick
Mr Shepard
Mr Robinson
Mr F. Campbell
Mr Polk
Mr Everign
Mr J. Rowan
Mr Haywood
Mr Saml Johnston
Mr Stanley
Mr Knox
Mr Oldham
Mr Ormond
Mr McAlister
Mr Kenan
Mr Martin
Mr Macknight
Mr Hearring
-------------------- page 931 --------------------
Mr Perkins
Mr Hunter
Mr Reding.
Mr Bryan
Mr Chas Robinson
Mr J. Jones
Mr Nash
Mr Montgomery
Mr Stewart
Mr Jordan
Mr Latham
Mr Battle
Nays:
Mr Bright
Mr Salter
Mr Thos Person
Mr W. Moore
Mr Rutherford
Mr Ward
Mr Coor
Mr Hunt
Mr McAnally
Mr Lanier
Mr Field
Mr Parker
Mr Hatch
Mr Lock
Mr Picket.

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

Mr Speaker and Gentlemen of the House of Assembly,

In answer to your message of the 18th Instant, I must observe that it appears to me the Lords of Trade by their instructions communicated to you in my message of the third day of this month approve of the fullest security being extended by the Act of Indemnity to all persons who acted in support of Government during the disorders that prevailed in this province for everything done then for the public service, and that their Lordships objected only to the loose wording of that Act, apprehending that persons might take shelter under it to whom the Legislature did not intend to give protection on the plea of having acted in that time of public convulsion in defence of government, and screen themselves from prosecution for violences and offences against the Laws, not actually done in the public Services.

I have already fully represented to the Lords of Trade the conformity of the Act of Indemnity passed here to the Acts of Parliament passed after the Rebellions in Great Britain as my justification for assenting thereto; and the ground on which I expected their Lordships favorable acceptance of it, and you may be assured Gentlemen I will faithfully report your sense on this act to that Board, and make every further representation upon the subject that becomes my duty as Governor of this Province, and my sincere respect and regards for the supporters of His Majesty's Government and the Laws of this Country.

JO. MARTIN.

Newbern, March 21st, 1774.
-------------------- page 932 --------------------

The order of the day being read for taking under consideration His Excellency's Message respecting Fort Johnston, Ordered the same be deferred till to-morrow morning.

Then the House adjourned till to-morrow morning 10 oClock.


Tuesday 22d March 1774.

The House met according to adjournment.

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

Sent by Mr Bright and Mr Lanier.

Ordered Mr Hunter have leave to absent himself from the service of this House after to day.

Received from the Council the Bill to oblige vessels having infectious distempers on Board to perform their quarrentine. Endorsed, In the upper House 22d March, 1774. Read the third time and passed. Ordered to be engrossed.

Also the following Message, to wit,

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. Endorsed, In the upper House 22d March 1774.

Ordered the following message be sent to the Council,

Gentlemen of His Majesty's Honble Council,

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

“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

-------------------- page 933 --------------------
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, Sp.

Received from the Council the following message, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

On reading in this House the third time the Bill for establishing Courts of Oyer and Terminer and general gaol delivery &ca, 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 Court 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.

If your House agree to these amendments, be pleased to send some of your members to see the same inserted. Endorsed, In the Upper House 22d March, 1774.

Ordered the following Message be sent to the Council, 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 are willing to admit the amendments proposed by you with respect to the Title, with the following alteration which we doubt not you will approve of, Vizt,

“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

-------------------- page 934 --------------------
if you think it an unnecessary or improper distinction in that Office we shall not contend for keeping it in the Bill.

JOHN HARVEY, Sp.

Received from the Council the following Bills, Vizt,

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

The 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. Endorsed, In the upper House 22d March, 1774. Read the third time and passed. Ordered to be engrossed.

Then the House adjourned till 4 oClock in the afternoon.

The House met according to adjournment.

On motion ordered the Bill for appointing a Militia be read the second time. Read the same a second time and rejected.

On motion ordered the Bill to regulate and ascertain the fees of the Clerks of the Inferior Courts in this Colony, be read the third time. Read the same a third time, amended passed and ordered to be sent to the Council.

Sent by Mr Bright and Mr Hunt.

Then the House adjourned till tomorrow morning 9 oClock.


Wednesday 23d March 1774.

The House met according to adjournment.

On motion Resolved that Colo John Harvey Speaker be allowed the sum of two hundred pounds proc. 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 that the following message, be sent to the Council, to wit,

Gentlemen of His Majestys Honorable Council,

This House have Resolved that Col John Harvey Speaker be allowed the sum of two hundred pounds proc. money for his extraordinary

-------------------- page 935 --------------------
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, Sp.

Sent by Mr Benbury and Mr Knox.

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

Sent by Mr Kenan and Mr Cray.

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

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

Sir,

This House have taken into consideration your Excellency's message of the 17th Instant relative to the disbursements made by Capt. Collet, Commander of Fort Johnston, and have allowed such parts as this House think the public ought to pay, but the House cannot consent to make an allowance for additions and alterations to the Fort, which they judge unnecessary, that were undertaken and carried on without the sanction or approbation of the Assembly, and which had they been previously consulted they should not have consented to have had made at the expence of this Province.

JOHN HARVEY, Speaker

Sent by Mr Stewart and Mr Polk.

Received from the Council the Bill to regulate and ascertain the fees of the Clerks of the Inferior Courts in this Colony. Endorsed, In the upper House 23rd March. Read the third time and passed. Ordered to be engrossed.

The Bill to prevent the pernicious practice of hunting with a gun in the night by firelight. Endorsed, In the upper House 23rd March 1774. Read the third time and passed. Ordered to be engrossed.

Received from the Council the Resolve of this House for allowing the Speaker two hundred pounds for his extraordinary trouble,

-------------------- page 936 --------------------
assiduity and attention to the last and present Session of the Assembly. Endorsed, In the upper House, Concurred with.

JAS. HASELL, P. C.

Ordered the following message be sent to his Excellency the Governor, Vizt,

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing Colo John Harvey, Speaker, two hundred pounds proc. money for his extraordinary trouble, assiduity and attention to the business of the last and the present Session of Assembly, concurred with by His Majesty's Honorable Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr T. Jones and Mr Benbury.

Received from the Council the following message, to wit,

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 Services, 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.

Endorsed, In the upper House 23d March, 1774.

Received from the Council the report of the Committee of Claims, Endorsed, In the upper House 23d March 1774, Concurred with.

JAS. HASELL, P. C.

Ordered the following message be sent to His Excellency the Governor, Vizt

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

Sir,

We herewith send your Excellency the Reports of the Committee of Claims, Concurred with by His Majesty's Honble Council and request your Excellency's assent thereto.

JOHN HARVEY, Sp.
-------------------- page 937 --------------------

Sent by Mr F. Campbell and Mr Ormond.

On motion Resolved that Mr Hooper, Mr Ashe, Mr Harnett, Mr Edwards, Mr Martin, Mr Howe and Mr Samuel Johnston be a Committee to draw up a loyal and dutiful Petition to His Majesty and the British Parliament praying that they would be graciously pleased to repeal so much of an Act of Parliament passed in the year of His Majesty's reign “An Act Intitled an Act to prevent paper Bills of Credit to be issued in any of His Majesty's Colonies or plantations in America from being declared to be a legal tender in payments of money and to prevent the Legal tender of such Bills as are subsisting from being prolonged the periods for calling in and sinking the same.” And to pray that this Province may be permitted to pass a Law to make the present Debenture Bills of this Province a legal Tender in all payments, and that in case His Majesty and the Parliament should not think proper to grant such permission, then that His Majesty will be graciously pleased to withdraw his instructions to the Governor of this Province instructing him not to pass any Law, subjecting the goods, chattles, lands and tenements of debtors taken on Execution to a valuation, and that this House may be permitted to pass a Law similar to the late Act in that case made.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House for allowing the Speaker the sum of two hundred pounds proc. money concurred in by His Majesty's Council to which I have given my assent with the greatest pleasure, having a just sense of the merits of the Gentleman who fills that office.

JO. MARTIN.

Newbern, 23d March 1774.

Received the above Resolve. Endorsed, Assented to.

JO. MARTIN.

Mr. Speaker and Gentlemen of the House of Assembly,

I return herewith the report of the Committee of Claims, Concurred in by His Majesty's Honble Council with my assent thereto.

JO. MARTIN.

Then the House adjourned till tomorrow morning 9 oClock.

-------------------- page 938 --------------------


Thursday, 24th March, 1774.

The House met according to adjournment.

Ordered the following Message be sent to the Council, 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 on 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 assent to your proposals.

JOHN HARVEY, Sp.

Sent the estimate of allowances of this House to the Council by Mr Hearring and Mr T. Robeson.

Received from the Council the estimate of this House. Endorsed, in the upper House 24th March, 1774. Concurred with.

JAS HASELL, P. C.

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

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

Sir,

We herewith send your Excellency the estimate of allowances of this House, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.
-------------------- page 939 --------------------

Sent by Mr Lanier and Mr Rutherford.

On motion, Resolved that Captain John Collect, Commander of Fort Johnston, be allowed the sum of three hundred and twenty-two pounds nine shillings and four pence for the necessary expenses of that Garrison, and that the Treasurers or either of them pay him the same and be allowed in their accounts with the public, and that the following Message be sent to the Council, Vizt,

Gentlemen of His Majesty's Honorable Council,

This House have Resolved that Captain John Collet, commander of Fort Johnston, be allowed for the necessary expences 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, and desire your Honours concurrence thereto.

JOHN HARVEY, Speaker.

Sent by Mr Oldham and Mr Harvey.

On motion, Resolved that the present establishment of Fort Johnston be continued until the end of the next session of Assembly and no longer, and that the following Message be sent to the Council, 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.

Sent by Mr Lanier and Mr Williamson.

On motion Resolved that the power of attaching the effects of Foreign debtors is founded upon principles of the strictest equity, and is a benefit so essential to the Commercial Interest of this Colony, that we think it a duty we owe ourselves, our constituents and posterity to retain it unimpaired, and that our not being able to obtain a Law for continuing this power to the inhabitants of this Country is the source from which the present distresses of this Province are principally derived.

Resolved that the Bill for dividing the province into six several districts and for establishing a Superior Court of Justice in each of

-------------------- page 940 --------------------
the said districts as it went from this House upon the third reading, appears to be fitted to the policy of this country, that it reserves to the Colony the power of attaching the effects of Foreigners, and the same time carefully guards against any injury that can happen to debtors residing out of this Province.

Resolved that a copy of the said Bill be transmitted to certain persons hereafter named in England, that they be directed to lay the same before the Lords Commissioners of Trade and Plantations for their consideration, and solicit that Honble Board to recommend the same to His Majesty, and to request that he would be graciously pleased to permit His Governor or Commander in Chief, to assent to an Act framed according to that model, and that they exert themselves to the utmost to obviate every objection that may be made thereto.

Resolved that an extention of jurisdiction of the Inferior Courts would be of great benefit to this Colony, and that therefore it is the duty of this House to endeavour to obtain His Majesty's most gracious permission to extend it accordingly, and that the said persons hereafter named be directed to pursue every measure in their power to effect the desirable end.

Resolved that Thomas Barker and Alexander Elmsley Esquires be appointed agents to carry into execution the purposes of the above Resolves, and that Mr Speaker, Mr Howe, Mr Johnston, Mr Hooper, Mr Edwards, Mr Ashe, Mr Harnett and Mr Hewes be appointed a Committee to transmit a copy of the above mentioned Bill, that they furnish the said Agents with the reasons which governed this House in the construction thereof, and with every necessary paper and instruction.

Resolved that the following message be sent to His Excellency the Governor, to wit,

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

Sir,

The melancholy situation to which this Country is reduced makes us think it a duty incumbent upon us to pursue every possible method for its relief, and as the misfortunes of this Province take their rise from certain instructions which restrain your Excellency from giving your Assent to the Laws for the establishing Superior and Inferior Courts but upon such conditions as we think incompatible

-------------------- page 941 --------------------
to the Commercial Interest of this Colony in particular and of Traffic in general; the obtaining from his most gracious Majesty an alteration of those instructions appears to be the only means to preserve this Country from impending ruin, and ought therefore to be the principal object of our attention; We conceive Sir, those instructions arose from the abuses to which the mode of attaching the effects of Foreigners by our former Laws were liable to, and that the establishing a method of foreign attachment, abstracted from the possibility of such abuse would remove the objections which induced Government to restrain that power. We have therefore Resolved, to transmit to the Lords Commissioners of Trade and Plantations the copy of Laws which reserving the power of foreign attachments to this Colony is so framed as not in any manner to be injurious to the interest of foreign debtors; this Law Sir, will be laid before the Honble Board by certain persons appointed for that purpose who will be furnished with the reasons which governed this House in their determinations thereupon, and who will be ready to answer any questions that may arise, and any objection that may be made thereto, and we hope that if that Law can be made to appear as equitable to their Lordships, as it does to us, they will recommend it to His Majesty to withdraw the instructions which at present withhold your Excellency's assent to it.

As an extension of the jurisdiction of the Inferior Courts of this Colony would be of the greatest benefit to persons in Trade, and is so ardently wished for by the Inhabitants of this Country, we have Resolved to endeavor to obtain permission to extend it; and shall also Transmit our reasons upon this subject to the Lords Commissioners of Trade and Plantations for their consideration, and persuade ourselves they are such as will be worthy of their attention.

When we consider, Sir, that the happiness of this Country absolutely depends upon the event of these applications we think it the highest duty we owe our Constituents to adopt the best expedient to promote their success, and as such, Sir, solicit that you will be pleased to support our efforts with your interest and influence, which from the warm wishes you have expressed for the happiness of this people we have the firmest persuasion you will exert to the utmost, and which we consider to be of the greatest importance towards obtaining the beneficial ends at which we aim. We have directed our Committee to lay before your Excellency the proceedings thereupon,

-------------------- page 942 --------------------
and hope they will appear to merit your approbation and concurrence.

JOHN HARVEY, Sp.

Sent by Mr T. Jones and Mr J. Johnston.

Received from His Excellency the Governor the following Message, Vizt

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the estimate of the expences of your House, concurred in by His Majesty's Honble Council with my assent thereto.

JO. MARTIN.

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

Mr Speaker and Gentlemen of the House of Assembly,

I have received with great concern your answer to my Message, relative to Captain Collet's accounts against the public, for the repairs of Fort Johnston.

If, Gentlemen, that officer has been transported by his zeal for the public service of this Province to incur expense without your previous concurrence, I hope it will not be reason with you to refuse to reimburse him, but that you will consider his motives as giving rather additional weight to his claims, and his reliance upon your Justice as a further recommendation to your favour. I persuade myself that if you had acquainted yourselves with the state and condition of Fort Johnston, of which the utility stands confessed upon your Journals for a series of years, you would not have deemed the repairs Captain Collet has made unnecessary.

If the protection of a Fort, is essential to the Navigation of Cape Fear River, as it has been long justly considered, it is certainly expedient to maintain it in a state to afford that protection, and as I have the fullest conviction that the service has been performed with the strictest integrity, and greatest regard to economy, I cannot forbear again recommending to your mature consideration the reasonableness of indemnifying this deserving officer, who is chargeable only with the venial transgression of having served the public voluntarily, and unauthorized, and I wish to bring to your recollection, Gentlemen, that provision has been heretofore made for defraying the expence of services of a like nature, performed without your

-------------------- page 943 --------------------
consent, or the same proper evidence that Captain Collett has shewn of their necessity.

JO. MARTIN.

Newbern 24th March 1774.

Received from the Council the Resolve of this House for allowing Captain Collett £322.9.4, and for continuing the establishment of Fort Johnston. Endorsed, In the upper House 24th March 1774. Concurred with.

JAS. HASELL, P. C.

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

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

Sir,

We herewith send your Excellency Resolves of this House for allowing Captain John Collet the sum of three hundred and twenty two pounds nine shillings and four pence; and for continuing the establishment of Fort Johnston until the end of the next Session of Assembly. Concurred with by His Majesty's Honble Council and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr McCulloh and Mr F. Campbell.

On motion Resolved that the poll tax of one shilling and duty of four pence per gallon on rum, wine and other spiritous Liquors for the purpose of sinking the proclamation money of this Country has long since had its effect,

Resolved that the House of Assembly have frequently passed Bills to repeal the Act under the Authority of which the said tax and duty were collected, and that their not being able to obtain a Law for that purpose is a great grievance to the inhabitants of this Province.

Resolved that the Treasurers of this Province issue orders to the collectors of the said tax not to receive from any of the inhabitants of this Province the said poll tax for the year 1774, or any subsequent year, and to the collectors of the said duty not to receive the same on any liquors imported into this Province after the first day of May next, and inform such collectors, that their not complying

-------------------- page 944 --------------------
with the said order will be deemed a great contempt to the Resolutions of this House, and merit its highest censure.

Resolved that the Assembly consider it as a duty incumbent upon them to indemnify any person or persons from all damages whatsoever which may be incurred from acting in obedience to the above Resolutions.

Resolved that the public faith stand engaged to make good any deficiency should any such be made appear on the final settlement of the money collected, in virtue of the said tax of one shilling per poll and duty of four pence per gallon.

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

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

Sir,

We have considered your Excellencys Message of this day relative to Captain Collets accounts, and inform your Excellency that this House, ever attentive to the interests of their constituents, have made such an allowance to Captain Collet as they think themselves justifiable in, and we beg leave to observe that any provision heretofore made for defraying the expences of services of a like nature with the claim now set up, was made with the greatest evidence of their being absolutely necessary, and such as were consistent with the true interest of this Colony.

JOHN HARVEY, Sp.

Sent by Mr Caswell and Mr Ormond.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House allowing Captain Collet the sum of three hundred and twenty two pounds, nine shillings and four pence proc. money, and for continuing the establishment of Fort Johnston until the end of the next Session of Assembly, concurred in by His Majesty's Honble Council with my assent thereto.

JO. MARTIN.

Newbern March 24th 1774.
-------------------- page 945 --------------------

Mr Speaker and Gentlemen of the House of Assembly,

In answer to your message of this day requesting my support of your applications to His Majesty intended to be made through the channel of the Lords Commissioners of Trade and Plantations on the points that have been so long impediments to the establishment of Courts of Justice in this Province, I am to assure you that I will upon being made acquainted with the nature and mode of your representations by your Committee, give them every support and aid in my power, corresponding with my warmest expressions of regard to the interest and happiness of this Colony that shall be consistent with my duty to my Royal Master.

JO. MARTIN.

Newbern March 24th 1774.

Resolved, that William Bentley of Dobbs County be allowed the sum of nineteen pounds proc. money, he having made it appear to the satisfaction of this House that he lost a sum equal to that in Neuse River which never can come into circulation, 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, and that the following Message be sent to the Council,

Gentlemen of His Majestys Honorable Council,

This House have resolved that William Bentley be allowed the sum of nineteen pounds proc. 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 thereto.

JOHN HARVEY, Speaker.

Sent by Mr McCulloh and Mr Hatch.

Mr Speaker with the House waited on His Excellency the Governor at the Palace and presented him with the following Bills, to wit,

1.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.

-------------------- page 946 --------------------

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 regulate and ascertain the Fees of the Clerks of the Inferior Courts in this Colony.

4.A Bill to oblige vessels having infectious distempers on Board to perform their Quarantine, and

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

To which said Bills his Excellency was pleased to give his assent, and then made a Speech to His Majesty's Honble Council and this House, which is as follows, to wit,

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 the 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 at 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 of County Courts whose limited Jurisdiction extends not to the relief of Creditors of highest dignity who may certainly be

-------------------- page 947 --------------------
considered in general most deserving of the public care; but are at least intitled 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 distress 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 inefficiency, 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 reëstablishing 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. My information from His Majesty's Superintendant of Indian Affairs relative to the designs of the neighbouring nations of savages that

-------------------- page 948 --------------------
I have communicated to you, leaves us at least in doubt concerning them; and urges the propriety of the interposition of this Government to prevent 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.

Mr Howe moved for leave to present a Bill to establish a Militia for the security and defence of this Province.

Ordered he have leave accordingly.

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

Sent by Mr McCulloh and Mr Hart.

Received from the Council the Resolve of this House for allowing William Bentley nineteen pounds. Endorsed, In the upper House, 24th March 1774. Concurred with.

JAS HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a Resolve of this House for allowing William Bentley the sum of nineteen pounds, concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.
-------------------- page 949 --------------------

Sent by Mr Campbell and Mr Kenan.

Received from the Council the Bill to establish a Militia for the security and defence of this Province. Endorsed, In the upper House 24th March 1774. Read the first time, amended and passed.

Ordered the Bill to establish a Militia for the security and defence of this Province be read the second time. Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Wm Person and Mr Brown.

Received from the Council the Bill to establish a Militia for the security and defence of this Province. Endorsed, In the upper House 24th March 1774. Read the second time, amended and passed.

Then the House adjourned till tomorrow morning 9 oClock.


Friday, 25th March, 1774.

The House met according to adjournment.

On motion ordered the Bill to establish a Militia for the security and defence of this Province, be read the third time. Read the same a third time, passed and ordered to be sent to the Council.

Sent by Mr Benbury and Mr B. Harvey.

On motion Resolved that the Honorable Samuel Cornell Esquire be allowed the sum of twenty-eight pounds ten shillings as a drawback for the 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; that the Treasurers or either of them pay him the same and be allowed in their accounts with the public, and that the following Message be sent to the Council,

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.

JOHN HARVEY, Sp.

Sent by Mr Edwards and Mr Tignal Jones.

-------------------- page 950 --------------------

Received from the Council the Bill to establish a Militia for the security and defence of this Province. Endorsed, In the upper House 25th March, 1774. Read the third time and passed. Ordered to be engrossed.

Received from the Council the Resolve of this House allowing the Honble Samuel Cornell Esquire the sum of twenty-eight pounds ten shillings. Endorsed, in the upper House 25th March, 1774. Concurred with.

JAS HASELL, P. C.

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

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

Sir,

We herewith send your Excellency a resolve of this House for allowing the Honble Samuel Cornell Esquire the sum of twenty eight pounds ten shillings. Concurred with by His Majesty's Honble Council, and request your Excellency's assent thereto.

JOHN HARVEY, Sp.

Sent by Mr Hatch and Mr Williamson.

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

Mr Speaker and Gentlemen of the House of Assembly,

I return herewith the Resolve of your House allowing the Honble Samuel Cornell Esquire the sum of twenty eight pounds ten shillings. Concurred in by His Majesty's Honble Council, with my assent thereto.

JO. MARTIN.

Mr Speaker with the House waited on His Excellency the Governor at the Palace and presented him with the “Bill to establish a militia for the security and defence of this Province” to which His Excellency was pleased to give his Assent,

And then Prorogued this Assembly to the twenty fifth day of May next.

-------------------- page 951 --------------------

Estimate of the allowances due and payable to the members of Assembly at New Bern, Clerks, Officers and others this present Assembly—2d March 1774.

£ s. d.
Mr John Harvey Sp
17
5
8
Mr John Ashe
12
14
8
Mr Samuel Johnston
16
10
8
Mr Thomas Oldham
16
10
8
Mr Thomas Jones
16
10
8
Mr Allen Jones
9
14
0
Mr William Cray
11
7
8
Mr John Spicer
6
10
2
Mr Joseph Hewes
11
13
2
Mr Alex Martin
14
17
10
Mr William Field
15
5
4
Mr William Hooper
12
14
8
Mr Cornelius Harnett
12
14
8
Mr William Thomson
10
18
0
Mr William Moore
15
19
0
Mr John Rowan
13
12
4
Mr Jonathan Hearring
17
12
4
Mr Edward Everign
17
12
4
Mr Robert Jordan
14
15
4
Mr Joseph Reding
14
15
4
Mr John Simpson
10
13
4
Mr Benjamin Harvey
17
5
8
Mr Edward Smithwich
11
17
4
Mr Michael Rogers
9
1
4
Mr Tignal Jones
11
13
10
Mr Richard Caswell
10
10
0
Mr Simon Bright
10
10
8
Mr Francis Nash
10
7
10
Mr Benjamin McCulloh
12
2
8
Mr John Alston
7
12
8
Mr Memucan Hunt
13
14
0
Mr Thomas Hart
14
10
4
Mr Rotheas Latham
8
2
4
Mr William Person
12
19
0
Mr Lemuel Hatch
9
7
6
Mr James Coor
9
15
0
-------------------- page 952 --------------------
Mr Frances Williamson
20
13
4
Mr Solomon Perkins
18
7
4
Mr Isaac Edwards
9
15
0
Mr John Johnston
14
9
2
Mr Robert Howe
13
12
4
Mr Thomas Benbury
18
2
8
Mr Andrew Knox
17
5
8
Mr Edward Salter
10
13
4
Mr James Picket
10
7
2
Mr Charles Robinson
11
17
2
Mr Seth Hovey
12
12
4
Mr Thomas Gray
7
18
10
Mr James Kenan
10
18
10
Mr Robert Lanier
14
16
6
Mr Needham Bryan
6
1
4
Mr Jeremiah Frazier
11
17
4
Mr Benja Spruil
8
2
4
Mr David Stanley
14
16
8
Mr William Haywood
12
1
0
Mr Elisha Battle
6
8
6
Mr Ferqd Campbell
12
10
2
Mr Thomas Stewart
8
17
4
Mr Ralph McNair
10
16
8
Mr Thomas Robeson
11
15
10
Mr Benjamin Ward
12
16
4
Mr Griffith Rutherford
14
15
2
Mr Matthew Lock
14
15
2
Mr Thomas Polk
15
12
10
Mr Roger Ormond
12
12
4
Mr Thomas Macknight
18
7
4
Mr Joseph Jones
19
9
10
Mr Thomas Person
13
14
0
Mr Richard Parker
12
16
4
Mr Charles McAnally
15
4
0
Mr Thomas Hunter
8
9
10
Mr Hugh Montgomery
10
12
8
Mr Solomon Shepard
10
18
0
Mr William Brown
12
12
4
James Green Clk
13
17
4
-------------------- page 953 --------------------
Benja Fordham
6
18
8
Francis Linaugh
6
18
8
Evan Swann
6
18
8
James Green, for three transcripts of the Journal
25
0
0
Ditto, for stationary
10
0
0
Ditto, for extra services
100
0
0
James Glasgow, assistant Clerk
50
0
0
Ditto for copying and engrossing Bills
53
0
0
Evan Swann, for firewood
5
0
0
Benja Fordham, M. B., for extra services
30
0
0
Francis Linaugh, D. K., for ditto
30
0
0
Evan Swann, D. K., for ditto
30
0
0
John Gray Blount, for copying and engrossing Bills
14
0
0
Rigdon Brice, for copying and engrossing
38
0
0
James Davis, for a Law book
2
3
0
Trustees, for the use of the school in New Bern
25
0
0
Chas Crouch of So Carolina for printing Resolves
3
10
0
Authur Benning for proc. money lost by fire
20
2
0
Report of the Committee on Claims, Vizt,
John Quine
4
0
0
Henry Young
9
9
0
John Rogers
7
0
0
Thos Sitgreaves
2
0
0
Jesse Benton
22
13
0
John Wilkins
3
17
4
Thomas McClean
14
9
7
Absalom Taylor
16
10
0
William Alexander
5
0
0
Jacob Ryley
80
0
0
Michael Rogers
40
5
4
Charles Robinson
2
0
0
John Rhymes
50
15
8
Honble S. Strudwick
333
8
7
Edward Hunter
6
0
0
Elisha Cain
5
1
4
Adley Osburn
4
10
0
James Biggleston
21
6
8
Thomas Sitgreaves
8
0
0
Adam Boyd
27
19
10
Alexander Harvey
10
0
0
Malcolm McNeal
71
13
8
Joseph McDonald
80
0
0
John Dabney
10
0
0
George Webb
6
7
0
Francis Lock
10
0
0
John Bates
1
16
0
James Kerr
54
17
8
Robert Orme
4
2
0
Jethro Sumner
9
16
4
William Branch
13
0
0
Henry Jarrell
5
0
0
Jno C. Bryan
29
16
0
Mial Scurlock
1
4
8
Roger Ormond, Ex'r of W. O
5
17
6
John Cook
21
13
6
James Glasgow
25
0
0