Documenting the American South Logo
Colonial and State Records of North Carolina
Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
September 25, 1755 - October 15, 1755
Volume 05, Pages 520-559

At a General Assembly begun and held at Newbern the Twelfth Day of December in the Twenty Eighth year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain, France and Ireland King &c. and in the year of our Lord one thousand seven hundred and fifty four and from thence continued by several Prorogations to the Twenty fifth Day of September in the Twenty ninth year of the Reign of our said Sovereign Lord the King and in the year of our Lord one thousand seven hundred and fifty five at Newbern being the second Session of the present Assembly.

-------------------- page 521 --------------------

Thursday September 25th 1755.
Members Present
Craven County
Mr. John Fonville
Currituck County
Mr. Francis Brown
Carteret County
Bladen County
Mr. Isaac Jones
Anson County
Mr. John Hamer
Beaufort County
Pasquotank County
Mr. John Brothers
Mr. Griffith Jones
Bertie County
Thomas Whitmill
Benjamin Wyms
Pequimins County
Mr. John Harvey Junr
Mr. Benjamin Harvey
Mr. William Wyatt
Hyde County.
Mr. Thomas Smith
Johnston County
Mr. Richard Caswell
Chowan County
Mr. Joseph Herron
Mr. Edward Vail
Mr. Dempsey Sumner
Orange County
Onslow County
Mr. Samuel Swann
Mr. John Starkey
Edenton
Mr. Thomas Barker
New Hanover County
Mr. George Moore
Mr. John Ashe
Tyrell County
Mr. William Mackay
Mr. James Conner
Mr. Francis Ward
Mr. Jacob Blunt
Mr. Samuel Spruell
Duplin County
Mr. Francis Brice
Mr. William Houston
Northampton County
Mr. Robert Jones
Mr. James Washington
Rowan County
Mr. James Carter
Mr. John Bravard
Edgcomb County
Mr. William Williams
Granville County
Mr. James Pain

Thursday September 25th 1755.

A Certificate of a return of a Writ for Electing a Member to serve in this present Assembly for the County of Hyde in the room of Mr. Samuel Sinclaire deceased was returned to the House by the Clerk of the Crown whereby it appears that Mr. Thomas Smith, was elected a Member for the said County to serve in this present Assembly in the room of the said Mr. Sinclaire deceased.

-------------------- page 522 --------------------

Mr. Herron and Mr. Ashe according to Order waited on his Excellency the Governor and acquainted him that the House have met according to his Prorogation who returned for Answer that his Excellency the Governor desired the immediate Attendance of the whole House in the Council Chamber.

Mr. Speaker with the whole House waited on his Excellency the Governor in the Council Chamber when his Excellency was pleased to make a Speech to the Council and this House.

The House returned and Mr. Speaker reported that the House had attended his Excellency the Governor in the Council Chamber and that he was pleased to make a speech to the Council and this House of which he had to prevent Mistakes obtained a copy which he delivered in at the Table where it was read by the Clerk and is as follows—

[For the speech of the Governor see Journal of Upper House.—Editor.]

Mr. Swann moved that a Committee be appointed to prepare an Address in answer to his Excellency the Governors Speech and Mr. Robert Jones, Mr. Thomas Barker, Mr. Samuel Swann, Mr. John Starkey, and Mr. John Harvey were appointed accordingly.

Mr. Samuel Swann acquainted this House that Mr. Solomon Rew late Member for the Town of Newbern is dead therefore moved that his Excellency be addressed to direct the Clerk of the Crown to Issue a Writt for Electing a Member for the said Town in the Room of the said Solomon Rew deceased.

Ordered that his Excellency be addressed accordingly.

Mr. Thomas Smith the Member returned for the County of Hyde in the room of Samuel Sinclaire deceased appeared took the Oaths appointed for his Qualification Subscribed the Test and took his Seat in the House accordingly.

The House adjourned till 3 o'clock afternoon.

P. M. The House met according to Adjournment.

The House adjourned till to-morrow morning 9 o'clock.


Friday September 26th 1755. The House met according to adjournment.

Mr. William Spier, Mr. William Kinchin, Mr. Robert Harris, Mr. Timothy Walton, Mr. Dempsey Sumner, Mr. Joseph Bryan and Mr. Thomas Relf appeared and took their seats in the House.

Mr. Francis Brice informed this House that there were several Indians in Town who wanted some subsistance from the publick; the House

-------------------- page 523 --------------------
taking the same into consideration, Ordered that they be supplied with necessary Provisions &c during their stay in Town and that Mr. Brice and Mr. Whitmill do supply them to the amount of Five pounds, and that the same be placed on the Estimate of the publick Claims.

On motion ordered that Mr. Heron, Mr. John Harvey, Mr. Samuel Swann, Mr. Benjamin Wynns and Mr. Dempsey Sumner be a Committee to examine state and settle the publick Accompts of this Province, and that Mr. Starkey, Mr. William Mackay, Mr. John Ashe, Mr. Francis Brown and Mr. Thomas Whitmill be a Committee to settle and allow the Publick Claims.

On motion Ordered that the following Persons be appointed a Committee of Propositions and Grievances, to wit, Mr. Starkey Mr. Heron, Mr. Bryan, Mr. Smith Mr. Caswell Mr. Spier, Mr. Brown, Mr. Griffith Jones, Mr. Benjamin Harvey, Mr. Ward and Mr. Whitmell, Mr. Washington, Mr. William Williams Mr. Harris, Mr. Brice, Mr. Ashe, Mr. Isaac Jones, Mr. Hamer, Mr. Carter and Mr. George Moor—And they are appointed accordingly.

The House adjourned 'till half an hour past 3 o'clock Afternoon.

P. M. The House met according to adjournment.

Mr. Vail presented a Certificate from the County Court of Beaufort therein recommending John Squires as a Person incapable of paying Publick Taxes and doing Publick Duties.

Ordered that he be exempt from doing publick Duties and paying publick Taxes for two years.

Mr. Harris presented a Certificate from the County Court of Granville therein recommending Griffin Humphries as a person incapable of doing Publick Services and paying Taxes.

Ordered that he be exempt accordingly.

The House adjourned till to-morrow morning 9 o'clock.


Saturday September 27th 1755. The House met according to adjournment.

Ordered that the following Message be sent to the Council (Vizt)

Gentlemen of his Majesty's Honble Council.

This House have appointed Mr. Heron Mr. John Harvey, Mr. Samuel Swann, Mr. Benjamin Wynns and Mr. Dempsey Sumner, a Committee of this House to examine state and settle the publick Accompts of this province and also Mr. Starkey, Mr. Mackey, Mr. Ashe, Mr. Brown and Mr. Withmell a Committee of this House to settle and allow Publick Claims, in conjunction with such members of your [House as your Honours] shall think fit to appoint.

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

Mr. Ashe moved that a Committee be appointed to prepare and bring in a Bill for regulating the Militia of this Province.

Ordered that Mr. Ashe Mr. Sumner Mr. Moore, Mr. Wynns, Mr. Whitmell, Mr. Vail, and Mr. Barker to prepare and bring in the same.

Mr. Heron moved for leave to bring in a Bill for regulating the payment on protested Bills of Exchange and promisory Notes and other purposes therein mentioned.

Ordered That he have leave and that he prepare and bring in the same.

Mr. Jones from the Committee appointed to prepare an Address to his Excellency the Governor's Speech reported that the Committee had prepared the same, which he read in his Place and afterwards delivered the same in at the Table where the same was read by the Clerk and is as follows—

To his Excellency Arthur Dobbs Esqr Captain General and Governor in Chief in and over his Majesty's Province of North Carolina.

The Humble Address of the House of Burgesses.

Sir,

We his Majestys most dutiful and loyal Subjects the Members of the Assembly of North Carolina now met in Assembly beg leave to return your Excellency our hearty Thanks for your Speech at the opening of this Session.

The unexpected Defeat of General Braddock at the Battle of Monongahela has given an unfortunate turn to Affairs in the Neighbouring Provinces and effectually put it in the power of the French and Indians in their Alliance to repeat their cruelties and Depredations on the Inhabitants and the Remembrance of their Barbarities in murdering and massacreeing the people of Virginia since that fatal Disaster raises so horrid an Idea of the bloody Designs of those treacherous people, that it were as impossible, while we retain a due sense of Gratitude for the invaluable Blessings we enjoy under the mild and beneficent Administration of the best of Kings not to be animated with a proper Resentment at their unparalelled Outrages, as inexcusable to omit granting such further Aid as the indigent Circumstances of our Constituents will admit in Defence of his Majestys incontestible property and to secure his Subjects from future Hostilities from those merciless Intruders. We shall therefore chearfully endeavour to enable your Excellency not only to protect our own Frontier but also to continue your Assistance to the other Governments against the common Enemy.

-------------------- page 525 --------------------

We are truly sensible of the great injury the publick has frequently sustained from a Defect in our Laws as well to compell those concerned in the collection of publick Taxes to a speedy payment as those intrusted with the laying out of the publick Monies regularly to apply and account for the same and shall do everything in our power to redress the Evil by passing such Bills as may for the future inforce the Observation of those important Duties.

We beg leave to return your Excellency our gratefull acknowledgement for the great care you have been pleased to take in viewing the sea coasts in order to discover the most proper places for erecting Batteries; and for the progress to the Westward which your Regard for our Safety induced you to make.

Give us leave Sir at the same time to assure you that your constant attention to every matter wherein his Majesty's Interest in the prosperity of this Province is concerned has been so remarkably conspicuous that you have our most ardent wishes for a long and happy administration in your Government.

The several matters which thrō Hurry and the Inclemency of the Season were left unfinished at the last Session we shall resume the Consideration of and pay a due regard to everything that you have been pleased to recommend to us. And in all proceedings act with Unanimity and Dispatch, and zealously pursue such measures as may indicate our Duty and Loyalty to his Majesty, and an unalterable purpose of securing to the Inhabitants of this Province their most valuable Religion Liberties and possessions.

Ordered that the same stand the address of this House.

Ordered that the said address be fairly transcribed and presented to his Excellency the Governor by the whole House.

The House adjourned till 3 o'clock afternoon.

P.M. The House met according to Adjournment.

Mr. Weeks and Mr. Cade appeared and took their seats in the House.

Ordered that Mr. Jones and Mr. Sumner wait on his Excellency the Governor to know when the House shall attend him with their address.

Mr. Jones and Mr. Sumner reported that according to Order they had waited on his Excellency the Governor to know when the House should attend him with their Address; and that he was pleased to appoint this Evening at five o'clock in the Council Chamber.

Mr. Speaker with the Members went to the Council Chamber and being returned, reported that he with the House had attended the Governor in the Council Chamber and presented the Address of this House to him, to which he was pleased to answer—

-------------------- page 526 --------------------

Gentlemen,

The Zeal you express to support his Majesty in his just Rights and possessions against a Merciless Enemy in the Defence of his American Colonies, I shall faithfully represent to his Majesty.

Your Approbation of the steps I have taken to secure and to endeavour to promote the Prosperity of this Province gives me the most sensible pleasure; and whatever Powers you intrust me with to assist in the common Cause of the Colonies I shall endeavour to exert to the utmost of my Capacity for his Majestys Service and Safety of this and our neighbouring Colonies.

The House adjourned till 9 o'clock Monday morning.


Monday, September 29th 1755. The House met according to Adjournment.

Mr. Cornelius Harnet, Mr. John Hardy and Mr. Stephen Williams appeared and took their Seats in the House.

Mr. John Woodhouse one of the Members for Currituck County appeared took the Oaths for his Qualification subscribed the Test and took his Seat in the House.

Mr. Starkey moved that the House would consider what further supply they will grant towards the Defence of the Frontier of this province and to assist the Neighbouring Colonies in the common Cause against the French and Indians in their Alliance.

After several Debates thereon the House resolved Una Voce to grant unto his Majesty the sum of Ten thousand pounds proclamation money as a further Supply towards the Defence of the Frontier of this Province and assisting the Neighbouring Colonies in the Common cause against the French and Indians in their Alliance.

Mr. Jones moved that the House resolve into a Committee of the whole House to consider of Ways and means for raising ten thousand pounds proclamation money for the purposes in the above resolve mentioned.

Resolved, That the House resolve into a Committee of the whole House to consider of Ways and Means for raising the said sum of ten thousand pounds for the Defence of the Frontier of this Province &c.

The House resolved into a Committee of the whole House to consider of Ways and Means &c and chose Mr. John Harvey Junior Chairman who was placed in the chair accordingly.

After some time spent therein Mr. Speaker resumed the Chair.

Mr. Chairman reported that the Committee had considered of Ways and Means to raise the said sum of ten thousand pounds &c and had come to the following Resolutions which he read in his Place and delivered

-------------------- page 527 --------------------
in at the Table where they were again read by the Clerk and are as follows Vizt

That immediately issuing seven thousand two hundred appropriated towards purchasing Glebes and the sum of Two thousand pounds towards erecting Publick Buildings by an Act intituled An Act for granting to his Majesty the sum of Forty thousand pounds in publick Bills of Credit at the rate of proclamation money to be applied towards defraying the Expence of raising and subsisting the Forces for his Majestys service in this Province to be sent to the assistance of his Majestys Colony of Virginia and for other Purposes therein mentioned; under certain Restrictions therein and to be replaced by a Poll Tax and to be made up the sum of Ten thousand pounds out of the Publick Treasury; will be the best Expedient for raising the said sum and least burthensome to the people of the Government.

Resolved the House agree to the foregoing Report.

Mr. Jones moved that a Committee be appointed to prepare a Bill for granting a further aid to his Majesty to repel the French and Indians in their Alliance from their Encroachments on his Majestys Territories in America.

And the following Persons accordingly appointed Viz: Mr. Jones, Mr. Sumner, Mr. Barker, Mr. Starkey and Mr. Harvey Junr

Resolved that Mr. Harnett be added to the Committee appointed to examine state and settle the publick Accompts of this Province.

Mr. Hardy produced a Certificate from the County Court of Beaufort therein recommending Nevil Trip to this House as an Object worthy to be exempt from paying Parish County and publick Taxes.

Ordered That he be exempt accordingly.

Mr. Hardy produced a Certificate from the County Court of Beaufort certifying that Robert Harfoot is a poor man and incapable of getting a Livelihood; and recommended him to this House to be exempt from paying publick Taxes.

Ordered that he be exempt accordingly.

The House adjourned till to-morrow morning 10 o'clock.


Tuesday September 30th 1755. The House met according to adjournment.

Mr. Thomas Lovick one of the Members for Carteret County appeared and took his seat in the House.

Mr. Thomas Lovick produced a Certificate from the County Court of Carteret certifying that Henry Smith of Carteret County is poor and aged and hath not wherewithal to support himself; and recommending him to be exempt from paying Taxes and doing Publick Duties.

-------------------- page 528 --------------------

Ordered That he be exempt accordingly.

Mr. Moore moved for leave to bring in a Bill to prevent the Exportation of Provisions and live stock from this Province to the French or any Neutral Port.

Ordered that he have leave and that Mr. Moore Mr. Harnett and Mr. Jones Junior do prepare the same.

Mr. Bell one of the Members for Carteret County appeared and took his seat in the House.

On motion ordered that the Indians now in Town be allowed Thirty Shillings proclamation money for necessary Provisions during their stay in Town and the same be placed on the Estimate of the publick Claims.

Mr. Hamer moved for leave to bring a Bill to prevent the Multiplicity of Law Suits in this Province.

Ordered that he have leave and that Mr. Hamer, Mr. Carter and Mr. Harnett do prepare and bring in the same.

Mr. Harvey moved for leave to bring in a Bill for the Restraint of Vagrants and for making Provision for the Poor.

Ordered that he have leave and that Mr. Harvey, Mr. Harnett and Mr. Weeks do prepare the same.

Mr. Carter moved for leave to bring in a Bill to appoint Vestry men and Church wardens in such Parishes that have not elected Vestry men and Church wardens therein pursuant to Law.

Ordered that he have leave and that Mr. Carter Mr. Barker Mr. Hamer, Mr. Caswell and Mr. Williams be appointed a Committee to prepare and bring in the same.

Mr. Williams presented to the House a petition from sundry Inhabitants of Edgcombe Parish Complaining of an illegal and undue Election of Vestrymen for the said parish praying Relief therein.

Resolved that the Committee appointed to prepare and bring in a Bill to appoint Vestry men and Church-wardens in such parishes that have not elected Vestrymen and Church wardens therein pursuant to Law do receive a Clause or Clauses to the said Bill for the Relief of the Parishioners of Edgcombe parish pursuant to the Prayer of the Petition for the said Parish.

The House adjourned till four o'clock afternoon.

P. M. The House met according to adjournment.

Mr. Speaker and Gentlemen of the Assembly,

This House taking into Consideration your Message of the 29th Instant relative to the appointment of the Committee of Publick Accompts and Claims have thought fit to appoint the following in conjunction with

-------------------- page 529 --------------------
those of yours Viz—The Honble James Hasell and Lewis De Rosset Esqrs on the Publick Accompts; and the Honble John Dawson and Henry McCulloch Esqrs on the Claims.

Mr. Harris moved for leave to bring in a Bill to regulate the Election of Burgesses and directing the method of taking the Poll at such Elections.

Ordered that he have leave and that Mr. Harris, Mr. Samuel Swann Mr. Jones Junr Mr. Starkey and Mr. Barker do prepare the same.

A Certificate from the Clerk of the Crown was delivered to this House for the Town of Newbern to sit and vote in this present Assembly in the Room of Mr. Solomon Rew deceased.

Mr. Hamer moved for leave to bring in a Bill for an Inspection of the several Commodities of this Province and to enable the Inhabitants to pay their Taxes in Inspected Commodities and for other purposes.

Ordered that he have leave and that Mr. Hamer, Mr. Barker, Mr. Jones Junr Mr. Starkey, Mr. Wynns, Mr. William Williams, Mr. Moore, Mr. Lovick, Mr. Harnett, Mr. Brown and Mr. Bell do prepare the same.

Mr. James Davis the Member Elected for Newbern to sit and vote in this present Assembly appeared took the Oaths by Law appointed for his Qualification subscribed the Test and took his seat in the House.

Mr. Carter moved for leave to bring in a Bill to restrain the keeping too great a Number of Horses and for amending the Breed.

Ordered that he have leave and that Mr. Carter, Mr. Cade and Mr. Brown do prepare the same.

Mr. Brown moved for leave to bring in a Bill to prevent excessive Gaming.

Ordered that he have leave and that he prepare and bring in the same.

The House adjourned till to-morrow morning Ten o'clock.


Wednesday October 1st 1755 The House met according to adjournment.

Mr. Samuel Swann Junr one of the Members for Pasquotank appeared and took his seat in the House.

Mr. Ashe produced a Certificate from the County Court of Craven therein recommending Dorothy Stringer a free Negroe Woman to this House as an Object proper to be exempted from paying Levies and Taxes.

Ordered that she be exempt accordingly.

Mr. Barker reported from the Committee appointed to prepare and bring in a Bill for granting a further Aid to His Majesty to repell the

-------------------- page 530 --------------------
French and Indians in their Alliance from their Encroachments on his Majestys Frontiers in America and other Purposes that the Committee had prepared the same which he read in his Place and delivered in at the Table where the same was again read by the Clerk and ordered to be sent to the Council.

Mr. Heron pursuant to Order brought in a Bill for the better payment of Bills of Exchange and promisory Notes of Hand which he read in his place and delivered in at the Table where it was again read by the Clerk and ordered to be sent to the Council.

Sent the said two Bills to the Council by Mr. Heron and Mr. Relf.

Mr. Ashe pursuant to Order brought in a Bill for the better regulating the Militia which he read in his place and delivered the same in at the Table where it was again read by the Clerk and ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Ashe and Mr. Harvey Junr.

Mr. Jones moved for leave to bring in a Bill for appointing Sheriffs and directing their Duty in Office; And for compelling Collectors of Publick Taxes and Persons intrusted with laying out publick Money to apply and accompt for the same. Ordered that he have leave and that he prepare and bring in the same.

Mr. Jones pursuant to Order brought in a Bill for appointing Sheriffs and directing their duty in Office and for compelling Collectors of Publick Taxes and persons intrusted with laying out publick money to apply and Accompt for the same which he read in his Place and afterwards delivered in at the Table where it was again read by the Clerk and ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Starkey and Mr. Barker.

The House adjourned till to-morrow morning 10 o'clock.


Thursday October 2nd 1755. The House met according to adjournment.

Mr. Harvey Junr pursuant to order brought in a Bill for the Restraint of Vagrants and for making Provisions for the Poor and other purposes which he read at his Place and afterwards delivered in at the Table where it was again read by the Clerk and ordered to be sent to the Council.

Sent the same to the Council by Mr. Harvey and Mr. Kinchin.

Received the following Bills from the Council (Vizt)

The Bill for granting a further Aid to his Majesty to repell the French and Indians in their Alliance from their Encroachments on his Majestys Frontiers in America.

The Bill for the better regulating the Militia

-------------------- page 531 --------------------

And the Bill for the better Payment of Bills of Exchange and promisory Notes of Hand.

Endorsed October 1st 1755 In the Upper House read the first time and passed.

The House adjourned till 3 o'clock Afternoon.

P. M. The House met according to adjournment.

On motion ordered That the Bill for granting a further Aid to his Majesty &c be read a second time read the said Bill a second time and amended the same and ordered to be sent to the Council with the said Amendments.

Sent the same to the Council by Mr. Relf and Mr. Spier.

Received from the Councill the following Bills.

The Bill for appointing Sheriffs and directing their Duty in Office and for compelling Collectors of Publick Taxes and Persons intrusted with laying out Publick Money to apply and account for the same.

And the Bill for the Restraint of Vagrants and for making Provision for the Poor and other purposes.

Endorsed October 2nd 1755 In the Upper House read the first time and passed.

The House adjourned till tomorrow morning Ten o'clock.


Friday October 3rd 1755. The House met according to Adjournment.

Mr. Starkey produced a Certificate from the Court of Beaufort County therein recommending David Turner to be exempt from doing publick Duties.

Ordered that he be exempt accordingly.

Mr. Starkey produced a Certificate from the County Court of Onslow therein recommending John Porkinpine to be exempt from paying Levies and Taxes.

Ordered he be exempt accordingly.

On motion ordered that the Bill for the better Payment of Bills of Exchange and promisory Notes of Hand be read the second time. Read the said Bill a second time and after several Debates thereon for and against the said Bill the Motion was made and the Question was put whether the said Bill pass; it was carried in the Negative.

Resolved that the said Bill do not pass.

On motion ordered. That the Bill for the better regulating the Militia of this province be read a second time.

The same was read accordingly and several Amendments made therein; and ordered to be sent to the Council.

-------------------- page 532 --------------------

Sent the same to the Council with the said Amendments by Mr. Harvey Junr and Mr. Vail.

On motion ordered That the Bill for appointing Sheriffs and directing their Duty in Office and for compelling Collectors of publick Taxes and persons intrusted with laying out publick Money to apply and Account for the same be read a second time.

The same was read accordingly and several Amendments made therein.

Ordered, That it be sent to the Council with the said Amendments.

Sent the same to the Council with the said Amendments by Mr. Williams and Mr. Kinchen.

Ordered, That the Bill for the Restraint of Vagrants and for making provision for the Poor and other purposes be read a second time.

The same was read accordingly and several Amendments made therein; and ordered it be sent to the Council with the said amendments.

Sent the same to the Council with the said Amendments by Mr. Williams and Mr. Kinchin.

The House adjourned till tomorrow morning ten o'clock.


Saturday October 4th 1755. The House mett according to adjournment.

Mr. Jones Junr moved for leave to bring in a Bill for regulating Orphans their Guardians and Estates.

Ordered that he have leave and that he prepare and bring in the same.

Mr. Jones Junr brought in the above said Bill which he read in his place and delivered the same in at the Table where it was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the same to the Council by Mr. Starkey and Mr. Bell.

Mr. Hamer according to Order brought in a Bill to prevent the Multiplicity of Law Suits in this province which he read in his Place and afterwards delivered the same in at the Table where it was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the same to the Council by Mr. Hamer and Mr. Brown.

Mr. Moore presented to the House a petition of several of the Inhabitants of Orange County setting forth the great Hardships they labour under for want of a convenient Road to some Place on Cape Fear River, Praying Relief &c.

Ordered that Mr. Moore do prepare and bring in a Bill pursuant to the prayer of the said petition.

Mr. Weeks presented to the House a Certificate from the County Court of Perquimans certifying that Thomas Bateman is very poor and aged and recommending him to the Assembly to be exempt from paying Taxes and doing publick Services.

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

Ordered that he be exempt accordingly.

The House adjourned till 3 o'Clock Afternoon.

P. M. The House met according to adjournment.

Mr. Washington moved for leave to absent himself from the Services of the House on Account of his Illness.

Ordered that he have leave to be absent accordingly.

Mr. Whitmill moved for leave to absent himself from the Service of the House on Account of his Illness.

Ordered that he have leave to be absent accordingly.

Mr. Jones Junr one of the Committee appointed to bring in a Bill for an Inspection of the several Commodities of this Province and to enable the Inhabitants to pay their Taxes in inspecting Commodities and for other Purposes moved the House that the said Committee may be discharged from bringing in the said Bill.

Resolved that the said Committee be discharged accordingly.

Mr. Barker moved for leave to bring in a Bill to direct the Method of choosing Vestries in several Parishes which have not at present any Legal Vestries to transact the Business of the said parish and for other purposes.

Ordered that he have leave and that he prepare and bring in the same.

Mr. Barker brought in the above said Bill which he read in his Place and delivered in at the Table; where it was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Carter and Mr. Hamer.

Received from the Council the Bill for granting a further Aid to his Majesty. Endorsed October 4th 1755 In the Upper House read the second time and passed with amendments.

And the Bill for the better Regulation of the Militia &c. Endorsed October 4th 1755. In the Upper House read the second time and passed with amendments.

And the Bill for regulating Orphans their Guardians and Estates. Endorsed October 4th 1755 In the Upper House read the first time and passed with Amendments.

And the Bill to prevent the Multiplicity of Law Suits. Endorsed October 4th 1755 In the Upper House read the first time and passed.

On motion ordered that the Bill for granting a further Aid to his Majesty &c be read a third time.

Read the said Bill a third time and amended the same which was agreed to by the House and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Ashe and Mr. Vail.

Then the House adjourned till to-morrow morning 10 o'clock.

-------------------- page 534 --------------------


Monday October 6th 1755. The House met according to adjournment.

Mr. Moore according to Order brought in a Bill for laying out a Road from Orange County Court House to a Landing on the North West of Cape Fear River which he read in his Place delivered it in at the Table; where it was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Moore and Mr. Ashe.

Mr. Starkey presented the petition of several of the Inhabitants of Onslow County setting forth that the County Court House formerly built in and for Onslow County about three years since was blown down and destroyed and the place where the same stood is very inconvenient to build a Court House. Praying that a Court House may be built about ten miles higher up the River at or near Watlands Ferry on the East side of the North West River &c.

The House taking the same into consideration Ordered That Mr. Starkey do prepare and bring in a Bill pursuant to the prayer of the said petition.

Mr. Starkey brought in a Bill to appoint a place for erecting a Court House and prison in the County of Onslow and other purposes therein mentioned which he read in his Place and delivered in at the Table where the same was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Starkey and Mr. Brice.

Mr. Jones Junr presented the petition of several of the Inhabitants of Beaufort County setting forth that the place where the Court of the said County is held is very inconvenient to the Inhabitants of the said County and that the Court House of the said County is become very ruinous. Praying a Bill may be brought in for appointing a convenient Place for building a Court House prison and Stocks for the said County.

Ordered that Mr. Jones Junr do prepare and bring in the same.

On motion ordered that the Bill for the better regulating of the Militia &c be read a third time. Read the said Bill a third time and amended the same; which were agreed to and ordered to be sent to the Council with the said amendments.

Sent the said Bill with the amendments to the Council by Mr. Vaile and Mr. Ashe.

Received from the Council the Bill for granting a further Aid to his Majesty &c. Endorsed October 6th 1755 In the Upper House read the third time and passed.

Ordered to be Engrossed.

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

And the Bill for the Restraint of Vagrants and for making Provisions for the Poor and other Purposes. Endorsed October 6th 1755 In the Upper House read the second time and passed with Amendments.

And the Bill to direct the Method of choosing Vestries in several Parishes which have not at present any legal Vestries to transact the Business of the said Parish and for other Purposes. Endorsed October 4th 1755 In the Upper House read the first time and passed.

And the Bill for laying out a road from Orange Court House to a Landing on the North West of Cape Fear River. Endorsed October 6th 1755 In the Upper House read the first time and passed.

And a Bill to appoint a place for erecting a Court House Prison and Stocks in the County of Onslow and other purposes therein mentioned. Endorsed October 6th 1755 In the Upper House read the first time and passed.

Mr. Jones Junr moved for leave to bring in a Bill for inspecting Pork Beef and Indigo Tar, Pitch, Turpentine Staves Heading Shingles and Lumber.

Ordered that he have leave and that he prepare and bring in the same.

Mr. Jones Junr according to Order brought in a Bill for inspecting Pork Beef and Indigo Tar Pitch Turpentine Staves Heading Shingles and Lumber which he read in his Place and was agreed to by the House and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Hamer and Mr. Brown.

Mr. Barker moved for leave to bring in a Bill for quieting the Freeholders in the possession of their Lands and for other purposes.

Ordered that he have leave and that he prepare and bring in the same.

Mr. Harris one of the Committee appointed to bring in a Bill to regulate the Election of Burgesses and directing the Method of taking the pole at such Elections moved that the Committee be discharged from bringing in the said Bill.

Ordered that they be discharged from the same accordingly.

On motion ordered that the Bill to prevent the Multiplicity of Law Suits in this Province be read a second time.

The same was read a second time and on motion that the said Bill pass the Question was put and carried in the Negative.

On motion ordered that the Bill regulating Orphans their Guardians and Estates be read the second time.

The same was read a second time and amended agreed to and ordered to be sent to the Council with the said Amendments.

Sent the said Bill to the Council by Mr. Brice and Mr. Fonveale.

The House adjourned till 4 o'clock Afternoon.

-------------------- page 536 --------------------

P. M. The House met according to adjournment.

On motion ordered that the Bill to direct the Method of choosing Vestries in several parishes which have not at present any Legal Vestries to transact the Business of the said Parish and for other purposes be read a second time which was read accordingly. And on motion ordered that the said Bill be committed to the Members of Edgcomb, Anson, Rowan, Pasquotank, Johnston, Granville and Beaufort Counties; and that the said Committee have Power to call for and examine persons papers and Records touching the Allegations in the said Bill; and that they make Report thereof to the House.

On motion ordered That the Bill to appoint a place for erecting a Court House &c in Onslow County &c be read a second time.

The same was read accordingly agreed to and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Davis and Mr. Bell.

On motion Ordered That the Bill for laying out a Road from Orange County Court House to a Landing on the North West of Cape Fear be read a second time.

Read the said Bill a second time agreed to and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Kinchen and Mr. Cade.

Then the House adjourned till to-morrow morning Ten o'clock.


Tuesday October 7th 1755. The House met according to adjournment.

Mr. Conner presented to the House the petition of Henry McCulloch Secretary and Clerk of the Crown of the said province setting forth that by an Act of Assembly passed last Session of Assembly intituled An Act for Establishing the Supreme Courts of Justice, Oyer and Terminer and General Goal Delivery of North Carolina; it was amongst other things Enacted That the Chief Justice for the time being shall nominate and appoint a skillfull and knowing Clerk to each of the said Supreme Courts &c. And further setting forth that the Clerkships of the General and County Courts of the said province were always held and esteemed to be vested in and belonging unto the Office of Secretary who heretofore named and appointed the several Clerks thereof as by a Copy of a Record of the General Court held at Little River in July 1711 more plainly appears praying that the Clause in the above recited Act may be repealed and made void to all intent and purposes as if the same had never been made.

Ordered that the said Petition lie for Consideration.

-------------------- page 537 --------------------

Mr. Jones according to Order brought in a Bill for ascertaining a proper place for building thereat a Court House prison Pillory and Stocks for the County of Beaufort; which he read in his place and then delivered it in at the Table where it was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Hardy and Mr. Spier.

The House adjourned till three o'clock afternoon.

P. M. The House met according to adjournment.

Received from the Council the Bill for laying out a Road from Orange County Court House to a Landing on the North West of Cape Fear. Endorsed October 7th 1755 In the Upper House read the second time and passed with Amendments.

And the Bill to appoint a place for erecting a Court House and prison in the County of Onslow and other purposes therein mentioned. Endorsed October 6th 1755 In the Upper House read the second time and passed.

And the Bill for Inspection of Pork, Beef, Rice, Indigo, &c. Endorsed October 6th 1755 In the Upper House read the first time and passed.

Mr. Fonville presented a Certificate from the County Court of Craven therein recommending Absolom Taylor to this House as an object to be exempt from paying Levies and working on the Roads &c which was read

And Ordered that the said Absolom Taylor be exempt accordingly.

Mr. Swann Junr one of the Committee to whom the Bill to direct the Method of choosing Vestries in several Parishes which have not at present any Legal Vestries to transact the Business of the said parishes and for other purposes reported that the Committee had had under their Consideration the said Bill and agreed to several Amendments; which he read in his place and then delivered them in at the Table where the same were read to which the House agreed and ordered to be sent to the Council with the said Amendments.

Sent said Bill to the Council by Mr. Swann and Mr. Relf.

Mr. Barker according to Order brought in a Bill to quiet the Freeholders in the possession of their Lands and other purposes which he read in his place and delivered in at the Table where it was again read by the Clerk agreed to and Ordered to be sent to the Council.

Sent the same to the Council by Mr. Swann Junr and Mr. Relf.

Received a written message from the Council as follows.

>Mr. Speaker and Gentlemen of the Assembly

On reading the Bill for the better Regulation of the Militia and reducing them under proper Discipline in our House the third time we find

-------------------- page 538 --------------------
you have Exempted the Quakers from inlisting or mustering as Militia and as we think such Exemption must be attended with bad Consequences we cannot pass the Bill therewith Wherefore if you choose to have the Bill passed please to send two of the Members of your House to see the Clause relating thereto struck out of the Bill.

Resolved that the House will take the said Message under Consideration.

Received from the Council the Bill for appointing Sheriffs and directing their Duty in Office and for Compelling Collectors of Publick Taxes and persons intrusted with laying out publick Money to apply and account for the same. Endorsed October 7th 1755 In the Upper House read the second time and passed with Amendments.

And the Bill for ascertaining a proper place for building thereat a Court House prison and Stocks for the County of Beaufort. Endorsed October 7th 1755 In the Upper House read the first time and passed.

The House having taken into Consideration the Message from the Council relating to the Striking out the Clause in the Militia Bill regarding the Exemption of the Quakers from inlisting or mustering as Militia have

Resolved that the following message be sent to the Council Viz:

Gentlemen of His Majestys Honble Council,

As the people called Quakers refuse to appear with Arms and Accoutrements at Muster and perform Military Duty from a conscientious Principle and by the said Amendment they are made serviceable to the publick in another manner and liable to be fined and not exempted from appearing in Defence of their Country on an Invasion or Insurrection this House cannot recede from their Amendment; therefore desire your Honours will be pleased to pass the said Bill with the said Amendments.

Sent the above message to the Council by Mr. Harvey and Mr. Mackey.

On motion ordered That the Bill for the Restraint of Vagrants and for making provision for the poor and other Purposes be read a third time.

The same was read accordingly and amended and Ordered to be sent to the Council with the said Amendments.

Sent the said Bill to the Council by Mr. Brice and Mr. Fonville.

On motion ordered That the Bill to appoint a place for erecting a Court House and prison in the County of Onslow &c be read the third time. Read the said Bill a third time, and

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

Resolved that Mr. Swann Junr and Mr. Starkey wait on the Governor and let him know that this House having under consideration the Bill to appoint a place for erecting a Court House and prison in Onslow County &c desire his Excellency to appoint and ascertain a proper place for erecting the said Court House and prison.

Then the House adjourned till Ten o'clock to-morrow morning.

Wednesday October 8th 1755. The House met according to adjournment, and Ordered to go to Church.

The House adjourned till to-morrow morning Ten o'clock.

Thursday October 9th 1755. The House met according to adjournment.

Mr. Jones Junr according to Order brought in a Bill to prevent the Exportation of provisions and live stock to the French or neutral Ports which he read in his Place and then delivered in at the Table where it was again read by the Clerk agreed to by the House and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Wyat and Mr. Wynns.

Mr. Ashe moved for leave to bring in a Bill to prevent the depreciating of the currency.

Ordered that he have leave and that he prepare and bring in the same.

Mr. Ashe according to Order brought in the above said Bill which he read in his Place and delivered in at the Table where the same was again read by the Clerk.

On motion ordered that the said Bill be rejected.

Mr. Lovick moved for leave to bring in a Bill to direct the method of appraising Lands whereon Forts or Batteries are to be erected on the Sea Coast.

Ordered that he have leave and that he prepare and bring in the same.

Mr. Lovick according to Order brought in the above said Bill which he read in his Place and delivered in at the Table where the same was again read by the Clerk agreed to by the House and ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Bell and Mr. Walton.

Mr. Jones moved for leave to bring in a Bill for erecting that part of the County of Rowan called Wachovia into a distinct Parish.

Ordered that he have leave and that he prepare and bring in the same.

The petition of Robert Palmer was presented to this House and read.

Ordered That the same lie on the Table for Consideration.

On motion ordered That Mr. Relf be added to the Committee of Claims in the room of Thomas Whitmell who hath obtained leave to absent from the Service of the House.

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

Mr. Barker moved for leave to bring in a Bill to amend an Act entituled an Act for facilitating the Navigation of Port Bath Port Roanoke and Port Beaufort.

Ordered that he have leave and that he prepare and bring in the same.

The petition of James Davis Printer was presented to the House and read.

Ordered That the same lye for Consideration.

On Motion ordered that the Bill for appointing Sheriffs and directing their Duty in Office and for compelling Collectors of Publick Taxes and Persons intrusted with laying out Publick Money to apply and account for the same be read a third time.

The same was read a third time accordingly and amended and ordered to be sent to the Council.

Sent the said Bill to the Council by Mr. Benjamin Harvey and Mr. Heron.

Received from the Council the following Bills.

The Bill to prevent the Exportation of provisions and live Stock from this Province &c.

The Bill to direct the Method of appraising Lands whereon Forts or Batteries now are or hereafter shall be erected on the Sea Coast.

Endorsed October 9th 1755 In the Upper House read the first time and passed.

And the Bill to quiet the Freeholders in the possession of their Lands and for other Purposes. Endorsed October 9th 1755 In the Upper House read the first time and passed.

And the Bill for regulating Orphans their Guardians and Estates Endorsed October 9th 1755 In the Upper House read the second time and passed with amendments

Received from the Council a written Message (Vizt)

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Bill for the Restraint of Vagrants we think it necesary to expunge the whole Clause, which lays a Penalty on Masters of Vessells bringing into this Province Persons who have not wherewithal to support themselves; and likewise to re-insert the Clause which continues the Act for five years only To these Amendments we desire your Concurrence and that you'll be pleased to send two of your Members to see the same made in order that we may pass the Bill.

On reading of which Message this House

Resolved That the following Message be sent to the Council, Vizt

-------------------- page 541 --------------------

Gentlemen of his Majestys Honble Council,

We perceive by your Message of this Day that on your Reading a third time the Bill for the Restraint of Vagrants you think it necessary to expunge the Clause which obliges Masters of Vessells to indemnify the Parishes from the Expences which may be occasioned to them by such Masters of Vessells bringing into this Province persons who have not wherewithal to maintain themselves and are incapable of getting a Livelihood and that you propose to re-insert the Clause which continues the Act for five years only. To the last Amendment you propose we concur but as we have known several Parishes put to great Expence in supporting poor and helpless people brought into this Colony from other Places we apprehend the Clause you object to well calculated to redress the Inconvenience wherefore we cannot agree to expunge it and desire you will please to pass the Bill with that Clause.

Sent the above Message to the Council by Colonel Harvey and Mr. Relfe.

On motion ordered that the Bill for the Inspection of Pork Beef, Rice Indigo Tar Pitch &c, be read a second time.

The same was read a second time accordingly and amended and ordered to be sent to the Council.

Sent the same to the Council by [Mr.] Hardy and Mr. Spier.

Received from the Council the Bill for appointing Sheriffs and directing their Duty in Office and for compelling Collectors of Publick Taxes and persons intrusted with laying Publick Money to apply and account for the same. Endorsed October 9th 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

On motion ordered that the Bill for ascertaining a proper place for building thereat a Court House Prison Pillory and Stocks for the County of Beaufort be read a second time.

Read the said Bill a second time agreed to by the House and ordered to be sent to the Council.

Sent the above Bill to the Council by Mr. Hardy and Mr. Spier.

On motion ordered that the Bill for laying out a road from Orange County Court House to a Landing on the North West of Cape Fear River be read the third time.

Read the said Bill a third time agreed to by the House and ordered to be sent to the Council.

Sent the same to the Council by Colonel Harvey and Mr. Relf.

Then the House adjourned till 3 o'clock afternoon.

-------------------- page 542 --------------------

P. M. The House met according to adjournment.

Mr. Carter one of the Committee appointed to prepare and bring in a Bill to restrain the keeping too great a Number of Horses and Mares and for amending the Breed, moved that the said Committee be discharged from bringing in the said Bill.

Resolved that the said Committee be discharged pursuant to the said Motion.

Mr. Brown one of the Committee appointed to prepare and bring in a Bill to prevent excessive and deceitful Gaming brought in the said Bill which he read in his place and delivered in at the Table where the same was again read by the Clerk, and

On motion Resolved that the same be rejected.

And the same is rejected accordingly.

Mr. Starkey and Mr. Swann Junr acquainted this House that they had according to the Resolve of Tuesday last waited on his Excellency the Governor and let him know that this House had under Consideration the Bill to appoint a Place for erecting a Court House and prison in the County of Onslow and other purposes and desired he would appoint a Place for erecting the said Court House and prison in the said County who acquainted them that he thought proper to appoint the said Court House to be built at Watlands Ferry.

Then Mr. Starkey moved that the Place his Excellency had appointed might be inserted in the said Bill.

The same was accordingly inserted and ordered to pass and be sent to the Council.

Sent the same to the Council by Mr. Griffith Jones and Mr. Bravard.

Mr. Spaight brought a Message from his Excellency the Governor requesting that this House would be pleased to permit Mr. Robert Harris one of the Members thereof to attend him in the Council Chamber

Resolved that the said Mr. Harris have leave to attend his Excellency accordingly.

On motion Ordered That the Bill to direct the Method of Appraising Lands whereon Forts or Batteries now are or hereafter shall be erected on the Sea Coast be read a second time.

The same was accordingly read a second time and amended and

Ordered that the same be sent to the Council

Sent the same to the Council by Mr. Bell and Mr. Harvey Junr

Mr. Jones Junr according to Order brought in a Bill for erecting that part of Rowan County called Wachovia into a Distinct parish which he read in his place and delivered in at the Table where it was again read by the Clerk and ordered to be sent to the Council.

-------------------- page 543 --------------------

Sent the same to the Council by Mr. Bell and Mr. Harvey Junr

Mr. Harnett moved for leave to bring in a Bill to prevent malignant and infectious Distempers being spread by Shipping importing Distempered persons into this province; and other purposes.

Ordered That he have leave and that he prepare and bring in the same.

Mr. Harnett brought in the said Bill which he read in his place and delivered in at the Table where it was again read by the Clerk agreed to and ordered to be sent to the Council

Sent the same to the Council by Mr. Harnett and Mr. Brown.

Received from the Council the Bill for ascertaining a proper Place for building thereat a Court House prison pillory and Stocks for the County of Beaufort Endorsed October 9th 1755 In the Upper House read the second time & passed

Mr. Barker according to order brought in a Bill to amend an Act Intituled an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort which he read in his place and delivered in at the Table; where it was again read by the Clerk agreed to and ordered to be sent to the Council.

Sent the same to the Council by Mr. Vail and Mr. Mackey.

Mr. Jones Junr moved that the Bill for ascertaining a proper Place for building thereat a Court House Prison &c for the County of Beaufort be read a third time.

Resolved That the said Bill be read a third time to-morrow and that Mr. Jones and Mr. Hardy do wait on his Excellency the Governor to desire him to appoint a place for building the said Court House prison &c at and in the said County.

The House adjourned till to-morrow morning 10 o'clock.

Friday October 10th 1755. The House met according to adjournment.

The House according to the Order of Yesterday took under consideration the Petition of Henry McCulloch Esqr Secretary of this Province &c and after several Arguments pro et con on the Petition

Resolved That the same lie for Consideration until the next Session of Assembly.

On motion ordered the Bill to quiet the Freeholders in the Possession of their Lands be read a second time.

The same was read a second time accordingly agreed to and Ordered to be sent to the Council.

Sent the same to the Councill by Mr. Fonville and Mr. Hamer.

Mr. Jones Junr and Mr. Hardy acquainted the House that they had according to the order of Yesterday waited on his Excellency the Governor

-------------------- page 544 --------------------
and let him know that this House had under Consideration the Bill for ascertaining a proper Place for building thereat a Court House prison pillory and Stocks for the County of Beaufort and desired he would appoint a proper Place for erecting thereat a Court House prison pillory and Stocks for the said County who acquainted them that he thought proper to appoint the said Court House prison pillory and stocks to be built on the Land of Thomas Bonner on the North side of Pamplico River.

Then Mr. Jones moved the place his Excellency hath appointed for building thereat the said Court House Prison &c be inserted in the said Bill. The same is accordingly inserted.

The Order of the Day being read; Read the Bill for ascertaining a proper place for Building thereat a Court House prison pillory and stocks for the County of Beaufort a third time amended and ordered to be sent to the Council so amended.

Sent the same to the Council by Mr. Spier and Mr. Hardy.

Received from the Council the Bill for laying out a Road for Orange County Court House to a Landing on the North West of Cape Fear River. And the Bill to appoint a Place for Erecting a Court House and Prison in the County of Onslow &c. Endorsed October 10th 1755 In the Upper House read the third time and passed. Ordered to be engrossed.

And also the Bill for the Restraint of Vagrants &c. Endorsed October 10th 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

And the Bill for Inspecting of Pork, Beef, Rice, Indigo &c.

And the Bill to prevent the Exportation of Provisions and live Stock &c. Endorsed October 10th 1755 In the Upper House read the second time and amended.

And the Bill for erecting that part of Rowan County called Wachovia into a Distinct Parish.

And the Bill to prevent Malignant and infectious Distempers being spread by Shipping. Endorsed October 10th 1755 In the Upper House read the first time and passed.

And the Bill to direct the Method of appraising Lands wheron Forts or Batteries now are or hereafter shall be erected on the Sea Coast. Endorsed October 10th 1755 In the Upper House read the second time and passed.

On motion ordered, That it be an Instruction to the Committee of Claims that they do not allow any Sheriff his Claim of Eight pounds per annum for Publick Services until such Sheriff shall have fully accounted

-------------------- page 545 --------------------
and paid all Sums due to the publick which he hath received or ought to receive in Virtue of his said Office.

Received from the Council the Bill for ascertaining a proper place for building thereat a Court House prison, pillory and Stocks for the County of Beaufort. Endorsed in the Upper House read the third time and passed.

Ordered to be engrossed.

On motion ordered that the Bill for regulating Orphans their Guardians and Estates be read a third time.

The same was read a third time accordingly amended and ordered to be sent to the Council.

Sent the said Bill so amended to the Council by Mr. Mackey and Mr. Wynns.

A Message from His Excellency the Governor by Mr. Herron acquainting the House that His Excellency had received a Letter from the Attorney General which he presented to the House.

Ordered that the same be read.

Read the same, and

Resolved that the Consideration thereof be referred until next Session of Assembly.

On motion ordered that the Bill to prevent malignant and infectious Distempers &c be read a second time.

Read the said Bill a second time amended and ordered to be sent to the Council.

Sent the same so amended to the Council by Mr. Swann Junior and Mr. Smith.

Then the House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

On Motion Ordered that Mr. Swann Junr Mr. Barker and Mr. Davis do compare the Bills already Engrossed with those which have passed both Houses this Session in Conjunction with such Members of his Majestys Honble Council as shall be appointed for that purpose and that the following Message be sent to the Council to acquaint them therewith.

Gentlemen of His Majestys Honble Council,

This House have appointed Mr. Swann Junr, Mr. Barker and Mr. Davis to compare the Bills already Engrossed with those which have passed both Houses this Session in Conjunction with such Gentlemen of the Council as you shall think fit to appoint for that purpose.

Sent the above Message to the Council by Mr. Conner and Mr. Bravard.

-------------------- page 546 --------------------

Mr. Lovick presented the petition of Daniel Dupee setting forth that he hath been at great Expence and Fatigue in watching and looking after the Arms &c belonging to this Province; praying an allowance for the same.

Resolved That the said Petition be referred to the Committee of Claims.

On Motion ordered that a Message be sent to his Excellency the Governor that he would be pleased to Order that the Arms sent by his Majesty for the use of this Province be distributed in such Proportions and in such manner in the several Counties as he shall think proper for the Defence of the said Counties respectively.

On motion ordered That the Bill to erect that part of Rowan County called Wachovia into a Distinct Parish be read a second time. The same was read a second time accordingly amended and ordered to be sent to the Council with the said Amendments.

Sent the same to the Council so amended by Mr. Smith and Mr. Woodhouse.

On motion ordered That the Bill for the Inspection of pork Beef Rice Indigo &c. be read a third time. Read the said Bill a third time and amended the same. Ordered That the said Bill be sent to the Council.

Sent the said Bill so amended to the Council by Mr. Benjamin Harvey and Mr. Relfe.

Received from the Council the Bill for regulating Orphans their Guardians and Estates. Endorsed October 11th 1755 In the Upper House read the third time and passed

Ordered to be engrossed.

And a Bill to amend an Act Intituled an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort. Endorsed October 10th 1755 In the Upper House read the third time and passed

And also the following Message in Writing (Vizt)

Mr. Speaker and Gentlemen of the Assembly,

This House taking into Consideration your Message relative to the appointing a Committee to compare the Bills already Engrossed with those which have passed both Houses this Session hath appointed the Honble John Dawson and Francis Corbin Esqrs to join the Gentlemen appointed by your House for that purpose.

Then the House adjourned till tomorrow Morning Ten o'Clock.


Saturday October 11th 1755. The House met according to adjournment

-------------------- page 547 --------------------

On Motion ordered That the Bill to prevent the Exportation of Provisions and live Stock &c be read a third time.

Read the said Bill a third time agreed to and ordered to be sent to the Council

Sent the same to the Council by Mr. Brown and Mr. Payne.

On motion ordered that the Bill to direct the Method of appraising Lands whereon Forts or Batteries now are or hereafter shall be Erected on the Sea Coast be read a third time. Read the said Bill a third time amended and ordered to be sent to the Council.

Sent the same so amended to the Council by Mr. Brown and Mr. Payne

Received from the Council the following Bills Vizt

The Bill for Erecting that part of Rowan County called Wachovia into a Distinct Parish

And the Bill to prevent malignant and infectious Distempers being spread by shipping &c. Endorsed, October 11th 1755 In the Upper House read the second time and passed

On motion ordered that the Bill to amend an Act Intituled an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort be read a second time.

Read the said Bill a second time agreed to and Ordered to be sent to the Council

Sent the said Bill to the Council by Mr. Fonville and Mr. Mackey.

On motion Ordered That the Bill to prevent malignant and infectious Distempers being spread by Shipping &c. be read a third time. Read the said Bill a third time

Ordered That the same be sent to the Council

Sent the said Bill to the Council by Mr. Fonville and Mr. Mackey.

Mr. Starkey from the Committee of Propositions and Grievances

Reported that the Committee had received several propositions and Grievances which he reported to this House.

Ordered that the same be read. Read the same And Ordered to be entered on the Journals of the House as follows Vizt

The Committee taking into Consideration the several Propositions and Grievances reported last Sessions and what yet remain unremedied are come to the following Resolutions thereon,

What was then proposed relating to the Care of Orphans and their Estates should be provided

That the advantages arising from proper Education of Youth as by that Committee was proposed should be attended to.

-------------------- page 548 --------------------

The Propositions relating to Vagrants and Patrolling for Negroes and prolonging the time of proving Book Debts are Things worthy of Consideration.

What was then proposed, a General Inspection of our Exports being greatly for the Benefit of Trade and the Credit of the province may be established.

That the propositions relating to Wills being recorded in the County Courts and the Originals be returned to the Executors may be procured.

That what was then Reported as a Grievance relating to the paymaster deducting Two and a half [per cent] from the pay of the Forces sent to Ohio still subsists and should be removed.

That what was then reported relating to the several Clerks of the Courts taking illegal Fees is still complained of and should be prevented.

That what relates to Lord Granville's Agent as then reported is said still to subsist and is a very great Grievance.

That the former Complaint relating to Attornies still continues and needs reformation.

As to the above we refer to a more particular Inquiry of them to the Report of last Session

Further it is resolved by your Committee as followeth. That holding Courts longer than Five Days at one time as is practised by the Justices in some of the Counties whereby persons who are obliged to attend such are put to needless Expence as well as loss of time is a great Grievance.

That the overgrowing number of Justices commissioned in some of the Counties as they are Exempt by Law from many Duties and Services leaves the Burthen the heavier upon their neighbours and thereby becomes a Grievances.

That we are of Opinion Twelve Justices is enough for any County.

That the Inhabitants of one and the same District to sue each other in any other Supreme Court than that in their own District where perhaps neither the Cause nor the Witness is scarce known tends very much to the oppression of the Subject and to deprive him of his Birth Right of having his Cause tried by a Jury of his Neighbours and is a very great Grievance.

That the selling of Orphans Estates at publick Vendue may be only done by the Sheriffs of the Counties and they keep a regular Account in a Book for that purpose and return to the Court a true Copy of such Sale on Oath and that the premium for such Service be limited never to exceed two and a half per Cent.

-------------------- page 549 --------------------

That some method be fallen upon to Support the Credit of our Currency and to prevent Exchanging it for Gold and Silver so much above the Legal Parr.

That the Sense of the Legislature may be obtained whether Vessells but part owned in the Country should for Entering and Clearing be liable to pay the same Fees as Foreign Vessells or whether the Fees should not be reduced in Proportion to such part as is owned in the Country.

That the holding of large Tracts of Land by particular [persons] and they retailing it out at high prizes discourages new comers and very much retards the settling of the back Counties.

Agreed to by the Committee and ordered to be Reported to the House.

Received from from the Council the Bill to direct the Method of appraising Lands whereon Forts or Batteries now are or hereafter shall be Erected for the Defence of this Province.

And the Bill to prevent the Exportation of provisions and live stock from this Province. Endorsed October 11th 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

And the Bill to quiet the Freeholders in the Possession of their Lands. Endorsed October 11th 1755 In the Upper House read the second time and passed with amendments.

Received from the Council a Written Message as follows Viz:

Mr. Speaker and Gentlemen of the Assembly,

On reading a third time the Inspection Bill this House finds the following Amendments requisite and desires that you will be pleased to send two of your Members to see the same made.

That Staves Heading and Shingles be subject to Inspection only in cases where any Dispute shall arise between the Buyer and seller concerning the Quantity and Quality of the same.

On motion ordered that part of Rowan County called Wachovia into a Distinct parish be read a third time.

Read the said Bill a third time and amended the same and ordered the same to be sent to the Council.

Sent the said Bill so amended to the Council by Mr. Barker and Mr. Jones.

Sent the following message to the Council Viz:

Gentlemen of His Majestys Honble Council,

In answer to your Message of this Day relating to the Amendment you propose to the Inspection Bill this House agree to the same and send

-------------------- page 550 --------------------
Mr. Jones and Mr. Barker two of the Members of this House to see the same done.

Then the House adjourned till 3 o'clock Afternoon.

P. M. The House met according to Adjournment.

On Motion ordered that the Bill to quiet the Freeholders in the Possession of their Lands be read a third time. Read the said Bill a third time and amended the same and ordered to be sent to the Council.

Sent the said Bill so amended to the Council by Mr. Williams and Mr. Kinchen.

Mr. Wynns moved for leave to absent himself from the Service of the House on account of his Illness.

Ordered that he have leave accordingly.

Mr. Jones moved for leave to absent himself from the Service of the House on Account of his Illness.

Ordered that he have leave accordingly.

On motion ordered that Mr. Starkey and Mr. Carter return the Thanks of this House to the Reverend James Reed for his Sermon preached before this House on Wednesday last.

Mr. Jones Junr acquainted this House that he with Mr. Barker had according to Order waited on the Council and had seen the Amendment proposed by the Council inserted in the Inspection Bill.

Mr. Jones, Mr. Barker and Mr. Swann Junr moved for leave to absent themselves from the Service of the House.

Ordered that they have leave accordingly.

On Motion Resolved That for the future no Claim against the publick be allowed by this House where two Sessions of Assembly shall intervene between the Commencement of such Claim and Application for allowance thereof.

Received from the Council a Written Message Vizt

Mr. Speaker and Gentlemen of the Assembly,

The Fee of Five Shillings given to the Commander of Fort Granville for his trouble in swearing Masters of Vessells coming into Occacock and giving a Certificate which was allowed by both Houses on the second Reading of the Bill to prevent the spreading infectious Distempers being the ordinary Fee in such Cases; we desire your Concurrence in inserting Five Shillings instead of Two Shillings and Eight pence as the Bill now stands in Order that we may pass the Bill.

Received from the Council the bill to amend an Act Intituled an Act for facilitating the Navigation of Port Bath Port Roanoke and Port

-------------------- page 551 --------------------
Beaufort. Endorsed October 11th 1755 In the Upper House read the second time and passed.

And the Bill for erecting that part of Rowan County called Wachovia into a Distinct parish Endorsed October 11th 1755 In the Upper House read the third time and passed

Ordered to be Engrossed.

On motion ordered That the Bill to amend an Act Intituled an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort be read a third time. Read the same a third time agreed to and ordered to be sent to the Council.

Sent the same to the Council.

On motion resolved that the Petition of James Davis Printer be taken under Consideration. After several Debates thereon,

Resolved that the sum of Twenty pounds be allowed to the said James Davis for his Extraordinary Service in his Office of Printer to this Session Inclusive.

Received from the Council the Bill to quiet the Freeholders in the possession of their Lands and for other purposes.

And the Bill for Inspection of Pork, Beef Rice Indigo &c. Endorsed October 11th 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

Resolved that the following Message be sent to the Council (Vizt)

Gentlemen of his Majesty's Honble Council,

This House do agree to the Amendment proposed by you of five shillings being inserted in the Bill to prevent the spreading infectious Distempers &c to be given to the Commander of Fort Granville for his Trouble in swearing Masters of Vessells coming into Occacock and giving Certificate instead of two shillings and eight pence for that Service as it now stands in the said Bill and have sent Mr. Brown and Mr. Mackey to see the Amendments made.

Mr. Kinchin presented a petition from the Inhabitants of Edgcombe County & others.

Resolved that the Matters of Fact contained in the said petition are reasonable.

Received from the Council the Bill to prevent the Exportation of Provisions &c to the French or neutral ports. Endorsed October 11th 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

The House adjourned till Monday 10 o'clock.

-------------------- page 552 --------------------


Monday October 13th 1755. The House met according to adjournment.

Mr. Shergold one of the Members for Currituck County appeared and took his Seat in the House.

Received from the Council the Bill to prevent malignant and infectious Distempers being Spread &c

And the Bill to amend an Act entituled an Act for facilitating the Navigation of Port Bath, Port Roanoke and Port Beaufort. Endorsed October 11th 1755 In the Upper House read the third time and passed.

Ordered to be engrossed.

The House adjourned till 3 o'clock afternoon.

P. M. The House met according to adjournment.

On motion Ordered that Mr. John Brothers, Mr. William Wyat, and Mr. Joseph Bryan be not put on the Estimate of Allowances to the Members of this Session; nor be allowed anything for their Attendance thereat by Reason of their absenting the Service of the House without leave first had and obtained so to do and signified to them by Mr. Speaker and that they receive the Censure of the House at the next Session for such Contempt

Resolved that the following Message be sent to the Council

Gentlemen of His Majesty's Honble Council,

This House have resolved that the sum of Twenty pounds proclamation money be allowed James Davis Printer for his extraordinary Service in his Office this Session Inclusive

Sent the above Message by Mr. Davis and Mr. Shergold.

Mr. Harnet moved for leave to absent himself from the Service of the House on account of his Illness.

Ordered that he have leave accordingly

Mr. Chairman of the Committee of Publick Claims acquainted the House that the Committee had settled and allowed several Claims which were read and after several Alterations made therein the said Report was agreed to and ordered the same be sent to the Council for Concurrence.

Mr. Starkey presented to the House a Certificate from the County Court of Onslow therein recommending Thomas Jinkin to be exempt from paying Levies and Taxes.

Ordered That he be exempt accordingly.

His Excellency the Governor sent a Message to the House commanding the immediate attendance thereof in the Council Chamber with what Bills were Ingrossed.

-------------------- page 553 --------------------

Mr. Speaker with the House went up and presented to his Excellency the following Six Bills (to wit)

The Act for granting a furthur Aid to his Majesty to repel the French and Indians in their Alliance from their Incroachments on his Majesty's Territories in America; and other purposes

The Act for appointing Sherifs and directing their Duty in Office and for compelling Collectors of Publick Taxes and persons intrusted with laying out Publick Monies to apply and account for the same.

The Act to prevent the Exportation of Provisions and live Stock from this Province to the French or Neutral Ports.

The Act to prevent malignant and infectious Distempers being spread by shipping importing distempered Persons into this Province and other Purposes.

The Act to direct the Method of appraising Lands whereon Forts or Batteries now are [or] hereafter shall be erected for the Defence of this Province.

The Act to amend an Act Intituled an Act for facilitating the Navigation of Port Bath Port Roanoke and Port Beaufort

To all which said Bills his Excellency was pleased to assent.

Then directed the House to return and proceed to Business. Mr. Speaker with the House returned.

Mr. Speaker reported that his Excellency the Governor had assented to the foregoing Six Bills.

Mr. Heron presented to the House a Certificate from the County Court of Chowan therein recommending John Parish Senior and John Parish his Son to be exempt from all Publick Duties. On Consideration the House

Resolved that John Parish the younger only be exempt from doing publick Duties and paying Taxes.

Mr. Starkey acquainted the House that the times for holding the Western and Northern Supreme Courts of this Province were near approaching and Mr. George Nicholas his Majesty's Attorney General is at present in an ill State of health and thereby rendered unable to attend the said Courts—therefore moved that some person be appointed to prosecute all Persons who have any Publick Money in their Hands and have not accounted for the same pursuant to Law.

Resolved That Mr. Robert Jones Junior Attorney at Law be and he is hereby appointed to prosecute all such persons who have any Publick Money in their Hands and have not accounted for the same according to Law; and that the Publick Treasurers deliver the said Robert Jones all

-------------------- page 554 --------------------
Bonds and Securities given by such persons to account as aforesaid with the publick when he shall apply for the same.

Resolved That a Message be sent to the Council for Concurrence to the above Resolve.

Received from his Excellency the Governor a Message recommending it to this House to agree with a proper Person to ride with Expresses thro' the Country the present troublesome times requiring a Correspondence with the neighbouring Governments, which is referred for Consideration till tomorrow.

Then the House adjourned till tomorrow Morning 10 o'Clock


Tuesday October 14th 1755. The House met according to adjournment

Pursuant to the Order of Yesterday sent the following Message to the Council

Gentlemen of His Majestys Honble Council,

This House being informed that Mr. George Nicholas his Majestys Attorney General is at present in a very ill state of Health and thereby rendered incapable to attend the Western and Northern Supreme Courts of this Province to prosecute such persons who have any of the Publick Money in their Hands, have

Resolved, That Mr. Robert Jones Jr Attorney at Law do prosecute all such persons who have any Publick Money in their Hands and have not accounted for the same according to Law; and that the Publick Treasurers deliver the said Robert Jones all Bonds and Securities given by such Persons to account as aforesaid with the public when he shall apply for the same; To which we desire your Honours Concurrence.

Mr. William Bartram one of the Members for Bladen County appeared and took his Seat in the House.

Mr. Swann presented a Cerrtificate from the County Court of Duplin therein recommending John Young to be exempt from working on the Roads in the said County.

Ordered That he be exempt accordingly

The House adjourned till 3 o'Clock Afternoon

P. M. The House mett according to Adjournment

Received from the Council the report of the Committee of Claims. Endorsed In the Upper House Read and Concurred with.

Received from the Council the Resolve of this House of this Day concerning the persons to account with the publick Endorsed concurred with except only as to the Debt said to be due to the publick from the

-------------------- page 555 --------------------
Executors of the late Governor Johnston which is delayed till the next Sessions of Assembly for further Enquiry.

Received from the Council a Message in Answer to the Resolve of this House sent them yesterday regarding the Allowance of £20 to James Davis Printer. Endorsed October 14th 1755 In the Upper House Concurred with.

Mr. Swann moved the Governor's Message of yesterday be taken into Consideration for establishing a post for one year from this to the Neighbouring Colonies.

Resolved the same be taken under Consideration immediately on which Mr. James Davis Printer proposed to undertake the said Service for one year at the Rate of one hundred and six pound six shillings and eight pence proclamation money and to oblige himself to send all publick letters, Expresses and Dispatches relating to this Province to any Part thereof for the service of the same and once every Fifteen Days send to Suffolk in Virginia and Wilmington on Cape Fear River for the publick a proper Messenger to receive Letters and Dispatches at these places; to be conveyed where directed for the full Term of one year.

Resolved that the said James Davis be employed for the said Service and that he be paid the sum of One hundred and six pounds six shillings and Eight Pence proclamation Money out of the Surplus of the Printing Tax Fund at two Payments half yearly by a Warrant from the Governor or Commander in Chief as the said Salary becomes due.

Ordered That the following Message be sent to the Council

Gentlemen of his Majestys Honble Council,

This House have received a Message from the Governor intimating that there is no established Post through this Province and the Necessity of having Correspondence with the Neighbouring Colonies did recommend some Method might be provided for conveying all Publick Letters without any other Reward than a Salary: James Davis Printer has offered his Service to undertake to convey all Publick Letters Expresses and Dispatches relating to this Province to any Part thereof and every Fifteen Days send a Messenger to Suffolk in Virginia and to Wilmington on Cape Fear River for the Term of one year—have

Resolved That James Davis be employed for the said Service and that he be paid the Sum of one hundred and six pounds six shillings and eight pence proclamation money out of the Surplus of the Printing Tax Fund at two payments half yearly by a Warrant from the Governor or Commander in Chief as the said Salary becomes due To which desire your Honours Concurrence

-------------------- page 556 --------------------

Sent the same to the Council by Mr. Heron and Mr. Harvey.

Received the above Message from the Council Endorsed concurred with.

The House adjourned till to morrow Morning 10 o'Clock.


Wednesday October 15th 1755 The House met according to adjournment.

Mr. Swann Chairman of the Committee of stating and settling the publick Accompts of this province reported that the said Committee had stated and examined sundry Accounts which he was ready to report to the House when the House would be pleased to receive the same.

Ordered That the Report of the said Committee be now received

Mr. Chairman read the same and delivered it in at the Table where the same was again read by the Clerk; and to one Article of Nineteen pounds five shillings charged by Colonel James Innes by him paid to William Arthbuthnot for piloting the Forces in Virginia &c the House disagreed the other matters therein reported the House agreed to.

And Ordered that the said Report be sent to the Council for their Concurrence.

Resolved That the following Sums of Money paid into the Committee of Claims and Accounts as follows,

The Sum of Three hundred and twenty four pounds seven shillings and six pence old Bills paid in as sinking Tax and the Sum of three hundred and forty seven pounds old Bill Money allowed by the Committee of Claims making in all Six hundred and seventy one pounds seven shillings and six pence old and nine hundred and thirty eight pounds fifteen Shillings and Ten pence proclamation Bills paid in for sinking Fund be burnt at 5 o'Clock this Evening.

Resolved That the other Sums to-wit, Three hundred and twenty nine pounds five shillings and five pence paid in by Mr. Barker for contingencies and the sum of one hundred and sixty seven pounds three shillings and a penny half penny be and remain in the hands of Mr. Starkey Treasurer of the Southern District.

Mr. Starkey moved that the sum of three hundred and twenty nine pounds five shillings and five pence proclamation money paid in by Mr. Barker to the Committee of Publick Accompts for Contingencies as also the sum of one hundred and sixty seven pounds three shillings and a penny half a penny in his own Hands the Surplus of the printers Tax as appears by the Report of the Committee of Publick Accompts be applied by him towards paying the Claimants of this Session of Assembly and other Expences.

-------------------- page 557 --------------------

Resolved that the said Sums be so applied and that Mr. Starkey pay the same accordingly.

Resolved that the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

This House have Resolved that the Sum of nine hundred and thirty eight pounds Fifteen shillings and ten pence proclamation paid in for the sinking Fund also the Sum of Three hundred and twenty four pounds seven shillings and six pence old Bill money paid in towards sinking Fund also the Sum of Three hundred and forty seven pounds old bill money allowed by the Committee of Claims and exchanged are ordered to be burnt this Evening at 5 o'clock; and have appointed a Committee in Conjunction with such of your Honours as you shall think fit to see the same done.

Received the above Resolve from the Council Endorsed concurred with.

Resolved That the several Sums following be paid to the several officers of the Assembly and other persons respectively.

£
s
d
To William Heritage Clerk of the Assembly
24.
6.
0
To Mr. Wm Powell for Services done this Session
7.
10.
0
To Mr. William Mowatt for Do
7.
10.
0
To Faulconer for engrossing Bills
5.
0.
0
To Mr. Robert Snead for Services
25.
0.
0
To Mr Henry Delon for Do
25.
0.
0
To Mr. Simcock for Committee Room and Expences and an Assembly Room
5.
0.
0
To Mr. Charles Adams for Committee Room
3.
0.
0
To presents made the Indians
4.
10.
0
To Mr. Young for Engrossing Bills
3.
0.
0

Resolved that the following Message be sent to his Majestys Honble Council,

Gentlemen of His Majestys Honble Council,

This House have Resolved that the Sum of Three hundred pounds five shillings and five pence received for Contingencies by Mr. Thomas Barker and by him paid into the Committee of Accounts and also the sum of one hundred and sixty seven pounds three Shillings and one penny half penny in the Hands of Mr. Starkey Surplus of the printing Tax be applied towards paying the Expences and Claims allowed at this Session of Assembly.

-------------------- page 558 --------------------

Sent the same to the Council by Mr. Starkey

Received the above Resolve from the Council Endorsed concurred with only so far as to pay the Clerks of the Houses and Committees and the Officers and Servants and House rent.

Ordered that a Message be sent to his Excellency to acquaint him that the Bills passed this Session are engrossed and desire to know when he will be pleased to direct the Attendance of the House

Sent the above by Mr. Harvey and Mr. Shergold.

Received a Message from the Governor requiring the Attendance of the House immediately in the Council Chamber.

Mr. Speaker with the Members waited on the Governor in the Council Chamber and presented the following Bills

An Act for Inspection of Pork, Beef Rice Indigo, Tar, pitch, Turpentine, Staves Heading, Shingles and Lumber.

An Act for regulating Orphans their Guardians and Estates.

An Act for quieting the Freeholders in the possession of their Lands and for other purposes.

An Act for the restraint of Vagrants and for making Provision for the poor and other purposes.

An Act to appoint the place for erecting the Court House and Prison in the County of Onslow and other purposes therein mentioned.

An Act for ascertaining a proper place to build thereat a Court House prison pillory and Stocks for the County of Beaufort.

An Act for erecting that part of Rowan County called Wachovia into a distinct parish.

An Act for laying out a Road from Orange County Court House to a Landing on the North West of Cape Fear River to all which his Excellency was pleased to give his assent

Then Mr. Speaker reported to the House that the Governor was pleased to assent to the foregoing Acts and make a Speech to both Houses and to prevent mistakes had obtained a Copy of the said Speech

Ordered That the same be read and entered on the Journals of this House

Read the same as follows,

Gentlemen of his Majestys Council, Mr. Speaker and Gentlemen of the Assembly,

The steady zeal you have shewn for the support of his Majestys Rights I shall faithfully represent to his Majesty and particularly at this imminent Danger when his Colonies have been Invaded by a barbarous Enemy who massacre and scalp innocent Families in cold Blood under

-------------------- page 559 --------------------
the Sanction of a peace sworn to by the Gallic Monach yet in Breach of the Articles sworn to gives Rewards to those who scalp or carry away the Inhabitants into Slavery.

Mr. Speaker and Gentlemen of the Assembly,

Your having granted as great a Supply as the Circumstances of this province can bear for the Aid of the Common Cause of the Colonies must be agreeable to his Majesty; when other great and rich Colonies keep up a bitter Spirit of Party regardless of their Religion and Liberties and your giving me the power of laying it out for the general good of the Colonies as his Majesty's Service may require it requires my due Return of Thanks to you and will doubly Engage me to exert myself in making it most useful for the purposes for which it is granted.

Gentlemen of his Majestys Council Mr. Speaker and Gentlemen of the Assembly,

Since this unseasonable hot Season has made this Neighbourhood sickly I shall no longer detain you and must thank you for the several good Laws you have passed and shall only recommend to you the putting the several Laws already made in Execution in your several Districts and take care that the Militia be in readiness in case of an Invasion and to raise and keep up a Spirit against a perfidious Enemy who are determined to deprive you of your Religion Liberties and possessions.

Mr. Speaker and Gentlemen of the Assembly,

In Compliance with your Message acquainting this House with your having appointed a Committee to see the burning the Bills of Credit which have been paid on Account of the Sinking Fund at this Session of Assembly this House has appointed the Honorable Francis Corbin and Lewis De Rosset Esqr a Committee to join yours on that Occasion.

Colonel Harvey reported that the Committee of both Houses had pursuant to order burnt the several Sums following to wit nine hundred and thirty eight pounds fifteen shillings and ten pence proclamation money for the sinking Fund and also Three hundred and twenty four pounds seven shillings and six pence old Bill money paid into the Committee of publick Accounts for the sinking Fund and likewise Three hundred and forty seven pounds old Bills exchanged for those of the last Emission.

His Excellency by proclamation was pleased to prorogue the Assembly till the third Tuesday in May next to be then held at Newbern.

Mr. Speaker pronounced the prorogation accordingly.