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Colonial and State Records of North Carolina
Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
December 05, 1770 - December 31, 1770
Volume 08, Pages 302-346


North Carolina—Ss.

At an Assembly begun and held at New Bern the twenty third day of October, in the ninth 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, and so forth, and in the year

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year of our Lord, one thousand seven hundred and sixty nine, being the first Session of this present Assembly.

The Clerk of the Crown having certified that the following persons were duly elected and returned Representatives for the respective Counties and Towns, to wit,

Anson—Messrs Matthew Raiford, William Mask.
Bladen—Mr William McRee.
Brunswick—Messrs John Grange, Robert Howe, William Davis.
Beaufort—Messrs Thomas Bonner, Moses Hare.
Bute—Messrs Thomas Eaton, Benja Ward.
Bertie—Messrs John Campbell, Cullen Pollock, Lillingh Lockhart.
Bath Town—Mr John Maule.
Town of Brunswick—Mr Mau. Moore.
Craven—Messrs Thos C. Howe, Jacob Blount.
Carteret—Messers Willm Thomson, Joseph Bell.
Chowan—Messrs Saml Johnston, Edward Vail, James Blount,
Thomas Hoskins, John B. Beasley.
Currituck—Messers John Woodhouse, Henry White, Kader Merchant, Wm Ferrify, Thomas Jones.
Dobbs—Messrs Wm McKinnie, A bm Sheppard.
Duplin—Messrs Felix Kenan, Wm Dickson.
Edgecombe—Messrs Micajah Thomas, Aquila Sugg.
Granville—Messrs Thomas Person, Howell Lewis.
Halifax—Messrs Blake Baker, Wm Alston.
Hertford—Messrs Benja Wynn, Edward Hare.
Hyde—Messrs Edward McSwain, Rotheas Latham.
Town Halifax—Mr Jos Montfort.
Johnston—Messrs Needham Bryan, John Smith.
Mecklenburg—Messrs Abm Alexander, Thomas Polk.
New Hanover—Messrs John Ashe, James Moore.
Northampton—Messrs Henry Dawson, Howell Edmunds.
Town of New Bern—Mr Richard Caswell.
Orange—Messrs Hermon Husband, John Pryor.
Onslow—Messrs William Cray, Richard Ward.
Perquimons—Messrs John Harvey, Benja Harvey, Andrew Knox, John Skinner, Thomas Harvey.
Pasquotank—Messsrs. Joseph Jones, Thomas Relfe, John Lowry, William Relfe, Jno Herring.
Pitt—Messrs. John Simpson, John Spier.
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Rowan—Messrs. Griffith Rutherford, Christopher Nation.
Town of Salisbury—Mr. John Dunn.
Tyrrill—Messrs. Ebenezer Slade, William Slade, Kenneth McKinzie, Peter Wynn, Benjamin Hasell.
Tryon—Messrs. Wm Moore, Thos Neale.
And Mr. Corns Harnett for the Town of Wilmington

Pursuant to which the following Members appeared, to wit, Messrs. Thomas Relfe, Benjamin Ward, William Relfe, John Harvey, John Skinner, Thomas Harvey, Thomas Hoskins, John Maule, Thomas Bonner, Edward Vail, William Alston, John Beesly, Richard Caswell, Edward Hare, John Pryor, Edward McSwaine, Abraham Alexander, Thomas Polk, Thos Person, Howell Lewis, Richard Evans, William Cray, Robert Howe, Benjamin Person, Andrew Knox, William McKinnie, John Dunn, Walter Gibson, Ferquard Campbell, Thomas Neill, William Moore, John Woodhouse, Kedar Merchant, Thomas Macknight, Henry White, Samuel Jarves, William McRee, Richard Caswell, Jacob Blount, Christopher Neale, Richard Ward, William Davis, Thomas Harvey, Francs Mackilwean.

Mr Howe and Mr Cray waited on His Excellency the Governor and acquainted [him] that a sufficient number of members to constitute a House were met; and to desire His Excellency to appoint some of the Members of Council to see them qualified.

The Members being returned brought for answer that His Excellency would appoint two members accordingly.

The Honble Robert Palmer and Samuel Cornell Esquires, two of the Members of the Council, came to the House, and the above fifty nine Members qualified by taking the Oaths by Law appointed for qualification of Public Officers and repeating and subscribing the Test.

Mr Fanning and Mr Blount waited on His Excellency the Governor, to inform him that the Members had qualified and they waited to receive his commands; who being returned reported to the House that his Excellency would send a Messenger for the Members to wait on him in the palace.

Recd from His Excellency the Governor a Verbal Message by Mr Hooper desiring the immediate attendance of this House in the palace.

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The Members waited on His Excellency the Governor in the palace when he was pleased to direct that they return to the House and make choice of a Speaker.

The Members being returned to the House Mr Samuel Johnston proposed and set up Colonel Richard Caswell who was unanimously chosen Speaker, and placed in the Chair accordingly.

On motion ordered Mr Hewes and Mr Montfort wait on His Excellency the Governor, and acquaint him the House had made choice of a speaker and desire to know when they shall wait on his Excellency to present him, being returned, informed the House his Excellency would send a Message when he would receive them.

Recd from His Excellency the Governor a verbal Message by Mr Hooper requiring the immediate attendance of the House in the palace.

The House waited on His Excellency the Governor and presented their Speaker, whom His Excellency was pleased to approve of and then made a Speech to his Majesty's 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.

Then on motion Resolved, His Excellency the Governors Speech be read tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.


Thurday December 6th 1770.

The House met according to adjournment.

On motion ordered, That Mr James Green Junr, Clerk to the late Assembly, be and continue Clerk to this present Assembly.

Mr Edward Vail and Mr James Blount, two of the Members of Chowan County, appeared.

On motion ordered that Mr Jacob Blount and Mr Sheppard wait on the Council and desire them to send two of their members to see the above two members qualified, who being returned informed the House they would send two of their members accordingly.

The Honble Alexander McCulloch and Samuel Cornell Esquires, two of His Majestys Council, came to the House, and Mr Edward Vail and James Blount, two of the members for Chowan County, and Jas. Green Junr Clerk to this House, were qualified.

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On motion ordered His Excellency the Governor's Speech be read, read the same and is as follows, Vizt,

[For the Governor's speech see Journal of Upper House, page 282 ante.—Editor.]

Then on Motion Resolved the said Speech be committed to a Committee of the whole House, and thereupon choose Mr William Haywood Chairman; and after the same was read and some time spent the Committee came to several Resolutions which Mr Chairman was directed to report to the House.

Then on motion Mr Speaker resumed the Chair. Mr Chairman reported that the Committee had taken into consideration his Excellencys Speech and came to several Resolutions thereon, which Mr Chairman reported to the House; the same were approved of and ordered they be instructions to the Committee to be appointed to prepare an Address in Answer to his Excellencys Speech

On motion ordered that Mr Howe, Mr Johnston, Mr Mau. Moore, Mr Harnett, Mr Nash, Mr Fanning, and Mr Hewes, be appointed a Committee to prepare an address in answer to his Excellencys Speech, and report the same to the House for Approbation.

Then the House adjourned till tomorrow morning 10 oClock.


Friday December 7th 1770.

The House met according to adjournment.

Mr John Gibbs one of the Members from Bladen County appeared.

Ordered that Mr Cray and Mr Davis wait on the Council and desire the attendance of two of their members to see the above member qualified.

The Honble Alexander McCulloch and Samuel Cornell Esquires two of His Majesty's Council came to the House; when Mr John Gibbs one of the Members for Bladen County was qualified by taking the Oaths by Law appointed for the qualification of public officers and repeating and subscribing the Test.

Recd from His Excellency the Governor the following message together with the papers therein referred to, to wit,

Mr Speaker and Gentlemen of the House of Assembly,

Agreeable to my promise in my Speech, I now send you a list relative to the proceedings of the Insurgents, Vizt,

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A Letter from Mr Judge Henderson with a petition to the Judges, delivered to Mr Henderson by the Regulators.

A letter from some of the Inhabitants of Hillsborough.

The Deposition of Mr Ralph McNair.

Ditto of Joseph Lyon.

Ditto of John Mixedon.

Ditto of William Woods Senior and Junior.

Ditto of William Akins,

Ditto of John Butler Sheriff of Orange.

Resolved that consideration of the foregoing Messages and papers therein referred to be laid over till tomorrow.

Recd from His Excellency the Governor the following Message,

Mr Speaker and Gentlemen of the House of Assembly,

As several Sheriffs are now attending in Town in obedience to my proclamation, to make report to the General Assembly of the opposition they have met with in the execution of their offices, I think proper to acquaint you herewith, they being very impatient to return Home.

Wm. TRYON.

Resolved, the said Sheriffs be heard on Oath at the Bar of this House,

John Butler Sheriff of Orange, William Pickett Sheriff of Anson and Thomas Terry deputy sheriff of Anson appearing and their deposition, being taken, On motion,

Resolved, the House will take the same into consideration tomorrow morning.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday December 8th 1770.

The House met according to adjournment.

Ordered Mr Knox and Mr Benjamin Person wait on the Council and desire the attendance of two of their members to see the qualification of two members of this House.

The Honble William Dry and Samuel Cornell Esquires two of the members of the Council came to the House, and Mr Thos Eaton one of the members of Bute County and Mr Howell Edmunds one of the members of Northampton County were qualified, by taking the Oaths by Law appointed for the qualifications of public officers and repeating and subscribing the Test.

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The House being informed that Mr Henry Dawson who was elected for Northampton County is dead,

On motion, ordered His Excellency be addressed to direct the Clerk of of the Crown to issue a Writ for electing a member for the said County, to sit and vote in this present Assembly in the room and stead of the said Henry Dawson.

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

To His Excellency William Tryon, Esquire, Captain, General, Governor, &ca,

Sir,

This House having been informed that Mr Henry Dawson who was elected one of the members for Northampton County is dead, therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ for electing a member for the said County of Northampton, to sit and vote in this present Assembly, in the room and stead of the said Henry Dawson deceased.

R. CASWELL, Sp.

Sent by Mr Person and Mr Edmunds.

On motion ordered that Messrs Cornelius Harnett, Johnston, Hewes, Nash, Macknight, Fanning, Knox, Christopher Neale, Thomson, Benjamin Person, Stewart, Cray and Sheppard be appointed a Committee of Public Accounts, and,

That Messrs Haywood, Jacob Blount, Vail, James Blount, William Davis, Ferquard Campbell, Polk, Mackilwean, Lane, Dunn, and Gray be appointed a Committee of the Public Claims in conjunction with such of the members of his Majesty's Honorable Council as they think fit to appoint, And that the following message be sent to the Council,

Gentlemen of His Majestys Honble Council,

This House have appointed Messrs Harnett, Johnston, Hewes, Nash, Macknight, Fanning, Knox, Christopher Neale, Thomson, Benjamin Person, Stewart, Cray and Sheppard, a Committee of this House to state and settle the public accounts of this Province, And Messrs Haywood, Jacob Blount, Vail, James Blount, Davis, Campbell, Polk, Mackilwean, Lane, Dunn and Gray a Committee of this House to settle

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and allow the Public Claims in conjunction with such of your Honors as you shall think fit to appoint.

R. CASWELL, Sp.

On motion ordered that Messrs Vail, Gray, Cray, Thomson, Dunn, Maurice Moore, Person, Duyscombe, Harnett, Bonner, Nash, Howe and Mackilwean be appointed a Committee of Privileges and Elections, and that they have power to send for persons, papers and records as occasion may require.

On motion ordered, that Messrs Ashe, Howe, Eaton, Gibbs, Evans, McKinnie, Hare, Rutherford, McSwain, Thos Person, Jas. Blount, James Lockhart, Edmunds, Gibson, Jarvis, Robinson, Ward, Alston, Dickson, Harvey, Wm Moore, Christopher Neale, Shepard, Smith, Pryor, Hewes, Alexander, Thos Relfe, Montfort and Harnett, be appointed a Committee of Propositions and Grievances.

Mr Husband presented a petition from the inhabitants of Orange County, complaining of sundry grievances and praying relief. Ordered to be referred to the Committee of Propositions and Grievances.

The order of the day being read, Resolved that the consideration of His Excellencys Message, and the papers therein referred to of the seventh instant, be deferred till Monday next.

Then the House adjourned till Monday morning 10 oClock.


Monday December 10th 1770.

The House met according to adjournment.

Mr Knox moved for leave to present a Bill for establishing a ferry from Bath Town to the plantation of Thomas Bonner on Durham Creek, and from the plantation of Thomas Bonner on Durham Creek to Bath Town.

Ordered he have leave accordingly.

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

Sent by Mr Bonner and Mr Hare.

Mr Husband presented a petition from Hosea Taply of Granville County complaining of sundry grievances. Ordered the same be referred to the Committee of Propositions and Grievances.

Mr John Campbell one of the members for Bertie County and Mr

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Richard Brownrigg, one of the members for Chowan County, appeared.

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

Mr. Speaker and Gentlemen of the House of Assembly,

I have received your Message of the 8th Instant, and have ordered the Clerk of the Crown to issue a Writ for electing a Member in the County of Northampton in the room and stead of Henry Dawson deceased, accordingly.

Wm. TRYON.

The Honble Martin Howard and Samuel Cornell Esquires two of the Members of Council came to the House and the above two Members were qualified, by taking the Oaths by Law appointed for the qualification of Public officers and repeating and subscribing the Test,

Mr Rutherford moved for leave to present a Bill for erecting part of Rowan and part of Orange Counties into a separate County and Parish by the Name of —— County and —— Parish and other purposes.

Ordered he have leave accordingly.

Mr Rutherford 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 Rutherford and Mr Pryor.

Mr Nash moved for leave to present a Bill to ascertain certain officers fees therein named.

Ordered he have leave accordingly.

Mr Nash 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 Rutherford and Mr Pryor.

Mr Rutherford moved for leave to present a Bill to enlarge the time for Sheriffs to settle their accounts with justices of the Inferior Court of pleas and quarter Sessions of the Counties therein mentioned

Ordered he have leave accordingly.

Mr Rutherford 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.

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Sent by Mr Rutherford and Mr Pryor.

Mr Maurice Moore, from the Committee appointed to prepare an Address to his Excellency the Governor's Speech, informed the House, that the said Committee had prepared the same, which he read in his place and delivered in at the Table, where the same was again read.

Ordered the same stand the Address of the House and be entered on the Journal, to wit,

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

Sir,

We his Majestys dutiful and Loyal Subjects the Members of Assembly of the Province of North Carolina return you our humble and hearty thanks for your Speech delivered to us at the opening of this Session.

The tender concern for the welfare of this Province with which your Excellency has pointed out the state of our public affairs and the means of redressing grievances prevalent and oppressive deserve our warmest acknowledgments. The Interest of those we represent, Justice to public creditors and the honour of Government, equally require at our hands a clear and exact settlement of the public Accounts; and to this important object your Excellency may rely we shall with unwearied diligence apply ourselves.

The conduct of public officers in some parts of this Province, perhaps, has given just cause of complaint. This, Sir, we would willingly believe hath not wholly arisen from a depravity of morals among the servants of the public; in some instances we are inclined to think it the consequences of an inconsistent and oppressive fee Bill. That Act has annexed fees to unnecessary services, which in this country are never performed; yet ideal as they are, they are carefully attended to, and often received; in other cases, much to the prejudice of the officer, it has left services necessary and incumbent, wholly unprovided for. To remedy this evil as far as we can, we consider as being indispensibly our duty; and permit us Sir, to assure you that to discharge it in this, as well as in every other instance with chearfulness and fidelity, is an object to which we shall be attentive.

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The great quantity of counterfeit certificates and proclamation Bills circulating among us is a circumstance truly alarming to the whole Province. It is injurious to individuals, and destructive to public Credit. We consider that nothing less than passing an Act, for calling in all public certificates and paper currency circulating this Colony, can put an end to the fatal consequences attending so infamous an imposition on the Inhabitants of this Country.

The late daring and insolent attack made on the Superior Court at Hillsborough by the people who call themselves Regulators we hold in the utmost detestation and abhorrence. The deliberate and preconceived malice with which it was contrived, and the brutal fury with which it was executed, equally bespeak them unawed by the Laws of their Country, insensible to every moral duty, and wickedly disaffected to Government itself. The dissolute principles and licentious spirit by which these people are actuated and stand united, render them too formidable for the ordinary process of Law. Sensible of this Sir, We owe it to our Sovereign, our constituents, and ourselves, to adopt measures, at once spirited and decisive.

The Palace erected by this Province, for the residence of your Excellency and successors in office, is truly elegant and noble. To your unwearied attention and influence and to the Ability and diligence of the Architect, the inhabitants of this country owe what honor and credit it may reflect upon them.

We entirely agree with you Sir, in the measure you propose of establishing a public School in the frontier part of this Province. We are convinced that the peace and happiness of Society much depends on a pious and Liberal education of its Members. To neglect an object so interesting and important, is to withhold from this country a blessing that will necessarily accrue to it, from a rising and instructed Generation.

To continue and provide for the garrison of Fort Johnston, at the eve of a war is both prudent and necessary, the safety and security of one of the principal trading ports in this Province depends on it. We shall therefore pay due attention to this measure, as well as every other your Excellency has been pleased to recommend.

Your approaching departure from your Government is a circumstance truly detrimental to the interests of this Province, and is justly to be lamented. It is a misfortune peculiar to this Country, that as soon as its Governor is become acquainted with its constitution and the temper of its inhabitants, he is by some ill fated means

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or other removed from us. Nothing Sir, on this afflicting occasion, can afford us consolation, but a firm reliance that the well known benevolence of your disposition and friendly concern for the welfare of mankind will dispose you to use that influence your merit and station justly entitle you to, in favour of the Constitutional Liberties of North America in general, and the interest of this Province in particular. Your steady and uniform endeavours to render every service to this Country have a just claim to the warmest return of gratitude and respect; and whithersoever you may go you have the united and unfeigned wishes of this people for the peace and happiness of yourself and family.

R. CASWELL Sp.

Then the House adjourned till tomorrow morning 10 oClock.


Tuesday December 11th 1770.

The House met according to adjournment.

Mr Edmunds presented a petition from the Inhabitants of Northampton County complaining of the many exorbitant and oppressive measures pursued by Public officers &ca Praying relief.

Ordered the said petition be referred to the Committee of Propositions and Grievances.

Mr Person presented a petition from the Inhabitants of Bute County complaining of the many exorbitant and oppressive measures pursued by public officers &ca praying relief.

Ordered the said petition be referred to the Committee of Propositions and Grievances.

Mr Person presented sundry certificates from the Inferior Court of Bute County therein recommending Elias Wilson and Moses Kennell, to be exempt from paying public Taxes. Ordered they be exempt accordingly.

The following certificates from the Inferior Court of the County of Anson were presented by Mr Person therein recommending Edward Smith, George Matthews, Thos Stafford Williams and William Lucas to be exempt from paying public taxes.

Ordered they be exempt accordingly.

Mr. Person presented a certificate from the Inferior Court of Tryon County therein recommending Robert Harlot to be exempt from the payment of public taxes. Ordered he be exempt accordingly.

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Mr McKinnie presented a certificate from the Inferior Court of Dobbs County therein recommending John Ballard to be exempt from the payment of public taxes. Ordered he be exempt accordingly.

Mr Haywood presented a certificate from the Inferior Court of Edgecombe County therein recommending Wright Knight to be exempt from the payment of Public Taxes. Ordered he be exempt accordingly.

Mr William Slade one of the members for Tyrrell County appeared.

The Honble Martin Howard and Samuel Cornell Esqrs two of the members of Council came to the House, and Mr William Slade was qualified by taking the Oaths for the qualification of public officers repeating and subscribing the Test.

Mr Gray moved for leave to present a Bill to impower the Church Wardens and Vestrymen of the Parish of St Gabriel in the County of Duplin, to sell the glebe in the said Parish and County and other purposes.

Ordered he have leave accordingly.

Mr Gray 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 Dickson.

Mr Cray moved for leave to present a Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

Ordered he have leave accordingly.

Mr Cray 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 Dickson.

On motion ordered that Mr Fanning and Mr Eaton, Wait on his Excellency the Governor and inform him that the House has prepared an Address in answer to His speech, and desire to know when they shall wait on him to present the same, who being returned brought for answer His Excellency would inform the House when he would receive the same.

Recd from the Council the following Bills, towit,

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The Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law.

The Bill to ascertain certain officers fees therein named.

The Bill for establishing a ferry from Bath Town to the plantation of Thomas Bonner on Durham Creek, and from the plantation of Thomas Bonner on Durham Creek to Bath Town.

The Bill to enlarge the time for Sheriffs to settle accounts with the Justice of the Inferior Court of Pleas and Quarter Sessions of the Counties therein mentioned.

The Bill to impower the Church Wardens and Vestrymen of the Parish of St Gabriel, in the County of Duplin, to sell the Glebe in the said Parish and other purposes.

The Bill for erecting part of Rowan County and part of Orange County into a separate County and Parish by the name of —— County and —— Parish, and other purposes. Endorsed, December 11th 1770, In the upper House read the first time and passed.

On motion ordered Messrs John Campbell, Dunn, Fanning, Christopher Neale, Lane, Evans, Howe, Nash and Maurice Moore be appointed to examine into the Laws of this Province and report to this House such of them as are near expiring; and also such as require amendment.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday December 12th 1770.

The House met according to adjournment.

Mr Edmunds presented a certificate from the Inferior Court of Northampton County, therein recommending Sarah Lewis, Isaac Parker, and Humphrey Reavel to be exempt from paying public taxes. Ordered they be exempt accordingly.

Mr Lane moved for leave to present a Bill to establish a public inspection in the County of Johnston.

Ordered he have leave accordingly.

Mr Lane 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 Lane and Mr Smith.

Mr Rotheus Latham one of the members for Hyde County appeared.

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The Honble William Dry and Samuel Cornell Esqrs, two of the members of the Council, came to the House when Mr Rotheas Latham was qualified by taking the Oaths by Law appointed for qualification of public officers, and repeating and subscribing the Test.

Mr Harnett presented a petition from sundry importers of wine, rum and other distilled liquors into the port of Brunswick setting forth that a greater sum than £2,000 of the emission in 1754 has been paid by the duty of 4d. per gallon on wine, rum and other distilled liquors &ca praying to be released from the payment of the said duty from the beginning of the present year &ca.

Ordered the said petition lie for consideration.

Recd from His Excellency the Governor a verbal message requiring the immediate attendance of the House in the Palace.

Mr Speaker with the House waited on His Excellency the Governor, and presented him with the address of this House and being returned Mr Speaker reported that he with this House had waited on His Excellency the Governor, and presented him with the address of this House; 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 Journal of the House, and is as follows,

Mr Speaker and Gentlemen of the House of Assembly,

I thank you for your truly loyal spirited and affectionate address. The highly Honorable Testimonies you give me of your approbation of the several matters, I have offered for your consideration, with your resolutions to pursue vigorous and decisive measures in support of Government, gives new life to my hopes, and reanimates my zeal for your service. You cannot too much cherish and cultivate the liberal sentiments you have at this juncture embraced; sentiments, nobly generous towards your King and Country and honorable to yourselves.

I receive with sensations of gratitude and esteem the assurance you give me of the unfeigned wishes of the people of this Province for the felicity of my family. Though many powerful considerations require my return to England, you may rest in confidence that whatever circumstances I may be placed in, or whatever part of His Majesty's dominions may be my residence, I shall be happy to take a part, as far as the narrow sphere of my influence may reach in favour of

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the true Liberties of his Majesty's Subjects in America, and the peculiar interests of this Province, neither time nor distance can ever efface from my mind the just sense of the obligations I owe you for your favorable opinion of my public services and assurances of support against the secret Abettors of the Insurgents.

Wm. TRYON.

Then the House adjourned till 5 oClock in the Afternoon.

P. M. The House met according to adjournment.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday December 13th 1770.

The House met according to adjournment.

Mr Slade presented the petition of sundry Inhabitants of the upper end of Tyrril, and lower end of Halifax Counties praying that a new and distinct County and Parish be erected, which he read in his place; and then on Motion, ordered that Mr Slade have leave to present a Bill.

Mr Slade 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 Slade and Mr Alston.

Mr Hare presented the petition of Thomas Respess complaining of an undue Election and return from Bath Town praying relief.

Ordered to be referred to the Committee of Priviledges and Elections.

The order of the day being read, Resolved the consideration of the same be deferred till Monday next. Ordered that Mr Pryor, Mr Ferquard Campbell, Mr Rutherford, Mr McRee, Mr Lane and Mr Haywood be added to the Committee of Priviledges and Elections.

Then the House adjourned till Tomorrow morning 10 oClock.


Friday December 14th 1770.

The House met according to adjournment.

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

Mr. Speaker and Gentlemen of the House of Assembly.

I herewith send you a printed copy of the plan laid before the last Assembly for keeping the public accounts; at the same time

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considering the difficulties there may be in immediately procuring the record books therein recommended to be kept by the Treasurers, I take the liberty to offer for your acceptance a set of books for the Treasury office, to be kept by the Treasurers, respectively, for the time being, and to be deemed the property of the public; by this means the successors in that office may trace the vestages of their several predecessors from this establishment, and the public at all times be uniformly acquainted with the exact condition of the public funds; particularly if you adopt that admirable method pursued in South Carolina in their Tax Bill of stating in the said Bill the supplies for the current services of Government, and the disbursements of the preceding year.

I would offer that the present Treasurers might either surrender up all the public outstanding accounts to one or more commissioners and open a new account with the province from a given time detaching themselves wholly from all arrears whatsoever; or else the said Treasurers to undertake the settlement of all arrears, and one or more Treasurers be appointed to carry on a new account with the Public.

The reason of my recommending this line to be drawn, arises from an apprehension that the arrears due to the public under the present intricate situation of the public funds may remain so heavy a pressure upon any new method established, as to prevent it from clearing itself from so great a weight, and which probably, in a short time will involve the new accounts in a similar confusion with the old ones.

Wm. TRYON.

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

Mr. Speaker and Gentlemen of the House of Assembly,

You will herewith receive a Memorial preferred by some London merchants to the Earl of Hillsborough concerning the packing and shipping of naval stores from this Province to the mother country.

Wm. TRYON.

On motion ordered the memorial referred to in His Excellencys Speech be read. Read the same; and then on motion Ordered that Messrs Knox, Gibson, Hewes, Jacob Blount, John Campbell, Thomson, Davis, Stewart, Ward and Gibbs be appointed a Committee to

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prepare and bring in a Bill for directing the method of preparing and settling for exportation tar, pitch and turpentine.

Recd from the Council the Bill for establishing a public inspection of Tobacco in the County of Johnston, Endorsed, In the upper House read the first time and passed.

Mr Thomson presented a certificate from the County Court of Carteret, therein recommending Jeremiah Brown be exempt from the payment of public Taxes, and doing public duties. Ordered he be exempt accordingly.

Mr McRee moved for leave to present a Bill for the relief of such persons who have or may suffer by the loss of the records in Bladen County and other purposes.

Ordered he have leave accordingly.

Mr McRee 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 McRee and Mr Gibbs.

Mr Ormond presented two certificates from the Inferior Court of Hyde County therein recommending William Price and Littleton Jerman to be exempt from the payment of public taxes and doing public duties. Ordered they be exempt accordingly.

Recd from the Council the Bill for the relief of such persons who have or may suffer by the loss of the records in Bladen County and other purposes, In the upper House, read the first time and passed.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday December 15th 1770.

The House met according to adjournment.

Mr Jarvis presented a certificate from the Inferior Court of Currituck County, therein recommending Robert Bell to be exempt from the payment of public Tax.

Ordered he be exempt accordingly.

Mr Johnston for leave to present a Bill for preventing tumultuous and riotous Assemblies, for the more speedy and effectually punishing the rioters, and for restoring and preserving the public peace of the province.

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.

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Ordered the same lie on the Table for the consideration of the Members.

On motion ordered that Mr Polk, Mr Maurice Moore, Mr Macknight, Mr Harnett, Mr Nash, Mr Howe, Mr Husband, Mr Gibbs, Mr John Campbell, Mr Knox, and Mr Stuart be appointed a Committee to prepare and bring in a Bill for granting to his Majesty the sum of——Thousand pounds proclamation money, to be imposed, levied and applied in manner and to the purposes herein after mentioned.

Mr Montfort moved for leave to bring in a Bill for further continuing an Act Intitled an Act for appointing a printer to this Province.

Ordered he have leave accordingly.

Mr Montfort 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 Shepard and Mr Dickson.

Mr Joseph Jones and Mr Jonathan Herring two of the Members for Pasquotank County appeared.

The Honble Robert Palmer and Samuel Cornell Esqrs two of His Majesty's Council came to the House, and Mr Joseph Jones and Mr Jonathan Herring were qualified by taking the oaths by Law appointed for the qualification of public officers and repeating and subscribing the Test.

Then the House adjourned till Monday Morning 10 oClock.


Monday December 17th 1770.

The House met according to adjournment.

Mr Edward Hare and Benjamin Wynns Junr two of the members of Hertford County, and also Mr Lillington Lockhart, one of the members for Bertie County appeared.

Ordered the following Bills be read the second time, Vizt,

The Bill for the relief of such persons who have or may suffer by their deeds and mense conveyances not being proved and registered within the time heretofore appointed by Law.

The Bill to impower the Church wardens and Vestrymen of Saint Gabriel's Parish in the County of Duplin to sell the Glebe in the said Parish and County, and other purposes.

The Bill to establish a public inspection of Tobacco in the County

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of Johnston; read the second time amended passed and ordered to be sent to the Council.

Mr Pryor presented the petition of sundry Inhabitants of Orange County therein praying the said County may be divided.

Mr Fanning moved for leave to present a Bill pursuant to the prayer of the said petition.

Mr Fanning 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 Husband and Mr Pryor.

Mr Knox moved for leave to present a Bill for the more easy and speedy recovery of small debts and other purposes.

Ordered he have leave accordingly.

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

Sent by Mr Knox and Mr Thos Person.

The Honble Martin Howard Esquire and Samuel Cornell Esquire two of His Majesty's Council came to the House, and Messrs Edward Hare, Benjamin Wynns and Lillington Lockhart were qualified according to Law.

Mr Dickson presented a petition from sundry of the Inhabitants of Duplin County therein praying a Town may be erected at a place called Limestone Ferry, on the North West Branch of Cape Fear and lower side of Limestone Creek.

Mr Dickson moved for leave to present a Bill pursuant to the prayer of the said petition.

Mr Dickson 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 McKinnie.

Mr Fanning from the Committee appointed to examine into the Laws of this Province and report to the House such of them as are near expiring, and also such as require amendment informed the House, that the Committee had met for that purpose, and that with leave of the House he was ready to make their report.

Ordered that he have leave; and accordingly he reported,

That it was the opinion of the Committee that an Act made in the year 1715 to appoint public registers and direct the method to be observed in conveying Lands, goods and chattels, and for preventing

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fraudulent deeds and mortgages requires amendment, in order for pointing out and ascertaining in a more particular manner the several indicia or badges of a fraudulent conveyance; and directing the mode of recovering the forfeiture; and for rendering the said Act more effectual.

Also that an Act made in 1715 for establishing what fees are sufficient appears to this Committee to be so imperfectly drawn and the mode of obtaining redress for the mischief intended to be guarded against by the said Act, is singular and unusual, that they are of opinion that the said Act requires many amendments in order to its answering the salutary purposes for which it was intended; or rather recommend that a new Bill be brought in for the ascertaining what fees are sufficient, wholly repealing the former Act.

This Committee are further of opinion, that the Act passed in 1748 for regulating the several officers fees, and ascertaining the method of paying the same, is so vague and uncertain as to what services are necessary to be done by each respective officer and the fees that may legally be taken by him for his several services collectively; that they esteem it highly requisite that an amendment thereof be made, explaining and ascertaining, in the most full, clear and summary manner the precise sums that may be taken by each officer for the respective services by them to be performed; making exactions of officers more penal, and the method of redress against such practices less difficult.

This Committee upon perusing the several Acts of Assembly, concerning the solemnization of the rights of matrimony and considering the great number of Presbyterian Inhabitants settled in the western Frontier Counties in this Province and the difficulties and expences they must necessarily be under, Can't but think that the restraints and penalties in the said Acts are in some measure hard and oppressive, and that they have a just and reasonable claim to the attention of the Legislative body for granting to them a religious toleration in that particular, and that it is well becoming the Catholic and liberal principles of the Members of the House of Representatives of this Colony, to appoint a Committee to prepare and bring in a Bill for impowering all regular Presbyterian Ministers in this Province to solemnize the rites of Marriage, according to the Westminster confession of Faith, by publication in their religious Assemblies, where the parties are best known, and by License, without any Tax or Fees to the Clergy of the Establishment.

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This Committee further report that they think that the several Acts for Establishing of Inferior Courts of pleas and quarter Sessions in the several Counties within this Province which are near expiring, and such very considerable alterations and amendments, that it would be greatly conducive to the advancement of Justice, and the satisfaction of the public for the House of Assembly to appoint a Committee of its Members to prepare and bring in a Bill for establishing of Inferior Courts of pleas and quarter Sessions in the several Counties in this Province; therein enlarging the Jurisdiction of the said Courts, and of single magistrates, rejecting the clauses relating to petition and summons; and containing a repeal of all former Acts within the pervieu thereof—And lastly,

This Committee submit to the wisdom and discretion of this House whether it should be thought proper that this Committee should be continued during the Session for further researches and enquiries into the purposes for which they were originally appointed, observing that by enlarging the time for their continuance, they think it probable that they may be enabled to report more fully with respect to many other acts, which it would be the duty of the House either to amend or continue, and perhaps both.

Mr Fanning presented the petition of sundry Presbyterian Ministers of this Province, therein praying an Act may pass for impowering all regular Presbyterian Ministers in this Province to solemnize the rites of Marriage, according to the confession of Faith &ca

On motion ordered that Messrs. Fanning, Lewis, Polk, Gibson, John Campbell, Knox, and Stewart be a Committee to prepare and bring in a Bill to impower dissenting Ministers regularly called to any Congregation to solemnize the rites of Marriage, under certain restrictions therein mentioned.

On motion ordered Mr Fanning, Mr Ormond, Mr Cray, Mr Benjamin Person, Mr Brownrigg, Mr Haywood and Mr Christopher Neale be a Committee to prepare and bring in a Bill to establish Inferior Courts of Pleas and quarter Sessions in the several Counties in this Province.

On motion ordered Mr John Campbell, Mr Lane, Mr Macknight, Mr James Lockhart, Mr Thos. Person, Mr Dunn, and Mr Moses Hare, be a Committee to prepare and bring in a Bill to amend an Act Intitled an Act to appoint public registers, and to direct the method to be observed in conveying lands, goods and chattles and for preventing fraudulent deeds and mortgages.

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On motion ordered Mr Harvey, Mr Rutherford, Mr Moses Hare, Mr Evans, Mr Ferquard Campbell, Mr Woodhouse, and Mr Jacob Blount be a Committee to prepare and bring in a Bill to ascertain what fences are sufficient.

Mr Polk moved for leave to bring in a Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the Taxes which are due from the Inhabitants of the said County for the year 1768 and other purposes.

Ordered he have leave accordingly.

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

Sent by Mr Thos Neill and Mr Wm Moore.

Mr Lane presented a petition from sundry Inhabitants of Johnston County therein praying a division of the said County may be made, &ca.

Mr Lane moved for leave to present a Bill pursuant to the prayer of the said petition.

Mr Lane 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 Lane and Mr Gibson.

The order of the day being read Resolved the consideration of his Excellency the Governors Message with the papers therein referred to, be deferred till Thursday next.

On Motion ordered that Mr Ormund Mr Lillington Lockhart and Mr Wynns be added to the Committee of Propositions and Grievances.

Then the House adjourned until tomorrow morning 10 oClock


Tuesday December 18th 1770.

The House met according to adjournment.

Mr Robinson presented sundry certificates from the County Court of Anson therein recommending Richard Adams, Jacob Watson and Daniel Jernegan to be exempt from the payment of public Taxes. Ordered they be exempt accordingly.

Mr Eaton moved for leave to present an additional Bill to an Act Intitled an Act concerning servants and slaves which he read in his place and delivered in at the Table where the same was again read passed and ordered to be sent to the Council.

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Sent by Mr Eaton and Mr Herring.

Mr Aquila Sugg one of the members for Edgecombe County appeared.

Mr Fanning from the Committee appointed to examine the Laws of the Province further reported that the Act made in 1751 for the restraint of vagrants and for making provision for the poor and other purposes, and continued by an Act in 1760, and further by another Act passed in 1766, being now near expiring, We recommend it expedient that the same be re-enacted with amendments continuing a repeal of the former.

The Committee having taken under consideration the Acts of Assembly of this Province with respect to the relief of insolvent debtors, are of opinion that the same might be rendered less ambiguous and doubtful, and also more beneficial by a repeal of those now in force, and by re-enacting a new Law for that purpose, and for the ascertaining the time of imprisonment of insolvent debtors before their releasement, and pointing out the circumstances under which debtors shall be intitled to the privileges of prison bounds.

This Committee do further report, that an Act for suppressing excessive and deceitful gaming which formerly was in force in this province, had a very salutary and beneficial effect during its continuance, and they are of opinion that the same ought to be re-enacted and revived.

This Committee do also report, that they are of opinion that the Act passed in 1768, for preventing the frequent abuses in taking up and secreting of stray horses in the Counties of Orange, Granville, Bute, Rowan, Anson, Mecklenburg, Johnston, Dobbs, Edgecombe, Northampton, Hertford, Tyrrell, Craven and Pitt has been of great utility, and singular service to many persons whose Horses have strayed from them in the Counties afore mentioned, as well as in many of the Neighbouring Counties; and that as the same is near expiring, that it ought to be continued, with such amendments as may be thought necessary and expedient.

Mr Harnett moved for leave to present a Bill to amend an Act, Intitled an Act for establishing a Town on the Lands of John and William Russell, minors, sons of John Russell deceased, on the West side of the North West branch of Cape Fear River, near the mouth of Cross Creek, by the name of Campbelton, and other purposes. Also the Bill to encourage the further settlement of this Province.

Ordered he have leave accordingly.

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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 Campbell and Mr Gibson.

The House being informed by Mr Macknight that Mr Thomas Person, one of the members of this House, has been charged with extortion, usury, and exacting illegal fees, and under colour of his office unduly oppressing the people, and also having been frequently charged with perjury, of which if he has been guilty, he is unworthy of a seat in this House.

Resolved, that Messrs Mau. Moore, Lock, Rutherford, Haywood, Robinson, Pickett, Hewes, Montfort, Ormond, Thos Relfe, Wm Relfe, Johnston, Dunscomb, Husband, Pryor, McSwain, Alexander, Polk, Person, Lewis, Edmunds, Evans, Stewart, Nash, Alston, Dickson, Gray, Thomson, Sheppard, Smith, Lane, Bonner, Hare, Dunn, Gibson, John Campbell, Christopher Neale, Wm Moore, Woodhouse, Merchant, McKnight, White, Jarvis, McRee, Blount, Thos Neill, Cray, Ward, Howe, Davis, Harvey, Knox, Mackilwean, McKinnie, Vail, James Blount, Gibbs, Edmunds, Eaton, Ferquard Campbell, Brownrigg, Slade, Latham, Jones, Herring, Lockhart, Hare, and Wynns be appointed a Committee to examine into the said facts, and report their opinion to the House; and that they have power to send for persons, papers and records by warrant from the Chamber of the Committee.

Mr Harnett moved for leave to bring in a Bill to amend an Act Intitled an Act for appointing Sheriffs and directing their duty in Office.

Ordered he have leave accordingly.

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

Mr Montfort moved for leave to bring in a Bill for altering certain Districts of the Superior Courts of this Province and for establishing a Superior Court at Campbelton, in Cumberland County.

Ordered he have leave accordingly.

Mr Montfort 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 Ferquard Campbell and Mr Gibson.

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Mr Harnett moved for leave to present a Bill to encourage the further settlement of this province.

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 Ferqd Campbell and Mr Gibson.

Then the House adjourned till tomorrow morning 10 oClock.


Wednesday December 19th 1770.>December 19th 1770.

The House met according to adjournment.

Mr Ferquard Campbell presented a certificate from the County [Court] of Cumberland County therein recommending Richard Trading and Henry Atkinson to be exempt from the payment of Taxes. Ordered they be exempt accordingly.

On motion ordered the Bill for the relief of such persons who have or may suffer by the loss of the Records in Bladen County, and other purposes, be read a second time, Read the same the second time, passed and ordered to be sent to the Council.

Sent by Mr Harvey and Mr Gibbs.

Mr McRee moved for leave to present a Bill to prevent hunting for or killing Deer in the manner therein mentioned, and other purposes.

Ordered he have leave accordingly.

Mr McRee 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 Gibbs.

Mr Thomas Hadley the member for the Town of Campbelton appeared.

Mr McKinnie moved for leave to present a Bill to suppress excessive and deceitful gaming.

Ordered he have leave accordingly.

Mr McKinnie 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 Gibbs.

Mr Fanning presented the petition of the Inhabitants of Orange, therein praying that the southern part of the said County be erected into a new and distinct County by the name of —— County and

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—— Parish, which was read. Then on motion Ordered that Mr Fanning have [leave] to prepare and bring in a Bill pursuant to the prayer of the said petition.

This House being informed that Mr Samuel Dunscombe one of the members for Chowan County is dead, On motion ordered His Excellency the Governor be addressed to direct the Clerk of the Crown to issue a Writ for Electing a Member for the said County to sit and vote in this present Assembly, in the room and stead of the said Samuel Dunscombe.

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

To His Excellency William Tryon Esquire, Captain General, Governor &ca,

Sir,

This House being informed that Mr Samuel Dunscombe one of the members for Chowan County is dead, therefore desire your Excellency will be pleased to direct the Clerk of the Crown to issue a Writ for Electing a Member for the said County of Chowan to sit and vote in this present Assembly.

Rd CASWELL, Sp.

Received from the Council the following Bills, to wit,

The Bill in addition to an Act Intitled an Act concerning servants and slaves.

A Bill for the more easy and speedy recovery of small debts, and other purposes.

The Bill to amend an Act Intitled an Act for appointing Sheriffs and directing their duty in Office.

The Bill to encourage the further settlement of this Province.

The Bill for altering certain districts of the Superior Courts of this Province, and for establishing a Superior Court at Campbelton in Cumberland County. In the upper House read the first time and passed.

The Bill to impower the Church Wardens and Vestrymen of the Parish of St Gabriels in the County of Duplin, to sell the glebe in the said County and Parish.

The Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore appointed by Law, In the upper House read the second time and passed.

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The Honble William Dry and Samuel Cornell Esqrs two of the members of the Council came to the House, and Mr Thomas Hardy, the member for Campbelton appeared and was qualified by taking the oaths by Law appointed for the qualification of public officers and repeating and subscribing the test.

On motion ordered that Messrs Benjamin Person, Maurice Moore, Jacob Blount, McKnight, Harnett, Fanning and John Campbell be a Committee to take examinations of all such persons who shall be convened before them.

On motion ordered the Bill for erecting part of Rowan County and part of Orange County into a separate County and Parish by the name of Chatham County and Unity Parish and other purposes be read the second time, Read the same a second time, amended passed and ordered to be sent to the Council.

Sent by Mr Husband and Mr Lock.

Mr Howe from the Committee to prepare and bring in a Bill, for granting to His Majesty the sum of —— Thousand pounds proclamation money, to be imposed, levied and applied in manner to the purposes herein after mentioned reported that the Committee had prepared the same, and moved for leave to present it.

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.

Then on motion, Ordered, the said Bill lie on the Table for further consideration.

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

Mr. Speaker and Gentlemen of the House of Assembly

I am to request you will exempt Mr Joseph Fulford, now upwards of eighty years from the payment of Public, Parochial, and County Taxes; he has been a resident in the Province since the year 1705, near twenty years before the Indians were last drove from Cape Fear River; served seven years in the War against the Indians between the years 1709 and 1719, and is at the present time incapable of Labour; all which circumstances make him an object of your indulgence. He is now an Inhabitant of Carteret.

Wm. TRYON.

On motion Resolved that the said Joseph Fulford be exempt accordingly.

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Mr Speaker and Gentlemen of the House of Assembly,

I recd your message of this morning, acquainting me of the death of Mr Dunscombe one of the members for Chowan, and desiring a Writ of Election might issue for choosing another person in his stead. In consequence of which I have ordered a Writ of Election to issue for that purpose.

Wm. TRYON.

Then the House adjourned till 10 oClock tomorrow morning.


Thursday 20th December 1770.

The House met according to adjournment.

Mr Rutherford presented a petition from sundry of the Inhabitants of Rowan County, therein praying a division of the said County may be made.

On motion ordered, he have leave to prepare and bring in a Bill pursuant to the prayer of the said Petition.

Mr Rutherford presented the Petition of sundry of the Inhabitants of Rowan County, therein praying a public ferry may be established across the Yadkin River at the plantation of James Smith.

Ordered Mr Rutherford have leave to prepare and bring in a Bill pursuant to the prayer of the said petition.

On motion ordered the Bill to enlarge the time for Sheriffs to settle their accounts with the Justices of the Inferior Court of pleas and quarter sessions of the Counties therein mentioned be read the second time, Read the same the second time, and ordered to be referred to Messrs Mau. Moore, Harnett, Fanning, Christopher Neale and Benjamin Person, to prepare Amendments, and report the same to the House.

On motion Resolved that the House Resolve itself into a Committee of the whole House, to take into consideration the conduct and behaviour of Herman Husband, both as a member of this House in particular, and a Member of this community in general. The House Resolved itself into a Committee accordingly and chose Mr John Campbell Chairman, who being placed in the Chair and some time spent, the Committee came to several Resolutions which Mr Chairman was directed to report to the House; and then on Motion Mr Speaker resumed the Chair, and Mr. Chairman reported as follows, to wit,

Resolved that it appears to this Committee that Herman Husband a Member of the Committee is one of the people who denominate

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themselves Regulators, and that he hath been a principal mover and promoter of the late riots and seditions in the County of Orange, and other parts of the Province.

Resolved, That it appears to this Committee that a letter published in the North Carolina Gazette of the 14th of December, directed to the Honble Maurice Moore Esquire at New Bern and signed by James Hunter is a false, seditious and Malicious Libel.

Resolved, that it appears to this Committee that the above named Herman Husband was the publisher of the said Libel.

Resolved, that it appears to this Committee that the said Herman Husband was guilty of gross prevarication and falsehood on his examination before the Committee of Propositions and Grievances relative to the said Libel.

Resolved that it appears to this Committee, that the said Herman Husband hath insinuated in conversation, that in case he should be confined by order of the House, he expected down a number of people to release him.

Resolved that it is the opinion of this Committee that such an insinuation is a daring insult offered to this House and tending to intimidate the Members from a due discharge of their duty.

Then the question being put the said several Resolutions were agreed to by the House.

Resolved that the conduct of the said Herman Husband both as a Member of this House in particular, and of the Community in general, has justly incurred the contempt of this House, and rendered him unworthy of a seat in the Assembly.

Resolved that the said Herman Husband be immediately expelled from this House.

Ordered the said Herman Husband appear at the Bar of the House, and that Mr Speaker pronounce the said sentence. Whereupon the said Herman Husband appeared at the Bar of the House, and Mr Speaker pronounced the said sentence accordingly.

Resolved that these Resolution be printed in the public Gazette.

On motion ordered that Messrs. Smith, Alston, and Knox have leave to absent themselves from the service of the House.

The order of the Day being read, Resolved, the Consideration of His Excellencys Message with the papers therein referred to, be deferred till tomorrow morning.

Recd from the Council the Bill for suppressing excessive and deceitful gaming. Endorsed.

Then the House adjourned till tomorrow morning 10 oClock.

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Friday December 21st 1770

The House met according to adjournment

The order of the day being read, Resolved the consideration of His Excellencys Message with the [matters] therein referred to, be deferred till Wednesday next.

Recd from the Council the following Bills, to wit,

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

The Bill to prevent hunting for and killing Deer in the manner therein mentioned and other purposes.

The Bill for erecting part of Johnston, Cumberland and Orange counties into a separate and distinct County by the name of —— County and —— Parish and other purposes.

The Bill to erect part of the counties of Halifax and Tyrrell into a County and Parish.

The Bill for erecting the northern part of Orange County into a separate County and Parish by the name of —— County and —— Parish.

The Bill for appointing and impowering Mr Wm. Moore of Tryon County to collect and receive the taxes which were due from the Inhabitants of the said County for the year 1768, and other purposes.

The Bill to amend an Act Intitled an Act for establishing a Town on the Lands of John and William Russell, minors, sons of John Russell deceased, on the West side the North West branch of Cape Fear River near the mouth of Cross Creek by the name of Campbelton, and other purposes, In the Upper House, read the first time and passed.

Also the Bill for the relief of such persons who have or may suffer by the loss of the Records, in Bladen County, and other purposes, In the upper House, read the second time, amended and passed.

On motion ordered Mr Slade, Mr Mackilwean and Mr McKinnie absent themselves from the service of the House.

Mr Knox moved for leave to bring in a Bill to amend an Act Intitled an Act for appointing a militia.

Ordered he have leave accordingly.

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

On motion ordered the Bill to impower the Church wardens and Vestrymen of Saint Gabriels in the County of Duplin to sell the

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glebe in the said County and Parish be read the third time, Read the same a third time, passed and ordered to be sent to the Council.

Sent the above two Bills by Mr Dickson and Mr Stewart.

Ordered that the Committee appointed to enquire into several allegations made against Mr Thomas Person, a member of this House, do sit on the said enquiry: and that Mr Thomas Handley be added thereto.

Then the House adjourned till 3 oClock in the afternoon

P. M. The House met according to adjournment.

Mr Nash moved for leave to bring in a Bill to dock the intail of certain Lands, whereof Richard Graves is seized &ca.

Ordered he have leave accordingly.

On motion ordered Mr Ferquard Campbell have leave to absent himself from the service of the House till Wednesday next. Also that Mr Dickson have leave to absent himself from the service of the House till Monday next.

Then the House adjourned till tomorrow morning 10 oClock.


Saturday December 22d 1770.

The House met according to adjournment.

On motion of Mr Howe, Resolved that in case the Insurgents should be insolent and desperate enough to make any attempt against the honor and dignity of Government or the peace and safety of the community that this House will, to the utmost of their power support His Excellency in any measures he shall think necessary to take on such important occasion.

On motion Resolved that the following message be sent to His Excellency,

To His Excellency William Tryon, Esquire, Captain, General,

Governor, &ca,

Sir,

This House determined to support the Honor and dignity of Government and the peace and safety of the community have entered into a Resolution a copy of which they herewith send your Excellency.

Rd CASWELL, Sp.

Mr Fanning moved for leave to bring in a Bill for erecting the

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southern part of Orange County into a separate County and Parish by the name of —— County and —— Parish.

Ordered he have leave accordingly.

Mr Fanning 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 Gibson and Mr Rutherford.

Mr Fanning moved for leave to present a Bill for impowering dissenting Ministers regularly called to any Congregation to solemnize the rites of Marriage under certain restrictions therein mentioned.

Ordered he have leave accordingly.

Mr Fanning 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 Gibbs and Mr Rutherford.

On motion ordered that Mr Wyriot Ormond, Mr Thomson and Mr McSwain have leave to absent themselves a few days.

Then the House adjourned till 10oClock Monday Morning.


Monday December 24th 1770

The House met according to adjournment.

Recd from the Council the Bill to impower the Church Wardens and Vestrymen of the Parish of St. Gabriels in the County of Duplin, to sell the Glebe in the said Parish and County, In the upper House, read the third time and passed. Ordered to be engrossed.

Recd from his Excellency the Governor the following message,

Mr Speaker and Gentlemen of the House of Assembly,

Accept the tribute of my grateful thanks for the many honorable Testimonies you give me in your message and Resolve of Saturday last to support the honor and dignity of Government, and the peace and safety of the community as well as for the high trust and confidence, with which you at the same time honour me. You may depend I shall exert my best endeavours on this important occasion, and take such necessary measures as I think will approach nearest the spirit of your Resolve.

Wm. TRYON.

Mr John Campbell moved for leave to present a Bill to prevent the importation of unmerchantable commodities.

Ordered he have leave accordingly.

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

Sent by Mr Gibson and Mr Rutherford.

Mr Nash according to order presented the Bill to dock the entail of certain lands therein named, and vesting the same in Deborah Smith in, fee simple; 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 Gibson and Mr Rutherford.

On motion ordered the Bill Intitled an additional Bill to an Act Intitled an Act concerning servants and slaves be read the second time, Read the same a second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Wm Relfe and Mr Jarvis.

Also the Bill to encourage the further settlement 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 Relfe and Mr Jarvis.

On motion ordered the Bill for the more easy and speedy recovery of small debts and other purposes be read the second time, Read the same the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Neale and Mr Wynns.

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

Then the House adjourned till 10 oClock tomorrow morning.


Tuesday December 25th 1770.

The House met according to adjournment

Then the House adjourned till 10oClock tommorrow morning


Wednesday 26th December 1770

The House met according to adjournment.

Mr Sugg presented sundry certificates from the Court of Edgecombe County, therein recommending David Scarbrough, Stephen Bachelor, Junr, John Stringer and Aaron Johnston to be exempt from the payment of public Taxes and doing public duties, Ordered they be exempt accordingly.

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On motion the Bill for the relief of such persons who have or may suffer by the loss of the records in Bladen County and other purposes be read the third time, Read the same a third time passed and sent to the Council by Mr Hadley and Mr Gibson.

On motion ordered the Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time heretofore by Law appointed be read the third time, Read the same a third time passed and ordered to be sent to the Council.

Sent by Mr Gibson and Mr Hadley.

On motion ordered the Bill to amend an Act Intitled an Act for establishing a Town on the Land of John and William Russell minors, sons of John Russell, deceased, on the West side of the North West branch of Cape Fear River, near the mouth of Cross Creek by the name of Campbelton and other purposes be read the second time, Read the same a second time passed and ordered to be sent to the Council.

Sent by Mr Gibson and Mr Hadley.

On motion ordered the Bill to suppress excessive and deceitful gaming be read the second time, Read the same the second time amended, passed and ordered to be sent to the Council.

Sent by Mr Gibson and Mr Hadley.

On motion ordered the Bill for appointing and impowering William Moore of Tryon County to collect and receive the Taxes which were due from the Inhabitants of the said county for the [year] 1768 and other purposes, be read the second time, Read the same the second time amended passed, and ordered to be sent to the Council.

Sent by Mr Moore and Mr Neale.

On motion ordered the Bill to amend an Act Intitled an Act for appointing Sheriffs and directing their duty in office be read the second time, Read the same the second time passed, and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Gray.

Recd from the Council the Bill to prevent the exportation of unmerchantable commodities, Endorsed, In the upper House, Dec. 26th 1770, read the first time, amended and passed.

On motion ordered the Bill for erecting part of Johnston, Cumberland and Orange Counties into a separate and distinct County, by the name of Wake County and St Margaret's Parish, and other

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

Sent by Mr Dunn and Mr Gray.

Mr Fanning from the Committee appointed to prepare and bring in a Bill to Establish Inferiour 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 Dunn and Mr Gray.

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

Sent by Mr Dunn and Mr Gray.

On motion ordered the Bill for erecting the northern part of Orange County into a separate County and Parish by the name of Norbury County and Trinity Parish be read the second time. Read the same a second time amended passed and ordered to be sent to the Council.

Sent by Mr Pryor and Mr Lewis.

Recd from the Council the following Bills, Vizt

The Bill to suppress excessive and deceitful Gaming.

The Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the Taxes which were due from the Inhabitants of the said County for the year 1768, Endorsed, In the upper House 26th December 1770. Read the second time amended and passed,

Also the Bill for the relief of such persons who have or may suffer by their deeds and mesne conveyances not being proved and registered within the time appointed by Law. In the upper House read the third time, passed and ordered to be engrossed,

Also the following Message, Vizt

Mr. Speaker and Gentlemen of the Assembly,

On reading the third time the Bill for the relief of such persons who have or may suffer by the loss of the records in Bladen County and other purposes, We observe you have inserted a clause relative to the Election of Vestrymen in the said County which is foreign to the Title of the said Bill, We propose to amend the title of said bill by deleing “and other purposes” and inserting

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instead thereof the words following Vizt, “and for the Election of Vestrymen for the Parish of St Martins.” If your House agree to this amendment please send two of your members to see the same made. In the upper House December 26th 1770.

Ordered the following Message be sent to the Council.

Gentlemen of His Majesty's Honble Council

In answer to your Message of this day relative to the Bill for the relief of such persons who have or may suffer by the loss of the Records in Bladen County and other purposes, We agree to the alteration you propose and send Mr Christopher Neale and Mr McRee two of the members of this House, to see the same made.

R. CASWELL, Sp.

The order of the day being read, Resolved, that the consideration of His Excellencys Message with the papers therein referred, be deferred till tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.


Thursday December 27th 1770.

The House met according to adjournment.

Mr McRee presented the petition of sundry inhabitants of Bladen County, therein praying a Town may be laid out on the Lands of Isaac Jones Esqr in said County.

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

Sent by Mr C. Neale and Mr McRee.

Mr Christopher Neale moved for leave to present a Bill to amend an Act Intitled an Act for appointing a Militia.

Ordered he have leave accordingly.

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

Sent by Mr C. Neale and Mr McRee.

On motion ordered that Messrs Polk, Nash, Fanning, Dunn, Evans, Rutherford and Thomas Neill, be a Committee to prepare and bring in a Bill to establish a public Seminary in the Western part of this Province.

Mr Harnett moved for leave to present a Bill to appoint Commissioners

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for finishing the Church in Wilmington in the room and stead of John DuBois and George Wakely Esqrs, deceased.

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 Gibson and Mr Dickson.

Mr Harnett moved for leave to present a Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington.

Ordered he have leave accordingly.

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

Sent by Mr Gibson and Mr Dickson.

Recd from the Council the following Bills, Vizt,

The Bill to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

The Bill for establishing a Town on the Land of Isaac Jones on the South West side of the North West Branch of Cape fear River, in Bladen County, In the upper House read the first time and passed.

The order of the day being read, Resolved His Excellency's Message and the papers therein referred to, be referred to the Committee of Propositions and Grievances.

Mr Howe moved for leave to bring in a Bill for vesting the school house in Edenton in Trustees.

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.

On motion ordered the Bill for altering certain districts of the Superior Courts in this Province and for establishing a Superior Court at Campbelton in Cumberland County be read the second time, Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Campbell and Mr Lane.

On motion ordered the Bill for hunting and killing deer in the manner therein mentioned and other purposes be read the second time. Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Campbell and Mr Lane.

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Recd from the Council the following Bills, Vizt

The Bill to amend an Act Intitled an Act for establishing a Town on the Lands of John and William Russell, Minors, sons of John Russell deceased, on the West side of the North West branch of Cape Fear river near the mouth of Cross Creek by the name of Campbelton.

The Bill to appoint commissioners for finishing the Church in Wilmington in the room and stead of John DuBois and George Wakeley Esqrs deceased.

The Bill for further continuing an Act Intitled an Act for appointing a printer to this Province, In the upper House read the second time & passed.

On motion ordered the Bill to suppress excessive and deceitful gaming be read the third time. Read the same the third time and rejected.

Recd from the Council the Bill to amend an Act Intitled an Act for the regulation of the Town of Wilmington, In the upper House read the first time and passed.

Mr Macknight moved for leave to bring in an additional and explanatory Bill to an Act Intitled an Act for regulating the several officers fees within this Province, and ascertaining the method of paying the same.

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 Dunn and Mr Rutherford.

Mr Dunn moved for leave to present a Bill for the regulation of the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town and other purposes.

Ordered he have leave accordingly.

Mr Dunn 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 Dunn and Mr Rutherford.

Then the House adjourned till tomorrow morning 10 oClock.


Friday December 28th 1770.

The House met according to adjournment.

On motion ordered the Bill for further continuing an Act Intitled an Act for appointing a printer to this Province be read the third

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

Sent by Mr Mr Dunn and Mr Rutherford.

On motion ordered the Bill for establishing a Town on the Land of Isaac Jones on the South West side of the North West branch of Cape Fear River in Bladen County be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Rutherford.

On motion ordered the Bill to encourage the further settlement of this Province, be read the third time. Read the same the third time, passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Rutherford.

On motion ordered the Bill for appointing and impowering Mr William Moore of Tryon County to collect and receive the Taxes which were due from the Inhabitants of the said County for the year 1768, be read the third time. Read the same the third time passed and ordered to be sent to the Council.

Sent by Mr Dunn and Mr Rutherford.

Recd from the Council the following Bills, to wit,

The Bill to amend an Act Intitled an Act for appointing Sheriffs, and directing their duty in office.

The Bill for erecting part of Johnston Cumberland, and Orange Counties, into a separate and distinct County, by the name of Wake County and St Margarets Parish.

The Bill for altering certain districts of the Superior Court in this Province and for establishing a Superior Court at Campbelton in Cumberland County, In the upper House read the second time amended and passed.

On motion ordered the consideration of the Bill for granting to his Majesty the sum of —— Thousand pounds proc. money, to be imposed, levied and applied, in manner and to the purposes herein after mentioned, be resumed, and that the same be read. Read the same the first time passed and ordered to be sent to the Council.

Sent by Mr Eaton and Mr Brownrigg.

On motion ordered the Bill for the exportation of unmerchantable commodities be read the second time. Read the same the second time amended passed and ordered to be sent to the Council.

Sent by Mr Thos Relfe and Mr Woodhouse.

Received from the Council the following Bills to wit,

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The additional and explanatory Bill to an Act Intitled an Act for regulating the several officers fees within this province and ascertaining the method of paying the same.

The Bill for vesting the school House in Edenton in Trustees.

The Bill for regulating the Town of Salisbury, securing the Inhabitants in their possessions and to encourage the settlement of the said Town, In the upper House read the first time and passed.

The Bill to prevent hunting for and killing deer in the manner therein mentioned, In the upper House read the second time and passed.

The Bill for an addition to and amendment of an Act Intitled an Act for appointing a Militia, In the upper House read the second time amended and passed.

The Bill for establishing a Town on the Land of Isaac Jones on the South West side of the North West branch of Cape Fear River in Bladen County, In the upper House read the second time and passed.

The Bill to impower dissenting ministers regularly called to any congregation, to solemnize the rites of marriage under certain restrictions therein mentioned.

The Bill for granting to His Majesty the sum of —— Thousand pounds proc. money to be imposed levied and applied in manner and to the purposes herein after mentioned, In the upper House read the first time and passed.

The Bill to encourage the further settlement of this Province, In the upper House read the third time and passed. Ordered to be engrossed.

Mr C. Neale moved for leave to present a Bill for the restraint of vagrants and for making provisions for the poor.

Ordered he have leave accordingly.

Mr C. Neale 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 C. Neale and Mr Rutherford.

Mr Rutherford from the Committee to prepare and bring in a Bill to ascertain what fences are sufficient, 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 C. Neale and Mr Rutherford.

Mr Rutherford moved for leave to present a Bill to establish a

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public ferry across the Yadkin River at the plantation of James Smith in Rowan County.

Ordered he have leave accordingly.

Mr Rutherford 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 C. Neale and Mr Rutherford.

On motion ordered the Bill for establishing a ferry from Bath Town to the plantation of Thomas Bonner on Derham Creek, and from the plantation of Thomas Bonner on Derham Creek to Bath Town be read the second time. Read the same the second time and rejected.

Recd from the Council the following Bills, to wit,

The Bill to establish a public inspector of Tobacco in the County of Johnston, In the upper House read the second time and passed.

The Bill for the relief of such persons who have or may suffer by the loss of the Records in Bladen County and for the election of vestrymen for the said Parish of St Martins, In the upper House read the third time and passed. Ordered to be engrossed.

On motion ordered the additional and explanatory Bill to an Act Intitled an Act for regulating the several officers fees within this Province and ascertaining the method of paying the same be read the second time. Read the same the second time and on motion ordered the sail Bill be committed to a committee of the whole House.

Then the House adjourned to 10 oClock tomorrow morning.


Saturday December 29th 1770.

The House met according to adjournment.

On motion ordered, the Bill to establish a public inspection of Tobacco in the County of Johnston be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lane and Mr McRee.

On motion ordered the Bill for establishing a Town on the Lands of Isaac Jones on the South West side of the North West branch of Cape Fear River in Bladen County, be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lane and Mr McRee.

On motion ordered the Bill for vesting the school house in Edenton

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in Trustees, be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Lane and Mr McRee.

Mr Neill moved for leave to present a Bill for appointing Commissioners for erecting and building a Court House, prison and stocks for the County of Tryon.

Ordered he have leave accordingly.

Mr Neill 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 Lane and Mr McRee.

The order of the day being read, the House resolved itself into a Committee of the whole House to take under consideration the said Bill, and chose Mr Joseph Hewes Chairman who being placed in the Chair accordingly; and after some time spent, the Committee came to several resolutions, but not having time to put them, Mr Chairman was directed to report to the House that the Committee desire leave to sit again on Monday next.

Then on motion Mr Speaker resumed the Chair, and Mr Chairman reported the Resolutions of the Committee.

Ordered the said Committee have leave to sit again on Monday next.

Mr Edmundson Samuel Smithwick, one of the members for Tyrril County, appeared.

Then the House adjourned till Monday morning 10 oClock.


Monday December 31st 1770.

The House met according to adjournment.

On motion ordered, the Bill to impower dissenting Ministers regularly called to any Congregation to solemnize the rites of Marriage under certain restrictions therein mentioned be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

Sent by Mr Thomson and Mr Slade.

On motion ordered the Bill for the regulation of the Town of Salisbury securing the Inhabitants in their possessions and to encourage the settlement of the said Town be read the second time. Read the same the second time, amended, passed and ordered to be sent to the Council.

On motion ordered the Bill to prevent the exportation of unmerchantable commodities be read the third time. Read the same the third time, amended, passed and ordered to be sent to the Council.

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Sent by Mr Ward and Mr White.

Mr Polk moved for leave to present a Bill for levying executions and the disposal of lands, goods and chattles taken therein.

Ordered he have leave accordingly.

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

Sent by Mr Ward and Mr White.

Recd from the Council the following Bills, towit,

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

The Bill for the restraint of vagrants and for making provision for the poor, In the upper House read the first time and passed.

The Bill for the regulation of the Town of Salisbury securing the inhabitants in their possessions and to encourage the further settlement of the said Town, In the upper House read the second time amended and passed.

The Bill to establish a public Ferry across the Yadkin River at the plantation of James Smith in Rowan County, In the upper House read the first time and passed.

The Bill for the more easy and speedy recovery of small debts, In the upper House read the second time amended and passed.

The Bill to establish a public inspector of Tobacco in the County of Johnston, In the upper House read the third time passed and Ordered to be engrossed.

On motion ordered the Bill for the restraint of vagrants and making provision for the poor be read the second time. Read the same the second time, amended passed and ordered to be sent to the Council.

Sent by Mr Hewes and Mr Macknight.

On motion ordered the Bill for altering certain districts of the Superior Courts of this Province, and for establishing a Superior Court at Campbelton in Cumberland County, be read the third time. Read the same the third time and rejected.

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

Mr Speaker and Gentlemen of the House of Assembly,

Reports prevailing that the Regulators are Assembling themselves in the neighbourhood of Cross Creek, with a large quantity of provisions, and a number of waggons in order to march down to

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this Town; and whereas several expences are already incurred and others becoming daily necessary, for the support of the Constitution, I am to apply to you for a vote of credit, that I may be enabled, in virtue of the spirit of your Resolve to maintain the Honor and dignity of Government, and to make provision for the preservation of the peace of the Country.

Wm. TRYON.

December 31st 1770.

On motion Resolved that His Excellency the Governor be and is hereby impowered to draw on the Treasurers or either of them for a sum not exceeding £500 proclamation money which they are directed to pay out of any monies they may have in their hands, and which his Excellency is requested to apply towards the payment of any necessary expences he has been or may be at in counteracting the wicked designs of the insurgents.

Ordered the following Message be sent to the Council,

Gentlemen of His Majestys Honble Council,

This House have resolved that His Excellency the Governor be impowered to draw on the Treasurers or either of them for a sum not exceeding £500 Which they are desired to pay out of any monies they may have in their hands, and which his Excellency is requested to apply towards the payment of any necessary expences he has been, or may be at in counteracting the wicked designs of the Insurgents, a copy of which we herewith send, and desire your Honors Concurrence thereto.

R. CASWELL, Sp.

Mr John Skinner one of the Members of Perquimans County appeared.

Then the House adjourned till 5 oClock in the afternoon.

The House met according to adjournment.

Recd from the Council the Bill to prevent the exportation of unmerchantable commodities, In the upper House read the third time and passed and Ordered to be Engrossed.

The order of the day being read, Resolved the Committee have leave to sit tomorrow.

Then the House adjourned till tomorrow morning 10 oClock.

[For Journals of succeeding days of the Session see A. D. 1771.]