The colonial records of North Carolina

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THE

COLONIAL RECORDS

OF

NORTH CAROLINA

PUBLISHED UNDKR THE SUrEB-yiSlON OF THE TRUS-

TEF:S of THE PUBLIC LIBRARIES, BY ORDER

OF THE GENERAL ASSEMBLY

COLLECTED ANU EDITED

BT

WILLIAM L. SAUNDERS

SKCRKTARY OF STATE

VOL III-172S TO 1734

RALEIGH
P. M. HALE, PRINTER TO THE STATE

1886

Copyrijfht, 1886, by wiAiam L/S/umiEiw, SecreUr> of 8UU',
for the benetit of the State of North Cmrolloa.

PEMBBR OF r. M. T'ZZELL,
RALEIGH, V. C.

PREFATORY NOTES TO THIRD VOLUME.

The third volume covers the period from the surrender of the Ijords
Proprietors to the end of Burrington's administration as Royal Governor,
almost six years in duration.

For more than two years of this period Sir Richard Everard was
(lovernor, being allowed by the Crown to hold over until his successor
under the new r^inie was ready to enter upon the discharge of his duties.
During this time the Legislature met only once, in Noveml)er, 1729, and
enacted a number of laws, the originals of which, with all the endorse-
ments thereon, are now preserved in the office of the Secretary of State
in Raleigh. The validity of these laws being calle<l in question, as it was
recited in the enacting clauses that they were passeil by authority of the
Fiords Proprietors, the matter was referred to the Attorney-Cienend and
Solicitor-General of the Crown, and they declared them to be null and
void. In spite of this, however, they were regularly brought forward a*?
valid in all of our Revisals.

On the 2oth Fel>ruary, 1731, Burrington, who had just arrived in the
colony, took the oaths of office as (iovernor l)efore the Council, assembled
in Edentou, and his administration terminated on the 12th November,
1734, when in the same town he receive<l a proclamation announcing that
his successor, Gabriel Johnston, had arrived at Cai)e Fejir and qualified
according to law. His first liCgislature met on 13th April, 1731, the
second on 3d July, 1733, and the third and last on the oth November,
1734.

Historians have fallen into grave errors in regard to Governor Bur-
rington. The minutes of the last meeting of the Council held before
Governor Johnston's arrival, so far as now appears, record the fact that
on the 15th April, 1734, Nathaniel Rice being the oldest (.Councillor, took
upon him the administration of the government in consefpience of the

IV PREFATORY NOTES.

departure of Governor Burrington from the province, and upon this testi-
monv alone it would seem the historians have assumed that he left America
as well and returned to England. They go on to state, also, but upon
what evidence is not known, that he ended his life in a drunken brawl in
the Bird-cage walk in St. James's Park in Ix)ndon, and the impression is
created that his disgraceful death occurred soon after his return to Ix)n-
don. The statement is certainly untrue in several material points. For
example, instead of leaving America, ho was in North Carotina and on
dutv as (lovernor on 1st June, 17»i4, and from that date until 12th No-
vember following, when he and the I^egislature then in session received
notice of Governor Johnston's arrival. Precisely when he returned to
England does not api)ear, but from an entry in the Journal of the Board
of Trade, it appears he was there on the 10th June, 1735. Other entries
and letters show that he was in frequent communication with the Board
from that time until December, 1736, after which date no reference is
made to him by the Boanl.

Reliable evidence concerning him, however, is to be found in a manu-
script volume of reconls in the office of the Secretary of State at Raleigh,
in the shape of a copy of his last will and testament and of the probate,
from which it ap|)ears that the will was made <m the 8th December, 1750,
and that administration with the will annexeil was granted on 23d March,
1759. As the record states that the sole executor named in the will dieil
before the testator, and does not state that the administration was de bonin
non, the inference is that Burrington on the 23d March, 1759, had been
dead but a short while. If, therefore, his statement made in 1732, that he
hald " served the Crown in every reign since tlie alxlication of King James "
was true, he must have l)een a very ol<l man at the time of his death,
somewhere near eighty years old, a fact that does not seem consistent
either with a drunken life or a violent death in even an oc»isional mid-
night orgy away from home.

Bnrrington's administration as Royal (iovernor was a stormy one in
spite of the bright auspices under which it Ix^gan. \Velcome<l with oiK*n
arms and the greatest demonstrations of joy on his arrival, ninety days

PREFATORY NOTES.

had not elaps^eJ befoi'e he was iu open cxjllision, not only with the I^ower
House of Assembly, representing the people, but with the Chief-Justice,
the Attorney-General, the Judge of the Court of Admiralty, the Secre-
tary of the Province and the members of the Council or Upper Honw*,
all of whom were appointees and representatives of the Crown.

The Chief-Justice he declared to be an ungrateful, perfidious scoundrel
and an egregious sot, whose father was a smuggler and whose mother was
a woman of a poor, mean family ; the Attorney-General, he said, did not
know law enough to be clerk to a Justice of the Peace, and was besides
a man of innumerable villanies; the Secretary of the Province made it
his whole business to create mischief, and attended neither the Council
nor his office, and finally sought to murder him; the Judge of the Court
of Admiralty was an infamous character: another member of the Conn-
cil was an ungrateful villain, and still another was a disgrace to it. Nor
was he less sparing in liiH denunciation of the Lower House of Assembly.

In some of his many quarrels the issues involved wci*e of a purely per-
sonal character, in others they grew out of differences of opinion as to
matters of public policy, but whatever the cause every difference with
him resulted in a quarrel. He couhl tolerate no opinion that was not in
acconl with his own and deemed every one a |)ersonal enemy, if not a
villain, who differed with him.

The result of it all was that the Assembly would, as he wrote to the
Bfjard of Trade, " never pass one of the acts retjuired or recommende<l in
the King's Instruction nor of his proposing."

The mode of disposing of vacant lands, the powers of the Associate
Justices of the Supreme (^ourt, the regulation of fees of public officers,
the provisions proper to a bill for a rent-roll for the Crown, the right to
appoint clerks to the Assembly, to appoint the Public Treasurer, to create
new precincts or counties with right of representation in the Lower House
of Assembly, and to fix the rate of exchange, were all causes of serious <lif-
ference and quarrel at one time or another within two years after his
administration began. The right to crciite new precincts or counties he
strenuously insisted belonged solely to him and the Council. The I^ower
House, on the contrary, quite as strenuously refuseil to admit members

VI . PREFATORY .NOTES.

claimiDg to represent precincts thus formed until they had also received
legislative sanction. To admit the right of the Governor and Council
thus to introduce new members at will into the Lower House, would be,
it was said, to put the whole government into the hands of the Grovernor
and Council and to strip the people of all authority and control.

In the matter of the rent-roll there were two points especially that
never failed to provoke trouble: 1. How the rents were to be paid:
whether in certain productions of the country, and if so, at what price
should they l)e rated, or in specie or currency, and if in currency, at
what rate of exchange. 2. Where the rents were to be paid : whether
on the land or at places to be named by the agent of the Crown. The
Governor insisted that these points should be settled in favor of the
Crown, while the Assembly insisted upon its right to settle them as might
be most conducive to the interests and convenience of the people. In
the matter of public officers' fees, also, there was a wide difference of
opinion, each side insisting u[>on its right to fix the currency in which
they should Ik' psiid and the nite of exchangt?, or value, at which it should
be taken.

Burrington was removecl from office by the Ijords Pniprietors, and
u[K)n the intimation that he would be sent back to the province by the
Crown, a ixiiKjr was prt^sented to the Boanl of Tmde entitled "The case
of (he inhabitants of North Carolina in res|)ect to Mr. George Burring-
ton's being reapj)ointeil their Governor," in whi(ih a most earnest protest
was made against his appointment, based mainly uiM)n the affidavits sup-
porting a petition for his removal as Proprietary Governor. These affi-
davits, if true, show him to have been violent and lawless, both in speech
and action, and given to excessive drink. The protest goes on to say, also,
that he had l)een heard to declare that if ever he got to North Carolina
as Governor again he would be the destruction of all those who aided in
his removal. This paper, it would seem, was prepared in London.

On the other hand, after his removal by the Proprietors, the Lower
House of the General Assembly, John Baptista Ashe being Speaker,
made a formal address to the I^rds Proprietors asking for his restora-

PREFATORY NOTES. vii

tion to the w)l<>it5' as its Governor, and <l(K!larinf]j him to have [yeen always
zealous for its welfare; on his return, too, to the colony as Royal Gov-
ernor, the first grand jury that met for the whole province drew up a
formal address to the CVown in which they lauded in the highest terms
Burringtou's mildness, his humanity and his tenderness to all sorts of
people, and his great impartiality in the adnlinistration of justice, and his
generous example in forgetting private differences. The first Legislature,
too, that met after his return to the colony presented an address to the
Crown declaring that as Proprietary Governor he had rendereil hi itself
very agreeable to the people by the great care he then shewed in his due
administration of justice and in promoting the welfare of the province,
and that his indefatigable industry and the hardships he underwent in
carrying on the settlement at Cape Fear deserved their thankful remem-
brance. This address was signed by Edward Moseley as Speaker. And
yet, in less than two weeks this kind-hearted, generous, mi Id -tempered
Governor was denouncing the Legislature in the strongest terms, com-
paring its members to thieves, and all because the Lower House of As-
sembly had passed and sent him the following resolutions:

" Whereas, By the Royal Charter gninted by King Charles the Second
to the Lords Proprietors of Carolina it is granted that the Inhabitants of
this Province shall have, possess and enjoy all Lilxirtys, Franchises and
Privileges as are held, possest and enjoyed in the Kingdom of England.
And Whereas it is the undoubteil Right and Privilege of the People of
England that they shall not be taxed or made lyable to pay any sum or
sums of Money or Fees other than such as are by law established. Not-
withstanding which it appears by complaint made in most parts of thi-<
Province that the OfBcei's in General do demand take and receive from
the Inhabitants and Masters of Vessells trading to this Province four
tiuHts more than the Fec^s ap|M)int(Ml by the Laws of this Provin<v to the
great Discouragement of the Trade of this Province and the 0|)pressiou
of the People

" Resolved, That this House do wait on the Governor with this com-
plaint and that the Council be desired to joyn with this House in request-
iog His Excellency tu issue a Prcxslamatiou declaring such practices to be

viii PREFATORY NOTES.

(X)ntrarv to I^aw and an (Oppression of tin* snbjwts and strictly forbid-
<linjr all officers to take larger Fees than is by litiw apix)inted under pre-
teucQ of difference of nionev until I such time as the officers' Fees shall
\ye regulated by authority of Assembly, this House now having the same
under consideration pursuant to His Majesty's Instructions."

Not content with abuse of its members, Burrington prorogued the leg-
islature from time to time, and finally dissolved it, so that there was not
another session for more than two years.

But the plan of governing without a Ijegislature by no means softened
the temper of either Governor or Ijegislature, for in the next Legislature
that met the committee appointed to draw up a reply to the Grovernor's
8j)eech at the opening declared the country to be laboring under oppression
and perversion of justice, and sjiecified as instances thereof that the Gov-
ernor made himself the arbiter in his own quarrels, that he used for(?e to
gain possession of goods he claimed from one |)erson, that he burnt the
house of another to gain possession of land he wanted; that when at-
tempts were made by due course of law to recrover satisfaction therefor from
him, the Chief-Justice and his assistants gave judgment that the psirty
injured by the Governor had no relief in their court, and, at the Governor's
instigation, sought to prevent him from seeking relief elsewhere by impris-
onment, excessive bail and refusing to read his petition wherein his griev-
ances were shown ; that |)ersons uj>on the least displeasure were called two
hundred miles awav to answer to trifles ; that fees were unaccouutablv mul-
tiplied in all erases; that people were turned out of their lands by those who
had no right to them; that none were |)ermitted to take up lands, though
they were ready to comply with the Royal Instructions, unless they paid
the Governor 2s. 6d. silver nionev for every fiftv a<nes, a demand warranted
neither by the laws of the province nor the Royal Instructions ; that five
jMMiple were taken up by magistrates and placnnl in a state of servitude littl(»
inferior to bondage?; that, in short, all the laws of the province were in a
manner disregarded!, all the courts of justice in a manner stopped, and that
iujustia?, oppression and arbitrary rule almost ovehran the whole province.

His reply, prompt and decided, came in the sha|)e of a j^eremptory
summons to the Assembly to attend him at oncv in the Council Chaml)er,

PREFATORY NOTES. ix

where he straightway dissolved them, telliug them that they had artfully
and falsely represented his administration as grievous and oppressive;
that certain people had "sought to pursue their own Malice and Envy
under the Umbrage of an Assembly"; that Burgessing had been for
some years a source of lies and occasion of disturbances; that although
he had oflFered to appoint d day for hearing charges against the Chief-
Justice, the Lower House of Assembly on a sudden heat, the day before,
had insolently presumed, by their Sergeant, to take him into custody for
a pretended contempt; that they had also taken into custody the Receiver
of the Powder Money for Roanoke Port, who had his orders not to make
up any account save before the Governor in Council; that they had
refused to obey the King\s instructions concerning the payment of Quit
Rents, and had denied they were due in any money save that of their
own making; that they had offered but three bills, one so inconsiderable
as not to be worth mentioning, and another that he had recommended to
them, so closed with clauses that they knew he could not assent to it;
that when he proposed to them to relieve British vessels from paying
jwwder money duty, they passed a bill exempting all vessels, and finally
that thev had refused to admit several members — the members from the
*o-called new precincts — legally ciiosen and returnee! by the proper officers,
thus denying the undoubtinl right of the King never before contested.

The next FiCgislature met on 6th Xovember, 1784, but before he had
time to raisf? an issue with it his administration came to an end.

But whatever may have lieen the opinion of others, in his own opinion,
Burrington was a man who deserved exceedingly well, both of the colony
and the Crown. He said he had *^ served the Crown in every reign since
the AUlication of King James and always was allowed to behave as a
man of Honour"; and that when he first c-anie to the colony he found
the inhabitants few and poor — in fact, that North Carolina was little
known or mentioned l)efore he was Governor for the Proprietors; that
he t(M>k all metheuls to induce people to ix)me from other countries to
settle there and put himself to very great charges in making new settle-
ments in several parts of the government, in which he succeeded accord-
ing to his ex[X3ctation ; that the Cape Fear settlement cost him a great

PREFATORY NOTES.

sura of money and infiDite trouble, that during his first winter there he
endured all the hardships that could happen to a man destitute of a house
to live in, a hundred miles from a neighbor, in a pathless eountr}', and
obliged to have all provisions brought by sea at great charges to support
the men there in his [>ay; that he took soundings in the inlets, bars and
rivers in the province four different times; that he discovered and made
known the channels of Cape Fear River and Beaufort or Topsail Inlet,
before unused and unknown ; that in his many journeyings by land and by
water he often ran the hazard of drowning and starving, and never
received any reward therefor save the thanks t)f two Assemblies in the
province, not even his salary for the time lie wa** Governor. The charac-
ter and value of his personal efforts for the development of the country,
however, do not depend upon his own testimony alone, for they were
formally acknowledged by the Assembly and by private individuals as
well. In an address to Governor Johnston, certain inhabitants of Bertie
and fxlgecombe precincts declared that no living man could have taken
more pains and endured more fatigue than Burrington did to ac(|uaint
himself with the province in general, as his many journeys on foot in the
backwoods would prove, sometimes accx>inpanied by one man only, pinched
with hunger, even in danger of perishing, having but one biscuit to live,
on for three days, sometimes nejirlv nakeil, two hundred miles from the
place he set out from, often carrying with him considerable sums <»f
money and dis|>osing of it to poor people to encourage them and enable
them to settle the backwotKls.

On his return to England, lie petitioiie<l the King for the payment of
the arrears of his stihiry and for n^-imbiirsenuMit for his ex|ienditun»s, in
having surveys and drafts made of the p(»rts and harbors, which surveys
and drafts were made under instructions from the King and sent to the
Board of Tnule. Had he stopped there he might possibly have gotten
his m<»ney, but the temptation to g<*t another flin^ at his enomies was
more than he could resist and he repeateil the old, oft-told story of his
grievances and disked that the <N)nduct of his adversiiries be examineil into
in onler to his restomtion to Royal favor. Taking advantage of this, the
Kiug, at the suggestion and upon the advice of his Privy Council, dis-

PREFATORY NOTES. xi

missed the petition as being very irregular and of such a nature as could
not properly receive any determination in the Privy Council.

If what he says of himself be true, Burrington was indeed an exceed-
ingly ill-used man, for, among other things, according to his statement, the
Chief- Justice, the Attorney-General and the Secretary of the province,
attempted to assassinate him by shooting him with a pistol, and his life
was only saved by the interposition of some courageous men who came to
his assistance. The conspiracy to murder him was, he believed, set on
foot in England, because authentic accounts of the assault upon him sent
to the Board of Trade were not treated with any consideration. Indict-
ments being found against his would-be murderers, they fled by night and
hid themselves in Virginia, where they remained until Governor John-
ston landed in North Carolina. On their return. Governor Johnston
immediately distinguished the assassins with his favor, every one of them
being placed in some employment.

On the other hand, as has been said, if a tithe of what his enemies said
about Burrington be true, the wonder is that he got away from the colony
alive, and not that an attempt was made to kill him.

What, then, in view of all the facts, is the real character of Burring-
ton? The seemingly respectful consideration given to him and to hiS
opinions by the Board of Trade after his return to England, is by no
means consistent with the theory that he was a mere drunken brawler whom
they had just displaced for grave malfeasance in office. His official
papers, too, relating to the province, those at least unconnected with his
quarrels, are well written and show an intimate knowledge of the coun-
try and the measures best adapted to promote its development. Consid-
ered alone, indeed, they would present him as an active, intelligent,
progressive ruler. But they cannot be considered alone, and he stands
out, therefore, as a man of ability, but utterly disqualified by grievous
faults for the position he occ'upied. And yet he was a wiser ruler than
his predecessor, Everard, and possessed no more faults; he was, too, to
say the least, as wise as his successor, Gabriel Johnston, and no more
arbitrary. Certain it is, too, that the province under his administration
continued to flourish and greatly prosi)er, both in wealth and population.

xn PREFATORY NOTES.

It may be that Burrington was hampered by his instructions from the
Crown, and that no Grovernor eoiild have carried them out and kept the
peace with a people who, as he said, were subtle and crafty to admiration,
who could be neither outwitted nor cajoled, who always behaved inso-
lently to their Governors, who maintained that their money could not
be taken from them save by appropriations made by their own House of
Assembly, a body that had always usurped more power than they ought
to be allowed; with a people, in a word, who well knew their rights and
dared to assert them to the full. This was, in substance, evidently the
opinion of the sagacious, as well as humorous, Colonel Byrd, of Virginia,
for on the 20th July, 1731, he wrote to Governor Burrington, saying:
"I think, by some samples T have known of that country [North Caro-
lina], it would cost a pretty deal of trouble to bring it into ortler, and
a less spirit than yours will never 1x5 able to effect it. People accus-
tomed to live without law or gosple will with great Reluctance Submit
to either * * * * Xn the meantime I wish you all the success in
the world in bringing the chaos into form and reducing that Anarchy
into a regular Government. In so doing you will deser\'e to have your
statue erected or, which perhaps is better, to have your salary doubled."
But the event proved that not even Burrington's "spirit" was eijual to
the task of reducing North Carolina to what he and Byrd considered good
order and regular government, and that unhappy Burrington got neither
statue nor double salary — indeed, no salary at all.

The task was, perhaps, an imi)ossible one, and in passing judgment
upon those to whom its execution was entrusted we ought, at least, to bear
in mind the diflRculties in the way of its accomplishment.

The transfer of the province from the Lords Proprietoi-s to the Crown
brought about little or no change in the practical machinery of the gov-
ernment and no change whatever iu the rights of the people, for thase
rights deiKinded, not upon the will of the Proprietors nor upon that of
the Crown, but upon the well-known charters of King Charles the Second.
But the administration of Burrington as the first Koyal Governor marks
so plainly a new departure in the history of the proyince, that a brief

PREFATORY NOTES. xra

view of its condition at that time may lie not without interest or use as
a guide in making up an opinion as to the subsequent progress of the
province.

The province was dividetl into counties, precincts and parishes, with a
population of not less than 40,000 black and white, lying to the eastward
of a line between the towns of VVeldou and Fayetteville of the present
day. The counties were two in number, divided into thirteen precincts,
as follows:

1. Albemarle county, into six precincts, viz.: Chowan, Perquimans,
Currituck, Pasquotank, Bertie and Edgec»ombe.

2. Bath county, divided into seven precincts, viz. : Beaufort, Bladen,
Carteret, Craven, Hyde,* New Hanover and Onslow.

Each precinct was a parish also, with a vestry and church- wardens
clothed with jwwer to raise money by poll-tax not exceeding five shillings
in currency on a tithable to maintain the poor and pay preachers.

In the Executive department of the government there were a Gov-
ernor, Council, Secretary of the Province, Re<^iver-Genenil for the col-
lection of rents due the Crown, a Surveyor-General and an Attorney-
General. The power to prorogue and dissolve I legislatures and to veto
their acts strengthened the hands of the Executive l)eyond measure
almost.

In the Judicial department were the Supreme Court for the province,
called the General Court, consisting of a Chief-Justice and Associate
Justices, and Precinct Courts that met quarterly, one for each precinct,
consisting of Justices of the Peace appointed for the purpose by the Gov-
ernor and Council, with power to try all personal actions under fifty
{M)unds, to act as Orphans* Courts, appoint guardians, take securities, &c.
In the General Court were combined the powers of the King's Bench,
Common Pleas and Exchequer in England. The Chief-Justice and Asso-
ciate Justices, together with the principal officers of the provinire, sat also
as a Court of Over and Terminer and Gaol deliverv. Chancerv juris-
diction was vested in the Governor and Council. A list (»f jurors for each
precinct was made up by the Assembly and the names put in a box, to be
drawn at the ending of each court, by a child, for the next «)urt. The

XIV PREFATORY NOTES.

duties since j>erfbrmed by >lierifi!s were then performed by a marshal and
his deputiess. There were magistrates, also, appointed by the Governor.

The lA^gislatiire consisttnl of an Upper House, composed of the members
of the Council, and a Lower House, composed of representatives from the
precincts, and one each from the towns of Bath, Edenttm and New Bern,
the precincts in Albemarle sending five representatives each and those in
Bath sending two each. The only tax im}H)sed by the Ixjgislature was one
of five shillings in currency on each tithable, and a duty of 3s. 4d. per
ton on vessels for powder money, as it was called, intended but not always
used for pilotage and buoying out the inlets and channels. This duty
was first payable in powder, shot and flints, and its pur]>ose was to sup-
ply the demand for ammunition then so greatly needeil in the conflicts
with the Indians. All males not slaves, over sixteen years of age, and
all slaves, whether male or female, over sixteen years of age, were tith-
ables. There was no fixed time for the electi(m of members of the I-<eg-
islature then as now, but they were elected at such time as pleased the
Governor and held office at his wmII, for even after they met and organ-
ized he could prorogue them at will from time to time, or might dissolve
them and order a new election, if to him it seemed good. It would seem,
too, that a minority had not even the power to adjourn from day to day, a
prorogation by the Governor biding the expedient resorted to when a
minority only was present and wishetl to adjourn.

The currency of the province outstanding during Burrington's sec^ond
administration was estimated to be 4:4(),0CH), issued under an act of Assem-
bly passed in 1729. £10,(KK) were set a|)art to be exhausted for old bills
then current and the other £30,0(K> were distributed to the several pre-
cinct treasurers, to be let out on loan on land security, such a part of the
princi|>al with interest to he repaid annually as would sink the whole in
fifteen years. There were treasurers for the province also, elected, like
those for the precincts, by the legislature.

Tliere was a militia system also, that provided for the organiziition of
the able-b<Klied men into com])anies and regiments. But there were
neither arms, ammunition nor fortifications.

PREFATORY NOTES. xv

The laying out of new roads, building of new bridges, and the repair
of old ones, were also provided for.

The products of the country were tar, pitch, rosin, tobacco, indigo, rice,
Indian corn, English wheats beans, peas, flax, cotton, &c. Hoi*ses, cattle,
hogs and poultry were abundant, at least in the older settlements, being
easily and cheaply raised. Sheep, too, were raised, though perhaps not
in such great numbers. It was estimated that 50,000 fat hogs were
driven to Virginia every year, and 10,000 fat beef cattle. Pork and
beef in barrels were also shipped to Virginia and elsewhere in large
quantities by water. But abundant as were the products of the province
then, as for many years afterward, they were all needed, the surplus at
least, for the purchase of negroes and "British commodities."

Saw-mills also were being put up for carrying on a trade in boards and
sawed timber.

The trade of the province was confined to New England aud Virginia.
West India goods, sugar, molasses, rum, salt, &c., came from New Eng-
land in small sloops of less than fifty tons, that went about from river to
river, and for return cargoes carrieil back such things as could not be con-
veniently transported to Virginia — that is to say, the great bulk of the
produce. Great complaint was made of this traffic, especially that good
wheat was carried away and bad flour brought back. New England rum,
too, was by no means as palatable, and perhaps not as wholcvsome, as that
of Jamaica. ** British commodities,*' as they were called, were brought
from V^irginia by land or in canoes in small (juantities at unreasonable
rates, but the bulk of the cloth used in the country, whether cotton, linen
or woollen, was made at home, each plantation, or at least each neigh-
borhood, supplying its own needs from its own products and its own
labor, the housewives of the country l)eing very [)rofi('ient in such mat-
ters. The staple article of this domestic manufacture was, doubtless, the
cloth known as "homespun," a mixture of cotton and wool. "British
commtxiities" were so called because they were goods permitted by the
British Navigation Laws to be carried into the ct)lonies only in British

I

i)

XVI PREFATORY NOTES.

vessels and from British ports, and iocluded all articles "of y* growth,
production, or manufacture of Europe, except salt for y* fishery of New
England and Newfoundland, wines of the growth of Maderas or Western
Islands or Azores, servants and horses from Scotland and Ireland." A
British vessel, in the meaning of the statute, was one built or owned in
Kngland, Ireland t)r one of the colonies, and owned wholly by the people
thereof and navigate<l with the master and three-fourths of the mariners
of the said places. Smuggling was an inevitable consequence of such
legislation, and all along the Atlantic coast it was carried on whenever
opportunity offered for doing so without too great risk of det(x»tion, and
carried on, too, doubth'^s, without any f(»eling that it involved a violation
of moral obligation, and looking with mmlern eyes upon the British
Navigation Laws of early colonial days, it would l>e strict judgment to
hold that an evasion of them bv the colonists did involve t!ie violation
of any moral obligation.

The collection districts were five in numl)er, and nominally, at least,
covereil the entii^e coast line of the colony, viz: Currituck, without any
fix*Hl place for a port of entry, Roanoke with Edenton for a port, Bath
on the Pamlico, Beaufort at Topsail Inlet, and Brunswick on the Cape
Fear. The towns of Bath and Edenton l>eing far from the sea and th(»
Currituck district having no fixed port, and there iK'ing many islands and
rivers l)etween them and the inlets, abundant opfMjrtunity wa.> given to
masters of vessels to unload gixnls before they siuv the c(»lle<*tors ami to
take in pnxluw after they were cleared. Of iMiurse ma'^ters of vessels
did not fail to take advantage «)!' the facilities for smuggling offered by
the North Carolina coast and sounds, and great (juantities of North Caro-
lina tobacci* wen' exjK^rted by the New England skip|>ers without paying
duty. Virginia tobac(.»o was also sent to North Carolina and disj>osed of
in the same way. The following is given as an instance of the way in
wliifh smugirling was c^arried on: In \7l]4 a ship loaded with FreiH'h
wint»s, brandy, tea, woollen and other prohibitcHl commodities, <'anH» in at
Ocacock, and in the harlH>ur there transferred the <'argo to vessels l)elong-
iiig to the country, in which they were carried through Pamplico ami
Albemarle Sounds into Virginia and there delivered to merchants of that

PREFATORY NOTES. xvii

colony. Great search was made for the goods, but iu vain. The New
England skippers were the chief smugglers, but Virginia and North
Carolina were beneficiaries and participants also in tlie traffic.

Virginia does not seem to have been a very favorite market with
North Carolina traders. Great complaint was made of the inspection
law there, under which much of the tobacco was burned as unmerchanta-
ble, and of undue advantage taken by the Virginia purchasers of the
Carolina drovers in the matter of charges for butchering. Of course,
too, complaint was made of the prices demanded for the wares the Vir-
ginia traders had for sale.

There seems to be little doubt that the planters of North Carolina, and
plaQtiug was almost the only occupation there, were at a great disadvantage,
not only in selling, but in buying as well, even to the loss of half their
goods, it was said. Governor Burrington was strongly of this opinion, and
constantly urged upon the government at home that the only way to put the
trade of the province on a right footing was to settle a custom-house at
Ocacock Island^ at the south end of which he sftid there was sufficient water
for any merchantman to come in and a secure harbour. On the island
was a hill, on which a small fort would command the bar, channel and
harbour, and if a custom-house were settled there a town would sooin grow
up and serve as a depot and distributing point for a large direct trade,
the goods to be sent from there to the interior in small vessels to all places
not depending on the Cape Fear River for their trade, and, in a word, be
the port for the Collection Districts of Roanoke, Currituck and Bath
Town, create a direct trade with England, put an end to the peddling car-
ried on by the Virginians and New Englanders and bring in ships-loads
of negroes that, being much needed by the planters, could be sold well.

Something did indeed need to be done, for English goods that had been
bought for 6d. would buy a bushel of wheat and a bushel and a half of
corn, and similar goods that had been bought for 18d. would buy a barrel
of tar.

The Indians were much reduced in numbers and lived within the Eng-
lish settlements on reservations specially set apart for them and secure

XVIII PREFATORY xNOTES.

from the attacks of foreign Indians. There were six tribes of them, to-
wit : the Mattamuskeets, the Pottasketcs, the Chowans, the Tascaroras
and the Meherrins. Of these not one nation exceeded twenty families,
except the Tuscaroras, who numbered about two hundred fighting men.
These Indians were generally peaceable and quiet, though there were occa-
sional acts of hostility between them and the Catawba Indians in hunting
on the upper parts of Cape Fear River, which the white people rather
considered to their advantage, as hostilities with their own race tended to
make the Indians keep the peace with the whites.

Of course all roads in the northern counties, if not all in the colony,
led to Virginia, the general point of convergence being on the Nanse-
mond River, at or near where the town of Suffolk is situated. Going
southward from Albemarle, the route was from Edeutou across the sound
to Mackey's Point, some ten miles below Plymouth, a distance of about
nine miles, thence to Bath, thence across the Pamplico River, and across
the Neuse to New Bern, and thence to Wilmington. From Edeuton to
Wilmington the distance, as the road ran, was near two' hundred miles,
with three long ferries to cross. To compel northern members to go to
Wilmington was a great hardship, as it was also to compel southern
members to go to fxlenton. Hence the Assemblies came to meet at Bath,
as a half-way house, and then at New Bern. Indeed, a strong effort was
made to establish the permanent seat of government at Bath, not contem-
plating, as it were, any extension of the settlement to the westward. But
try as much as might be, it was found impossible to make a town at
Bath, although it was the first chartered town in the colony.

COLONIAL RECORDS.

1728.

[B. P. R. O. Proprieties. B. T. Vol. 12. No. 94. R.]

LETTER FROM THE SURVEYOR OF NORTH CAROLINA
TO THE BOARD TRANSMITTING SEVERAL

PUBLICK PAPERS

12 Dec 1728.
Right Honoble

The long contested effmr of the Boundary between the Province of
Carolina and his Majestys Colony of Virginia having been settled and
the Line Run and Finished in October last by Commissioners ap-
pointed by either Governments pursuant to His Majestys Royall Instruc-
tions. As Secretary of the Province of North Carolina I transmitted
home to the Lords Proprietors the Journals of our Commissioners pro-
ceedings whilst upon the Service with a plan of the Boundary as it was
agreed to by all the Commissioners on both sides which I had no sooner
done than we had the joy full news that their Ix^rdships had surrenderd
thieir Province to His Majesty which was received here with the most
universal Satisfaction and their Governor Sir Richard Everard by his
Weakness and Indiscretion had Run us unto the utmast confusion and
Disorder and Rendered the Administration Contemptable and Odious to
allmost every Person in the Government; but as that will be Repre-
sented to his Majesty by the Council of the Province I sliall not Presume
to trouble your Ldps further than to acquaint you that I have (as I am
told it is a Duty now to Do) sent to your Lordps Duplicates of the Jour-
nals of of Commissioners proceedings and a Copy of the Plan which were

♦

before sent to the Lords Proprietors that if necessary they may be laid
before his Majesty. I am

Right Honoble

Your Lordships most Obedient
very humble Servant

JOHN LOVICK

CX)LONTAL RECORDS.

[B. P. R. O. Proprieties. B. T. Vol. 12. — Referred to in Preceding Letter.]

To the Kings most Exoell* Majesty.

The humble Address of the Members of Councill for the Province of
North Carolina.

Sacred Sir

As it is with the greatest Pleasure we Receive the Notice of Your
Majestys having taken this Government under Your Immediate direc-
tion, Wee humbly begg leave in the Most Dutyfull manner to Address
Your Majesty on this Happy and Joyfull occasion and thus early to
assure You that we as well as the People in General are intirely Devoted
to Your Royall Person and Most Illustrious Family Whom God Long
Preserve.

And being indulged to have this access to Your Majesty we begg Leave
in the humblest manner to lay before You the state of this Unhappy
Province which tho of small Acoompt in Respect of some others, Yet of
late is very much Improved, And we have the pleasing Prospect from
that Support of Authority and the Encouragement of our Trade and
Commerce which we Promise ourselves now Your Majesty has taken us
under Your Care that it will soon become a Flourishing Colony and
Beneficial to the Crown.

This Change could not have l)een at a more happy Juncture for us
then under the Reign of a Prince Iwloved as the Common Father of all
his Subjects and at a time when the Government here was grown so weak
& Feeble that without this alteration it could not have subsisted much
longer, but must have Dwindled and sunk into the utmost Confusion
and Disorder, and we cannot attribute the Cause of it to any thing but
the great Incapacity and Weakness of our present Governor Sir Richard
Everard whose Behaviour is so extraordinary tliat every Day Produces
some Extravagant action. Ai\.d it is with the greatest Sorrow we are
obligal to tell Your Majesty that wc Feel Oppression and Arbitrary
Power, notwithstanding we have so Mild, so Gracious and so Just a Sov-
ereign ; but we assure Ourselves of Redress from Your Majesty's Known
Clemency & Indulgence to all Your People; and that you will not suffer
a Person to Preside over us, who has no other Notions of Government
than as it gives him Power to Act as he Pleases, which bad Principles,
producing as bad Actions, we must humbly Beseech Your Majesty to
suffer us to Represent to You some few Instances of them.

The first thing we shall begg to mention is his manner of Treating the
Councill whom he frequently takes the Liberty to Abuse while sitting,

COLONIAL RE(X)RDS. 3

If he proposes anything let it be ever so unreasonable or Unwarrantable
it must be done and if we with the utmost good manners tell him we
cannot approve of it or shew him ever so clearly that it is not Lawfull
for us to Comply with him, or the injuries that would follow if we suf-
fered many things to pass that he would have done then we are sure of
having the worst of Language with threats of what he will do with us
and after that he geuerally Leaves the Board and the Business Let it be
what it will unfinished, and if any of the Officers venture to tell him of
this strange Behaviour, they are sure to meet with the same ill Treat-
ment having Quarelled with every of them purely because they wont
come into his unjustifyable Measures.

He ventures to make for himself what Fees he thinks proper (tho there
is a Table of Fees Rstablished by Law) and Notwithstanding the Assem-
bly as well as the people in General having complained of his Exacting
Exorbitant Fees, Yet he still continues in Defiance of Our Laws & De-
clared not long since (in Open Court) that he did not regard the Laws
of the Country at all. It is unexpressable the Daily Quarrels that hap-
pen about his Family which seems to make of more weight then the
most Important Affairs of Government, and if he fancies any one is not
affected to him or his Family (which is a pack of rude Children who
give offence every Day) they are sure upon the least occasion to be severely
prosecuted as very lately happened to a Young Gent here who having
disgusted one of the young ones the Governor took out an Action of
Scandall against him and laid the Damage for Five Thousand Pounds
Sterling, and gave Strict Orders to the Officer to put him into the Com-
mon Goal unless Extraordinary good Security was found, and withall
gave out menacing Speeches, That he would see who dare be the Grent's
Bail which Frightened many but to PreventtheCommittingof so harsh
a thing, the Secretary & Attorney General at last after they had in Vain
Remonstrated the matter to the Governor ; became Bail for the Gent,
and thereby drew the Governor's heaviest Resentment upon them ; Afl;er
this the Governor would have this very business Examined in Councill,
and after wee had Examined very narrowly into it, we found it only a
very Idle Story of one of the Children and beggM the Governor to Drop
it, but he held the poor Gent to Bail till our General Court sat and then
had not one word to say to it; Beside this way of Oppressing People
who are so unfortunate as to fall under any of his Family's displeasure,
ho has found a New McUukI of setting up a Sort of Inquisition and
when any one is noted down for an Offender the Governor Issues his
Orders or Warrant for the Servants of the Person to attend at his own
house, where they are Interrogated upon Oath before him and his Lady,

CX)LONIAL RECORDS.

(and if they Boggle at tbe Oath they are threatened with the Goal) and
the Greneral Questions are what they have heard their Master or Mistre:^
at any time say of the Gr^vernor and his Family which tho it has hith-
erto amounted only to Trifling talk, yet Prosecutions has been ordered
from these examinations, and if such a Practice is not stop'd the Conse-
quence may prove very fatall ; It being a sure way to Lead Servants
into Perjury upon the least Disgust with their Masters and indeed it was
so much dreaded that one of the Councill undertook to advise the Gov-
ernor against such a Wonderfull Proceeding, as what would not only
greatly Expose him but was against the usage of English Men, for which
the Gent in Return was Assaulted by the Governor and reoed the most
injurious I^anguage that could be uttered. At other times when he has
puzleil himself w^itli these Family Disputes and Jarrs he sends his
Coinands to the Chief Justice to Commit or bind over or whatever first
comes into his head, and if the Chief Justice lets him know he cannot
Lawfully obey him, then the Judge is immediately threatened with the
Goal, & Suspension and is sure to haver the most opprobious I^anguage,
and if it hap[)ens that any thing is brought into Court that concerns even
tiie meanest of his Servants, he is sure to he. present, and if the Court
will not act just in the manner he would have them, he immediately puts
on a face, and lets them know he is Governor, and will protest against
tlieir Pnx»edings and then Affronts and Abuses them upon the Bench,
which exceedingly discourages the Court, and Spirite on others to do the
like and Weakens their Authority and greatly Obstructs the Adminis-
tring of Justice, as very lately there being a Miscreant prosecuted here
for Cursing Your Sacred Majesty and Traduceing Your Grovemm*, upon
whose Tryall the Governor suffered his Son (as Profligate a Creature as
the Criminal) to be of Councill for him, when just as the Judge was
going to pronounce Sentance against the offender and was telling him
the heinousness of his Crime the Grovemor Riish'd into Court and
Pretending he had Business of His Own, Interrupted the Judge and
menaced the Court for not breaking off* tlie Business they were upon, to
hear him ; this instance we should not have been so particular in, if we
had not the most convincing reasons before to believe he had not that
Duty and Affection for Your Majesty and Your Most August House,
that all Good Snbject.s ought to have for he has had the Weakness as
well as the Wickedness to Boast of his being concerned (tho not Pul>-
lickly Known) in the Preston Rebellion, and it has been with some Dif-
ficulty he has been prevented from signalizing the Tenth of June with
us, and on the much Lamenteii News of the Death of Our most Gracious

COLONIAL RE(X)RD8.

Sovereign Your Royall Father of Glorious Memory he with the greatest
Exultation said upon it with an Oath Then Adieu to the Hannover
Family we have done with them.

We have many things more to Offer, but dare not presume to take up
more of Your Majesty's time only to Beseech You, Great Sir, to consider
our Miserable State, and to Relieve us fVom a Governor so incapable of
doing Right and so alU^ther undeserving Your Royall Favour and
Countenance,

J : LOVICK ROBERT WEST W™ REED

THO- HARVEY R. SANDERSON J. WORLEY

THO POLLOCK JN« PALIN . FFRAN: FFOSTER

EDM^ GALE C. GALE

Dated at the Secretary's office in N'* Cai-olina Dec^m' 12**» 1728.

1729.

[B. P. R. O. Proprieties. B. T. Vol. 13. R. 108.]

A DECLARATION BY S' RICHARD EVERARD BART.

J ANY &^ 1728-9.

In Order to Convince mankind and in particnlar y* Inhabitants of
this Province whereof I am Govern' y* all unhappy misnnd'standings &
dissencons between me and the Meml)ers of Assembly and other Gent :
of good note within this Government I do hereby in the most solemn
manner Acknowledge to be owing to the Calumnies & false informacons
given me by Chr: Gale John Loviek, and W" Little lisq" at my arri-
val here & trusting too much to the Characters they gave me of Several
Gent, here I find those Gent, the reverse "^sons of great Probity and
much Sincerity This being the principal occasion of all former misunder-
standings I beg as such it may be attributed and further if any Act of
Govemm* since my Adm*** has in the least proved pernicious or detri-
mental to the Welfare or Repose of this Province I do hereby declare to
the World it has been owing to the Advice of Gale Loviek and Little
the only enemies to the Repose and quiet of this People and as they have

6 COLONIAL RECORDS.

been so ever Since they have been in the Country their Advice, for the

future shall never be r^arded by

RICHARD EVERARD.

Jan'y 6 1728-9.

(Endorsed)
North Carolina
Copy of the Declaration of S' Ric^ Everard pres-
ent Deputy Gov' of North Carolina Dated &^ Jan^^
1728-9 owning his having l)een imposed on by M'
Lovick the Sec^. M' Gale Chief Justice and M' Lit-
tle Attorney Gen*

Reced from Cap* Burrington

[B. P. R. O. North Carolina. Vol, 6. p. 279.]

To the Kings Most Excellent Majestie

The Humble Memorial of the Lords Proprietors of Carolina
Sheweth

That about twelve months agoe your Memorialists (after a treaty)
Humbly proposed to Surrender to your Majestie all their right and inter-
est in the said Province as Lords Prop*^ thereof for Twenty five thou-
sand pounds

That your Memorialists laid their several titles before Your Majesties
Attorney and Soil' Greneral in July last and a Conveyance has been pre-
pared with a covenant therein from your Memorialists that they should
consent to An Act of Parliament and they have for some time been in
daily expectation of having their Surrender accepted and purchase money
paid But they are now to their great surprise tolPd this can't be done till
an an Act is first obtained

That some of your Memorialists have been detained In town to attend
to attend this afiair much to their prejudice and the Inhabitants and
State of the said province greatly suffers from the present unsetled condi-
tion thereof

These proceedings Your Memorialists humbly take leave to represent
to your Majestie and that every days delay is not only an hardship to
them but to all your Majesties Subjects in the said province

COLONIAL RECORDS.

Wherefore they humbly pray your Majestic will be pleased in such
manner as in your Royal Wisdom you shall Judge most expedient cither
to direct a a Surrender to be forthwith accepted from your Memorialists
on payment of the Consideration mony or to give leave that your Memo-
rialists may have the full & free exercise of all the powers granted by
your Royal Predecessor King Charles the Second

All which is most Humbly submitted to your Majesties Royal Wis-
dom & Groodnes

[B. P. R. O. America & W. Ind: No. 592.]

19"» Jan' 1728-9
Sir,

To-morrow Morning I must wait upon your Honour, for an Answer
to the Lords Prop" of Carolina's Mem* IVe been the means (under the
Direction of my Lord Westmoreland) of bringing, in a great measure,
the Contract to bear so far; and will do every thing, an honest man can
do, to Mollify the Prop" But indeed they think themselves ill used. I
was the first that set the Notion on foot for obstructing the Spanish Plate
Fleet in the Gulf of Florida, and the Drafts I have are the only ones to
be depended on I will bring them along with me to shew them y* Hon-
our. I drew up the reasons justify the Prudence of the Ministers in
purchasing the country as M' Henry Pelham and 14 more of the House
of Commons know, a copy of w'** I will present your Honour with. I
would willingly in this Affair unite Zeal for the Publick Interest and
Fidelity to my Principaly. I am with the greatest respect.

Sir,

Your Honour's
Mast Obedient and
most faithful! humble

Servant

THO: LOWNDES.

[B. P. R. O. Pbopbietibb. B. T. Vol. 12. R. 106.]

May it please your Grace

Whilst I have the honour of bearing the Office of Judge of Admiralty
in this Province, I think it my Duty to make Information of all such

COLONIAL RECORDS.

things as are niauifestly prejudicial to His Majesty ; It is for this reason
that I humbly offer these few lines, and to Inclose to yo' Grace the Copy
of an Original Order signed by Sir Rich* Everartl our present Governor,
to one M' John I^ovick acting as Sec^ under the late Proprietors of this
Country, who has refused to Obey the same. Your Grace will compre-
hend by the Contents of that Order what Management there has been
here concerning Lands for many years past.

If I mistake not there was a former Order from the Lords proprietors
ever since the Year 1711, to forbid the Issuing out Warrants for Land
in the Southern parts of this Government, unless the same was purchased
at the rate of Twenty pounds Sterling for every Thousand Acres; Not-
withstanding which, I have been informed the present Sec^ has Emitted
a great number of such Warrants to the quantity of some hundred thou-
sand Acres, & still continues to do the same, tho he well knows his
Majesty has made a purchase of the Soil ; which may be some thousand
pounds Damage to tlie Crown ; for if our Gracious King has purchased
these proprietary Countrys, no doubt it is with the Advantages of all
such former Orders as it then stood at the time of such purchase.

One thing more I beg leave to acquaint your Grace with, this M'
Lovick, Edward Moseley, Ch'ristoph' Gale & one Will" Little were lately
appointed (at the expense of the Propriet") to run the Line, or Ccmfines,
between this Govern m* & the Colony of Virginia, and for such service
they have been carving out their own satisfaction in Lands, and at the
same time, if I am not misinformed they are making application to his
Maj*^ to be allowed in Cash for the same Service, in proportion to what
the Commiss" on the part of Virginia had.

I thought it was proper to give your Grace this timely notice, not
knowing but that such matters in respect of yo' Grace's Eminent Station
as Sec'' of State, & principly concerned in this quarter of the World,
but the same might come properly before yo' Grace, or some Inspecting
Officer of your Apj)ointment. And if at any time Sir you are pleased
to lay your Commands on me, respecting any Affair of this Province,
no man will more chearfully 01)ey than

Mv Lord
Your Grace's
Mast Dutifull Servant

E. PORTER.

North Carolina.

Jan'' 24"» 1728. [1729]

COLONIAL RECORDS. 9

[B. P. R. O. B. T. South Carolina. Vol. 4. C. 48.]

THO: LOWNDES TO THE SECRETARY OF LDS OF TRADE

16**^ February. 1728. (-9)

Hearing that the Lords Commissioners for Trade are teazed by Pre-
tenders to Merit in bringing alx)ut the purchase of Carolina I take the
Liberty to transmit to you, a Copy of the Reasons which last year I
drew, and which were presented to and approved of by the Speaker of
the House of Commons and sixteen other Members, when the Demand
was made for the Purchase Money in Parliament

The Proposal of attacking Fort Augustine and obstructing from Port
Royal in South Carolina the Spanish Navigation was first made by me
to a person of great Figure in the Administration in May next will be
three years and was then licked. What service I have since done in
Obviating any difficulty that might happen and in removing Obstruc-
tions that arose whilest the Bargain for Carolina was N^ociating a Noble
Lord of your Board (whase Justice and Honour are equal to his Title)
will I doubt not readily vouch for me. And I have ample Testimony
of the Pains I have since taken to keep Matters between the Crown and
the Proprietors from being inflamed.

• Colonel Lilly was too candid a Gentleman not to own publickly the
assistance I gave him in drawing his Map of Carolina; I having tlie
most Authentick Manuscript of that Country and of Port Royal in par-
ticular For as for poor Governour Rogers his is only an unnatural Fiction
for there can be no such place as he represents Port Royal to be ; till the
nature of water is altered and the Glol)e new moulded.

I likewise inclose a Copy of a Letter from Governour Craven which I
doubt not will give the Lords of Trade satisfaction, he being a Gent of
known Honour, and I had a Liberty to do with it as I judged proper.

I b^ leave to observe to you that it is my humble Opinion that the
Spaniards make their clamorous Mem" about the little Fort upon Allata-
maha River to conceal their Intentions of getting from us by Treaty the
Territory wee have upon the Gulf of Mexico. For the Bay of Apalachia
is most certainly ours. And it is highly probable there is a good Har-
bour, either at the Entrance of the River Quitare or the River Flint.
And the Country is esteeme<l very fertile and the Indians that did inhabit
it are either chased away or killed. Of what use it may l)e to the Span-
2

» .

10 COLONIAL RECORDS.

ish Nation to have such a Concession or of what prejudice to us to grant

it the Lords Commissioners for Traile are the best Judges

I am, Sir

your most obedient and most humble

servant
16*^ Feb-y THO: LOWNDES.

172|

P. S.

There is I hear a great disi)osition in the rich Palatins and Germans
about Ijeige to go to South Carolina; so a good Revenue may be made
immediately to the King by Quitt Rent.

[B. P. R. O. B. T. South Carolina. Vol. 4. C. 60.]

SOME REASONS TO SHEW THE ABSOLUTE NECESSITY
FOR THE CROWNS BUYING THE PROPRIETY OF THE
CAROLINAS AS AI.SO THE ADVANTAGIOUSNESS OF
THAT PURCHASE TO THE PUBLICK

[Inclosed in M' I^wndes 16 Feb^ 172f.]

South Carolina is situate between the French on the River Messissippi
and the Spaniards in Florida and in the Neighbourhood of Cuba, a very
strong Spanish settlement and in case of a Rupture with France or Spain
and'an Invasion from either must in the Condition it was in by the Dis-
union of the Proprietors and the Animosities between the Proprietors
and Inhabitants have inevitably fain a prey, unle&s the British Nation
had at a very great Expence rescued the Colony, which under the imedi-
ate Protection of the Crown may in a great measure he made able to
defend itself upon all Occasions and of eminent use* not only to all the
British settlements in America, but to the Mother-Country.

That South Carolina has for its contingent Charges many years last
past raised about 7000*^ ^ Annum which with the Quitt Rents (which
may be estimated at 1000 ^ anniun) will under a proper Regulation and
Eiconomy go near to defray the Expence of the Government.

That had South Carolina continued a provisional Government the
British Establishment could never have been freed from the Expence of
the Governors Salarj' and the independent Company, unless the Crown

COLONIAL RECORDS. 11

had either infringed the Rights of the Proprietor or invaded the Prop-
erty of the Inhabitants

That the Crown having purchased the arrears of the Quit Rents which
are estimated very low in the Proprietors Account will be a means to
make the Inhabitants to come into proper measures to lay upon them-
selves some Duty which they are well able to bear in order to defend the
Province.

That had South Carolina fain into the hands of either the French
or Spaniards (besides the loss of a Branch of the Revenue from enumer-
ated Rice) the consequence would have been very fatal not only to all
the settlements in North America, but also to the British Navigation to
the Sugar Islands. For we should have been absolutely excluded the
Navigation of the Gulf of Florida, and a communication would have
lain open from all the Spanish settlements to the French Colony on tlie
Messissippi.

That by a good settlement being made at Port Royal in South Caro-
lina where (by all accounts there is a noble harbour) the Conjunction of
the Power of France and Spain will not only be preventetl but as long
as we are Masters of the Sea we can lay a very great restraint upon the
Spanish Navigation in America. For the Spanish Plate Fleet from Mex-
ico must of necessity pass very near our Coast and that from Peru can-
not without the greatest difficulty avoid it.

That by keeping a competent number of Men of War at Port Royal
(which can at a much easier Rate be accommodated with all necessaries
now the whole Property is in the Crown) the British Commerce will be
entirely protec^ted from the Spanish Privatt^rs which were always fitted
out at Fort Augustine a place in the Neighlx)urhood of South Carolina
and notorious for the mischief our Trade has even of late received.

That a station for Men of War can be at a much less Expence sup-
porte<l in South Carolina than at Jamaica. For South Carolina is not
only productive of all sorta of Naval Stores but the provisions are better
and much cheaper there than in Jamaica, and the Tenn>erature of the
Place as well as the advantagiousness of the Situation will always render
it preferable to Jamaica where the Climate is so unhealthy to English
Constitutions

That if North Carolina be made a district of Virginia besides the
Tenths reserved ujwn the Whale Fishery, the Revenue of Quit Rents
of that plac« which always bore the charge of the establishment, will
bring in an immediate Profit to the Crown of about 600* sterling yearly.

That it is acknowledged by all Persons that the most fertile and

12 COLONIAL RECX)RDS.

healthy Part of all America is the Tract of Land lying between Port
Royal in South Carolina and Florida and well watered by Navigable
Rivers and if it lie lett out at a proper Quit Rent as in Maryland and
Pensilvania (the Crown not being under any Obligation ajs to the Quit
Rents for T^ands not yet set out in South Carolina as it is in Virginia)
t'will in a very few years not only ease the British Establishment, but
bring in a oonij>etent Annual Sum of Money to be remitted to Great
Britain or to be disbursed for setting on Foot in America the silk or any
other Manufacture that shall Ire thought proper.

If it is asked by way of Obje(»tion why the Proprietors surrender their
Charter for so small a sum as 25,000* (5000* of which is for the arrears)
if the Country Ik^ so valuable as is represente<l. The Consideration of
the number of the Proprietors, their Disunion, the Frequency of. Minor-
ities amongst them. Their Inability to procure to themselves Justice
from South Carolina with respect to their Quit Rents and their Want of
Power to correct the great Abus<« committed by the settlement about the
Pa|>er Money and other publick acts to the Prejudice of the British
Conmierce and an apprehension that in Case of an Invasion the O)lony
would Ik? lost to the gi'eat Detriment of the Publick as well as to
themselves tis humbly presumetl will afford a full and satisfactory

answer.

THO: LOWNDES.

[B. P. R. O. B. T. Virginia. Vol. 18. p. 107.— Extract.]

LIEUT: GOV: GOOCH TO LORDS OF TRADE

26 MARCH 1729.
My Lords,

« :|e « « :|e

4c ♦ * * 4e :(c

The Commissioners ap{>ointed for settling the Boundaries between this
Colony and North Carolina having finished that tedious and troublesome
aiTair, (XX»sioned by thick w(H)ds and rivers they were obliged to jmlss, I
have herewith sent your Lordships their Report with the Plans of the
Line as it is now run and inarkt out. Your Ijordships will find (for
which there is a Protest and an Auiwer) that after the Comni" of C&ny-
Una had gone with ours a certain distance l>eyond their own Inhabitants,
they refused to pnxxjed any farther urging several reasons which I think
little to the pur|>ose, & might with equall force have been insisted on
l)efore they went so far : but one of our Comm" concurring with them,

COLONIAL RECX)RDS. 13

they returned to Carolina, & M' Fitzwilliam came back, leaving M' Byrd
& M' Dandridge to discharge the more difficult part of the Duty, which
they continued to do for six weeks after the separation, in which time they
finished the remaining part of the Line up to the Great Mountains; and
I dare to answer for it, with such exactness (as the surveyors were bound
by oath to do) that I hope it will be allowed to be of equal validity with
that part of the Boundary in which all parties were present. It remains
that I b^ your Lordships directions how the expenoe of this work shall
be paid: I find that the Comm" and Surveyors sent out in 1711 on the
same service, were paid out of the Quit Rents by a warrant from the
Treasury and though they were then out only one month the Comm" had
one hundred pounds sterling each and the surveyors 20" per diem a man ;
and the present Gentlemen expect a proportionable allowance, and they
that concluded the line think and are thought to deserve more than he
that left them and came home. There are also sundry considerable charges
for men and Provisions; some with arms for their guard, chain carryers,
markers and other nece«sarv attendants. As these («uld not wait till
their Payment was directed from England that, and the charge of the
Provisions have l)een advanceil out of the 2* per hogshead the whole will
be above 1000<£. I hope to receive your Lordshii)s signification of His
Majesty's Pleasure both as to the Quantum to l)e allowed to the several
Gentlemen, and the fund for payment thereof two Comm" and two Sur-
veyors were out sixteen weeks, and one Commissioner alx>ut nine weeks.
* * * ' * *

4c 4c * * 4c 9ic

My Lords

Your Lordships

most dutiful most faithful &
most obedient humble servant

WILLIAM GOOCH.

Virginia

March 26"^ 1729.

[B. P. R. O. Proprieties. B. T. Vol. 12. R. 105.]

At a Court of Chancery March SI"*: 1729.

Present
Christopher Gale Jno. Lovick Edw** Mosely
Tho' Pollock Thom- Harvey Jn» Palin
Edm* Gale Esq"

14 COLONIAL RECORDS.

Gent I take this Occasion to recomend to You that speedy Care be
taken to dispatch and determine such matters in this Court wherein his
Majesty is any ways Concerned, particularly what relates to a Bill ffiled
some time ago by Edmund Porter E3sq' against Christopher Gale and
Jn** Lovick Esq" in the name of His Maj** Comm" of the Customs who
ought not and shall not be trifled with, by unnecessary delays.

Gent' I take this Opportunity likewise to inform you of my Order of
the first of Jan'' last past to Sec^ Lovick, Concerning his passing or giving
out any more Warrants or Patents after the time I had appointed, having
received Notice by a Ijctter from the Hon"* James Bertie and others
from Great Britain, a<x|uainting me with the Sale of this Province to
his Maj^ King George, I thought it a Duty incuml)ent on me to Prevent
the DisjKwing any more of the Soil till his Majesty's Royall Pleasure
was further known. These my Resolutions I have transmitted home to
the Sec^ of State for those j>arts a^d Gent as I shall not recede from
my first opinion, it is my i>ositive (commands that the said Jno. Lovick
Strictly obey the said Orders and in his Majesty s Name I expet»t every
Meml^er of this Councill will Concurr with me in proper Methods to
Oblige M' Ijovick to an exact observation of the same, and that he be
compelled to record the said Onlers as formerly Coinande<l, and a true
Copy thereof (attested as such) Delivered to me which hitherto the said
Ijovick has in a very Contemptable manner refused to do, Altho the
Recording of any Judicial Matter and giving Copys thereof are not
meerly (ex gratia Curia) to he granted or not to l)e granted at his Pleas-
ure Whose Business it is to Record and give Copys out of His Office
even of a private Letter or any other matter if so desired and paid for
by the Party requesting the same much more then sure it is too olxserved
when it is the Commands of a Governor in an affair Respeirting his
Majesty's Property

I must b^ leave Grent to desire a Copy of a Complaint or Charge I
am informed some of You have ex parte in a Secret and Clandestine
Manner sent home to, His Majesty against me in prejudice of my Char-
acter and Arraigning my Administration which it seems you compased
soon aft^r Your new fform of Governm* when ten of you olistinately
signed to a Proclamation for a Prorogation of the Gen* Biennial Assembly
to a longer time directly against my Consent or approl)ation and by that
means Occasioned a totall Disolution to the great prejudice of the Inhal>-
itants of this Country which proceedings all Mankind must needs think
very extraordinary and repugnant to the known Maxims of an English
Constitution.

COLONIAL RECORDS. 15

And lastly Grent I am to apprize you that a M' Robert Route Provost
Marshall under the I^ords Proprietors has departed this Governm* and
the Circumstances of Affairs Making it absolutely necessary to appoint
one in his Absence I have therefore Given a Commission to M' William
Williams of Edenton to Act as Provost Marsh* for him in his Absence,
and this Gent like all other Grovern" I have taken upon me to do with-
out the necessity of acquainting you with it. As to any by Laws of
this Country which by the Lords prop* orders and form of Constitution
are of no Longer duration than two Years unless (Confirmed by them)
gives equal Power with the Governor to every Member of the Councill
to nominate and appoint Officers and Magistrates in this Province in
case of a Vacancy, is a Law repugnant to the form of an English Gov-
emm* made with no other design than to impede and Lessen the Author-
ity of all Gov" and seems rather Calculated for the States of Holland
or Venice & therefore in itself null and Void.

I have hitherto G^nt Consulted you who were proper persons to fill
up Vacancys, and when I was a Stranger amongst ye I was grossly
imposed, and induced to put persons into Eminent Stations who were
flagrantly known (tho not at that time by me) for their Vice & Imoral-
ity Therefore Grent for the future I may Consult Your opinions as I
intend to do in things of this Nature when occasion suits but I hope
you will pardon me if I follow the Dictates of my own Reason in
appointing such Persons in Case of Vacancy whilst I am Gov' that I
think most deserving and this Resolution with all the several Matters
herein Contained I desire may be entered on record as it has been here read
and signed by me, and Whatever this Councill or any Member thereof
has to say in Answer to it, or any other Matter respecting my Conduct,
I desire the same may be reduced into writing and a Copy thereof being
first Publickly read and delivered to

Gent

Your Humble Serv*

RICH* EVERARD.

[From North Carolina Letter Book of S. P. G.]

GOV EVERARD TO THE BISHOP OF LONDON

No. Carolina April 14. 1729
May it please your Lordship

Tis with no small concern I send this to inform you. that our Church
is not built, nor is it like to be gone about for those men that were

16 COLONIAL RECORDS.

appointed cx>mmi8sioncr8 for the BuildiDg it have 600£ in their hands,
are now the only opi)osers of building one, I was, in order to the lay-
ing the foundation, chose Churchwarden with one M' Moseley we had
several meetings to consult about Building it but could not agree, being
always hindered by our Secretary, one M' Jn* Lovick a man of no reli-
gion, fears not God nor man believes, neither, seldom seen at any place
of Divine worship, his Money is his God, ridicules all goodness, while
such a man is in iK)wer, no good can be ex[)ected. his original was bred a
^Barber, brought up a foot boy & a Pimp to 2 of my Predecessors, but
enough of his Character. I lately met with a Gentleman who informs
me, one M' Sanderson who died about 10 years ago, left a will, & be-
queathed several hundred Acres of land. 10 Cows & Calves 10 Sows
5 Pigs sheep & Several Household goods to maintain a clergyman in the
Precinct of Curratuck in this Province, but these are embezzled by the
management of Lovick & others of his stamp by setting the will aside,
the Gent"" promised me the Copy, which as soon as it comes to hand shall
be sent to your Lordship, who shall command all the assistance, that
lyes in the power of my Lord

Your most dutiful son & obd* servant

RICH* EVERARD

[B. P. R. O. ViEGiKTA. Vol. 44. p. 22-23.]

LORDS OF TRADE TO LIEUTENANT GOVERNOR GOOCH.

Whitehall May 22'** 1729.
Sir

* 4c ♦ * 3*^ *

We are glad to find that the Commiss" for settling the Boundaries
between Virginia and North Carolina have made some Progress; and
we hope that the finishing thie Division Line will prevent the many

Inoonvenciences, which have hitherto happened for want thereof.

***** *^

Your very Loving Friends
and humble Serv**

WESTMORELAND
P DOMINIQUE
T PELHAM
THO FRANKLAND.

(X)LONIAL RECORDS. 17

[B. P. R. O. Virginia. Vol. 44. p. 32-33.]

A POPPLE TO M' SCROPE 5 JUNE 1729

To M' Scrope Secry to the Lords of the Treasury.
Sir

My Lords Comraiss" for Trade and Plantations command me to send
you the inclosed Extract of a Letter from Major Gooch Lieut : Gov' of
Virginia dated ye 26*** March 1729 wherein he desires, Orders may be
sent for the payment of the Charj^o of the Commiss" on behalf of the
Colony of Virginia, for running a Division Line l)etween that Colony
and North Carolina.

As this service was performed in Obedience to his late Majestys Order
in Council of 28*** March 1727, And as the same will encourage many
Grants of Land and New Settlement near those Bounds, to the great
increase of his Majestys Revenue of Quit Rents in Virginia, their Lord-
ships command me to desire, you will lay the same before the Lords
Commissioners of the Treasury for her Majestys Orders what Sum shall
be allowed for the charge of this Survey, and out of what Fund the

same shall be paid, I am

Sir,

Your most humble serv*

A POPPLE
Whitehall

June b"^ 1729.

[B. P. R. O. Proprieties. B. T. Vol. 12. R. 107.]

To the most noble Thomas Duke of Newcastle Secretary of State <&c.

May it please your Grace

Some time ago I made bold to trouble your Grace with an Informa-
tion concerning the Disposition of Lands in this Country, a Copy whereof
comes here inclosed, least the Original should miscrarry ; since the writing
of which <& &s I then imagined M' Lovick and the Surveyor General one
M' Edward Moseley have gone on roundly to dispose of His Maj^''
Soil, the former by giving out Warrants and Patents, and the later sur-
veying the same, notwithstanding the repeated Orders of S' Rich* Ever-

3

18 COLONIAL RECORDS.

ard, our Governor to the (x>ntrary which Orders have not only been
given to those two gentlemen separately but a Charge also to M' Lovick
in ©pen Council to obey the same.

Sir Richard on all these affairs has acted with the greatest regard to
his Majesty's Interest, and by that means has rather chosen to lose the
many Fees which accrue to him by signing Patentis, than to nin the haz-
ard of doing what might be prejudicial or disliked by his Majesty, tho
his Commission is at present from under the Lords Proprietors.

This cautious way of proceeding I believe S' Richard is in hopes will

meet with your Grace^s favourable opinion and Countenance and I Ireg

your Grace will be pleased also to receive this Information and all that

I have said or done herein as genuine, with a view purely for for his

Majesty's Service, a Duty I shall always think incumbent on

My Lord

Your Grace's &c

E. PORTER.
North Carolina,

June 15*** 1729.

[B. P. R. O. Proprtetieb. B. T. Vol. 12. R. 104.]

To the most Noble Thomas Duke of Newcastle Sec*^ of State &c.

May it please your Grace

As I thought my Self l)ound in Duty to acquaint your Grace of any
Matter w*** might seen prejudicial to his Maj*^" Interests in this Country,
was the motive that induct! me to trouble vour Grace with an Account
thereof, in a Ijetter or Memorial of the 7"* of April last past, in w"** was
inclose<l the Copy of my Charge to my C^ouncil on a Chancery Day,
together with an Order to M' John Ix)vick the present 8ei»retary, that he
should permit no more Warrants or Patents for Lands to pass out of his
Office till His Majesty's Royal Pleasure were therein known ; But if M'
Lovick being thirsty after an unreasonable Gain, & to make the most of
his Office before the King's Authority took Place, has had no regard to
such my Orders & Directions, & my Council not taking pro|)er Methods
in Concurrence with me as desir'd to suppress him, & there l)eing no
further Expedient left in me to prevent so unjust a Practice, as is daily
carrying on by this Lovick, & M' Edw* Mosely the Surveyor General
of Lands I conceived it necessary once more to apprize your Grace with

COLONIAL RECORDS. 19

it. Lovick continues hourly to fill up & give out Warrants & Patents
for large Baronies of Lands, & this Moseley I am credibly informed
(who is very Artful & a great Confederate of Lovick's where a Profit is
in View) has lately surveyed for himself twenty thousand Acres lying
contiguous on the head of a River called Trent in this Province, & has
likewise surveyed twenty thousand Acres for a Gentleman in Virginia,
in one body of Land on the Northern Parts of this Government for
which Warrants were procured by the help of ready Cash out of the
Secretary's Office I assure Y' Grace such Proceedings has l^een, & will
be very distructive to the settlement of this Place, & the means to pre-
vent many hundred poor People taking up small tracjts of Land at a
reasonable price that now will be obliged to purchase the same at second
hand <fe at a dear Rate, for that is the view in taking up such unreason-*-
able Bodies of Land in this Country, w*** in respect of its Situation to
the French and Spaniards on the Messicippy & the numerous savages
living near us may prove very fatal in the End.

I am lately informed notwithstanding the great exactness I have used
on all Occasions since my having the Administration of this Govern-
ment, to demonstrate my Affection, Duty & Loyalty to his late as well
as present Maj^ yet it seems this Lovick, Gale Chief Justice, & one
Wm Little his Son in Law, agreable to their wonted Practice, have either
sworn or sul)ornM others to swear a Matter or Charge against me, as tho,
I were disaffected to our ever happy & blessed Establishment in the most
Illustrious House of Hanover; But what the particulars of the Accusa-
tions really is, or what is made Oath to by those three perfidious Men I
am at a loss to Judge, having in Writing demanded a Copy thereof, as
Y' Grace will perceive by the inclossed Speech to my Council, but to this
Day I cannot obtain any.

This Sort of Treatment my Predecessor M' Geo : Burrington received
till by the help of a few ex parte Depositions, & by dint of swearing &
forswearing they prevailed with the Lords Propri" to remove him &
soon after it was my hard Fate to succeed in his Station, tho had their
L)rdp' then known as I believe they do since, what little Veracity ought
to be put on what those Persons swore, much less on what they said, M'
Burrington had not fallen under their Ix)rdp\s Displeasure. To conclude
I hope your Grace will excuse this tecb'ous Representation, & l)elieve me
when I assure you three more flagrant Villains never i^me out of the Con-
demnM Hole in New Gate for Execution at Tyburn; therefore agreable
to the Prayer of the People from all Quarters of this Country in whase
Name & in my own, I humbly desire & hope your Grace will l)e instru-

20 COLONIAL RECX)RDS.

mental in preventing their holding any Post or Office of Profit or Trust,
when we arrive to the Happiness of living under His Majesty's Auspi-
cious Governm* w^ kind Service will perpetuate Y' Grace's Memory
amongst us to future Ages, cfe will be an obligation of the greatest Con-
sequence to all the Inhabitants here & in particular to

My Lord
Y' Grace's most Dutiful

& Obliged Servant

RICH* EVERARD.
North Carolina

June 18"* 1729.

[B. P. R. O. Virginia. B. T. Vol. 44. p. 34.]

LORDS OF TRADE TO MAJOR GOOCH 20 JUNE 1729.
Sm

« :|c :|c 9ie *

We have likewise recommended to their Lordships what you write
about the paying of the Conim" for laying out the Boundaries l)etween
the two Colonies of Virginia and Carolina, so that you may Shortly
expect to receive his Majesty's Orders with respec?t thereto.

4c ♦ 4e :|c *

Your very Friends

humble serv**

E ASHE

T PELHAM

THO: FRANKLAND

M BLADEN

Whitehall ORL» BRIDGEMAN

June 20^ 1729.

[B. P. R. O. B. T. Virginia. Vol. 19. R. 124.]

WILLIAM BYRD TO THE LORDS OF TRADE.

Virginia the 27"» of June 1729.
My Lords, %

The honour I have of Imng known to mo.st of your Lordshipn gives
me the confidence to trouble you with this Letter I fear you w^ill think

COlX)NIAL RECORDS. 21

it a very long one but as it is an appeal to your Justice I hope you will
please to forgive me if I state my case in all its circumstances that your
Lonlships may be the clearer in your Determination

About 2 years since our Governour rwieived his Majesty's Order in
Council to appoint Commissioners who in conjunction with others to be
named for North Carolina should run a Dividing line between the two
Colonys. This line was to b^in at Corotuck Inlet and run a due west
course to the great mountains. In obedience to this order, our Governour
was pleased to name me, M' Fitz William and M' Dapdridge (all of the
Council for tlie better grace of the Business) to execute such commission.
Two eminent surveyors were likewise named to perform the mathemati-
cal part, M' Mayo who mj^de the accurate Map of Barbados, and M'
Irviu, we had also a power to take as many men as we should think
proper, both for the laborious part of the work and for our defence
against the Indians. We had also a Chaplain allowed us, both for the
benefit of Divine service and to christen the children on the Frontiers of
Carolina where they ai'e wholly destitute of a minister.

Being thus appointed, we sat out on the 27*** of February 172| to
Corotuck Inlet, where we met the Commissioners on the part of North
Carolina and having concerted the place of b^inning the allowance to
be made for the variation and other necessary Preliminarys we entered on
the Business the 27*** of March following. T'is not easy to conceive. My
Lords how much difficulty and fatigue we encountered in the low marshy
grounds that lay near tlie sea, our course being right forward, thro thick
and tliin and leading often through swamps and miry places not practi-
cable for horses for many miles together. Our way lay through the
widest part of the Dismal which is a dreadful swamp of vast extent not
less than 30 miles long and 15 in breadth. No humane creature ever had
the Resolution to pass over this inhospitable Bogg before, and we found
it so intolerable that I believe no man will ever be so hardy as to pass it
again Your Ijordships will incline to the same Opinion when I assure
you that with the utmost diligence we cou'd use it took us up full ten
days to mark and measure that small distance. However we had patience
enough to overcome tliis and all other difficulties that stood in our way.
We caiTied on the business with very great alacrity and success til the
brining of April when the weather grew warm enough to give life and
vigour to the Rattlesnakes. This obliged us to discontinue our work til
the return of the (x>ol scuson, which (H)uld not happen til September

Accordingly we met again on the 20* of that month at the place where
we had left oil' and pursued the line with all the Industry we were able.

22 COLONIAL RECORDS.

And now My I^ords for variety we had quite different hardships to
undergo, which were however as discouraging as those in our former
Expedition. Great part of our journey lay through wild woods without
path and without any Inhabitants except only Panthers, Bears, Wolves
and other savage beasts. In many places we were forced to scuffle
through Thickets so intolerable that it was as much as our hands cou'd
do to save our Eyes in our heads. At other times our h'ne carried us
over steep liills & stony Precipices to the no small hazzard of our Necks.
Nor was this all our danger but we were constrained to ford very often
over unknown Rivers, where the stream was rapid, and the Bottome
paved with Ro(;ks as slippery as glass so that t'was hardly possible for
horses to keep their feet. Foreseeing the difficulty of these ways for
Baggage horses we carried no provisions with us but Biscuit, depending
entirely on Providence for other subsistance. Our lodging was in tlie
open air, and our Drink water: but what was worse than all the rest by
the time we approached the mountains our horses were so jaded that we
were obligetl to walk great part of the way home on foot and that in
Boots for fear of Buslu^ and vermine. However we bore up against all
these Inconveniences not only with constancy but (cheerfulness determin-
ing that nothing should discourage us from ol>eying his Majestys order
in the fullest extent. And we endured it all with the more Patience
because our endeavours were blest with very uncommon success. We
had no Distemper no Disaster of any consequence befell any of the Com-
pany during the whole time, and we brought all tlie people Iwu^k in bet-
ter health than when they went out Nay for 16 weeks no man tliat was
with us ever wanted a meals meat so lK>untifully did Providence supply
us day by day in the barren Wilderness. Our Governor has had the
honor to write to your I»rdshii)8 upon this subject and to transmit the
Map and the Journal of our Proceedings by which you will be the l)etter
able to judge of the service we performed and of the Fatigue we under-
went. But as this has happened by his Majesty's special direction he is
unwilling to determine what pay we ought to have, l>ut desires to be
directed by your I^ordships both as to the Quantum and by whicli of our
2 Revenues this Charge ought to be defrayed whether by tliat of the
Quitrents or by that of the Two shillings '^ Hogs head?

As to the firet of these Questions, how much the Commissioners ouglit
to have for the trouble and exj)ence of this Ex{)edition your I»rdships
have a Precedent to go by which we humbly hope will guide your Opin-
ions in this case. In the year 1710 two Commissioners Phillip Ludwell
and Nathaniel Harrison Esq" were appointed by our Governor and

COLONIAL RECORDS. 23

Council to do this very Business. These Gentlemen went to Corotuck
Inlet in order to bqijin from thence: but not being able to agree with
the Commissioners of North Carolina they returned without perform-
ing any thing. However they having been out 4 weeks and it not being
their fault that nothing was done they were paid by an order from Eng-
land one hundreil pounds sterling each. Now if those Commissioners
were allowed £100 for 4 weeks without enduring any hardship or doing
any service I humbly submit it to your Lordships how much we ought
to have, who were 16 weeks out, underwent all manner of fatigue and
performed the Business faithfully & effectually which we had the honour
to be imployed upon. The surveyors likewise hope they may be consid-
ered in the same proportion that the former surveyors were, namely 20
shillings a day which I think they deserve for the great fidelity & exact-
ness with which they discharged their duty. And our Chaplain M'
Peter Fontain hopes he may have as much as the surveyors, having
been very diligent in his Function & having christened above an hun-
di*ed children among the Gentiles of North Carolina.

Then my Lords as to the second Question out of which Revenue this
money ought to be paid I humbly conceive your Lordship will think it
most reasonable that it be paid out of the Revenue of 2 shillings "^
Hogshead since that was given to defray both the constant and acci-
dental charges of this Government. And the rather because this Fund is
now in very good condition having several Thousand Pounds in Bank
and in no danger of l)eing deficient. Indeed formerly when this Reve-
nue happened to fall in arrear (which was the case when the Payment
was ordered to the Commissioners alx>ve mentioned) such services have
been defrayed out of the Revenue of Quitrent. But at present the case
is quite otherwise and there is a large summ in Bank of the Two shil-
lings "^ Hogshead and consequently the present charge may he more
naturally lx)rn by that Revenue and the rather l>ecause the Quitrcnts have
lately been reserved for more important services.

This my Lord is a faithfull state of our case nor can I imagin that
our Pretentions can be at all prejudiced by the purchase that has been
since made of Carolina by the Crown Since what we did was by his Maj-
esty's express commands. And notwithstanding such Purchase this
work will still prove very advantagious to the Publick by discovering a
fine Country which will soon be taken up as far as the great mountains
whereby the strong Barrier will be secured to his Majesty's subjects.
Besides our line will remain a lasting Boundary l)etween the 2 Colony s
which can never conveniently be united into one Government.

24 COLONIAL RECX)RDS.

And now I ought to ask your Ix)rd8hip8 ten Thousand Pardons for
giveing so long an interniption to your attention to the Publick ser-
vice. But as I could not make my case shorter without prejudicing the
Justice of it I hope you will be pleased to excuse me, and to believe that
I am with all the Respect in the World

My Lords

Your Lordships

most obedient humble servant

W. BYRD.

[B. P. R O. B. T. Virginia. Vol. 19. R. 120.]

LIEUT: GOV: GOOCH TO LORDS OF TRADE

June 29*** 1729.
My Lords

I forgot in my last among the allowances for the gentlemen employed
in running the Boundaries to nlention that of a Chaplain whom I ap-
|X)inted to attend that service and who deserves his Majesties considera-
tion when the payment of that work sliall l)e ordered. It was very nec-
essary a Clergyman should be sent out with such a number when they
were to pass through a Countrj' where they could not have the opj)ertu-
nity of attending the publick Worship and the report that a gentleman
made to me sufficiently proves how well he answered my purpose in send-
ing of him ; for he Christened above an hundred children, a great many
adult persons, and preached to Congr^ations who have never had pul>-
lick Worship since their first Settlement in those Parts, such is the
unhappy state of those poor Inhabitants who possess the borders of our

Neighbouring Province, in which there is not one Minister.

********

My Lords
Your Lordships

most faith full and most

obedient humble servant

WILLIAM GOOCH

COLONIAL RECORDS. 25

[B. P. R. O. B. T. Proprieties. Vol. 32. p. 3.]

LORDS OF TRADE TO DUKE OF NEWCASTLE

8 July 1729.
To his Grace the Duke of Newcastle

My Lord,

Having received an Address from the Council of North Carolina

relating to the conduct of the Governor of that Province which contains

matter of a very extraordinary & heinous nature We thought it our

duty without loss of time to transmit the said address to your Grace that

you may lay the same before the Queen that her Majesty may signify

her Royal pleasure thereupon

We are

My Lord

Your Grace's

Most obedient and

most humble Servants

T. PELHAM

W. BLADEN

Whitehall W. CARY.

July S"^ 1729. '

[B. P. R. O. Proprieties. B. T. Vol. 12. R. 99.]

AT THE COUNCILL CHAMB' WHITEHALL THE 3P* DAY

OF JULY 1729.

By a Committee of the Lords of His Majesty's Most Honoble Privy
Council 1.

Her Majesty having been pleased to referr unto this Committee the
humble Address of the Members of North Carolina, containing Com-
plaints against S' Richard Everard — Governor of that Province — The
Lords of the Committee this day took the said Address into their Con-
sideration, and are hereby Pleased to referr the same, to the Lords Com-
missioners for Trade and Plantations to Examine into the Allegations
thereof, and Report their Opinion thereupon to this Committee.

EDWARD SOUTHWELL.
4

26 COLONIAL RECX)RDS.

[B. P. R. O. Pboprietibs. B. T. R. 100. No. 12.]

AT THE COUNCILL CHAMB' WHITEHALL THE 31-* DAY

OF JULY 1729.

By a Committee of the Lords of His Majesty's Most Honoble Privy

Councill

Her Majesty having been pleased to referr unto this Committee a Let-
ter from S' Richard Everard Governor of North Carolina transmitting
a Copy of his Orders and resolutions delivered to the Councill of that
Province at a Court of Chancer)' held on the 31'' of March 1729, relat-
ing (amongst other things) to the Putting a Stop to the granting of
Lands till his Majesty's Pleasure should be Known concerning them, and
also to the filling up of Vacant Places within that Government The
Lords of the Committee this day took the same into consideration,
and are hereby pleased to referr the said Letter, togetlier with the Copy
of Governor Everard's Orders and Resolutions, to the Lords Commis-
sioners for Trade and Plantations, to Examine into the same, and Report
their Opinion thereu|X)n to this Committee.

EDWARD SOUTHWELL.

[B. P. R. O. Proprieties. Vol. 12. R. 100.]

May it Please Your Grace

In Jan^ last being in such a State of Health that I could not do my-
self the Honour to Write to Your Grace I got M' Etlm. Porter our
Judge of the Admiralty of this Provinw to transmitt to you a Copy of
my Order to one M' John Ix)vick acting as Secretary here under the
Lord Proprietors of this Country forbiding him Issuing out any more
Warrants or Patents for Land till His Majesty's Pleasure were further
Known which Notwithstanding the thing was *a disadvantage to myself
Yet I conceived it my Duty as Governor so to do after Hearing our
Gracious King had made a Purchase of the Soyl tho such my Orders
have been of Little or no Effect the said Lovick not regarding them as
by a Letter under his hand afterwards sent me and being well informed
since that he still out of an Avaritious View, continues to Emitt such
Warrants and Patents for I^and, I again Repeated my Comands in Open
Councill the 31** of March last Read and Delivered to be Recorded at

COLONIAL RECORDS. 27

the said Board, a true Copy thereof comes herewith Inclosed, at which

time the Members of My Councill broke up in great Pett, and have not

since been so mannerly as to give me an Answer, but Caviled with me

concerning my Authority in case of Vacancy in appointing a Provost

Marshall which occasioned an entire Overthrow of all Proceedings in

Chan(!ery. I thought it necessary to give Your Grace this Information

least His Majesty's Interest should suffer, there having l)een for severall

Years j>ast very corrupt doings in the Seqretary's office of this Country

Concerning the Lands Transacted by the aforesaid Lovick and M' Ed**

Moseley Surv' Gen" as formerly set forth by M' Ekl. Porters Memorial

to Your Grace, and it is my humble Opinion an Officer as Receiver

Gen" of the Quit Rents with a Power of Inspecting into the Clandestine

Disposition of I^ands would be at this time Highly Necessary I'm with

all due Regard and Respect

My Lord Your Graces

Most Obedient and Obliged

Humble Serv'

RICH* EVERARD

[B. P. R. O. Proprieties. B. T. Vol. 12. R. 102.]

To the Right Hon"' John Lord Carteret Palatin & the rest of the true
& ab-solute Lords Proprietors of Carolina.

I did my Self the Honour about a Year & half since to send your I^ord-
ships a representation of the State & Condition of this your Province (then
under my Government) containing an Exact Account of y* Scituation of
all affairs relating to your Lordships Interest in particular and the Coun-
try in general, with every thing done in the Administration from my
Arrival to that time, this I sent by Ope M' Durley from Carolina, he also
carried an Address from the Assembly to your Lordships, & some I^et-
ters I had received from the Gov' of Virginia concerning the Boundarys
of the Two Governments, & aboundance of Letters from other persons this
M' Durley received many other favors & Civilitys from me, therefore
conclude<l he would faithfully perform his Promise in delivering the Let-
ters I entrusted him with, but to my great Suprise am lately informcil by
some Gentlemen here (who have received Ijctters from London of a fresh
date) that he either gave the said Writings to Lovicks Brother in Ix)ndon
or destroyed them.

At my return to this place ailer my first Jorney to Cape Fair River
in a long Letter I sent your Ijordships a Description of that part of

28 COLONIAL RECORDS.

Carolina with my Advice & Opinion concerning the settleing thereof and
Granting the Lands Also my resolution of going there when October
Court was over, & staying till March Court came to induce & Encourage
People to settle on that River Your Lordships had in this Letter a large
relation of the Conduct & Behaviour of Chief Justice Gale, Secretary
Lovick, & some others in the Council, of M' Edens Will, & the Law
Suite thereupon l)etween M' Roderick Lloyd <fe Lovick Executor in Trust
of the said Will, Lovicks injustice in not paying the debts & I^egaciesof
M' Iklen, & detaining the residuum from the Heir at Law ; I omitted
nothing worth your Lordships Notice that had passed here after tlie date
of my first writing, this Pacquet was recommended to the care of a Mer-
chant in New P]ngland named Armory I am yet ignorant, whither it had
better success then the first. I must acquaint Your Lordships that dure-
ing the two years 1 have been here I have received but one Letter in
Answer to some Hundreds sent to England, that Letter came into the
hands of a gentleman in Virginia who detained the same till a Messinger
from me went on purpose for it.

When 1 came first into Carolina there was a great Mortallity among
the Cattle mast Plantors lost above half their Stocks which i-aised the
price of Oxen & Cows double to what they had been before, a mighty
Storm in the preceeding Autumn destroywl their Corn insomuch that
there was almost a famine in the land the Year following on the 19*** of
August we had another which had the same eifect these mischievous
winds raised the price of Corn to five times the usual rate. Pork from
45s "^ Barr*** was sold for Five & Six pounds. Never the less a Thousand
fiamilys came to live in Carolina in the time of my Administration, a far
greater number would have done the same had they not heard of the Scar-
cety of provisions we laboured under. The Militia was in strange disor-
der, in most places no Officers, in other very unfit persons, this I r^ulated
to the satisfaction of all People. The Justices of the precinct Courts were
mostly illeterate persons, & of no Authority for which reason I prevailed
on Co" Mosely, Co" Harvey, Co" Swan, Co" Maule, & other CJentlcmen
to preside in the Courts of the precincts where they livetl, by this means
Justice was duely administred, & all disorders in those Courts (very fre-
quent before) immiHliat^ly ceased, no complaint was made to me & the
Council, nor Suit brought against any Officer Civil or Military, after the
new Commissions were given out in March & April the preceeding Year.

There is great plenty of provisions & Grain this year in Carolina every-
thing is at a low rate Yet I have not heard of One man come to live in
this Country since the change of Government, We did expect five or six

COLONIAL RECORDS. 29

hundred familys in the New Country, but I fear we shall not now be
above a tenth part of that Number S' Richard Everard your present
Grovern' came into Carolina in last July he took the Government upon
him without acquainting me of his Commission, or Arrival altho' I was
in the Town when he I^anded, I had made preperation to haven given
him an Entertainment but his incivility saved me that trouble, his
behaviour to me has been very unmannerly & base ever since, yet the
respect I still preserve for your Interest & the good of the Country was
the cause that I gave my Self the trouble to talk with him upon the
posture of Affairs in this province, I took an Occasion to tell him that
if he j)ersever'd in following the Advice of Gale, Lovick & their Gang,
he would never prosper, I also assui*eil him in the approaching bennial
Assembly I would use my Utmost to procure what Advantages I could
for him so took my Leave & went to Cape Fair, when I returned to this
Town the last of October, I was informed he had made a redicule of my
Advice therefore I have not taken the least notice of him since I shall
not trouble your I^ortlships with any more about S' Richard in this paper
(the Country haveing appointed Agents to inform you at large of his
proceedings) but that he is over throwing all Order & good Government,
many Gentlemen, have given up their Commissions publickly declareing
their Contempt of him & his Actions.

Great Improvements have been made since I knew the Country in
husbandry, the unsettledness of Trade has been the Subject of my dis-
course many days among the mcxst Sul)stantial Men, the conclusion ended
in a resolution to buy Vessels & carry on a sufficient Trade to Jamaica
to Supply the Country with Rum, M olossus Salt &c. My removal has
put an end to this, & many other designs, several Mastei's who sailed
their own Vessels had Ixnight land with design to bring their ffiimilys
here have now changed their minds. I must inform Your Ijordships
that there is in the hands of the Publick Treasurer & Receivers alx)ve
Two thousand Pounds altho there has been no Tax besides the common
Levy of five Shillings ^ head, which before my time did not defray the
publick Charges.

I always made it my Study (while Grovern') to serve Your Lordships
& this Country to the Utmost of my ability the hardships I have gone
thro by Land & Water have been very severe, I have sometimes narrowly
Escaped starving many times drowning, all my Expeditions were at my
own proper Cost and Charges, I should give your Lordships too much
trouble if I Enujuerated the Losses I have sustained since I left London
for which reason shall say nothing on that lu^d, I brought a large
flFamily of Servants which I maintained out of my own Stock, the Salary,

30 COLONIAL RECORDS.

ffees & Perquisites of this Governm* were not more worth me iu
Eighteen Months then I could make of One hundred Pounds well laid
out iu England would produce here, this was Occasioned by some Acts
of Assembly passed the November l)efore my Evil Destiny brought me
into Carolina.

I know but one thing Your Ijordshijxs can take amiss from me, which
was my appointing Naval Officers, Dunstans ill Ix'haviour Obligetl me
to do so, l)esides you well know it was my Right, I have heard of many
Men who have tryed matters of Pmperty with Kings and Queens of
England without being thought 111 Subjects if any Proprietor had spoken
a word to me in this man's favor in r(*spect to the Naval Officer of any
Port in Carolina I should most willingly have given it him, but how
he can Ixi Naval Officer to four Port.*< (there being so many here) passes
the understanding of all People in these part*?.

I stay in this Country in Expi>(^tacon the Complaints of Gale & Lov-
ick against me will 1x5 sent to Carolina, which I shall he able to prove
false and Scandalous ; I give your liordships my wonl the I^aw Suit
between M' Llovd and Ix)vic»k has Ix^en the chief owiLsion of difference
here, (if not the only one) a large jwirt of Govern' E<lens Eiitate is
reported to be gone into the hands of Affidavit Men and others as bad,
it is my Opinion M' Lloyd will never gt»t a Shilling thereof, if your
Lordshijys make another Secretary, I think Ijovick will Lovick will
leave the King's Dominions; I shall tarry in these part^ untill next
April, have nothing to do here, its only to wait for an Op|>ertunity of
clearing my Character if sullied by any <me.

Had Your Ix)rdships Unm pleased to let me know the ixason why you
removed me, it would have lx»en a great satisfaction, for my own j>art as
I know not any cause vou had for it, am at a loss what induceil von to
take so hasty a i:esolution of appointing a New Govern', Ijovick & Gale
with their Crew are Capable of acting or saying any thing, if they have
aci'used me I think I ought to know what they have laid to my Chai'ge
if these Men Tax me with any thing unjust, or dishonounible and I am
not able to justify myself I will patiently submit to ho a Sjicrafict* to my
own folly & Ignorance, but on the wuitrary of your Lordships fiml that
I have behaved uprightly and in all things as l)ecomcth a Man of hon-
our I shall rettjive reparation & satisfaction from Your Ijonlships.
I am

Your Most humble

and Most 01)edient St^rvant

GEO. BrRRINGTON.
[Aug., 1729.]

COLONIAL RECORDS. 31

[B. P. R. O. B. T. Proprieties. Vol. 32. p. 5.]

LORDS OF TRADE TO THE PRIVY COUNCIL

2 SEPTEMBER 1729.

To the Right Hon"' the Ijords of the Committee of his Maj. most Hon***
Privy Council

My Lords,

Pursuant to your Lordships Orders of the 31"* of the last month
referring to us the copy of an Address from the Members of the Coun-
cil for the Province of North Carolina containing complaints against Sir
Richard Everard Deputy Governor of that Province as likewise the
copy of a letter from Sir Richard Everard to his Grace the Duke of
Newcastle with a copy of Sir Richard's Orders & Resolutions delivered
to the Council of North Carolina relating to J;he granting of Lands
there and the filling up of vacant places within that Government, We
have considered the said several paj)ers whereupon we take leave to
inform your Ijordships that upon the receipt of complaints against Gov-
ernors or other Officers in His Maj. Colonies in America We generally
propose that copies of these complaints should be interchangeably com-
municated by each party to the other for their respective answers upon
fiill liberty on both sides freely to examine witnesses upon the place
where no proofs are produced here in support of their all^ations But
the charge against Sir Richard being of so high & heinous a nature with
respect to his Maj. Royal person & government and so unbecoming a
person to whose care the said Province has been committed whereof how-
ever no proofs are transmitted to us; W^e humbly propose that the Gov-
ernor who we presume will soon be nominated for North Carolina have
copies delivered to him of these complaints and be directed to make strict
enquiry into the truth thereof that exemplary justice may be done accord-
ing to the nature of the offences said to have been committed.
We are
My Lords

Your Lordships
most obedient and

most humble Servants

MARTIN BLADEN

P. DOMINIQUE

W. CARY

Whitehall T. FRANKLAND

Sepf 2* 1729.

32 COLONIAL RECX)RDS.

[Reprinted from Revised Statutes of North Carolina, Vol. II, Page 466.]

AN ACT FOR ESTABLLSHING AN AGREEMENT WITH
SEVEN OF THE LORDS PROPRIETORS OF CAROLINA,
FOR THE SURRENDER OF THEIR TITLE AND INTER-
EST IN THAT PROVINCE TO HIS MAJESTY.

Whereas, his late Majesty King Charles the second, by his letters pat-
ent under the great seal of Great Britain, bearing date at Westminster,
in the fifteenth year of his reign, did grant and confirm unto Edward,
then Earl of Clarendon, George, then Duke of Albemarle, William, then
Lord Craven, John, tlien Lord Berkley, Anthony, then Lord Ashley,
Sir George Carteret, Knight and Baronet, Sir William Berkley, and Sir
John Colleton, Knt. and Baronet, all since deceased, their heirs and
assigns, all that Territory or tract of ground, situate, lying and being
within his said late Majesty's dominions in America, extending from tlie
North end of the island called Luekar island, which lieth in the Southern
Virginian seas, and within six and thirty degrees of the Northern lati-
tude, and to West as far as the South seas, and so southerly as far as the
river St. Matthias, which bordereth upon the Coast of Florida, and
within one and thirty degrees of Northern latitude, and so West in a
direct line as far as the South seas afoi-esaid, together witli all and singu-
lar ports, harbours, bays, rivers, isles and islets, belonging unto the
eountr}' aforesaid, and also all the soil, lands, fields, woo<ls, mountains,
farms, lakes, rivers, bays and islets, situate, or l)eing within tlie bounds
or limits aforesaid, with the fishing of all sorts of fish, whales and stur-
geons, and all other royal fishes, in the seas, l)ays, islets and rivers within
the premises, and the fish therein taken, and nu»rtH>ver all veins, mines,
quarries, as well disco veixxl as not disi'overed, of gold, silver, gems and
precious stones, and all other whatsoever, whether of stones, metals or any
other thing whatsoever, found or to be found, within tlie country, isles,
and limits aforesaid, and also the patronages and advowsons of all
churches and chappels, which as Christian religion should increase within
the countrj', isles, islets and limits aforesaid, should happen thenaft<?r to
be erected, together with license and power to build and found churches,
chappels, and oratories, in convenient and fit places, within the said
bounds and limits, and to cause them to be dedicated and consecrated,
according to the fkx'lcsiastical laws of the Kingdom of England, together
with all and singular the like and so ample rights, jurisdictions, privi-

CX)IX)NIAL RE(X)RDS. 33

ledges, royalties, prerogatives, liberties, immunities and franchises of
what kind soever, within the country, isles and limits aforesaid, to have,
use, exennse, and enjoy, and in as ample manner as any Bishop of Dur-
ham in the Kingdom of England, ever thentofore had, held, used or
enjoyed, or of right ought or could have, use or enjoy ; and his said late
Majesty did thereby for himself, his heirs and successors, make, create,
and constitute the said Edward, Earl of Clarendon, George, Duke of
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lonl
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colle-
ton, their heirs and assigns, the true and absolute Lords and Proprietors
of the country aforesaid, and all others the premises, (saving as therein
is mentioned,) to have, hold, possess, and enjoy, the said country, isles,
islets, and all and singular, other the premises, to them the said Edward,
Earl of Clarendon, George, Duke of All)emarle, William, Lonl Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, their heirs and assigns forever,
to be holden of his late said Majesty, his heirs and successors, as of his
mannor of East Greenwich in the county of Kent, in free and common
soccage, and not in capite, or by knight's service: And whereas, his late
said Majesty, King Charles the second, by other letters patent, under the
great seal of England, bearing date the thirtieth day of June, in the
seventeenth year of his reign, reciting the letters patent herein first
recited, did grant unto the said Edward, Earl of Clarendon, Greorge,
Duke of Albemarle, William, Lord Craven, then Earl of Craven, John,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkley, their heirs and assigns, all that
Province, territory or tract of ground, situate, lying, and being within
his said late Majesty's Dominions of America, extending North and
Eastward, as far as the North end of Carahtuke River or Gullet, upon
a strait Westerly line to Wyonake Creek, which lies within or about the
duress of thirtysix and thirty minutes North Latitude, and so West in
a direct line as far as the South Seas, and South and Westward, as far
as the decrees of twentynine inclusive. Northern latitude, and so West
in a direct line, as far as the South Seas, together with all and singular
ports, harbours, bays, rivers and islets belonging unto the Province or
Territory aforesaid, and also all the soil, lands, fields, woods, farms, lakes,
rivers, bays or islets situate or being within the bounds or limits afore-
said last before, with the fishing of all sorts of fish, whales, sturgeons,
and all other royal fishes in the seas, bays, islets, and rivers, within the
Premises, and the fish therein taken, together w^ith the royalty of the

5

34 CX)LONIAL RECORDS.

sea upon the coast, within the limits aforesaid, and all veins, mines and
quarries, as well discovered as not discovere<l, of gold, silver, gems and
precious stones, and all other whatsoever, be it of stones, metals, or any
other things, found or to be found, within the Province, territory, islets
and limits aforesaid, and furthermore the patronages and advowsons of
all churches and chappels, which as Christian religion should increase
within the Province, territory, isles and limits aforesaid, should hapi>en
thenafter to be erected, together with license and power to build and
found churches, chappels, and oratories in convenient and fit places
within the said bounds and limits, and to cause them to be dedicated and
consecrated according to the Ecclesiastical laws of the Kingdom of Eng-
land!, together with all and singular the like, and as ample rights, juris-
dictions, priviledges, prerogatives, royalties, liberties, immunities and
franchises of what kind soever, within the territories, isles, islets, and
limits aforesaid, to have, hold, use, exercise and enjoy the same, as amply
and fidly and in as ample manner, as any Bishop of Durham in the
Kingdom of England ever thentofore had, held, used or enjoyed, or of
right ought or could have, use or enjoy ; and his said late Majesty, did
thereby for himself, his heirs and successors, make, create, constitute and
appoint them the said Edward, Earl of Clarendon, George, Duke of
Albemarle, William, Earl of Craven, John, Ix)rd Berkley, Anthony,
Lord Ashley, Sir (Jeorge Carteret, Sir John Colleton, and Sir William
Berkley, their heirs and assigns, the true and absolute Lords and Pro-
prietors of the said Province or territory, and of all other the premises,
(saving as therein is mentioned,) to have, hold, possess and enjoy the said
Province, territory, islets, and all and singular other the premises, to
them the said Etlward, Eiarl of C-larendon, George, Duke of Albemarle,
William, Earl of Craven, John, I^ord Berkley, Anthony, I^)rd Ashley,
Sir Gei>rge Carteret, Sir John Colleton and Sir William Berkley, their
heirs and assigns forever, to he holden of his said Maj(«ty, his heirs and
suci^essors, as of his mannor of East Greenwicli aforesaid, in free and
common soccage, and not in capite, or by Knight's s(»rvic»e, as in and by
the said several late recited letters patent, relation being thereunto had,
may appear; And whereas, the part, share, interest and estate of the
said Edward, late Earl of Clarendon, of and in the Provinces, territo-
^ries, islets, hereditaments and premises, in and by the said several recMted
letters patent granted and comprise<l, is now come unto and Vesteil in
the Honorable James Bertie, of the parish of St. John the Evangelist,
in the liberty of Westminster, in the county of Middlesex, Esijuire, of
his own Right; and the part, share, interest and estate, of the said

COLONIAL RECORDS. 85

George, late Duke of Albemarle, of and in the same premises, is come
unto and vested in the most noble Henry now Duke of Beauford, and in
the said James Bertie, and the Honourable Dodington Greville, of Bul-
ford, in the county of Wiltz, Esquire, the two surviving Devisees named
in the will of the most noble Henry late Duke of Beauford, in trust for
the present Duke of Beauford, and for the right honourable Charles
Noell Somerset, his brother, an infant; and the part, share, interest and
estate of the said William, late Earl of Craven, of and in the same
premises, is come unto and vested in the right Honourable William now
Lord Craven ; and the part, share, interest and estate, of the said John
late Lord Berkley, of and in the same premises, is now come unto and
vested in Joseph Blake, of the Province of South Carolina, in America,
Esquire ; and the part, share, interest and estate of the said Anthony,
late Lord Ashley, of and in the same premises, is now come unto and
vested in Archibald Huti^heson, of the Middle Temple, London, Esquire,
(in trust for John Cotton of the Middle Temple, Loudon, Esquire,) and
the part, share, interest and estate of the said late Sir John Colleton, of
and in the said, premises, is now come unto and vested in Sir John Colle-
ton, of Exmouth, in the cx)unty of Devon, Baronet; and the part, share,
interest and estate of the said late Sir William Berkley, of and in the
same premises, is now (x)me unto and veste<l in the Honourable Henry
Bertie, of Dorton, in the county of Bucks, Esquire, or in Mary Danson,
of the Parish of St. Andrews, Holbourne, in the county of Middlesex,
Widow, or in Elizabeth Moor, of London, Widow, some or one of them ;
and the said Henry now Duke of Beauford, and the said James Bertie
and Dodington Greville, as trustees in manner aforesaid, some or one of
them, is or are seized in fee of and in one full undivided eighth part,
(the whole into eight equal parts to he divided) of the premises, in and
by the said rec^ited letters patent, granted and comprized ; and the same
James Bertie, in his own Right, is now seized in fee, or of some other
estate of inheritance, of and in one other full undivided eighth part; and
each of them the said William Ijord Craven, Joseph Blake, Archibald
Hutcheson, as trustee for the said John Cotton, Sir John Colleton, and
the said Henry Bertie, Mary Danson, and Elizabeth M(K)r, some or one
of them, is or are respectively seized in fee, or of some other estate of
inheritance, of and in one other full undivided eighth part, of and in the
said Provinces, territories, and premises, islands and hereditaments; the
remaining eighth i)art or share of and in the said Provinces, territories
and premises, which formerly lx»longing to the said Sir George Carteret,
being now vested in the right Honourable John Lord Cartere*t, Baron of

36 COLONIAL RECORDS.

Hawes, his majesty's Lieutenant General and Governour of the King-
dom of Ireland ; And whereas, by a Judgment or Order of the House
of Lonls, made the twentyseventh day of March, last past, upon the
appeal of the said Mary Danson, Widow of John Danson, Esquire,
deceased, from a decree of the high Court of Cliancery, made the seventh
day of November one thousand seven hundred and twenty one, and from
a subsequent order of the fifteenth day of January, one thousand, seven
hundred and twentythree, it was ordered and adjudged, that the said
decree and subsequent order, complained of in the said appeal, should be
reversed ; and it being offered on the part of the appellant, to pay the
respondent, the said Henry Bertie, the money that he paid for the pur-
chase of the Proprietorship, in question in the said cause, together with
interest for the same, it was thereby further ordered, that the Court of
Chancery should direct and cause an enquiry to be made, what was the
principal sum of such purchase money, and from the time of payment
thereof, to compute the interest for tlie same ; and on the appellant's pay-
ment of what shall he found due for such principal money and interest,
to the said Henry Bertie, it was further ordered and adjudged. That he
shall convey tlie said Proi)rietorship, te her and her lieirs, and also that
the respondent Elizabeth Moor, should likewise by proper conveyances,
at tlie charge of the appellant, convey all lier Right to the said Proprie-
torship, to the appellant, and her heirs ; And whereas, since the making
of the said recited several letters patent, the Lords Proprietors of the
Provinces and Territories aforesaid, for the time being, have made divers
grants and conveyances, under their common seal, of several Offices, and
also of divers parcels of land, situate within the said Provinces and ter-
ritories, to several persons, under certain quit rents, or other rents, thereby
respectively reserved, and subject to several conditions, limitations or
agreements, for avoiding or determining the estates of the Grantees therein
mentioned, some of which may have become forfeited, and have also
made divers grants of several Baronies, or large tracts of land, lying
within the said Provinces or Territories, unto and for the use and benefit
of several of tlie Lonls Proprietors, or those under whom they claim, to
be held and enjoyed by them and their heirs in severalty ; eight of which
Baronies, so granted as aforesaid, do now remain vested in the said Henry
now Duke of Beauford, or in the said James Bertie and Dodington Gre-
ville, as trustees for tlie purposes aforesaid, or in some or one of them ;
eight other of the said Baronies in the said William I^rd Craven ; six
of the said Baronies in the present Sir John Colleton ; six other Baronies
in tlie said Archibald Huteheson, (as trustee for the said John Cotton ;)

COLONIAL RECORDS. 37

and six other Baronies in the said Joseph Blake; each of the said Baro-
nies containing or being mentioned or intended to contain twelve thou-
sand acres of land, or thereabonts, except one of the said Baronies now
vested in the said William Lord Craven, which contains, or is mentioned
to (X)ntain eleven thousand acres of land or thereabouts; And whereas,
the said Henry, now Duke of Beauford, William, Lord Craven, James
Bertie, Henry Bertie, Sir John Colleton, and ArcJiibald Hutcheson, (who
is trustee for the said John Cotton, as aforesaid,) being six of the present
Ix>rds Proprietors of the Province and territory aforesaid, have by their
humble petition, to his Majesty in Coumnl, offeral and proposed to sur-
render to his Majesty, their said respective shai*es and interests, not only
of and in the said Govenmient, Francrhises and Royalties, in and by the
said recited letters patent granted, but also all the right and pn)perty they
have in and to the soil in the aforesaid Provinces or territories, under the
said several recited letters patent, or either of them ; and also did further
propose to make an entire surrender to his Majesty of their right to all
the lands which they hold under the said grants, made by the Ix)rds
Proprietors as aforesaid, (except only one Barony, belonging to
the present Sir John Colleton, which hath been settled and im-
proved by his son) and also their right and interest in all lands,
granted and conveyed to other persons as aforesaid, which, by not
being improved within the time limited in the said grants or con-
veyances, or for any other reason, would revert to them, praying;
That in consideration of such surrender, his Majesty would be pleased
to direct, and to cause to be paid to each of them, the said Henry
Duke of Beauford, William Lord Craven, James Bertie, Henry Bertie,
Sir John Colleton, and Archibald Hutcheson, the sum of two thousand
five hundred pounds apiece, without any deduction ; And whereas, Sam-
uel Wragg, of London, Merchant, being duly authorized by letter of
attorney, under the hand and seal of the said Joseph Blake, bearing date
the eleventh day of July, one thousand seven hundred and twentyeight,
hath proposed for and on behalf of the said Joseph Blake, to surrender
and convey unto his Majesty, his heirs and successors, all the estate, right
and interest of the said Joseph Blake, in and to the premises, upon pay-
ment of the like sum of two thousand five hundred pounds, to the said
Joseph Blake without any de<luction ; And whereas, they the said Henry,
Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie,
Sir John Colleton and Archibald Hutcheson, who is a trustee for the
said John Cotton as aforesaid, have laid Ixifore a Committee of the Lords
of his Majesty's most honourable privy council, an estimate of all the

38 COLONIAL RECX)RDS.

Arrears of quit rents and other rents, and sum and sums of money now
due and owing to them and the said Joseph Blake, and to the said John,
Lonl Carteret, which estimate, as computed, amounts to the sum of nine
thousand five hundred pounds ; and they the said Henry, Duke of Beau-
fortl, I»ix:l Craven, James Bertie, Henry Bertie, Sir John Colleton and
Archilwild Hutc'heson, have likewise humbly proposed ; That if his Majesty
would please to allow the sum of five thousand pounds for the said arrears,
(over and alK)ve the said several sums of two thousand five hundred
pounds, to be i>aid to them respectively) they were willing to assign and
make over to his Majesty, the right and title to the said arrears, and all
other demands whatsoever, which they have or can have, upon the far-
mers, tenants, or inhabitants of the l^rovinces or territories aforesaid, or
of any of them; And whertus, the said Samuel Wrtigg, for and on the
liehalf of the said Joseph Blake, hath projxised to assign to his Majesty,
all the right and interest of the said Joseph Blake, in and to the said
arrears and demands, ujxm the terms aforesaid ; And whereas his Ma-
jesty, taking into his royal (X)nsideniti(m the great im])ortance of the said
Provinces and territories, to the trade and navigation of this kingdom,
and l)eing desirous to j)n»mote the same, as well as the welfare and secu-
rity of the said Provinces and territories, by taking them under the more
imme<liate Government of his Maji^ty, his heirs and sui'cessors, hath
been graciously pleased to accept of the said several projHxsals, and to
agree to the same, with such variations as are hereinafter mentioned ;
And whereas, from the nature of the restK'trtive estates and interests, pro-
pose<l and agn^l to be surrendered to his Majesty as aforesaid, great dif-
ficulties may arist* in the manner of conveying the. same, and it is just
and necessary that the j>arts and shares of the said Provinces and t4»rrit<H
ries, so pro|)oscil and agreed to Ik* surrendere<l, should lx» secured, to his
Majesty, his heirs and successors, which cannot effectually 1h* done and
attained without the authority of Parliament ; Jie it enacted, by the King's
most exci*llent Majesty, by and with the (»onsent and advice of the I^onls
spiritual and temporal, and Commons in this present Parliament, and by
the authority of the same, that all those seven undivideil eighth i)arts,
(the whole into eight et[ual jwrts or shares to Ix^ divideil) and all other the
jwrt or share, jiarts or shares, intei*est and estates of them the said Henry
Duke of Beanford, William Ijord Craven, James IV»itie, DcKlington Cire-
ville, Henry Bt^rtie, Mary Dans<m and Elizal)eth M<H)r, Sir John C-olle-
t4m, Archilxild Hutc.heson, as tnistee for the said John Cott4m, and Joseph
Blake, and «u*h of them, of and in the aforesaid Provinit^i and territo-
ries, (hIUhI Carolina, and all and singular the royalties, franchisees, lands.

COLONIAL RECORDS. 39

tenements, and hereditaments and premisses, in and by the said several
recited letters |>atont,or either of them, granted or mentioned or intended to
be granted, by his said late Majesty, King Charles the second, to the said
Edward, Ei^rl of Clarendon, George, Dnke of Albemarle, William, Earl
of Craven, John Lonl Berkley, Anthony, I^)rd Ashley, Sir George Car-
teret, Sir John Colleton, decx^astnl, and Sir William Berkley, and their
heirs and assigns, as aforesaid, with their and every of their rights, mem-
bers, and appurtenances, and also all .such jx)W'ers, liberties, authorities,
jurisdictions, preemkicnoes, liwn.ses, and priviledges, as they tlie said
Henry, Duke of Beauford, William, Ijord Craven, James Bertie, Doding-
ton Greville, Henry Bertie, Mary Danson, Elizalx*th Moor, the present
Sir John Colleton, the said Archibald Hutcheson, as trustee for the said
John Cotton, and Joseph Blake, every or any of them, can or may
have, hold, use, exercise or enjoy, by virtue of, or under the said recited
letters patent, or either of them, and also all and singular Baronies, tracts
and parcels of land, tenements and hereditaments, which they the said
Henry, Duke of Beauford, William, Lord Craven, James Bertie, Doding-
ton Greville, Henry Bertie, Mary Danson and Elizabeth Moor, the pres-
ent Sir John Colleton, the said Archibald Hutcheson, as trustee for the
said John Cotton, and Joseph Blake, any or either of them, are or is
seized or possessed of, or entitled unto, within the said Provinces or ter-
ritories ; except all such tracts of land, tenements and hereditaments, as
have been at any time before the first day of January, one thousand,
seven hundred and twentyseven, granted or conveyed by, or comprised
in any grants, deeds, instruments or conveyancx^, under the common seal
of the said Lonls and Proprietors, either in England or in the Province
aforesaid; and also, except all such plantations and lands as are now in
the possession of the said Joseph Blake, his under tenants or assigns, by
virtue of grants formerly made by the said Tjords Proprietors of the said
Pnjvinces, for the time being, to other persons, and since «)nveyed to, br
vested in the said Joseph Blake; And also, except all that Barony and
tract of land containing twelve thousand acres or thereal)outs, the posses-
sion whereof hath some time since been delivered by the present Sir John
Colleton, unto Peter Colleton, Ksquire, his second son; and all that
other Barony or tract of land, containing tAvelve thousand acres or there-
abouts, some time since CH)nveyed by Sir John Tyrrell, Baronet (formerly
owner of the said eighth part or share now l>elonging to the said Archi-
bald Hutcheson, as trustee for the said John Cotton,) to William Wight,
Y^fi. and his heirs : Provided, that the l>efore mentioned exceptions or
any of them, shall not include or extend to any lands, comprised in any

40 CX)TX)NIAL REC(3RI)S.

grant or granb*, made cither in England or Carolina, under the t^nimon
st»al of the Tx)rd.s Proprietors for the time Ixjing, which since the making
such grant or grants, have l)ecome forfeited by virtue of any clauses con-
tained therein, or to any of the Baronies, herein before recited or men-
tioned to ha still remaining and vested in the sjiid Henry, Duke i>f Beau-
fortl, and in the said James Bertie and Dixlington Greville, as tnistees,
some or one of them, and in the said William, Lonl Craven, the j)resent
Sir John Colleton, and the said Archibald Hutcheson, as trustee for the
said John w)tton, resjKictivcly, nor to any rents, sc^rvic^-w, seignioric»s, or
rights to escheats, reserved uj>on, or incident to any such grant or grants,
or any lands or estates thereby grante<l, all such forfeited lands, and all
such rents, seigniories, and rights of escheat, reserved upon or incident
to any such grant or grants, or any lands and estates thcrt^by granted,
and also. the Baroni(»4 htst l>efore mentioned, l>eing hereby intt^'iided to Ixi
vested in the j>ersons, and for the pnrj>oses hereinafter mentioned, and
the reversion and rt^versions, remainder and remainders, yearly, and other
rents, issues and profits, of the same parts or shans. Baronies, Ijands,
tenements, hereditaments and premises, so as aforesjiid prt»|K>sed and
agrewl to be surrendertnl to his Majesty, and of every part and parcel
thereof; and also all the (^Uite, title, intc»rest, trust, projKirty, right of
action, right of entry, claim and demand whatsoever, of them the said
Henry, Duke of Beauford, Wilh'am, Loixl C^raven, James Bertie, Doding-
ton Greville, Henry I^rtie, Mary Danson and Eh'zalH'th M<K)r, th(? j)rt\s-
ent Sir John C\>llet4)n, the said An'hibald HutclR^son, John Cott4^)n and
Joseph Blake, and eiurh of them, of, in, unto or out of the sjune, every or
any part and parcel thereof, by virtue of the siiid several retn't^xl letters
patent, or either of them, or any grant, assignment, (conveyance, or assur-
ance, made under, or by fon^- of the same recrited letters patent, or either
of them, or otherwise hows<Hiver, shall, from and after the first day
of June, (me thousand seven hnndred, and twentynine, l)e vestal and
settled, and the same is hereby vested and settlcKl, in and uj)on Pxlwanl
Bertie of Gray's Inn, in the county of Middlesex, Sjimuel Horsey of
the Parish of St. Martins in the fields, in the county of Middlesex, Henry
Smith of Caversham, in the county of Oxon, and Alexius Clayton, of
the Middle Temple, London, Esquires, to the only us<^^ of them the said
Exlward Bertie, Henry Smith, Samuel Hors(»y, and Alexins Clayton,
their heirs and assigns, freed and discharged and ab*4olut<*ly a«juitted,
exempted and indemnified, of and from all estates, uses, trusts, intails,
reversions, remainders, limitations, charges and incumbrances, titles,
claims, and demands whatsoever ; But nevertheless uj>on trust, and to the

COLONIAL RECORDS. 41

intent that they the said Edward Bertie, Samuel Horsey, Henry Smith,
and Alexius Clayton, and the survivor or the survivoi*s of them, and the
heirs of such survivor, upon payment by his majesty, his heirs or suc-
cessors to the said Edward Bertie, Samuel Horsey, Henry Smith, and
Alexius Clayton, or to the survivors or to the survivor of them, or the
executors or ailministrat(3rs of such survivor, of the sum of seventeen thou-
sand, five hundred pounds, free and clear of all deductions, on or before
the twentyninth day of September, in the year of our Lord, one thousand,
'seven hundred and twentynine, shall and do, by deed, indented, and to
be enrolled in his Majesty's High Court of Chancery, surrender, convey
and assure unto his Majesty, his heirs and successors, all and singular,
the said seven eighth parts or shares, (the whole into eight equal parts tc»
be divided) and all other the parts or shares, interest and estates, of and
in the aforesaid Provinces or territories, and all and singular the premises,
hereby vested in them the said Edward Bertie, Samuel Horsey, Henry
Smith, and Alexius Clayton, and their heirs as aforesaid, which said sum
of seventeen thousand five hundred pounds, they the said FMward Bertie,
Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the
survivor of them, or the executors and administrators of such survivor,
shall immediately after receipt thereof, pay, apply, and dispose of in
maimer hereinafter mentioned ; That is to say, the sum of two thousand
five hundred pounds, part thereof, to the said James Bertie and Dodington
Greville, triLstees as aforesaid, or to the survivor of them, or to the exec-
utors or administrators of such survivor; two thousand five hundred
pounds, or other part thereof, t<j the said William, Lord Craven, his
executors or administrators ; two thousand five hundred pounds, other
part thereof, to the said James Bertie, of his own right, his executors or
administrators; two thousand five hundred pounds, other part thereof,
unto such person or persons, and in such shares and pmportions as the
same, according to the tenor, purport and true meaning of the said order
or judgment of the House of I^ords, ought to be paid and applied;
two thousand five hundred pounds, other part thereof, to the said Sir
John Colleton, his executors or administrators; two thousand five hun-
dred pounds, other part thereof, to the said John Cotton, his executors
or administrators ; and two thousand five hundred pounds, the residue
thereof, to the said Samuel Wragg, for the use of the said Joseph Blake,
or to the said Joseph Blake, his executors or administrators.

And bc'it further enacted, by the authority aforesaid, that from and
after payment of the said sum of seventeen thousand five hundred pounds,
to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius
6

42 COLONIAL RECORDS.

Clayton, the survivors or the survivor of them, or the executors or admin-
istrators of such survivor, and after the execution of the said surrender
and conveyance to his Majesty, his heirs and successors, shall have,
hold and enjoy, all and singular the said seven eighth parts or shares,
(the whole into eight equal parts to be divided) and all other the parts
or sharcH, interests and estates, of and in the aforesaid Provinces or
territories, and all and singular the premises hereby vested in them the
said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton,
and their heirs as aforesaid, freed and discharged, and absolutely acquit-
ted, exempted and indemnified of, from and against all estates, uses, trusts,
intails, reversions, remainders, limitations, charges, incumbrances, titles,
claims and demands whatsoever.

And be it further enacted, by the authority aforesaid, that seven eighth
parts, (the whole into eight equal parts to be divided) of all and every
the said arrears of quit rents, and other rents, sum and sums of money,
debts, duties, accounts, reckonings, claims and demands whatsoever, now
due and owing to them the said Henry, Duke of Beauford, or the said
James Bertie and Dodington Greville, trustees as aforesaid, and to the
said John, Lord Carteret, William, Lord Craven, James Bertie in his own
right, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colle-
ton, Archibald Hutcheson, John Cotton or Jaseph Blake, or any of them,
(whether the same be more or less, than is computed as aforesaid) and all
and every other parts or shares, of the said Henry, Duke of Beauford,
James Bertie and Dodington Greville, trustees as aforesaid, William,
Lord Craven, James Bertie in his own right, Henry Bertie, Mary Dan-
son and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John
Cotton and Joseph Blake, or any of them, of or in the said arrears,
or which they or any of them, their or any of their heirs, executors,
administrators or assigns, now have, or can or may have, claim, chal-
lenge or demand of or from the farmers, tenants and inhabitants, of
the Provinces or territories aforesaid, or any part thereof, or any of
them, shall, from and after the said first day of June, in the year of our
Lord, one thousand seven hundred and twentynine, be vested in the
said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clay-
ton, the survivors and survivor of them, and the executors or adminis-
trators of such survivor, upon trust, and to the intent that they the
said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clay-
ton, the survivors or the survivor of them, and the executors and admin-
istrators of such survivor, shall, upon payment by his Majesty, his heirs
and successors, of the sum of five thousand pounds of lawful money of

CX)LONIAL RECORDS. 43

Great Britain, free and dear of all deductions, on or before the said
twenty ninth day of September, in the said year, to the said Edward
Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors
or the survivor of them, or the executors or administrators of such sur-
vivor, by deed indented and to be enrolled in his Majesty's High Court
of Chancery, grant and assign to his Majesty, his heirs and successors, all
and every the said seven eighth parts or shares, (the whole into eight
equal parts or shares to be divided) and all other parts or shares of the
said arrears, hereby vested in them the said Edward Bertie, Samuel Hor-
sey, Henry Smith, and Alexius Clayton.

And whereas, the said Henry, Duke of Beauford, William, Tjord Cra-
ven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir
John Colleton, John Cotton and Joseph Blake, are desirous that the said
sura of five thousand j)ound8 should be applied in manner hereinafter
mentioned.

Be it further enacted^ by the authority aforesaid, that the sum of five
thousand pounds, after receipt thereof shall be issued and paid by the
said Exlward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton,
or the survivors and survivor of them, and the executors and administra-
tors of such survivor, to such of the officers, agents or servants of the
Ijords Proprietors, or to such other j^erson or persons, and for such pur-
I>oses as the said Henry Duke of Beauford, William, Lord Craven, James
Bertie, Henry Bertie, Mary Danson, Sir John Colleton, Jolin Cotton and
Joseph Blake, their executors or administrators, or any four or more of
them (the executors or administrators of each of them, to be accounted
only as one) shall by writing or writings, under their hands, from time
to time direct and appoint.

And be it farther enacted, by the authority aforesaid, that from and
afl^r payment of the said sum of five thousand pounds, unto the said
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the
survivors or the survivor of them, or the executors or administrators of
such survivor, and aft«r the execution of the said grant and assignment
of the said parts or shares, of the said arrears, hereby directed to be made
as aforesaid, his Majesty, his heirs and successors, shall and may have,
receive and enjoy the said seven eighth parts or shares (the whole into
eight equal parts to be divided) and all and every other parts and shares
of the said arrears of quit rents, and other rents, sum and sums of money,
debts, duties, accounts, reckonings, claims and demands, hereby vested in
the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius
Clayton, and shall and may have, use and pursue such and the like reme-

44 COLONIAL RECORDS.

dies for recovery thereof, as fully and effectually as the said Henry,
Duke of Beauford, Williiun, lA)rd Craven, James Bertie, Henry Bertie,
Mary Danson, Dodington Greville, Sir John Colleton, Archibald Hutche-
son, John Cotton and Joseph Blake, any or either of them, might have
had, used or pursued if this act had not l)een made. «

Ayid be Ufuiiher ejiacted, by the authority aforesaid. That the receipt
or receipts of Uie said Edward Bertie, Samuel Horsey, Henry Smith and
AlexiiLs Clayton, the survivors or the survivor of them, or executors or
administrators of such survivor, under their hands, or his hand or hands
re8i)ectively, shall l)e a sufficient discharge to his Majesty, his heirs and
successors, of and for tlie said several sums of seventeen thousand five
hundred pounds, and five thousand {>ounds, or so much thei'eof or of
either of them, as such receipts or I'cceipt shall be given for; and that
his Majesty, his heirs and successors, upon and after such receipts or
re«?ipt, given as aforesaid, shall be absolutely acquitted and dischargeil
of and from the said monies and shall not ho answerable or accountable
for any loss, non-application or misapplication of the said money, or of
any part thereof.

Provided ahcays, ami it w hereby declared and etuictedy by the authority
aforesaid, that the receipt or receipt* of the said James Bertie, or D(k1-
ington Greville, or the survivor of them, his executors or administrators,
under his or their hand or hands respectively, shall \ye a sufficient dis-
charge to the said Iklward Bertie, Samuel Horsey, Henry Smith, and
Alexius Clayton, their executors or administrators, for the said sum of
two thousand five hundred pounds, payable to them for the said eighth
jMirt or share of the said Provinces, territories, royalties, lands and
hereditaments, which was vested in the said Henry late Duke of Beau-
ford, and the said sum of two thousand five hundred pounds, shall l)e and
remain subject to the trusts reposed in them by the will of the said late
Duke, or otherwise, concerning the eighth part or share, but the said
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their
heirs, executors, or administrators, shall not be answerable or accountable
for any loss or misapplication thereof, or of any part thereof.

Provided idaOj and it is hereby declared and enacted. That the said
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton,
shall not, nor shall any of them, or the executors or administrators of
any of them, Ik? answerable or accountable for any money to be received
by virtue of or under the trusts hereby reposed in them, any otherwise
than each person, his executors or administrators, for such sum or sums
of money as lie or they shall respectively actually receive, and none of

CX)LONIAL RECORDS. 45

them shall be answerable or accountable for the acts, receipts, neglects, or
defaults of the other of theiu ; and also that they, the said Edward
Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their execu-
tors or administrators, shall and may, out of the money hereby directed
to be paid to them as aforesaid, retain and reimburse themselves for all
cx>sts, charges, damages and expenses, that they respectively shall sustain
or be put unto, in and about the execution of the trusts hereby in them
re|K>sed.

And whereas thei'e is due and owing to the King^s most excellent
Majesty, for arrears of rents reserved by the said several recitetl letters
patent, or one of them, several sums of money, computed to amount to
three hundred pounds or upwards; Now it w liereby further enacted and
deelaredy by the authority aforesaid, that the said Henry, Duke of Beau-
ford, William, Lord Craven, James Bertie, Dodington Greville, Henry
Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton,
Archil)ald Hutcheson, John Cotton and Joseph Blake, and every of
them, their and every of their heirs, executors and administrators,
respectively, from and immediately after the said twenty ninth day of
September, one thousand seven hundred and twenty nine, (in case the
said sums of seventeen thousand five hundred pounds, and five thousand
pounds, shall then Ix^ paid and satisfied, and the sale hereby intended
shall be then compleated) shall lie, and are hereby fully and absolutely
acquitted and discharged of and from all arrears of rent whatsoever, due
or owing upon or by virtue of the said reciteil letters patent, or either
of them.

Provided alvxiySy and it is hereby further enacted and declared, by the
authority aforesaid, that if his Majesty, his heirs and successors, do not
or shall not, on or before the said twentyninth day of September, one thou-
sand seven hundred and twentynine, well and truly pay or cause to be
paid, both the several sums of seventeen thousand five hundred pounds,
and five thousand |K)unds in manner aforesaid, and according to the true
meaning of this act, that then they the said Edward Bertie, Samuel Hor-
sey, Henry Smith and Alexius Clayton, or the survivors or survivor of
them, or the heirs, executors or administrators of such survivor, shall
not make such surrender, assignment, or conveyance of the said seven
eighth parts or shares of the said Province or territories, and of the said
arrears, or either of them, to his Majesty, his heirs or successors, as
hereby is directed, but shall from and after the said twentyninth day of
September, one thousand seven hundred and twentynine, stand and be
seized of and possessed of all and singular the premises hereby in them

46 COLONIAL RECORDS.

vested, to the only proper use and behoof of them, the said Henry,
Duke of Beauford, William, Lord Craven, James Bertie, Dodington
Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir
John Colleton, John Cotton and Joseph Blake, and every of them, and
of their and every of their heirs, executors, administrators and assigns,
in such shares and proportions, and according to such respective righte
and interests as they severally had, or could have been entitled to, in and
unto the same premises, in case this act had never been made, and to and
for no other use or trust, intent or purpose whatsoever.

Saving and reserving to all and every person or persons, bodies poli-
tick and corporate, their heirs, successors, executors, administrators and
assigns, other than and except the said Henry, Duke of Beauford, Wil-
liam, Lord Craven, James Bertie, Dodington Greville, Henry Bertie,
Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson,
John Cotton and Joseph Blake, their respective heirs, executors or admin-
istrators, and the heirs of their resj)cctive bodies, and all and every per-
son and persons, claiming or to claim any estate and interest in the prem-
ises, or any part thereof, in remainder or reversion, expectant ujwn or
after the determination of any estate tail, vested in them the said Henry,
Duke of Beauford, William, Ijord Craven, James Bertie, Dodington
Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John Colle-
ton, Archibald Hutcheson, John Cotton and Joseph Blake, or any of
them, and all and every person and persons claiming, or to claim any
estate or interest in the premises, or any part thereof, by or under the
title of the said Henry, late Duke of Beauford, deceased, such satisfac-
tion and recompense as is hereinaftx?r mentioned, for all such estate, right,
title, interest, property, claim or demand whatsoever, in, to or out of the
premises, or any part thereof, as they or any of them, now have, or
might have had or been entitled to, in case this act had never been made.

Provided always, and be it further enadedy by the authority aforesaid,
That if any person or persons (other than and except the persons herein
before excepted) who now have or shall have any estate, right, title,
interest, claim or demand, either in law or in equity, of, in, to or out of
the premises herein vested as aforesaid, or any part thereof, shall, within
the space of seven years aftx?r the same shall be conveyed unto and vested
in his Majesty, his heirs and successors as aforesaid, commence and prose-
cute any action or suit either in law or equity, by i)etition of right, Eng-
lish bill or otherwise, against his Majesty, his heirs or successors, or the
proper officer or officers on his or their behalf, wherein such persons
might or ought to have rei'overed the premises hereby vested as afore-

COLONIAL RECORDS. 47

said, or any part thereof, or any estate, interest or -demand, in or out of
the same, the court wherein such suit or action shall be commenced or
depending, shall and may adjudge or decree, that such person or persons
shall recover against his Majesty, his heirs or successors, such sum or
sums of money, as his or their estate, interest or demand in or about the
premises hereby vested as aforesaid, shall by the same court be valued at
and determined to amount unto, in full satisfaction for such estate, inter-
est or demand ; in making which valuation the said court shall estimate
one full eighth part of the premises hereby vested as aforesaid, to be of
the value of two thousand five hundred pounds,. and no more, and shall
rate and ascertain the value of such estate, interest or demand, in pro-
jwrtion thereunto.

Saving and reserving always to the said John, Lord Carteret, his
heirs, executors, administrators and Assigns, all such estate, right, title,
interest, property, claim and demand whatsoever, in, unto or out of, one
eighth part or share of the said Provinces or territories, with all and sing-
ular the rights, members and appurtenances thereof, and of, in and to
one eighth part or share of all arrears of quit reuts, and other rents, sum
and sums of money, debts, duties, accounts, reckonings, claims and de-
mands whatsoever, now due and oweing to the present Lords Proprietors
of the said Provinces and territories, and all such other rights, titles,
priviledges and powers whatsoever, as the said John, Lord Carteret, his
heirs, executors or administrators naw have or might have had or been
entitled unto, in case this act, and the conveyance herein before directed
to he made to liis Majesty, his heirs and successors, or either of them,
had not been, or should not be made.

Saving also to all and every person and persons having or lawfully
claiming any office or offices, place or places, employment or employ-
ments, by or under any grant or grants thereof made before the said first
day of January, one thousand seven hundred and twenty seven, under
the common seal of the said Lords Proprietors, either in England or in
the Provinces aforesaid, all such estate, right, title and interest in or to
such office or offices, place and places, employment and employments, as
they or any of them now have or might have had, or been entitled unto,
in case this Act had never been made.

48 CX)LONIAL RECORDS.

[From North Carolina Letter Book op S. P. G.]

GOV EVKRARI) TO THE BISHOP OF LONDON

Edknton Oct. 12. 1729

My Lord

When I fiiid Cinakors <t Baptists flourish amongst the N** Carolinians,
it behoved me that am the Gov' here to enquire & look into the Origi-
nal cause, which on the strictest examination & nicest scrutiny I can
make, find is owing to the want of Clergymen amongst us. We in this
great Province have never a one, & truly my Lord both Quakers & Bap-
tists in this vacancy are very busy makeing Proselytes & holding met^t-
ings dailv in everv Part of this Gov*. Indeed one New Countv next
Virginia is well supplied by the Indefatigable Pains <fe industry of the
Rev* M' Jones of Nansemond who has the Character of a Pious, Good
& Worthy man but he is old & infirm. My Lord, when I c»ame first
here, there was no Dissenters but Quakers in the Gov* <t now by
the means of one Paul Palmer the Baptist Teacher, he has gained hun-
dreds & to prevent it, tis impossible, when I have a Secretary, one John
Lovick, that makes a jest of all religion & values not noi> GckI, man,
nor Devil a true enthusiast: when I promoted building the Church, he
was the only man that hindered it, laid so many stumbling blocks in the
way, it was impossible to go alK)ut it then, & I very much fear whilst he
is in the Gov* none will l)o built, he may truly he called the Reinora to
all religion & goodness. His original was a footl)oy to the Former Gov'
M' Hyde, & by making friends got also to be recommende<l to M' Exlen
who in the affair of Thatch the Pirate, made him act the Part of an affi-
davit man, but that being before my time, don't personally know it, but
have it credibly attested by Honest Living Evidenws of gocnl veracity,
this is the Man that at Present rules everything. Yea even our Religion
&c, but hope thro' your I^ordship's assistance to throw off this heavy
yoke & banish him to a place where he may have less power to Perpetrate
his rogueries & we have the free liberty of a good Clergy & our religion
& freedom, which is the sincere & hearty Pravcr of. Mv liord
Your LonUliip's most dntifiil &. most OW son & servant

WWW EVERARI)

COLONIAL RECORDS. 49

[B. P. R. O. Am: A W: Ind: Vol: 22. p. 6.]

EXTRACT OF A LETTER FROM M' PORTER TO GOV-
ERNOUR BURRINGTON. DATED NORTH CARO-
LINA 30*^ NOVEMBER 1729.

Our Session ended last Thursday, when Sir Richard confirmed several
Laws, one among the rest for raising 30000£ Paper Currency, who has
a Present for so doing of 500£. How this litter Conduct will be approved
of in England, in respect it breaks one of the articles of his Instructions,
we are at a loss to judge.

I prevailed with him for near a Twelvemonth last past to stop War-
rants and Patents for Land, till his Majesty's Pleasure was further
known ; himself having wrote the Duke of Newcastle his Reasons as
well as his Resolutions on that occasion, which now he is every day
breaking through by signing Patents

[B. P. R. O. B. T. South Carolina. Vol: 4. C. 71.]

LORDS OF TRADE TO THO: LOWNDES.

8"* DECEMBER 1729.

S'

With the greatest deflTerence I b^ leave to observe to your Lordships,
that exact Charts of all the Sea Coast and Bays and Soundings of all the
Harbours of his Majesties American Dominions and Maps of all the
Inland Territory might be procured to the great advantage of the Pub-
lick and without any additional charge If North Carolina which (ever
since t'was a seperate Government) has only been a Receptacle for Pyrates
Thieves and Vagabonds of all sorts was made a District of Virginia and
the Quit Rents for I^ands let out duely received ; there would be a compe-
tent Fond to reward a knowing and honest Man, to make such a Noble
and usefull survey. The Establishment for Officers in the Proprietors
time, which the Quitt Rents always discharged amounted to 480* and if
a Rental was obtained (which the Proprietors could never get) would
amount to a much greater Sum. The soyl of North Carolina is much
better than that of Virginia, it's Timber is of the largest Growth, there
is great Quantity of Iron Oar and (according to information) good reason

60 COLONIAL RECORDS.

U) expect Copper-Mines and the New England Traders get from thenc«
a very great Quantity of the best Pitch and Tarr in Barter for Rum,
Spirits Molosses and other goods which would bear a moderate Duty to
make up any Deficiency that might happen to the Fond, proposed to
defray what I humbly conceive so usefull an undertaking. For besides
all other advantages of such a survey wee should effectually prevent the
French from Encroaching within the Limits of our Newfoundland and
other Fisheries.

And when this affair is quite perfected I beg leave farther to hint that
by the same Fond a Light House may easily be erected on the Point of
Hilton-Head Island in the Gulf of Florida wliere there is a great Plenty
of Noble Timber and the land high and very fit for that purpose. And
this Fond may \)e so augmented by an easy Duty upon the Tonnage of
all ships coming from Jamaica and elsewhere through the Gulf (which
all the Traders for their own securitv would readilv come into) as would
maintain a competent Number of Trinity-Brothers to assist vessells that
pass through that dangerous Navigation

And of what use such an Institution would be in case Port Roval
should be made a Harbour for a Royal Navy and a plat« for stores, and
of what service tVould be to the publick to have some seamen of this
Nation perfectly acquainted with all the Currents and Counter-Currents
in the Gulfs of Mexico and Florida and to know all the Narrow Pas-
sages to Cuba through the Bahama Islands, and all the shifting Land
Banks in those Parts with a great many more advantages which would
accTue to Navigation and Commerce I hcg leave most humbly to submit
to your Lordships great judgement and wisdom and am with the most

profound resj)ect

My Lords

your Lordships

Most obedient and most

faithfull humble

servant

THO: LOWNDES.

P. S.
If very particular and unusual
Instructions are not given to the
Surveyor General 1 and Secretary of
South Carolina the settling that
Province will be much prejudiced.

COLONIAL RECORDS. 51

[B. P. R. O. B. T. South Carolika. Vol. 4. C. 60.— Extract.]

COLL: JOHNSON TO SEC: OF B. T. DECEMBER 19"» 1729.
S'

* * * * itt H:

^thiy That the Boundaries of South Carolina and North Carolina are
absolutely necessary to be ascertained and settled to prevent any of the
Inhabitants of South Carolina from running to Cape Fair and settling
there to defraud their Creditors, and for the remedying this evil That
Cape Fair be made a Port and a Collector of the Customs appointed to
reside there, and the said place declared to be within the limits of South
Carolina.

:^i Hi Hi :^i :^i :^i

S'

your most oblidged humble
servant

ROB* JOHNSON.

[B. P. R. O. Am: A W: Ind: Vol: 22. p. 6.]

To the most noble Thomas Duke of New Castle Secret*^ of State &c :
May it please your Grace —

In my Memorial of the IS**" of June last I took leave to inform your
Grace of our Governour Sir Richard Everards orders to one M' John
Lovick acting as Secretary respecting the Disposition of no more of the
soil of this Province, until his Majestys Royal Pleasure were therein
known. The occasion as I allways conceived of those orders was (as Sir
Richard wrote your Grace himselfe) from a Discovery he had made of
the fraudalent practice of the above John Lovick and M' Edward Mose-
ley our Surveyor General of Lands^ and notwithstanding all such con-
vincing proofs of the same and the many resolutions Sir Richard had
made of signing no more Warrants or l^attents.

Yet so it is may it please your Grace, tho he knows this Country is
now under the Crown, he has since broke through such his Intentions,
and now every day signs both Warrants and Pattents. And what is
worse was induced some time ago by the uncommon art and cunning
of this Lovick and his two confederates Moseley and Will" Little the

52 COLONIAL RECORDS.

Receiver General to the Lords Proprietors to sign many Pattents wherein
the number of acres are left Blank and on the same Pattents there is the
Receiver General Littles receipt likewise in blank for the purchas money,
so that the possessors of such Pattents have it in their own power to put
in as much land as by our Charter might make them Landgraves or
Cassicks ; whereas I believe the true Intent of S' Richard was that every
pattent he so signed should contain what is by the late Lords Proprietors
orders and by our own Laws distinguished to be a Tract containing six
hundred and forty acres. Instead of which some people who are let into
the Secrit, and that has procured such pattents has filled up the blanks
with what quantity of land they pleased ; one Laine of the Country of
Bath put into his pattent 5000 acres others more and some less, by which
means before his Majesty's commissions can take place amongst us most
of the Land will be disposed of under a sham proprieterry title and the
money arrising therefrom put into the pocketts of those three Messina-
rys Lovick, Moseley, and Little, how far such a proceedure will deserve
notice, I shall submit it to your Graces opinion. As I once mentioned
l^efore if there was an officer suddenly appointed as Receiver General
with a power of inspecting into such former conduct it might possibly be
many thousands pounds advantage to the Crown ; and if your Grace
should be pleased to think me deserving of so great a trust (as I am well
acquainted with the circumstance of things) no man shall more justly
and faithfully discharge it, than

My Lord, your Graces most

dutifull and obedient servant

EDMOND PORTER

North Carolina

Albemarle
Des' the 22** 1729.

I Prom Rbcordb of General Ck>uRT.]

North Carolina — ss.

At a Gen* Court of Oyer & Terminer and Gen* Sessions held for the
Sayd province at the Courthouse in Eden ton b^un on Tuesday the
twenty fifth day of March one thousand Seven hundre<] & twenty nine
and continued by Adjournm* until the thinl of April following

COLONIAL RECORDS. 53

Present
Christopher Gale Esq' Cheif Justice
Thomas Luton

John Alston I

Tho- I^vick r ^" Assistants
Henry Bonner

And Several 1 Members of the Council (as Justices of the peace) to hold
the Gen* Sessions of this Government.

The following persons were impannell'' and Sworne of the Grand
Jury Viz*

Cap* Benj* Hill M' Robert Hicks M' Oriando Champion

M' Tho' Luton Jun' M' James Meliken M' Rich* Willson

M' Francis Branch M' John Blount M' James Castellaw.

M' Edward Howcot M' John Beverley M' Martin Cromen

M' Thomas Bryan M' John Bonde M' Hill Savage

M' Tho' Rountree
who being charged with things proper for their Enquiry withdrew and
Consider* thereof and on their Returne made presentm* of the following
Bills Viz*

A Bill of Indictm* against Solomon Smith for Felony & Murder.

A Bill of Indictm* ag* Griifith Jones & Truman Jones for a Forcible
Entry on the Estate of William Reed a minor.

A Bill of Indictm* ag* James Bremen for assaulting Robert Pearce.

And then the Grand Jury was discharg* from further Attendance at
this Court.

And now here at this day (Viz* &c :) The aforesayd Thomas Spencer
(tho* Solemnly required) came not Nor was there any return made of the
Writt of Exigent

Wherefore It Consider* by the Court here at the motion of the Attor-
ney Gen* that the same be continued returnable to the next Court on the
last Tuesday in July next

And now here at this day (Viz* &c:) came the afores* George Allen
and moved for Tryall And likewise the Attorney Gen* on behalf of Our
Sovereign Lord the King But the Court being given to understand that
His Maj^ most Gracious Gen* Pardon was Since the offence comitted
and Since the Indictm* afores* are of Opinion that the Sayd Offence is
thereby pardon* & that the prosecution afores* cannot be proceeded in
according to Fawcett's Case 2* Croke 148 Do therefore Order that all
further proceedings thereon be Stay** and the Sayd Geo: Allen be dis-
charg* paying Costs.

54 COLONIAL RECX)RDS.

And now here at this day (Viz* &c:) came the aforesayd Joseph
Jenoure by David Osheal his Attorney & moved to the Court that he
might come to a I^all Tryall or be disdiarg'

Whereupon the Attorney Gen* produced to the Court here an Order
from the Goveruo' in these Words Viz*

North Carolina — ss.

S' Rich* Everard Bar* Governo' Cap* Gen* & Adm" To W" Little
EJsq : Attorney Gen"

Whereas a Bill of Indictment was preferr* & found by the Grand
Jury at July Court ag* Joseph Jenoure and others for a Riott, These are
therefore to order & impower you to enter a Noli Prosequi on the Sayd
Indictm* Given under my hand this first day of April 1729 in the Second
year of his Maj^ King George y' second & Sign* Rich* Everard.

Wherefore It is Consider* & by the Court here Order* that the sayd
Joseph Jenoure & the Others mention* meant or intended in the sayd
Indictm* be thereof dismist and may go without day paying Costs.

And now here at this day (Viz* &c) the afores* Nathaniel Martin in
Custody of the Marshall to the Barr here brought in his proper person
came and being ask* how of the Crime afores* he would acquitt himself
sayd that he is not thereof Guilty & for Tryall thereof putt himself upon
the Country and W"* Little Esq' Atto' Gren* on behalf of our Sovereign
Lord the King likewise. Whereupon the Marshall was comanded to
cause to come twelve &c : And there came John Charlton Tlio* Hoskins
John Benbury John Champion Jo" Dunning Sam* Woodward James
Smith Charles Wilkins William Handcock W" Branch John Carter
Henderson Luton who being impannell* and Sworn on their Oath do
say that he is not Guilty

Order* that the sayd Nath* Martin & Susanna his Wife be thereof
dismist without day paying Costs

W"* Little Esq' Attorney Gen* comes to prosecute y' Bill of Indict-
ment ag* Solomon Smith in these Wonls Viz*

North Carolina — ss.

To Christoph' Gale Esq' Cheif Justice and the rest of the Justices for
holding the Gen* Court at E^enton the last Tuesday of this Instant
March 1729

The Jurors for Our Sovereign Ix)rd the King on their Oath do pre-
sent that Solomon Smith late of Bertie precinct I^abourer in the precinct
aforesayd not having the fear of Gcxl l)efore his Eyes but lieing moved

COLONIAL RECORDS. 55

and Seduced by y* instigation of the Devil on or about the first day of
November last past in the Evening of the same day at Bertie p'cincjt in the
province aforesayd by force and Armes in & upon One William Coyne
in the peace of God and Our sayd Lonl the King then & there being an
Assault did make And the sayd Solomon Smith with a Knife of the
value of three pence in his hand then & there drawn had & held feloni-
ously & voluntarily the afores* William Coyne at Bertie p'cinct in the
province aforesayd did Stabb & wound y' Sayd Willian(i not having any
weapon then drawn nor having then there first struck the sayd Solomon
and to the sayd William Coyne of Bertie p'cinct in the province afore-
sayd feloniously and of his malice forethought with the aforesayd knife
One mortall wound in & upon his left breast did give about one inch &
half long and about five inches in depth with which mortall wound the
Sayd William Coyne instantly dyed and So the Jurors aforesayd upon
their Oath do say that the aforesayd Solomon Smith on the day and year
afores** in Bertie p'cinct in the province aforesayd in manner & form
aforesayd killed and murder* the Sayd William Coyne ag* the peace of
Our sayd Lord y' King his Crown & dignity &c: & against the Statute
in that Case made & provided. Upon which Indictm* the sayd Solomon
Smith was arraign* and upon his Arraignm* pleaded Not Guilty and for
Tryall thereof putt himself upon God & the Country and William Little
Esq' Att'ney Gen" on y' behalf of our Sayd Lord the King likewise
Whereupon the Marshall was comanded to cause to come twelve &c : and
there came Francis Pugh William Bryan John Early James Smith John
Champion John Howell Rob* Jetferys John Dunning John Blackman
James Bate Jacob Privett & W" Charlton Jun' who being impannell*
and Sworne on their Oath do Say Wee Jurors do find the prisoner Solo-
mon Smith Guilty

(Sign*) FRANCIS PUGH Foreman

Then the sayd Solomon Smith being ask* if he had any thing to Say
why Sentence Should not pass ag* him as the law in that Cj^se hath pro-
vided And he offering tiothing in avoydance thereof It is Therefore Con-
sider* Sentenced & by the Court here adjiwlg* that the sayd Solomon
Smith shall returne to the place from whence he came and from thence to
the place of Execution there to l)e hang* by the Neck till his Body is
dead.

The Court having reod from the Hono"' the Governo' by the hands of
Rich* Everard Esq' his Son the following paper Viz*

56 COLONIAL RECX)RDS.

North Caroi.ina — ss.

To Chr: Gale Esq' Cheif Jiist : & to the rest of the Assistant Judges

I receiv* a certificate yesterday sign* by the Ch : Justice in which it is
Signified to me that one Sol" Smith of Bertie p'cinct Labourer stands
condemn* by this Sessions for the murther of William Coyne for which
y* Sentence of the Sayd Court was for him to be hang* : As the Life of
a Man is a thing of a very tender nature I am at a loss to judge if the
Cheif Just: means hanging till he is dead or whether it is by the Neck
legg or arm for I must not guess *at his meaning Besides I must tell you
Gen* as the man was tryde Condcmnetl on the twenty ninth of the last
Month And the Court was Compounded of OflScers not duly qualifyed
to open Such Court that all procee<liugs therein are Extrajudiciall and
Erronious Therefore cannot without Injury to my coascience Sign Such
a I>ead Warrant for the Execution of the unhappy prisoner till a Tryall
de novo and the Court Compounded of OflScers duly qualifyed and those
of my Ap{)oyntment

Given under my hand this first day of April One thousand Seven
hundred & twenty nine and Sign* Richard Everard

It was consider* by the Court & that the Blood of an innocent per-
son barlmrously Shedd was of Uyo great <fe Serious a consequence to be
turn* U) Ridicule as it ap|>ears to Ik» by the aforegoing pa}>er or Letter to
the Court WhenHiiK)n the Court («mc to a Resolution to certify the same
again to the Hono"* the Governo' which was done in these wonls Viz*

NouTii Carolina — ss.

Gen* (\>urt April y' Seooiul one thous* Seven hundn^l and twenty nine
Bv the Cheif Justiiv & Membi»rs of v' Gen* Court That Innocent Bloo<l
niav not Ive at Our Dik)!* Wiv think it Our Dutv once more to certify to
yo' Hono' that Sol* Smith now prisoner in the Goalc at Edenton has been
this Si*ssions legally convic»ti»d for the Munler of William Coyne and
that Sentence of IX»ath was on the twenty ninth of March jKtst pn>-
nouuc* upi>n him in Oj)en Ci>urt in these Wonls Viz* That he should
returne to the plaw from whemv he came & from thence to the place of
Execution and there he hang* by the neck till his Rxly was dead. It
ap|>ears to us to l>e a very Itarlnnius Munler Directed to the Hono"' S'
Rich* Everanl Gov' &c: and Sign* Chr: Gale Tho' Luton Tho* Lovick
& Henrv Bonner

A Bill of Indictment having been presented to the Grand Jun- afore-
sayd :igainst Jaci>b Beale for killing James Beale by Misadventure and
being return* Ignoramus It was considered by the Court that he he thereof
disniist and may goe with* day paying Costs

COLONIAL RECORDS. 57

W* Little Esq' Attorney Gen^ conies to prosecute a Bill of Indictment
found by the Grand Jury ag* Griifith Jones & Truman Jones in these
words Viz*

North Carolina— ss.

To Christop' Grale Esq : Cheif Justice & the rest of the Justices for
holding the Gren* Court at the Courthouse in Edenton on the last Tues-
day in March Anno D"* One thousand Seven hundred & twenty nine.

The Jurors for Our Sovereign Lord the King on their Oath do present
that Griffith Jones & Truman Jones both of pasquotank precinct having
taken and associated themselves with other malefact" and disturbers of
the peace of Our Sayd Lord the King being arm** in an Hostile manner
of whose names the Jurors aforesayd are wholly Ignorant upon the
twelfth day of March Anno D"* One thousand Seven hundred & twenty
eight at Pasquotank Precinct in the province aforesayd by force & Armes
To witt with Swords Staves Gunns & other defensive and invasive
Armes upon one Mesuage with the Appurtenances at Arenoose Creek in
pasquotank p'cinct aforesayd upon the peacable possession of One M"
Jane Reed Widow & Extrix of William Reed late of pasquotank p'cinct
aforesayd EJsq' deed did enter of which Certain Messuage with the appur-
tenances the aforesayd Jane Reed Wid** and Extrix was then & there
possess^ during the minority of William Reed a Minor Son of William
Reed Esq' late of the sayd p'cinct deceased to whom the freehold of the
p'mises belongs And the abovesayd Griffith Jones and Truman Jones
and the other malefacto" afores^ by force & Armes the aforesayd Jane
from her possession aforesayd did Eject expell & amove and the Sayd
Jane So l)eing expel 1** from her aforesayd Mesuage with the appurtenan-
ces unlawfully and with a Strong hand did then keep out and Still do
keep & hold out against the peace of Our Sayd I^ord the King that now
is his Crown & dignity and Contrary to the form of the Statutes in that
Case made and provided &c: And on the motion of the Sayd Attorney
Gren^ It is Consider^ & Order* that a Capias do issue returnable to the
next Court on the last Tuesday in July next

A Bill of Indictment having been preferr* to the Grand Jury against
John Perkins on Suspicion of having burnt the House of Thomas Clim-
8on lately Situate & being in the precrinct of Curratuck in the province
aforesayd Which Sayd Bill of Indictra* was return** to the Court here
Ignoramus. Therefore It is Consider** that he give Security for his good
behaviour twelve months & one day And that he continue in the Mar-
shalFs Custody untill he hath given Such Security & payd the Costs
8

58 COLONIAL RECORDS.

aocruing by this prosecution Whereupon the sayd John Perkins in Court
appear^ and acknowledge himself indebted to Our Sovereign Lord the
King His Heirs and Sucoesso" in the sum of fifty pounds Sterling to be
levyed on his goods & Chattells Lands and Tenem'' Ac : With Condicon
that if the sayd John Perkins shall & do well & truly behave himself
towards his Sayd Majesty and all his leige people and more especially
towards Tho* Climson and His Wife for twelve months & One day then
this Recognizance to be voyd else to remaine of full force & Virtue.

W" Little Esq' Attorney Gen^ conies to prosecute the Bill of Indict-
ment found by the Grand Jury afores* against James Bremen in these
Words Viz*

North Carolina — ss.

*•

To Christopher Grale Esq' Cheif Justice & the rest of the Justices for
holding of the Gen* Court at Edenton on the -last Tuesday of this
instant March Anno D** one thousand seven hundred & twenty nine.

The Jurors for our Sovereign Lord y' King upon their Oaths present
that James Bremen late of Edenton in the North East parish of Chowan
precinct in Albemarle County in the province aforesayd Merch* the twenty
third day of this instant Moneth of March in the night time of the same
day by force & Armes &c: at Edenton in the parish p'cinct and County
aforesayd in North Carolina aforesayd then & there by force & Armes &c :
the Window of the lodging room of one Robert Pearce did break open
And him the sayd Robert Pearce did then & there assault & in great danger
of his life did putt & Other Enormitys to the Sayd Robert Pearce then
& there did offer against the peace of Our now Sayd Sovereign Lord the
King his Crown & dignity &c. And sign* W" Little Atf^ Gen* and on
the Motion of the sayd Attorney Gen* It was then & there by the Court
Consider* and Order* that he be taken into Custody of the provost Mar-
shall and brought before the Court which was accordingly done And the
8* James Bremen acknowledg* himself indebted to our Sovereign Lord
the King His Heirs & Successo" in the Sum of One hundred pounds
Sterling & M' EMmond Porter & M' W" Harding Jones in the Sum of
fifty pounds Sterling each to be levyed on their goods & Chattells Lands
& Tenem** Ac With Condicon that if the Sayd James Bremen shall per-
sonally be & appear at the next Gen* Court to be held for this Governm*
at Edenton the last Tuesday in July next then & there to answer the
sayd Indictm^ and in the meantime that he be of his good Behaviour
then this Recognizance to be voyd else to remaine in full force &i\

Whereupon Rich* Everard Esq' came into Court and deliver* to the
Court here a Certain Writing in these Words Viz*

COLONIAL RECORDS. 59

North Carolina — ss.

S' Richard Everard Bar* Gov' Cap* Gen" Adm^ and Comand' in Cheif
To Christopher Gale Esq' Cheif Justice & his Assistants and to W"
Little Eisq' Attorney Gen* Greeting

Whereas a Certain Bill of Indictm* was preferr* and found by the
Grand Jury of this present Court ag* James Bremen of Edenton Merch*
for breaking open the Window of One Robert Pearce & then & there
assaulting the sayd Robert Pearce & being that I am fully assured & Sat-
isfyed that the Sayd Indictm* was grounded upon the malice of the s**
Robert Pearce and by the instigation of Will" Badham alias Hammon
Clerk of the Gen* Court and that the Sayd James Bremen did no ways
assault Strike or any other ways hurt the Sayd Robert Pearce And that
the sayd Window was open before the Sayd James Bremen came to it
and he did not by any act whatsoever brake or disturb the peace of our
Sovereign Lord the King. This is Therefore to Command you the sayd
Christopher Gale &c : to enter a Noli prosequi on the Sayd Indictment
Given under my hand and Seal this 1"* day of April in the second year
of his Majesty King George y* Second Annoq I>* 1729 and Sign** Rich**
Everard and a Scale Wherefore It is Consider* & by the Court here by
& with the Consent of the Attorney Gen* that the sayd James Bremen
be thereof dismist and may go thereof without day it being the Gov-
erno" Order And It was then & there Order* that the Sayd Comand
Should be entred as aforesayd

William Williams of Edenton Gen* produced a Comission from the
Hono"' S' Rich* Everard Bar* Governo' &c: appoynting him provost
Marshal in the room of Rob* Route Esq' who is Comissionated by the
Lords Prop" to Execute that Office in this Governm* as long as he well
behaves And the sayd W" Williams mov* to the Court here to have the
Sayd Comission admitted and himself qualify* and reed Whereupon the
Court declared their Opinion was that the Comission aforesayd is not
good because the sayd S' Rich* Everard Governo' did not take the advice
and Consent of the Majority of the Council for granting the same as by
law he ought to have done And the Court are also of opinion that the
aforesayd Robert Route is not departed out of this Governm* as in the
Sayd Comission is Suggested And that the Deputys which act by virtue
of his Comission are good & lawfull

By direction of this Court John Parke Es(j' Provost Marshall was
comanded to take into his Custody Edmond Porter & George Allen &
them safely keep until they give Security for their good behaviour
during the Sitting of this Court for a Contempt by comitting an affray

60 COLONIAL RECORDS.

in the view and verge thereof And the sayd Geo Allen came into Court
& ackuowledg** himself indebted to Our Sovereign Lord the King in the
Sum often pounds Sterling and Edmond Grale Esq' in the like Sum of
ten pounds Sterling to be levyed on their Severall goods and Chattells
Lands & Tenements &c : With Condicon that the Sayd George Allen
shall be of his good behaviour during the Sitting of this Court And in
further Obedience of the sayd Order and Direction the sayd Jn® Parke
follow* the sayd Edm** Porter who was fledd to the House of M" Eliza-
beth Marston a publick House or Ordinary in Edenton and there told
the sayd Porter he had receiv* the aforesayd Order Whereupon the
Hono"' S' Rich** Everard Bar* Governo' of the province aforesaid who
was at the Sayd House rose up from his Seat & comanded him not to
take any l)ody out of his Company & further told him that he was no

Marshall and that he thought he the Sayd Parke had a great

he would protect every body that was in his Company and bidd him tell
the Court so Upon which the Sayd Parke imediately withdrew without
the Sayd Porter and return** to the Court and made report thereof.

Robert Pear(« came into Court and made Information upon Oath in
these Words Viz* Rolx^rt Pearce Sworne on the holy Evangelists upon
his Oath Sayth that on Monday morning about the hours of three and
four before Sunrising he this Informant being in his own Lodging room in
Bed and wak* out of his Sleep did hear a Noise in the next adjoining
room to this Informant's And imediately thereon this Inform* heard the
voyce of James Bremen (to whom the sayd next adjoining room belongs &
another persons voyce which this Informant takes to be M' Rich** Everard
which Sayd Bremen & M' Everard demanded this Informant to open
his Door And (this Informant being silent therein) the sayd Bremen &
M' Everard l)oth went round to this Informants Wooden Window which
was then close shutt) which they broke open and Splitt in peices And
then M' Rich** Everard (whose face this Informant saw by moon light)
did fire in upon this Informant in his sayd Lodging room Severall times
with a pistol 1 or pistolls thro' the Window broken open as aforesayd and
took full aime to this Inform* to fire at him & then went mund into the
Sayd Bremens Room & broke the door of the sayd room (which before
was nayled) in Severall jmrts And Severall fires from a pistoll or pistolls
were fired in upon him this Inform* By which meanes he this Inform*
was much in danger of his life & was very much hurt in his face &
hand by the Gunpowder that lodg** in his Face & hand and very much
burned him this Informant And further Sayth the sayd Bremen told
liim this Inform* that he the sayd Bremen had gotten this Informants

COLONIAL RECORDS. 61

Bullett Moole & had Cast BuUetts enough to do the business of this
Informant and all the rest of em that day And Sayd See what your lisp-
ing Judge can do now to help you and the Sayd Bremen declared that
he would enter into the room of this Informant and break one of his
Cutlaces and then he would have but one to defend himself with; And
this Informant further Saith that the Sayd James Bremen Sayd Here
damne his Blood shoot his Braines out Sign** Robert Pearce & thus (*)
for Seale Upon which he pray* Security of the Peace.

Which Informacon being Corroborated by the Oaths of John Ismas
Gent and Thomas Jones Attorney at Law It is Consider^ that the Pro-
vost Marshall be directed to take them the sayd James Bremen and
Richard Everard into his Custody and them Safely keep untill they give
Security in the Sum of One hundred pounds Sterling each and two
suretys for each of them in the sum of fifty }K)unds sterling every of them
With Condioon that they be and appear at the next Gen* Court on the
last Tuesday in July next on the third day of the sayd Court & in the
mean time that they shall keep the peace of our Sovereign Ix)rd the King
as well towards his Majesty as all his leige people And particularly
the Sayd Robert Pearce and not depart from the Sayd Court without
Lycence &c

And then the Court 1
adjourned by order J

[B. P. R. O. Journals. B. T. Vol. 39. p. 154.]

Whitehall Tuesday June 3*^ 1729.

At a Meet« of H. M. Com" for Trade & Plant'

Present
Earl of Westmorland. M' Pelham

M' Docminique. M' Bladen

M' Ashe.
A letter was read from Maj. Gooch Lieut. Gov. of Virginia dated 28
Fel/ 172|^ with several inclosures — including Protest of the Comm"
of North Can)lina against proceeding on the division line l^etween the
two Governments and the Virginia Comm" Answer thereto. Two Plans
of the Division line between Virginia and Carolina run in 1728 by the
Comra" & Surveyor of the two Govern**

62 COLONIAL RECORDS.

Ordered that an Extract of that part of Major Gooch's letter which
relates to the payment of the Virginia Comm" for running the division
line between that Colony and Carolina be sent to the Treasury for direc-
tions therein.

[Page 160.J

Whitehall Wednesday June 4*** 1729.

A letter for enclosing an extract of M' Gooch letter (abovenient*) read
yesterday to M' Scrope Sec^ to the Lords of the Treasury was agreed &
ordered to be sent.

[Page 183.]

Whitehall Tuesday June 17*** 1729.

An Order in Councill of 26 March 1729 was read for Warrants to l>e
prepared for M' Fitzwilliams Surveyor General of the Customs to be
admitted into the Councils of Virginia, Carolina & Jamaica.

[Page 1»5.]

Whitehall Tuesday July 8**» 1729.

A letter from M' Lovill, Sec^ to the Province of North Carolina dated
12*** Dec. 1728 was read and the Papers therein referred to were laid
before the Board, Viz : \

The Carolina Comm" first & second Journal on the Boundary
Copy of the Plan sent to the Lords Proprietors of Carolina
Copy of an Address of the Council of the Province of North Caro-
lina to His Majesty containing complaints against Sir Richanl Everard
Deputy Gov' of that Province

A letter for inclosing the abovement** Address to the Duke of New-
castle for His Majesty's directions thereon was signed.

[Page 217.J

Whitehall Thursday August 7*** 1729.

An Order of the Lords of the Committee of Council dated 31"* of last
month referring to this Board the copy of an Address from the Mem-
bers of the Council for North Carolina containing Complaints against
Sir Richard Everard Deputy Gov' of that Province and requiring the
Board to examine into the all^ations thereof and report their opinion
thereupon was read together with the copy of the said Address.

Another Order of the Lords of the Committee of Council of the same
date referring to this Board the copy of a letter from Sir Richard Eve-
rard Deputy Governor of North Carolina to the Duke of Newcastle with
a copy of Sir Richard's Orders and Resolutions delivered to the Council
of that Province about granting Lands and filling vacant places in that

COLONIAL RECORDS. 63

Go verm* and requiring the Board to examine into the same and report
their opinion was read together with the said pajHjrs whereupon direc-
tions were given for enquiring who apj>ears or solicits on behalf of Sir
Richard Everard and of the Members of the Council for North Caro-
lina in order to their bringing what Proofs they have to offer in support
of their respective all^ations.

[Page 235.1

• Whitehall. Tuesday Aug* 26**» 1729.

Capt. Burrington late Deputy Governor of North Carolina attending
the undermentioned papers lately received from him cxjncerning that
Province were laid before the Board, viz*

The Journal of the Lower House of Assembly from !■* November
1725 tQ 14 April 1726.

Copy of a letter from Capt. Burrington late Deputy Governor of
North Carolina to the Lords Proprietors without date complaining of
his being removed & giving some account of the affairs of that Province

Copy of the Declaration of Sir Richard Everard present Deputy Gov'
of North Carolina dated 6 Jan^ 172f owning his having been imposed
on by M' Lovick the Secretary M' Gale Chief Justice and M' Little
Attorney General.

The two Orders of the Lords of the Com*^ of His Maj. most Hon"'
Privy Council both dated the 31"* July last & mentioned in the Minutes
of the 7*** inst. the one referring U) this Board the copy of an Address of
the Council for North Carolina to His Maj. containing complaints against
Sir Rich. Everard Bart. Deputy Gov' there, the other referring likewise
to this Board the copy of a letter from Sir Rich. Everard to the Duke
of Newcastle with a Copy of Sir Richard's Orders & Resolutions deliv-
ered to the Council of that Province being now again read together with
the said copies of papers Their Lordships after discoursing with Capt.
Burrington thereupon gave directions for preparing the Draught of a
Report in answer to the Ordeni of the Lords of the Committee of
Council above mentioned.

[Pa^e 299.]

Said Draught of Report was agreed and ordered to be transcribed 27***
August.

[Pa^e 250.]

Whitehall Monday October 6*** 1729

A letter from M' Byrd one of the Com" for settling the Boundaries
between Virginia and North Carolina dated in Virginia 27*** June last

64 COLONIAL RECORDS.

relating to the difficulties attending that service and the pay of the per-
sons employed therein was read And the Journal of the said Coram"
with a chart of the Dividing Line there\vith received were laid before
the Board Whereupon Directions were given for preparing the Draught
of a letter to M' Byrd in answer thereto.

[Pagre aea.j
Whitehall Thursday Oct' 16*^ 1729.

A letter from M' Vernon one of the Clerks of His Maj. most Honor****
Privy to the Secretary of this Board dated yesterday was read signifying
that the Lords of the Committee of Council thought it necessary &
desired to discourse with the Board this Even* upon two of their Reports
viz* the one made the 8** inst. upon a Memorial of the House of Repre-
sentatives of the Massachusetts Bay and the other upon the Address of
the Members of the Council of North Carolina against Sir Richard
Everard their Governor & also upon Sir Richard's letters with his Orders
& Resolutions delivered to the said Council And a message being brought
that the Lords of the Committee had adjourned to Monday next in the
evening Their Lordships of this Board adjourned to the same time

[Page 2S9.J

Whitehall Wednesday Nov' 26*** 1729

A letter from his Grace the Duke of Newcastle of the 12*** inst. refer-
ring to the Board several papers as underment' relating to Jamaica,
North Carolina and Newfoundland was read and the said

several papers were laid before the Board, viz*

******

Copy of Gov' Everard's letter to his Grace the Duke of Newcastle
dated 18 June 1729.

Copy of Gov' Everard's letter to the Council in his letter of 18 June
1729

Copy of a letter from M' Porter ti> His Grace the Duke of Newcastle
dated 24*** Jan'^^ 172|.

TPage S06.]

Whitehall Tuesday Dec' 16*** 1729.

Their Lordships then took again into consideration the North Caro-
lina papers in answer to a complaint against the Governor & relating to
Grants of Land there referred to in the Duke of Newcastle's letter of the
12*** & entered in the Minutes of the 26*** of last month and agreed to
reconsider the same agreeable to their Report t<) the Ty>rds of the Com-

COLONIAL RECJORDS. 65

mittee of 2* Sept. last when a Governor shall be appointed for North
Carolina.

Ordered that a letter be wrote to M' Scrope for a copy of the Surrender
of Carolina from the Lords Proprietors & of such other Papers relating
to the said Province as may be necessary for the Board's perusal.

1730.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 1.]

LETTER FROM THE DUKE OF NEWCASTLE TO THE
LORDS OF TRADE 7"» JANUARY 1729.

Whitehall Jan'" 7*** 17|^.
My Lords,

His Majesty having been pleased to appoint Greorge Burrington Esq'
Grovernor of North Carolina has commanded me to signify to your Lord-
ships His Pleasure, that you prepare a Commission and Instructions for
him accordingly

I am

My Lords

Your Lordships most obedient
humble servant

HOLLES NEWCASTLE

[B. P. R. O. North Carolina. B. T. Vol. 2L p. 1.]

LORDS OF TRADE TO DUKE OF NEWCASTLE

16 JANUARY 17|f.

To His Grace the Duke of New Castle

My Lord,

Having in obedience to his Maj. commands signifyed to us by Your
Grace's letter of the 7*** inst prepared the Draught of a Commission for
Greorge Burrington Esq" to be his Maj. Captain General and Grovemor
9

66 COLONIAL RECORDS.

in Chief of his Maj. Province of North Carolina in America, We here-
with transmit the same to Your Grace with our Representation thereupon
which Your Grace Mrill be pleased to lay before his Majesty.

We are
My Lord

Your Grace's
most obed* and

most hum"' Serv"

P. DOCMINIQUE

O. BRIDGEMAN

W- CARY

F. FRANKLAND

Whitehall T. PELHAM.

January 16*^ 17fJ.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 3.]

COMMISSION FOR CAPTAIN GEORGE BURRINGTON TO
BE GOVERNOR OF NORTH CAROLINA

15 JAN*^ 17|f.

George the Second by the Grace of God of Great Britain France and Ire-
land King Defender of the Faith &c. To Our Trusty and Welbe-
loved Geoi^ Burrington Esq" Greeting,

We reposing especial trust and confidence in the prudence Courage
and Loyalty of you the said George Burrington of our especial grace
certain knowledge and meer motion have thought fit to constitute &
appoint and by these presents do constitute and appoint you the said
George Burrington to be our Captain General and Governor in Chief in
and over our Province of North Carolina in America.

And we do hereby require and command you to do and execute all
things in due manner that shall belong unto your said command And
the trust we have reposed in you according to the several powers & autho-
rities granted or appointed you by this present Commission and the In-
structions herewith given you or by such fiirther powers instructions or
authorities as shall at any time hereafter be granted or appointed you
Tinder our signet & Sign Manual or by our Order in Our Privy Council
& according to such reasonable Laws & Statutes as are now in force or
shall hereafter be made and agreed upon by you with the advice and

COLONIAL RECORDS. 67

consent of Our Council and the Assembly of our said Province under
your Govern^ in such manner and form as is hereafter expressed.

And Our will and pleasure is that you the said George Burrington
(after the publication of these our letters patents) do in the first place
take the Oaths appointed to be taken by an Act passed in the first year
of the reign of our late Royal- Father of blessed memory entituled An
Act for the further security of his Maj^ person & government & the
succession of the Crown in the heirs of the late Princess Sophia being
Protestants & for extinguishing the hopes of the pretended Prince of
Wales and his open & secret Abettors As also that you make & subscribe
the Declaration mentioned in an Act of Parliament made in the 25*** year
of King Charles the Second, entituled An Act for preventing dangers
which may happen from Popish Recusants And likewise that you take
such oath as is usually taken by the Governors of our Colony of Vir-
ginia mutatis mutandis for the due execution of the Office & trust of our
Capt. Greneral & Gov' of our said Province for the due & impartial admin-
istration of Justice And further that you take the Oath required to be
taken by Governors of Plantations to do their utmost that the several
laws relating to the Plantations be observed which said Oath & Declara-
tion our Council in our said Province or any three of the Members
hereof have hereby full power & authority & are required to tender &
administer unto you and in your absence to our Lieut. Gov' if there be
any in the place All which being duly performed You shall administer
unto the Members of our s* Council as also to our Lieut. Gov' if there
be any upon the place the said Oaths mentioned in the said Act entituled
An Act for the further security of his Maj. person & government and
the succession of the Crown in the heirs of the late Princess Sophia
being Protestants & for extinguishing the hopes of the pretended Prince
of Wales & hi$i open & secret abettors As also to cause & make them
subscribe the aforementioned Declaration & to administer to them the
Oath for the due execution of their places & trusts

And We do hereby give and grant unto you full power & authority
to suspend any of the Members of our said Council from sitting voting
& assisting therein if you shall find just cause for so doing.

And if it shall at any time happen that by the death defmrture out
of our said Province Suspension of any of our said Councillors or other-
wise there shall be a vacancy in our said Council (any three thereof we
do hereby appoint to be a quorum) Our Will & Pleasure is that you
signify the same unto us by the first opportunity that We may under
our Signet & Sign Manual constitute & appoint others in their stead.

68 COLONIAL RECORDS.

But that our affairs at that distance may not suffer for want of a due
number of Councillors if ever it shall happen that there shall be less
than seven of them residing in our s^ Province We do hereby give &
grant unto you the said George Burrington full power and authority to
choose as many persons out of the principal Freeholders Inhabitants
thereof as will make up the full number of our s* Council to be seven
and no more which persons so chosen & appointed by you shall be to all
intents & purposes Councillors in our s** Province until either they shall
be confirmed by us or that by the nomination of othere by us under Our
Sign Manual & Signet our said Council shall have seven or more per-
sons in it

And We do hereby give '& grant unto you full power & authority
with the advice & consent of Our said Council from time to time as need
shall require to sumon and call General Assemblies of the said Free-
holders & Planters within your government according to the laws &
usages of our s^ Province of No. Carolina.

And our will and pleasure is that the persons thereupon duly elected
by the major part of the Freeholders according to such laws & usages as
afores** & of the respective Counties & places & so returned shall before
their sitting take the Oaths mentioned in the said Act entituled An Act
for the further security of his Maj. person & the succession of the Crown
in the Heirs of the late Princess Sophia being Protestants and for extin-
guishing the hopes of the pretended Prince of Wales & his open & secret
abettors as also to make & subscribe the forementioned Declaration (which
Oaths & Declaration you shall commissionate fit persons under our seal
of North Carolina to render & administer to them and until the same
shall be so taken & subscribed no person shall be capable of sitting tho'
elected) And We do hereby declare that the persons so elected & quali-
fyed shall be called and deemed the General Assembly of our said Pro-
vince & Territory of North Carolina.

And that you the said Greorge Burrington with the consent of the s*
Council & Assembly or the major part of them respectively shall have
full power & authority to make constitute and ordain Laws Statutes &
Ordinances for the public peace welfare & good government of our said
Province and of the people & inhabitants thereof and such others as
shall resort thereto & for the benefit of us our Heirs and Successors
which said Laws Statutes & Ordinances are not to be repugnant but as
near as may be agreeable to the I^aws & Statutes of this our Kingdom
of Great Britain

COLONIAL RECORDS. 69

Provided that all such Laws Statutes & Ordinances of what nature or
duration soever be within three months or sooner after the making
thereof transmitted unto us under our said seal of North Carolina for
our approbation or disallowance of the same as also Duplicates thereof
by the next Conveyance.

And in case any one or all of the said Laws Statutes & Ordinances
not before confirmed shall at any time be disallowed & not approved &
so signified by us our Heirs & Succe&sors under our or their Signet &
Sign Manual or by order of our or their Privy Council unto you the
said George Burrington or the Commander in chief of our s* Province
for the time being then such & so many of the said Laws Statutes & Ordi-
nances as shall be so disallowed & not approved shall from thenceforth
cease determine & become utterly void & of none effect anything to the
contrary notwithstanding.

And to the end that nothing may be parsed or done by our said Council
or Assembly to the prejudice of us our Heirs & Successors We will and
ordain that you the said George Burrington shall have & enjoy a n^a-
tive voice in the making and passing of all Laws Statutes & Ordinances
as aforesaid

And you shall and may likewise from time to time as you shall judge
it necessary adjourn prorogue & dissolve all General Assemblies afores*

Our further Will and Pleasure is that you shall and may keep & use
the public seal of North Carolina for sealing all things whatsoever that
ought to pass the seal of our said Province under your Government

And we do further give and grant unto the said George Burrington
full power and authority from time to time and at any time hereafter by
yourself or by any other to be authorize<l in that behalf to administer &
give the Oaths mentioned in the said Act for the further security of their
Maj. person & government & the succession of the Crown in the heirs of
the late Princess Sophia being Protestants and for extinguishing the
hopes of the pretended Prince of Wales and his open & secret abettors
to all and every such person or persons as you shall think fit who shall
at any time or times pass into our said Province or shall be resident and
abiding there

And We do by these presents give & grant unto you the said George
Burrington full power & authority with the advice & consent of our said
Council to erect & constitute & establish such & so many Courts of Judi-
cature & Public Justice within our said Province & Territory you &
they shall think fit & necessary for the hearing & determining of all
causes as well Criminal as Civil according to law & equity & for award-

70 COLONIAL RECORDS.

ing of execution thereupon with all reasonable & necessary powers &
authorityes fees & privileges belonging thereunto As also to appoint &
commissionate fit persons in the several parts of your Govern' to admin-
ister the Oaths mentioned in the afores** Act as also to tender and admin-
ister the afores* Declaration unto such persons belonging to the said
Courts as shall be obliged to take the same.

And We do hereby authorize and empower you to constitute & appoint
Judges & in cases requisite Copimiss" of Oyer & Terminer Justices of
the Peace & other necessary Officers & Ministers in our said Province
for the better administration of Justice & putting the Laws in execution
And to administer & cause to be administered unto. them such Oath or
Oaths as are usually given within our said Colony of Virginia for the
due execution & performance of Offices & Places & for clearing of truth
in judicial causes.

And we do hereby give and graunt unto you full power and authority
where you shall see cause or shall judge any Offendor or Offendors in
criminal matters for any fine or forfeitures due uuto us fit objects of our
mercy to pardon all such Offendors and remit all such ofiences fines and
forfeitures Treason & Wilful Murder only excepted in which cases you
shall likewise have power upon extraordinary occasions to grant reprieves
to the Ofiendors until and to the intent our Royal Pleasure may be
known therein

And We do by these presents authorize & empower you to collate any
person or persons to any Church Chappel or other Ecclesiastical Benefices
within our said Province & Territory aforesaid to which We our Heirs
& Successors shall be entitled to collate as often as any of them shall hap-
pen to be void.

And We do hereby give and grant uuto you the said George Burriug-
ton by yourself or by yo' Capt^ & Com" by you to be authorized full
power & authority to levy arm muster and command all persons what-
soever residing within our said Province and Territory of North Caro-
lina and as occasion shall serve to march from one place to another or to
embark them for the resisting & withstanding all Enemies Pirates &
Rebels both at sea and land and to transport such forces to any of our
Plantations in America if necessity shall require for the defence of the
same against the invasion or attempts of any of our Enemies and such
enemies pirates and rebels (if there shall l)e occasion) to pursue & prose-
cute in or out of the limits of our said Province & Plantations or any
of them. And (if it shall so please Gml) them to vanquish apprehend
and take & being taken according ti) law to put to death or keep and

COLONIAL RECX)RDS. 71

preserve alive at your discretion and to execute Martial I^w in time of
invasion or other times when by law it may be executed and to do &
execute all and every other thing & things which to our Capt Gen* or
Governor in Chief doth or ought of right to l)elong.

And We do hereby give and grant unto you full power and authority
by and with the advice and consent of our said Council of North Caro-
lina to erect raise & build in our said Province & Territory such and so
many Forts Platforms Castles Cities Boroughs Towns & Fortifications
as you by the advice aforesaid shall judge necessary and the same or any
of them to fortify & furnish with ordnance ammunition & all sorts of
arms fit and necessary for the security & defence of our said Provint*
and by the advice aforesaid the same again or any of them to demolish
or dismantle as may be most convenient.

And for as much as divers mutinies and disorders may happen by per-
sons shipt and employed at sea during the time of war and to the end
that such as shall shipt and employed at sea during the time of war may
be better governed & ordered We do hereby give and grant unto you the
said George Burrington to constitute & appoint Captains liieiit* Masters
of Ships Commanders & other offitjers Commissions to execute the Law
Martial according to the directions of an Act passcnl jn the 13"* year of
the reign of King Charles the Se(x>nd entituled An Act for the establish-
ing Articles & Onlers for the n^ulating & better government of His
Maj. Navies Ships of War & forces by sea during the time of war & to
use such proceedings authorities punishments corrections & executions
upon any offendor or offendors who shall be mutinous seditious disor-
derly or any way unruly either at seji or during the time of their abode
or residence in any of the forte harbours or bays of our said Province
& territory as the cause shall be found to require acconling to Martial
liaw and the said di rations during the time of war as aforesaid Pro-
vided that nothing hei*ein (contained shall l)e construed to the enabling
you or any by your authority to hold plea or have any jurisdi<*tion of
any offence cause matter or thing committed or done upon the High Seas
or within any of the Havens Rivers or Creeks of our said Province &
Territory under your Govern* by any C'aptain Ijieut Commander Master
Officer Seaman Soldier or person whatsoever who shall be in our actual
service or pay in or on board any of our ships of war or other Vessels
acting by immediate Commission or Warrant from our Commissioners
for executing the office of our High Admiral or from our High Admi-
ral of Great Britain for the time being under the seal of our Admiralty
But that such Captain Lieut Commander Master Officer Seaman Soldier

72 COIX>NIAL RECK)RDS.

or other person so offending shall be left to be proceeded against and
tryed as their offences shall require cither by Commission under our
Great seal of Great Britain as y* Statute of 28**" Henry y* 8*** directs or
by Commission from our Ixls. Commiss" for executing the OflSce of our
High Admiral or from our High Admiral of Great Britain for the time
Ixjing according to the forementioned Act for establishing Articles &
Orders for the regulating and better government of His Maj. Navies
Ships of War and Forces by sea and not otherwise. Provided neverthe-
less that all disorders & misdemeanors conmiitted on shoar by any Captain
Commander Lieut Master Officer Seaman, Soldier or other person what-
soever belonging to any of our ships of war or other Vessels acting by
immediate Commission or Warrant from our said Commissioner for exe-
cuting the Office of High Admiral or from our High Admiral of Great
Britain for the time being under the seal of our Admiralty may be tried
and punished according to the Laws of the place where any such disor-
ders offences or misdemeanors shall be committed on shoar notwithstand-
ing such offender shall be in our actual service & born in our pay on
b<>ard any such of our ships of war or other vessels m.'ting by immediate
commission or warrant from our said Commiss" for executing the Office
of High Admiral or Our High Admiral of Great Britain for the time
being as aforesaid so as he shall not receive any proteccon for the avoid-
ing of justice for such offences committed on shoar from any pretence of
his being employed in our service at sea.

And our further Will and Pleasure is that all public money raised or
which shall be raised by any Act hereafter to be made within our said
Province Ix* issued out by warrant from you by & with the advice & con-
sent of the Council & disposed of by you for the support of the Govern-
ment and according to the laws of our said Province of North Carolina
and not otherwise

And We do likewise give & grant unto you full power & authority by
& with the advice & consent of our said Councill to settle and agree with
the inhabitants of our said Province for such lands tenements and heredi-
taments as now are or hereafter shall be in our power to dispose of and them
to grant to any person or persons upon such terms and under such mode-
rate quit rents services & acknowledgements to be thereupon reserved unto
us as you by the advice aforesaid shall think fit which said Grants are to
pass and be sealed by our public seal of our said Province & being entered
upon record by such officer or officers as are or shall be ap}x>inted there-
unto shall be good <fe effectual in law against us Our Heirs and Successors.

COLONIAL RECORDS. 78

And We do hereby give & grant unto you the said Greorge Burrington
full power to order and appoint fairs marts & markets as also such and so
many ports harbours bays havens & other places for convenience and
security of shipping and for the better loading & unloading of goods and
merchandizes as by you with the advice & consent of the s* Council shall
be thought fit & necessary.

And We do hereby require & command all OiBoers & Ministers Civil
& Military and all other inhabitants of our s* Province & Territory to be
obedient aiditig & assisting unto you the s* George Burrington in the exe-
cution of this our Commission & of the powers & authorities herein con-
tained and in case of yo' death or alxsenc« out of our said Province to be
obedient aiding & assisting unto such j>er8on as shall he appointed by us
our Heirs & Successors to be our Lieut. Governor or Commander in Chief
of our said Province to whom we do therefore by these presents give &
grant all singular the powers & authoritys herein granted to be by him
executed & enjoyed during our pleasure or until your arrival within our
said Province and whom we do hereby require to take all such oaths &
make such declaration as are herein before appointed to be taken & made
bv you Mutatis mutandis which said oaths & declaration our said Coun-
cil in our said Proving or any three of the Meml)ers thereof have hereby
full power & are hereby required to tender & administer And if upon
your death or al)sence out of our said I*rovince there be no person upon
the place commissionated or appointed by us to be our I^ieut. Governor or
Commander in Chief of our said Province Our Will & Pleasure is that
the eldest Councillor whose name is first placed in our Instructions to you
and who shall be at the time of your death or absence residing within our
said Province & Territory of North Carolina shall take upon him the
administration of the Governm' & execute our said Commission & Instruc-
tions & y* several powers & authorities therein contained in y* same man-
ner & to all intents & purposes a-s other our Governor or Commander in
Chief should or ought to do in case of your absence until your return or
in all cases until our further will and pleasure be known therein

And We do hereby declare ordain & appoint that you the s** George

Burrington shall and may hold execute & enjoy the office & place of our

Captain General & Governor in Chief of our s** Province & Territory of

North Carolina with all its rights members & appurtenances whatsoever

t(^ether with all & singular the powers & authorities hereby granted unto

you for & during our Will & pleasure In Witness whereof We have

caused these our Letters to be made Patents

* Ex*.
Witness &^% 10

74 COLONIAL RECORDS.

[B. P. B. O. North Carolina. B. T. Vol. 8. A. 6.]

AT THE CX3URT AT S* JAMES'S THE 22* DAY OF JANU-
ARY 1729. (-30.)

Present
The King's most excellent Majesty
in Council
Upon reading this day at the Board a Draught of a Commission pre-
pared by the Lords Commissioners for Trade & Plantations for George
Burrington Eiq" to be His Maj*'" Captain Generall and Governor in
Chief of His Majesty's Province of North Carolina in America Which
Draught the said Lords Commissioners have represented to be drawn in
the usuall Form with the Commissions for other His Majesty's Grovern-
ors in America His Majesty in Councill was thereupon pleased to approve
thereof and to order as it is hereby ordered that one of His Majesty's
principal Secretarys of State do cause a Warrant to be prepared for His
Majesty's Royall signature in order to pass the said Draught of a Com-
mission (which is hereunto annexed) under the Great Seal of Great

Britain.

A true Copy

TEMPLE STANYAN.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 6.]

COPY OF AN ORDER OF COUNCIL OF THE

22* JAN'^ 17JJ

At the Court at S* James's the 22* day of January 1729.

Present
The Kings most excellent Majesty
in Council
Whereas the Members of the Council of the Province of North Caro-
lina have by an address presented to His Majesty at this Board com-
plained against Sir Richard Everanl appointed Deputy Governor of that
Province by the late Ijords Proprietors thereof as being guilty of crimes
of a heinous nature with respect to His Majesty's Royal Person and
Government — And whereas the said Sir Richard Everard hath by his

COLONIAL RECORDS. 75

letter to His Grace the Duke of Newcastle one of His Majesty's princi-
pal Secretarys of State complained of some of the Proceedings of the
said Council and also of the Secretary of that Province, for having taken
upon them to make Grants of Lands there and to fill up vacant Places
in that Government. His Majesty was this day pleased to take the said
Papers into his Royal consideration together with two reports from the
Lords of the Committee of Council and also from the 'Lords Commis-
sioners for Trade & Plantations thereupon — And in regard there hath
not been any proofs transmitted to support the said Complaints — His
Majesty doth therefore hereby order, that copies of the said Papers be
put into the hands of George Burrington Esq" His Majesty's Governor
of North Carolina, to make strict enquiry into the truth thereof — And
report to His Majesty at this Board the matter of fact as it shall appear
to him that exemplary justice may be done according to the nature of the
offences said to have been committed.

A true copy

TEMPLE STANYAN.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 26.]

LORDS OF TRADE TO THE KING 3 FEBRUARY 17J|.

To the King's most excellent Maj^ '

May it please Your Majesty

Your Majesty having been pleased to appoint a Governor over your
Province of North Carolina We take leave to represent to Your Majesty
that a public seal will be necessary for sealing all public instruments
there according to the method practised in all other Your Maj. Colonies
in America, We therefore most humbly propose that Your Maj. may be
pleased to order a public seal for the said Province accordingly
Which is most humbly submitted

T. PELHAN.

M. BLADEN.

ED. ASHE

OR. BRIDGEMAN
Whitehall

February 3«» 17f|.

76 COLONIAL RECX)RDS.

[B. P. R. O. North Carolina. B. T. Vol, 8. A. 2.]

ORDER OF COUNCIL OF THE 21-* FEBRUARY 17}^.

At the Court at S* James the 21st day of February 17J|^.

Present
The King's Most Excellent Majesty in Council.

Upon reading this day at the Board, a Representation from the Lords
Commissioners for Trade and Plantations, setting forth, that as His
Majesty hath been pleased to appoint a Governor over the Province of
North Carolina, a Publick Seal will be necessary for sealing all publick
Instruments there, according to the method practised in all other His
Majesty's Colonys in America. And therefore humbly propose, that
such a Seal may be ordered accordingly. His Majesty in Council was
pleased to approve thereof, and to order as it is hereby ordered, that a
Publick Seal be prepared and given to the Governor of the said Province
of North Carolina, And that the said Lords Commissioners for Trade
and Plantations do cause a Draft of such Seal, to be prepared and laid
before His Majesty at the Board, for His Royal 1 Approbation.

JA: VERNON.

[B. P. R. O. Am: & W. Ind. No. 592.]

WARRANT APK)INTING M' RICE SECRETARY OF NORTH

CAROLINA FEB^ 17J|

Our Will and Pleasure is that you prepare a Bill for our Royal signa-
ture to pass our Great Seal, containing our Grant of the office or Place
of Secretary of our Province of Noilh Carolina in America, unto our
Trusty and Welbeloved Rice Esq" To have, hold, exercise and enjoy the
same by himself or his sufficient Deputy or Deputies (for whom he will
be answerable) during our Pleasure, and his Residence within our said
Provin(« \*'ith all Fees Rights, Profits, Priviledges & advantages what-
soever thereunto belonging in as full and ample manner as any other
Secretary of our said Province hath held or of right ought to have held
and enjoyed the same, and for so doing this shall Ik* your Warrant.
Given at our Court at St. James the day of February 17^

in the thiril year of our Keign

By his Maj*^ command
To our Attoniev or

Solicitor Greneral.

COLONIAL RECORDS. 77

[B. P. B. O. NoBTH Carolina. B. T. Vol. 8. A. 3.]

REPRESENTATION OF GOVERNOR BURRINGTON TO

THE BOARD OF TRADE. ^

[March 1730.]

To the Right Hon"* the Lords Commissioners of His Majesty's Trade
and Plantations.

The humble Representation of George Burrington, Governor of North
Carolina viz*

The Inhabitants of said Province are exceeding poor and distressed
ariseing from the calamitys of the well known warrs with the Indians of
the said country whereby they were not only decreased by great numbers
who therein perished, but the rem' suffered from such incursions by the
destruction of their Houses, Cattle & Plantations, which from his great
care and application (when Gov' for the Proprietors) together with the
low price of quitt rents encouraged a multitude to resort thither and
settle, whereby the abovementioned miseries are greatly restored and
repaired.

Dureing the warrs with France, that Nation frequently landed and
plundered the sea coasts, to prevent which they the said Inhabitants were
absolutely obliged to be at great expenses to guard for the preservation
of their propertys by establishing a force to repell tliem, which must ever
be their care in point of any hostilities commenced by the French (tho'
not foreseen) or any other Nation.

This Province hath many Islands therein, of which few are inhabita-
ble from their scituation, as seated in the Main Land and Sea which
tc^ther with the illconvenience of the Sand Banks prevent all large mer-
cantile Vessel Is to pass and that thro'out the Country (Cape Fear river
excepted) from the shallow inletts to such said Rivers which causes all Mer-
chandize to be brought in small vessells thither or by land, either from
Virginia or other neighbouring Colonies, where there are open Ports, and
this (Kx»sions all the European Commoditys thither brought to be at least
5' in the pound dearer than in any such Ports and adjoyning Colonies,
and for the same reason the protluce of North Carolina in return is sold
^ 5' in the pound cheaper than in said Virginia and other adjoyning
Colonies, by which manifestly appears the difference in profitt of J in
trade.

78 COLONIAL RECORDS.

As North Carolina followed the rule and method of the adjoyning
Colony of Virginia by settleing y* Quit Rent^ of Lands therein to be
paid at 2* for each hundred acres (which does not exceed 4* English
money) it's reasonable to believe that if such Quitt Rents are advanced
so as to exceed the rates paid in Virginia, the Inhabitants must of course
judge themselves rather oppressed than relieved, which will deterr them
from cultivating an increase of Lands, when they must be more expen-
sively obteynetl than by their Neighboui*s, which will certainly prevent
them from engaging as they flattered themselves to doe, on the Province
becomeing the property of the British Crown.

Which should certainly be avoyded for that North Carolina has vast
tracts of Land not improveable by the Power of man some part thereof
being Pine barren Land which can never redound to the least advantage
of the Owners (except once in 20. or 30. years) when they gather there
from a small quantity of light wood to make pitch and tarr, and many
vast tracts there are very low and exceeding wett, in soe much that noe
place thereon can be found to raise the least structure to dwell in, and
attended with the great illeonvenience of the overflux of the Rivers
almost thro' out the Country, which terryfy all from any attempt of
seetleing there which occasions a just fear of perishing by water and that
in some places even for 30 miles together, as particularly on Roanoak
River and soe in generall tho' in different d^rees.

His Majesty's Subjects in North Carolina have in every sigular occa-
sion (many of which have offered) evidently demonstrated their zealous
loyalty unto His Majesty and His glorious Ancestor (particulars of which
would be too tedious to enumerate) attended with a constant singular
bravery, for which reasons and considerations it's humbly suggested that
without r^ard to the previous reasons They are justly entituled to claym
His Majesty's protection and that with the indulgence of shareing his
Royal Favour by being placed on the same Basis of payment of Quitt
Rents as are the other of His Majestie's Subjwts in North America

Which with due r^ard to your Lonl"* is submitte<l to your well
experienced wisdome & Judgment by

Your Lonl"* most olxxlient

Most humble Servant

GEO. BURRINGTON.

COLONIAL RECORDS. 79

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 26.]

LORDS OF TRADE TO THE KING. 25 MARCH 1730.

To the King's most Excellent Maj*^

May it please your Maj*^

In obedience to yo' Maj*^ commands signified to us by yo' Order in
Council of the 21** of y* last month directing us to cause the draught of
a seal to be prepared for yo' Maj. Province of North Carolina & to lay
the same before yo' Maj*^ for your Royal approbation We humbly take
leave to annex a draught accordingly whereon Liberty is represented
introducing plenty to your Maj. with this Motto Quae sera tamen respexit
and this inscription round the circumference. Sigillum Provincise nostras
Carol inse Septentrional is

In the reverse of this seal we would humbly propose Your Maj. arms
Crown, Garter, Supporters & Motto with this inscription round the cir-
cumference Geo. II. Dei Gratia Magnse Britanise Francise et Hibernise
Rex Fidei Defensor Brunsvici et Lunenbergi Dux Sacri Romani Imperii
Archi Thesaurarius et Elector.

All which is humbly submitted

WESTMORELAND
P. DOCMINIQUE
T, PELHAM
Whitehall M. BLADEN

March 25"* 1730 ED. ASHE

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 7.]

At the Court at S* James's the 10*** day of Aprill 1730.

Present
The King's most excellent Majesty in Councill
Upon reading this day at the Board a Report from the Lords Com-
missioners for Trade & Plantations dated the 25*** of March last with
the Draught of a seal for the Province of North Carolina, whereon Lib-
erty is represented introducing Plenty to His Majesty with this Motto
Quae sera tamen respexit; and this inscription round the Circumference,

80 COLONIAL RECORDS.

Sigillum Provincise nostiw Caroliiiaj Septentrional is. And the said Lords
Commissioners hnmbly propose that on the Revei'se may be His Majesty's
arms, Crown, Garter Supporters and Motto with this inscription round
the Circumference,^Georgius Secundus, Dei Gratia, Magnse Britanniae,
Franeiffi et Hiberuiae, Rex Fidei Defensor Brunsvici et Lunebergi Dux ;
Saeri Romani Imperii Archi-Thesaurarius Elector: His Majesty in
Councill this day took the same into consideration and was pleased to
approve thereof, and to order as it is hereby ordered that His Chief
engraver of Seals do forthwith engrave a silver Sc*al according to the
said Draught which is hereunto annexed and to what is above proposed
by the said Lords Commis" for the reverse of the said Seal ; & his Graw
the Duke of Newcastle one of His Majesty's principall Secretarys of
State is to cause a Warrant to Ikj prepartnl for His Majesty's Royall Sig-
nature to the said Engraver as usual upon the like occasions.

A true Coj)y

JA: VERNON.

[B. P. R. O. Am: A W: Ind: Vol. 22. p. 7.]

PLACES IN THE PROVINCE OF NORTH CAROLINA IN
THE GIFT OF HIS GRACE THE DUKE OF

NEWCASTLE.

Chief Justice*

Se<Tetarv

Attoraev General

Provost Marshall

When 1 was Governour for the Proprietors the Bill mony was under
ten Thousand Pounds, att that time P^nglish Commodities sold for ten
times the prime cost in Bills. In the last Assembly held in that Pro-
vince in November Past an addition was made of thirty thousand |)ounds
new Bills, which consequently makes them of very little value, the Offi-
cers emph)vments will be verv inconsiderable if thev are not allowed to
take their fees in Proclamation mony, or according to that value.

COLONIAL RECORDS. 81

[B. P. R. O. Am: A W : Ind; Vol. 22. p. 8.]

Sir

I have known the Bearer M' Smith for some years and can truly ^iffirm
that he hath had a Regular Education both at the University and the
Middle Temple, and that he hath been a Barrister at Law for two years :
I believe him Qnallified for the Imployment he is seeking after, and that
he is well affected to his Majestys Person and Government
I am S*" your most humble servant

ELDE

April the 25'*' 1730.

[B. P. R. (). North Carolina. B. T. Vol. 8. A. 4.]

LETTER FROM THE DUKE OF NEWCASTLE TO THE
LORDS COMMISSIONERS FOR TRADE

28 APRIL 1780.

Whitkhaij. April 28*'^ 1730.
My Lords,

I send your Lordships herewith, by His Majesty's Command a Copy
of a Letter w"** I have received from M' Porter Judge of the Admiralty
at North Carolina, containing an account of the unwarrantable proceed-
ings of Sir Richard Everard late Governor of that Province, in giving
Grants of Land there, to the great prejudice of His Majesty's Right to
the same, and I am to signify to you His Majesty's pleasure, that you
examine into this matter, and report the state of the case as it shall
appear to you, with your opinion what may be proper for His Majesty

to order upon it.

HOLLES. NEWCASTLE

LB. P. R. O. North Carolina. B. T. Vol. 21. p. 27.]

LORDS OF TRADE TO THE KING 28 APRIL 1730.

To the King's most Excellent Maj*-

May it please YorR Ma.i*''

In our Representation to the Lords Justices of the 30*^ Aug. 1720
accompanying a Draught of Instructions for Francis Nicholson Esq" to
11

82 COLONIAL RECORDS.

be Governor of South Carolina We did propose that Commissions should
forthwith be prepai'eil to be used in the two Provinces of South & North
Carolina for trying of Pirates in both y* s* Provinces.

Their Excellencies in Council on 20*** Sept. following taking the same
into consideration did order such Commission to be prepared for the
Province of South Carolina & by their second Order in Council of the
11*** Oct 1720 directed this Board to lay before them y* names of persons
proper to be incerted in y* s'* Com m icon which we did by our report
dated the 27"* of v* same month

•But that Order not extending to North Carolina which was then under
the Govern* of the late Ijords Prop" no such Commicon hath ever yet
been directed for the trying of Pirates in that Province and Your Maj.
having been graciously pleased to appoint Capt. Burrington Gov' thereof
We humbly propose to Your Maj. that the like Commission may be sent
thither for the trying of Pirates as has usually l)een sent to' other Plan-
tations under Your Maj. immediate Governm* And We humbly offer to
Your Majesty the names of such i^ersons as we ccmceave fit to be inserted
in the said Commission, Viz*

George Burrington Esq" Your Maj*^'' Capt. (jcu' & Governor in Chief
of Your Maj. Province of North Carolina in America or the Gov' or
Command' in Chief of y* s** Provincje for the time being

The Vice Admiral or Vice Admirals of y* s'* Province for the time

being

The Members of Your Maj. Council in y* said Province for the time

l)eing

The Judge of y* Vice Admiralty in North Carolina or y* Judge or
Judges of the Vice Admiralty in y* s'* Province for y* time being

The Capt" & Command" of Yor Maj. ships of war within the Admi-
ralty jurisdiction of North Carolina for y* time being.

The Secretary of the Province of North Carolina for the time lieing.

The Treasurer or Receiver Gen" of y* s** Province for the time being.

The Surveyor Gen" of Yo' Maj. Customes in Yo' Maj. Southern Prov-
inces on the Continent of Americ»a for the time being

The First or Chief Justice of the Provincial or Supream Court of
North Carolina for the time being

All which is most humbly submitted

WESTMORELAND. T. PELHAM
Whitehall O. BRIDGEMAN. W. CARY

April 28*»' 1780.

COLONIAL RECORDS. 83

[B. P. R. O. Am: A W. Ind. No. 592.]

COUNCIL OF TRADE TO DUKE OF NEWCASTLE

MAY 1*^ 1730.
My Lord

We have had under our oonsideration your Grace's Letters to us of the
12"* of November last and of the 28*** of last month and the Papers
therein referred to in relation to the conduct of S' Richard Everard late
Governor of North Carolina with respect to his unwarrantable proceed-
ings in giving Grants of Land in that Province, and as we conceive that
all such Grants of Land as have been made since his Majesty has pur-
chased that Province to be void Sir Richard Everard having had no
Authority that we know of for granting the same, we shall insert an arti-
cle in the Instructions which we are now preparing for Captain Burring-
ton to declare them so; We shall likewise insert several other articles
directing the manner of Granting of Lands for the future and for the col-
lecting his Majesty's Quit Rents thereon and shall more fully explain the
same in our Representation thereupon to his Majesty which we shall
enclose to your Grace

My Lord Your Graces

most obedient and most humble Servants

WESTMORELAND
DOCMINIQUE
T. PELHAM
Whitehall THO. FRANKLAND

May 1'* 1730. OLIV BRIDGEMAN

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 31.]

A. POPPLE TO FRANCIS TANE 4 JUNE 1730

To Francis Tane Esq"

Sir,

My Lords Commissioners for Trade and Plantations command me to
send you the inclosed copy of the Carolina Charter and to desire your
opinion in point of law whether according to the said Charter any Grant
from the Lords Proprietors of that Province be valid unless signed by
them all and under their common seal

I am Sir Your most humble Serv*

ALURED POPPLE

84 COLONIAL RECORDS.

[B. P. R. O. B. T. South Carouna. Vol. 4. C. 90.]

MEM: FROM COLL: JOHNSON RELATING TO SOME

CLAUSES IN THE DRA** OF HIS ISTRUCTIONS

FOR THE GOV : OF SOUTH CAROLINA.

I aprehend the running the boundary line between South and North
Carolina would admitt of the following way of expresing it to answer
the same intent vid: That a line shall be run (by Commissioners
appointed by each province) beginning at the Sea 30 miles distant from
the mouth of Cape Fear River on the South West side thereof keeping
the same distance from the said River as the Course thereof runs to the
main sourse or head thereof and from thence the said boundary line
shall be continued due west as far as the South Seas. But if Waccama
River lyes within 30 miles of Cape Fear River then that River to be
the boundary from the sea to the head thereof, and from thence to keep
the distance of 30 miles Paralel from Cape Fear River to the head
thereof and from thence a due West Course to the South Sea.

(Endorsed)
Rec* June 8*^
Read. June 9*** 1730.

[B. P. R. O. Am: A W: Ind: Vol. 22. p. 9.]

Whitehall August the 4"* 1730.
Sir

I am directed by the Lords Commissioners for Trade and Plantations
to acquaint you that they have signed their Representation to his Maj-
esty in Council upon your Instructions so long ago as the 10^ of June
last, and have waited ever since for your List of Councillors ; But if you
do not bring them the names of Twelve persons proper to be inserted
upon that occasion by Monday next Their I^ordships will either send
away your Instructions without Councillors, or name them without wait-
ing any longer for your advice upon that subject.

I am Sir your most humble servant

B. WHEELOCK.
Hon^ George Burriogton Esq"

CX)LONIAL RECXDRDS. 85

[B. P. R. O. Am: A W: Ind: Vol. 22. p. 9.]

London the 8*^ of August 1730.
Sir

Receiving the inclosed I waited upon the Lords Commissioners of
Trade and shewed them my old list of Councellors without any names
against Chief Justice, and Secretary, Coll : Bladen filled them up with
his own hand before M' Pelham and M' Brudenell ; I hope his Grace
the Duke of Newcastle (my noble patron) will not be offended; M'
Brudenell has promised to inform his Grace how cautious I behaved in
this affair.

There is nothing done yet with M' Germain tuesday next is appointed
for meeting M' Bo wen

I am (S')

your most humble

and most obedient servant

GEO: BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 8.]

LIST OF 12 PERSONS RECOMMENDED BY CAPTAIN
BURRINGTON TO BE OF THE COUNCIL

OF N. CAROLINA

Smith. Chief Justice
Nathaniel Rice. Secretary
James Jenoure. Surveyor
Robert Halton Esq
Edmund Porter Esq
John Baptiste Ashe Esq
James Stallard Esq**
Eliezer Allen Esq"
Mathew Rowan Esq"
Richard Eyans E^"
Cornelius Harnett Esq'
John Porter senior Esq'

re
re

re

86 COLONIAL RECORDS.

Smythe Esq" Chief Justice
Nathan" Rice Esq"* Secretary Esq'
James Genour Surveyor Esq'
Robert Halton Provost Marshall &c. Esq'
Edmund Porter
John Baptiste Ashe
James Stollard
Eliezer Allen
Mathew Rowan
Cornelius Harnett
Richard Eyans

The Surveyor Generall of our Customs for the South District of
America for the time being.

^^ le*** August 1730.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 32.]

LORDS OF TRADE TO DUKE OF NEWCASTLE

13 AUGUST 1730.

To his Grace the Duke of Newcastle
My Lord,

Your Grace will receive inclosed the Draught of General Instructions
and of those which relate to the Acts of Trade for Capt. Burrington His
Majesty's Governor of North Carolina with our Representation there-
upon And we desire Your Grace will please to lay them before His

Majesty

We are •

My Lord

Your Grace's

most obedient &

most humble Serv**

P. DOCMINIQUE

T. PELHAM

M. BLADEN

OR. BRIDGEMAN

JA: BRUDENELL

Whitehall

13"» August 1730.

COLONIAL RECORDS. 87

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 33.]

REPRESENTATION OF LORDS OF TRADE TO THE

KING 13 AUGUST 1730.

To the King's most Excellent Majesty.
May it please Your Majesty,

In obedienoe to Your Maj. commands signified to us by a letter from
his Grace the Duke of Newcastle one of his Maj. principal Secretaries
of State dated the 7*^ of Jan"^ last We have prepared the Draught of
General Instructions and of those which particularly relate to the Acts
of Trade & Navigation for Greorge Burrington Esq** whom Your Maj.
has been pleased to appoint Governor of the Province of North Caro-
lina which Instructions we have made agreeable to those given to Your
Maj. other Governors in America and more particularly to those lately
prepared for Col. Johnson Your Maj Gov' of South Carolina so far as
they are applicable to the circumstances of this Province taking notice
in this Report of such alterations as have been made therein.

In the 1"* Article we have inserted the names of twelve persons who
have been recommended to us as fitly qualified to serve Your Maj. in
the Council of this Province and have added to them the Surveyor Gen-
eral of Your Maj customs in the south part of America for the time
being Your Maj. by your Order in Council of 26 March 1729 having
been pleased to approve of a proposal made by this Board for appointing
him a Member of every Council in those Governments within his dis-
trict which the Board conceived to be for Your Maj. service

We have inserted the 19*^ Article to the same purpose as that in Col.
Johnson's Instructions for remitting Your Maj. share of the arrears of
quit rents and as they are for the future to be paid in Proclamacon money
We take leave humbly to propose that all salaries and fees payable in the
several offices there be likewise paid in Proclamacon money and we have
added some words to the end of this article to that purpose.

We have inserted the 41"* Article directing the Governor to examine
into several complaints of a very high nature made against Sir Richard
Everard late Deputy Governor of this Province by the Council as like-
wise into the complaints made by the said Sir Richard Everard against
the Council and others and to report his proceedings thereupon.

We have added the following words to the 42"'* Instruction. Viz: You
are likewise to enquire whether any Grants of laud have been made in

88 COIiONIAL RECORDS.

No. Carolina and to whom without authority from ussinl* we purchased
the interest of seven of the Proprietors of that Province which was on
the second day of July 1729 that we may give such orders therein as
shall be thought convenient for our service being informed that Sir Rich-
ard Everard Deputy Governor for the late Lords Proprietors in North
Carolina hath taken upon him to make several large Grants of land in
that Province since Your Maj. purchased seven eighth parts thereof.

At the end of the 59*'' Instruction we have added the words unless by
the laws of the Province there are other fees for the like services already
establish* having reason to believe there may be fees already settled there
by law.

All the other Articles in these Instructions are the same with those
proposed by this Board for Col. Johnson Your Maj. Gov^ernor of South
Carolina

All which is mast humbly submitted

P. DOCMINIQUE
M. BLADEN
T. PELHAM
JA. BRUDENELL

OR. BRIDGEMAN
Whitehall

13"» Aug* 1730.

[B. P. R. O. Am: A W: Ind: Voi^ 22. p. 10.]

Septemlw the 3"* 1730.
May it please your Grace

In North Carolina there are att this time ton Precinct*^, when the
Countr}' is all over peopled there may be as many more, att present
there is a Register in every Precinct, but if his Majesty gives a Commis-
sion or Patent to any Gentleman to keep a General Register for the
whole Country the Precinct Registers must drop.

I am

my Lord Duke
your Graces
most humble

and most devoted ser\'ant

GEO. BURRINGTON.

COLONIAL RECORDS. 89

[B. P. R. O. B. T. ViBaiNiA. Vou 19. R. 127.]

LIEUT: GOV: GOOCH'S ANSWER TO QUERIES.

4e 4c ♦ ♦ ♦ ♦

What number of Indians &c — 14***

The Indians tributary to this Government are reduced to a small
number the remains of the Maherin and Nansemond Indians are by
running the Boundary fallen within the limits of North Carolina. The
Saponies and the other petty Nations associated with them being dis-
turbed by the Tuscaruroes are retired out of Virginia to the Cattawbaws.
So that there remain only the Pamunkeys on York River and they not
above tenn Familys, and the Nottoways on the South side of James
River whose strength exceeds not fifty fighting men. Both these Nations
are seated in the midst of the English settlements, and hitherto have
maintained a friendly correspondence with them

What is the strength <fec 15***

We have no Indian Nation of any Strength nearer than the five Na-
tions under the Government of New York on the North, and the Cat-
tawbaws and Cherokees within the limits of Carolina to the South, and
both of them near 400 miles from the Inhabitants of Virginia.

(Endorsed)
Rec* 14*** Sep* 1780.

[ B. p. R. O. North Carolina. B. T. Vol, 8. A. 9.]

GOV BURRINGTON TO ALLURED POPPLE ESQ"
SECRETARY TO THE BOARD OF TRADE.

London December 8*** 1730.
Sir,

I desire the I^rds of Trade &c will be pleased to j^iver other direction
and opinion, Whether I may give new Patents to Old Land holders in
North Carolina, paying the same Quit Rents they formerly paid for the
same Lands Whether I may allow the House of Burgesses to nominate
the Receivers of the Country Taxes or ought (myself) to appoint them
I am (Sir)

Your most humble servant
12 GEO BURRINGTON.

90 CX)LONIAL RECORDS.

[B. P. R O. North Carolina. B. T. Vol. 21. p. 100.]

ALURED POPPLE TO GOV. BURRINGTON

10 DEC. 1730.

To Capt. Burrington

Sib,

In answer to the two questions in your letter to me of the 8*"* inst.

1** Whether you may give new Patents to old Landholders in North
Carolina paying the same Quit rent they formerly paid for the same
land?

2iidiy Whether you may allow the House of Burgesses to nominate the
Receivers of the Country Taxes or ought yourself to appoint them ?

I am directed by the Lords C^mmiss" for Trade & Plantations to
acquaint you that as to the first their Lordships think that you ought to
make no Grant of land whatsoever without reserving the Quit Rents
directed by your 43** Instruction.

As to the 2^ their Lordships being informed that His Majesty has

appointed a Receiver General for North Carolina they are of opinion

that no other Receiver of Public Taxes ought to be allowed there.

I am

Your most hum"* Serv*

ALURED POPPLE.
Whitehall

December 10^ 1730.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 37.]

INSTRUCTIONS FOR OUR TRUSTY AND WELBELOVED

GEORGE BURRINGTON ESQ" OUR CAPTAIN

GENERAL AND GOVERNOR IN CHIEF IN &

OVER OUR PROVINCE OF NORTH CARO-

G. Rex. LINA IN AMERICA. GIVEN AT OUR COURT

AT ST. JAMES'S THE FOURTEENTH DAY OF
DECEMBER 1730 IN THE FOURTH YEAR OF
OUR REIGN

With these our lustructions vou will receive our Commission under

»

our Great Seal of Great Britain constituting you our Capt. General and
Governor in Chief in & over our Province & Territory of North Caro-

COLONIAL RECORDS. 91

lina in America You are therefore to fit yourself with all convenient
speed & to repair to our said Province of North Carolina and being
arrived there you are to take upon you the execution & place of trust
we have reposed in you and forthwith to call together the Members of
our Council in that Province Viz: — William Smith, Nathaniel Rice,
Jas Jenoure Robt. Halton, Edra* Poiter, John Baptiste Ashe, James
Stallard, Eliezer Allen, Mathew Rowan Richard Eyans Cornelius Har-
net John Porter Sen' Esq"* and the Surveyor General of our Customs
for the South district of America for the time being.

2. You are with all due and usuall solemnity to cause our said Com-
mission constituting you Captain General & Governor in chief as afore-
said to be read and published at the said Meeting of our Council which
being done you shall yourself take & also administer unto each of the
Members of our said Council the Oaths mentioned in an Act passed in
the first year of his late Maj. reign, our Royal father entitled an Act for
the further security of his Maj. person & Government and the succession
of the Crown in the heire of the late Princess Sophia being Protestants
for extinguishing the hopes of y* pretended Prince of Wales & his open
& secret abettors As — ^also make & subscribe & cause the Members of
our s* Council to make & subscribe y* declaration mentioned in an Act
of Parliament made in y* 25*'' year of the Reign of King Charles the
2^ entituled An Act for preventing dangers which may happen from
Popish Recusants And you & every of them are likewise to take an Oath
for the due execution of your & their places & trusts as well as with
regard to your & their equal & impartial administration of justice And
you are also to take the Oath required to be taken by Governors of Plan-
tations to do their utmost that the Law relating to the Plantations be
observed.

3. You are forthwith to communicate unto our said Council such & so
many of these our Instructions wherein their advice & consent are men-
tioned to be requisite as likewise all such others from time to time as you
shall find convenient for our service to be imparted to them.

4. You are to permit the Members of our said Council to have &
enjoy freedom of debate and vote in all affairs of public concern that
may be debated in Council

5. And altho' by our Commission afores* We have thought fit to direct
that any three of our Council make a quorum It is nevertheless our
Will and Pleasure that you do not act with a Quorum of less than five
members unless upon emergencies when a greater number cannot con-
veniently l)e had.

92 COLONIAL RECORDS.

6. And that we may be allways informed of the names & characters
of }>erson.s fit to supply tiic Vacancies which shall happen in our said
Council You are to transmit unto us by one of our Principal Secretaries
of State and to our Commissioners for Trade & Plantations with all con-
venient speed the names & characters of twelve persons inhabitants of
our s* Province whom you shall esteem the best qualified for that trust
And so from time to time when any of them shall die depart out of our
s** Province or l)ecome otherwise unfit You are to nominate so manv
other persons in their stead that the list of twelve persons fit to supply
the s* Vac*ancies may Iw always complete.

7. Whereas by our Commission to you You are empowered in case of
the death or absence of any of our Council of our said Province to*fill
up the Vacancies in the said Council to the number of seven and no more
You are from time to time to send to us as aforesaid and to our Com" for
Trade & Plantations the name and qualities of any Members by you put
into the said Council by the first convenience after your so doing.

8. And in the choic^e and nomination of the Members of our said Coun-
cil as also of the chief officers Judges Assistants, Justices and Sherift*s
You are always to t^ke («re that they l>e men of good life an<l well affected
to our Government and of good estates and abilities and not netsessitous
l^rsons.

9. You are neither to augment nor diminish the number of our s*
Council as it is hereby established nor to sus|)end any of the Members
thereof without good and sufficient clause nor without the consent of the
majority of the s* Council And in case of the suspension of any of them
you are to cause your reasons for so doing together with the charges &
proofs against the said persons and their answers thereunto to be duly
entered upon the (l?ouncnl B<K)ks and fortliwith to transmit «)pies thereof
to us as aforesaid and t<i our Commiss" for Trade & Plantations. Never-
theless if it should happen that you should have reason for suspending of
any Councillor not fit to be (communicated to the Council You may in
that (Use suspend such person without their consent But you are there-
u}K)n immediately to send to us by one of our Principal Secretaries of
State and to our Commiss" for Trade & Plantations an accrount thereof
with your rwLsons for such susjx?nsion as also for not communicating the
same to the Council and duplicates thereof by the next opportunity.

10. You aixj to signify our pleasure unto the Meml)ers of our said
Council that ifany of them shall hereafter absent themselves from our
said Province and continue absent alcove the spaw of twelve months
without leave from you or from the Conunan<l(T in (?hief of the said

COLONIAL RE<X)RDS. 93

Province for the time being first obtained under his or your hand & seal,
or shall remain absent for the space of two years successively without our
leave given them under our Royal Signature, their place or places in the
said Council shall immediately becx)me void and that we will forthwith
appoint others in their stead.

IL And whereas, we are sensible that effectual care ought to be taken
to oblige the Members of our said Council to a due attendance therein in
order to prevent the many inconveniences that may happen for want of
a quorum of the Council to transact business as occasion may require It
is our Will & Pleasure that if any of the Members of our said Council
residing in the Province shall wilfully absent themselves from the Coun-
cil Board when duly summoned without a just & lawful cause and shall
persist therein afler admonition you suspend the said Councillors so ab-
senting themselves till our further pleasure be known giv^ing us timely
notice thereof And we do hereby will & require you that this our Royal
pleasure be signified to the several Members of our said Council and
that it be entered in the Council Books of our said Province as a stand-
ing rule.

12. You shall take care that the Members of the Assembly be elected
only by freeholders as being more agreeable to the custom of this King-
dom to which you are as near as may be to conform yourself in all par-
ticulars.

13. In case you find the usual Salaries or pay of the Members of the
Assembly too high you shall take care that they be reduced to such a
moderate proportion as may be no grievance to the country wherein nev-
ertheless you are to use your discretion so as no inconvenience may arise
thereby.

14. And whereas the Members of several Assemblies in the Planta-
tions have frequently assumed to themselves privileges no way belonging
to them especially of being protected from suits at law during the term
they remain of the Assembly to the great prejudice of their Creditors
and the obstruction of justice and some have presumed to adjourn them-
selves at pleasure without leave from our Gov' first obtained and others
have taken upon them the sole framing of money bills refusing to let the
Council alter or amend the same all which are very detrimental to our
Prerogative If upon your calling an Assembly in North Carolina you
find them insist upon any of the abovesaid privil^es you are to signify
to them that it is our Will and Pleasure you do not allow any protection
to any Menil)er of the Council or Assembly further than in their per-
sons and that only in the sitting of the Assembly and that you are not

94 (JOLONIAL RECX)RDS.

to allow them to adjourn themselves otherwise than de die in diem except
Sundays & Holidays without leave from you or the Commander in Chief
for the time being first obtained and that the Council have the like power
of framing Money Bills as the Assembly And you are hereby expressly
enjoined not to allow the said Assembly or any of the Members thereof
any power or privile^ whatsoever which is not allowed by us to the
House of Commons or the Members thereof in Great Britain.

15. You arc to observe in the passing of all laws that the style of
enacting the same be by the Governor, Council & Assembly You are
also as much as poasible to observe in the passing of all Laws that what-
ever may be requisite upon each different matter be accordingly provided
for by a different law without intermixing in one and the same Act such
things as have no proper relation to each other And you are more espe-
cially to take care that no clause or clauses be inserted or annexe<l to any
Act which shall be foreign to what the title of such respective Act
imports And that no perpetual clause be made part of any temporary
law And that no Act whatever l)e altered suspended revived confirmed
or repealed by general words but that the title an<l date of such Act so
suspended altered revived «>nfirmed or repealed Ikj particularly men-
tioned & expressed.

IG. You are to take care that in all Acts or Orders to be passeil within
that our Province in any case for levying money or imposing fines or
penalties express mention be made that the same is granted or reserved
to us our Heirs and Successors for the public uses of that our Province
and the support of the Govern* thereof as by the said Ac»t or Order shall
be directed And you are particularly not to pass any law or do any Act
by Grant Settlement or otherwise whereby our Revenue may be lesseneil
or impaired without our s]>ecial leave or command therein.

17. You are not to permit any (Jause whatsoever to be inserted in any
law for levying Money or the value of money whereby the same shall not
be ma<le liable to be accounted for unto us and to our Comm" of our
Treasury or to our High Treasurer for the time being and audited by
our Auditor General of our Plantations or his Deputy for the time
being.

18. And it is our express will & pleasure that no I^aw for raising any
imposition on wine or other strong liquors be made to wntinue for less
than one whole year as also that all other Laws made for the supply &
support of the Government shall be indefinite and without limitation
except the same 1k» for a tem|)orary service and which shall expire and
have their full effovt within the time prefixt.

COLONIAL RECORDS. 95

19. Whereas we have been at very considerable charge in purchasing
the Sovereignty of the Provinces of South & North Carolina together
with seven eighths parts of the land thereof from the late Lords Pro-
prietors and have actually paid them in consideration of seven eighths
parts of Quit rent only allied to be due and in arrear to them from the
inhabitants of our said Province the sum of £5,000 Now as a further
mark of our Royal Bounty & fatherly indulgence to our people under
your government We do hereby empower you to give your assent to a
law if not already done for remitting the said arrears Provided that by
the same law all possessors of land in our Province under your govern-
ment do forthwith register their respective grants by which they claim
such lands in the office of our Auditor Greneral or his Deputy a copy of
which Register and of all Grants to be made for the future you are to
send to us as aforesaid & to our Comm" for Trade & Plantations and
that every person possessing land in the Province by virtue of any Grant
from the late Lords Proprietors do for the future pay to us our Heirs
and Successors the annual Quit rents reserved upon such Grants respec-
tively in Proclamation money and that the salaries and fees payable to all
Officers under your govern* be for the future likewise be paid in procla-
mation money.

20. Whereas Acts have been passed in some of our Plantations in
America for striking bills of credit & issuing out the same in lieu of
money in order to discharge their public debts and for other purposes from
whence several inconveniencies have arisen It is therefore Our Will &
Pleasure that you do not give your assent to or pass any Act in our Pro-
vince in your government whereby bills of credit may be struck or issued
in lieu of money without a clause being inserted in such Act declaring
that the same shall not take effect until the said Act shall have been ap-
proved & confirmed by us our heirs and successors and It is our Will and
pleasure that you do immediately send an account to us & to our Comm"
for Trade <fe Plantations whether any pai3er bills be now current in North
Carolina and if any to the amount of what sum and what fund is pro-
vided for striking of them as likewise whether the same be at any and
what discount and for what time they are current.

21. And whereas great mischiefs may arise by p&ssing bills of an unu-
sual and extraordinary nature & importance in the Plantations which
Bills remain in force there fi^m the time of enacting until our pleasure
be signified to the contrary We do hereby will and require you not to
pass or give your assent to any Bill or Bills in the Assembly of our
said Province of unusual and extraordinary nature and importance

96 COLONIAL RECORDS.

wherein our prerogative or the property of our subjects may be prejudiced
or the trade & shipping of this Kingdom be any ways affected until you
shall first have transmitted unto us the draught of such a Bill or Bills
and shall have received our Royal pleasure thereupon unless you take care
in the passing of any Bill of such nature as aforementioned that there be
likewise a clause inserted therein suspending & deferring the execution
thereof until our pleasure shall be known concerning the same.

22. And whereas several laws have formerly been enacted in some of
our Plantations in America for so short a time that our assent or refusal
thereof could not be had thereupon before the time for which such laws
were enacted did expire You shall not therefore give your assent to any
law that shall be enacted for a less time than two years except in the cases
mentioned in the forgoing 18*** Article.

23. And our further will and pleasure is that you do not re-enact any
law to which the assent of us or our Royal Predecessors has once been
refused without express leave for that purpose first obtained from us upon
a full representation by you to be made to us and to our Comm" for Trade
and Plantations of the reason and necessity for juLssing such law nor give
your assent to any law for re|)ealing any other law passed in your govern-
ment whether the same has or has not recciveil our myal approbation
unless you take care that there Ik* a clause* therein sus|K'nding & deferring
the execution thereof until our pleasni'e shall be known concerning the
same.

24. You are also to take care that no private Act whereby the prop-
erty of any private person may be affected be passed in which there is
not a saving of the rights of us our heirs & successors all Bodies politic
and corporate and of all other |)ersoiis exwpt such as are mentioned in
the same Act and thase claiming by from or under them And further
you shall take cai'e that no such private act Ik* passed without a clause
sus|)ending the executicm thereof until the same shall have receiveil our
royal approbation It is likewise our will and pleasure that you do not
give your assent to any private act until proof be made befoi*e you in
Council (and entered in the Council Book) that public notification was
made of parties intention to apply for such Act in the several parish
churches where the pnMuistis in question lye for three Sundays at least
successively before such Act was brought into the Assembly.

25. And that we may the better understand what Acts & Laws are in
force in our said Province of North Carolina You are with the assistance
of the Council to take care that all Laws now in fort* there be revived
& considered and if there be anything either in the matter or style of

COLONIAL RECORDS. 97

them which may be fit to be retrenched or altered You are to represent
the same to iis with your opinion touching the said laws now in force
(whereof you are to send a complete body unto us and to our Comm"
for Trade & Plantations at the end of the first Session of Assembly
after your arrival there as they now are together with such proposals for
alterations as you shall think requisite to the end our approbation or dis-
allowance may be signified thereupon.

26. And we do hereby particularly require and enjoyn you upon pain
of our highest displeasure to take care that fair books of accounts of all
receipts and payments of all public monies be duly kept and the truth
thereof be attested upon oath and that all such accounts be audited &
attested by our Auditor General of our Plantations or his Deputy who
is to transmit copies thereof to our Comm" of our Treasury & to our
High Treasurer for the time being and that you do every half year or
oftener send another copy thereof attested by yourself to our Comm"
for Trade and Plantations and duplicates thereof by the next conven-
ience in which Book shall be specified every particular sum raised or dis-
posed of together with the names of the persons to whom any payments
shall be made to the end We may be satisfied of the right and due appli-
cation of the revenue of our said Province with the probability of the
increase or diminution of it under everv head or article thereof.

27. And you are likewise to transmit authentic copies of all laws stat-
utes and ordinances which at any time hereafter shall be made or enacted
within our said Province each of them separately under the public
seal unto us as aforesaid and to our Comm" for Trade <fe Plantations
within three months or sooner after their being enacted together with
duplicates thereof by the next conveyance upon pain of our highest dis-
pleasure and of the forfeiture of that year's salary wherein you shall at
any time or upon any pretence whatsdever omit to send over the said
Laws Statutes & Ordinances aforesaid within the time above limited and
also of such other penalty as we shall please to inflict And you are
hereby directed that the copies and duplicates of the said Acts be fairly
abstracted in the Margins But if it shall happen that no shipping shall
oome from our said Province within three months after the making
such laws statutes and ordinances whereby the same may be transmitted
as aforesaid then the said Laws Statutes & Ordinances are to be trans-
mitted by the next convenience aft«r the making thereof whenever it
may happen for our approbation or disallowance of the same.

28. And our further Will and Pleasure is that every Act which shall
be transmitted the several dates or respective times when the same passed

13

98 COLONIAL RECORDS.

the Assembly, the Council and received your Assent be particularly
expressed And you are to be as explicit as may be in your observations
(to be sent to Our Comm" for Trade & Plantations) upon every Act
that is to say whether the same is introductive of a new Law declaratory
of a former Law or does repeal a Law then before in being Aiid you
are likewise to send to our said Comm" the reasons for the passing of
such Law unless the same do fully appear in the preamble of the said Act

29. You are to require the Secretary of our said Province or his
Deputy for the time being to furnish you with transcripts of all such
Acts and public Orders as shall be made from time to time together with
a copy of the Journals of the Council and that all such transcripts and
copies be fairly abstracted in the margins to the end the same may be
transmitted unto us and to our Comm" for Trade & Plantations as above
directed which he is duly to perform upon pain of incurring the forfeit-
ure of his place

30. You are also to require from the Clerk of the Assembly or other
proper OflScer transcripts of all Journals & other proceedings of the
said Assembly abstracted in the mai^ins to the end the same may be
in like manner transmitted as aforesaid.

3L Whereas several inconveniencies have arisen in our Governments
in the Plantations by gifts and presents made to the Governors by the
General Assemblies You are therefore to propose unto the said General
Assembly and to use your l)est endeavour that an Act be passed for
raising and settling a public revenue for defraying the necessary charge
of the government of the said Province and that therein provision be
particularly made for a competent salary to yourself as Capt. General
and Governor in chief of our said Province and to any other succeeding
Capt. General and Governor in chief for supporting the dignity of the
said OflSce as likewise due pn)vision for the contingent charges of our
Council & Assembly and for the salaries of the resj>ective Clerks and
other Officers thereunto belonging as likewise for all other Officers nec-
essary for the administration of that government and where such revenue
shall have been settled & provision made as aforesaid It is our express
will and pleasure that neither you the Gov' nor any Governor Lieut.
Gov' or Commander in Chief or President of the Council of our said
Province of North Carolina for the time do give your or their consent
to the passing any law or act for any gift or present to be made to you
or them by the Assembly and that neither you nor they do receive any
gift or present from the Assembly or others on any a(!count or in any
manner whatsoever upon pain of our highest displeasure and of being
recalled from that Government.

COLONIAL RECORDS. 99

32. And We do further direct and require that this Declaration of our
Royal Will and Pleasure contained in the forgoing article be communi-
cated to the Assembly at their first Meeting after your arrival in that
Province and entered in the Journals of the Council and Assembly that
all persons whom it may concern may govern themselves accordingly.

33. And whereas for some years past the Governors of some of our
Plantations have seized and appropriated to their own use the produce
of whales of several kinds taken upon those coasts upon pretence that
whales are royal fishes which tends greatly to discourage this branch of
fishery in our Plantations and prevent persons from setling there It is
therefore Our Will & Pleasure that you do not pretend to any such claim
nor give any manner of disoouragem* to the fishery of our subjects upon
the coasts of the Province of North Carolina under your government
but on the contrary that you give all possible encouragem* thereto

34. And whereas great prejudice may happen to our service and to
the security of our said Province by your absence from those parts you
are not upon any pretence whatsoever to come to Europe without having
first obtained leave for so doing from us under our Sign Manual & Sig-
net or by our Order in our Privy Council Yet nevertheless in case of
sickness you may go to New York or any other of our Northern Plan-
tations and there stay for such a space as the recovery of your health
may absolutely require.

35. And whereas we have thought fit by our Commission to direct
that in case of your death or absence from our said Province and in case
there be at that time no person upon the place commissioned or appointed
by us to be our Lieut. Gov' or Commander in chief the eldest Council-
lor whose name is first placed in these our Instructions to you and who
shall be at the time of your death or absence residing within our said
Province of North Carolina shall take upon him the administration of
the Government & execute our Commission & Instructions and the sev-
eral powers and authorities therein contained in the manner therein
directed It is nevertheless our express will and pleasure that in such case
the said President shall forbear to pass any Acts but what are immedi-
ately necessary for the peace and welfare of our said Colony without our
particular orders for that purpose And that he shall not take upon him
to dissolve the Assembly then in being nor to remove or suspend any of
the Meml)er8 of our said Council nor any Judges Justices of the Peace
or other Officers Civil or Military without the consent of at least seven
of the Council And the said President is to transmit to us and to our
said Commiss" for Trade and Plantations by the first opportunity the rea-
sons for such alterations signed lny himself and by our Council.

100 COLONIAL RECORDS.

36. And whereas we are willing in the best manner to provide for the
support of the government of our said Province by setting apart a suffi-
cient allowance to such as shall be our Lieut. Governor Commander in
Chief or President of our Council for the time being within the same
Our Will and Pleasure therefore is that when it shall happen that you
shall be absent from our said Province one full moiety of the Salary and
of all perquisites and emoluments whatsoever which would otherwise
become due unto you shall during the time of your absence from our said
Province be paid & satisfieil unto such Lieut. Governor Commander in
Chief or President of the Council who shall be resident upon the place
for the time being which we do hereby order and allot unto him towards
his maintenance and for the better support of the dignity of that our
Government.

37. You are not to suffer any public money whatsoever to be issued
or disposed of otherwise than by warrant under your hand by the advice
and consent of our Council but the Assembly may nevertheless be per-
mitted from time to time to view and examine all accounts of money or
value of money disposed of by virtue of laws made by them which you
are to signify to them as there shall be occasion

38. Whenever it is necessary that our rights and dues be preserved &
recovered and that speedy and effectual justice be administred in all
cases relating to our Revenue You are to take care that a Court of Ex-
chequer be called and do meet at all such times as shall be needful And
you are upon your arrival to inform us and our Comm" for Trade and
Plantations whether our service may require that a constant Court of
Exchequer be settled & established there

39. You shall not remit any fines or forfeitures whatsoever above the
sum of ten pounds nor dispose of any forfeitures whatsoever until upon
signifying unto our Comm" of the Treasury or our High Commiss' for
the time being and to our Comm" for Trade & Plantations the nature of
the offence and the occasion for such fines & forfeitures with the particu-
lar sums or value thereof (which you are to do with all speed) you shall
have received our directions therein But you may in the meantime sus-
pend the payment of the said fines & forfeitures.

40. It is our Will and Pleasure that you do not dispose of any for-
feitures or escheats to any person until the Sheriff or other proper officer
has made enquiry by a jury upon their oaths into the true value thereof
And you are to take care that the produce be duly paid to our Receiver
General of our said Province and a full account thereof transmitted to
our Coram" of our Treasury or our High Treasurer for the time being

COLONIAL RECORDS. 101

and to our Comin" for Trade & Plantations with the names of the per-
sons to whom dispased And provided that in the Grants of all forfeited
& escheated lands there be a clause obliging the Grantee to cultivate
three acres for every fifty acres within three years after the passing of
such Grant in case the same was not so cultivated & planted before
And that there be proper savings and reservations of quit rents to us our
Heirs & Successors.

41. Having received an Address from the Members of our Council of
North Carolina and other pa}>ers«>ntaining several complaints of a very
high nature against Sir RichanI Everard Bart, late Deputy Governor of
that Province and the said Sir Richard Everard having written a letter
to the Duke of Newcastle one of our principal Secretaries of State where-
unto are annexed the copies of such Orders & Resolutions as he the said
Sir Ricliard Everard delivered to our said Council of North Carolina
relating to the Grants) of land there and the filling up vacant places in that
government We have thought fit for our service that the said papers or
true copies thereof should \ye delivered to you and you will receive them
from our Comm" for Trade & Plantations Whereupon it is our Will and
pleasure that at your arrival in your government you do make diligent
enquiry into the several matters contained in those papers copies whereof
you are to communicate to the parties concerned allowing them free lib-
erty to examine witnesses in support of their respective allegations And
if upon enquiry you shall find them or any of them to be guilty of the
crimes laid to their charge you shall give directions for their being pros-
ecuted according to law sending a full account of your proceedings therein
to us by one of our principal Secretaries of State and to our Comm" for
Trade and Plantations.

42. Whereas great inconveniencies have arisen in many of our Colonies
in America from the granting of excessive quantities of land to particular
persons which they have never cultivated and have thereby prevented
others more industrious from improving the same more particularly in
North Carolina where several persons claim a right to many thousand
acres which they have not yet taken up and many other persons a right
to many more acres of land than are expressed in their said Grants It
is therefore our Will and Pleasure that you do not suffer any person to
possess more acres of uncultivated land than are mentioned in their
respective grants And you are hereby directed to recommend to the Assem-
bly of our said Province to pass an Act or Acts whereby the owners of
all lands already granted by the late Lords Proprietors shall be obliged
within a reasonable time to take possession of and cultivate the lands by

102 CJOLONIAL RECX)RD8.

them claimed on penalty of forfeiture of such right of claim And to pre-
vent the like inconveniencies for the future in all Grants of land to be
made by you by and with the advice and consent of our Council You are
to take especial care that no Grant be made to any person but in propor-
tion to his ability to cultivate the same And that proper clauses be inserted
for vacating the said Grants on failure of cultivation or payment of the
Quit TenU reserved thereon And as the most probable measure for your
judgment in this particular will be to proportion the quantity of land to
the number persons and slaves in each Grantees family You are hereby
directed not to grant to any person more than fifty acres for every white
or black man woman or child of which the Grantees family shall consist
at the time the grant shall be made But in the laying out of all lands
for the future where such lands shall be contiguous to rivers You are to
take care that not above one fourth part of the land granted shall border
upon the river that is to say there shall be four chains in depth backwards
to every chain in front upon the said river respectively and so in propor-
tion for any larger quantity and that a free passage to and from the said
river be reserved for the use of all His Majesty's subjects,

43. And Whereas by our Commission you are empowered to settle
and agree by and with the advice of our said Council with the inhabi-
tants of our said Province for such lands tenements & hereditaments as
now are or hereafter shall be in our power to dispose of and them to
grant to any person or persons upon such terms and under such moder-
ate quit rents services & acknowledgements to be thereupon reserved
unto us as you by advice aforesaid shall think fit It is nevertheless our
Will and Pleasure that you do not make any grant of land to any per-
son whatsoever under a less Quit rent than four shillings Proclamation
money for every hundred acres.

44. You shall not displace any of the Judges Justices Sheriffs or
other Officers or Ministers in our said Province without good and suffi-
cient cause to be signified unto us and to our Comm" for Trade & Plan-
tations And to prevent arbitrary removals of the Judges & Justices of
the Peace you are not to express any limitation of time in the Commis-
sions which you are to grant with the advice and consent of our Council
of our said Proviribe to })ersons fit for those employments nor shall you
execute by yourself or your Deputy any of the said Offices nor suffer any
person to execute more Offices than one by Deputy.

46. You are shall not erect any Court or Office of Judicature not before
erected or established nor dissolve any C-ourt or Office already erected or
established without our special order.

COIX)NIAL RECORDS. 103

46. You are to transmit unto us and to our Commissioners for Trade
and Plantations with all convenient speed a particular account of all
establishments of Jurisdictions Courts OflSoes & Officers Powers Author-
ities, fees and privil^es granted and settled within our said Province as
likewise an account of all public charges relating to the said Courts and
of such funds as are settled & appropriated to discharge the same together
with exact and authentic copies of all proceedings in such causes where
appeals shall be made to us in our Privy Council.

47. And Whereas by an Act entitled an Act for establishing an
Agreement with seven of the Lords Proprietors <if Carolina for the sur-
render of their title and interest in that Province to His Majesty passed
in the second year of our reign there is a saving to all persons claiming
any office or place under any Grant made before Jan'^ 1"* 172|^ under the
Lords Proprietors common seal of all rights to such offices or places as
they had at the time of passing that Act or might have been entitled to
in case the said Act had not been made You are immediately upon your
arrival in North Carolina to make- diligent enquiry what those Offices
are. their several values how their profits arise in what manner executed,
for what term they are granted and whether they or any of them are
useful or hurtful to the Province And that we may be the better apprized
thereof you are to send to us and to our Comm" of Trade and Plantations
as aforesaid authentic copies of all such Grants together with your expla-
nations and remarks thereon in which you are to be very explicit to the
end you may receive our further diret^tions therein But in the mean time
you are to take especial care that no Office or Place whatsoever in our
said Province be exe<?uted but by Commission to be granteil by us or by
you our Governor under the seal of our said Province.

48. And you are with the advice and (consent of our Council to take
.special care to regulate all salaries and fees belonging to places or paid

upon emergencies that they be within the bounds of moderation and that
no exactions be made on any occasion whatsoever As also that tables of
all fees be publicly hung up in all places where such fees are to be paid.
And you are to transmit copies of all such tables of fees to us and to our
Comm" for Trade and Plantations as aforesaid.

49. And whereas frequent complaints have been made of great delays
and undue proceedings in the Courts of Justice of several of our Planta-
tions whereby many of our good subjects have very much suffered, and it
being of the greatest importance to our service and to the welfare of our
Plantations that justice be everywhere speedily and duly administered
and that all disorders delays and other undue practises in the administra-

104 COLONIAL RECX)RDS.

tion thereof be effectually prevented We do particularly require you to
take especial care that in all Courts where you are authorized to reside
justice be impartially administered and that in all other Courts established
within our said Province all Judges & other persons therein concerned do
likewise perform their several duties without delay or partiality.

50. You are to take care no Court of Judicature be adjourned but upon
good grounds as also that no orders of any Court of Judicature be entered
and allowed which shall not be first read and approved of by the Magis-
trates in open Court which rule you are in like manner to see observed
with relation to the proceedings of our Council of North Carolina And
that all Orders there made be first read and approved in Council before
thev are entered on the Council Books.

51. Whereas We are above all things desirous that our subjects may
enjoy their l^al rights and privileges you are to take especial care that if
any person be committed for any criminal matters unless for treason or
felony plainly and especially expressed in the warrant of commitment he
have free liberty to petition by himself or otherwise the Chief Baron or
any one of the Judges of the Common Pleas for a Writ of Hal)eas Corpus
which upon such application shall be granted & served on the Provost
Marshal Gaoler or other officer having the ciLstody of such prisoner or
shall b(» left at the gaol or plac^e where the prisoner is confined And the
said Provost Marshal or other offi<H?r shall within three days after such
service on the |)ctitioner's paying the fees and charges and giving security
that he will not esc»|)e by the way make return of the Writ and Prisoner
l)efore the Judge who granted out the said Writ and there certify the true
cause of the imprisonment And the said Baron or Judge shall discharge
such prisoner taking his re(»ognizance & sureties for his appearance at the
Court where his offence is c»ognizable & certify the said Writ & Recog-
nizance into the Court unless such offences appear to the said Baron or
Judge not bailable by the laws of England.

52. And in case the said Baron or Judge shall refuse to grant a Writ
of Habeas Corpus on view of the copy of commitment or upon oath made
of such copy having been denyed the prisoner or any person requiring
the same in his behalf or shall delay to discharge the prisoner after the
granting of such Writ the said Baron or Judge shall incur the forfeiture
of his place.

53. You are likewise to declare our pleasure that, in case the Provost
Marshal or other officer shall imprison any person above twelve hours
except by a Mittimus setting forth the cause thereof he be removed from
his said office.

CX)LONIAL RECORDS. 105

54. And upon the application of any person wrongfully committed the
Baron or Judge shall issue his warrant to the Provost Marshal or other
officer to bring the prisoner before him who shall be discharged without
bail or paying fees And the Provost Marshal or other officer refiising
obedience to such Warrant shall be thereupon removed And if the said
Baron or Judge denies his Warrant he shall like^vise incur the forfeiture
of his place.

55. You shall give directions that no prisoner being set at large by an
Habeas Corpus be recommitted for the same offence but by the Court
where he Ls bound to appear And if any Baron Judge Provost Marshal
or other officer contrary' hereunto shall recommit such person so bailed or
delivered You are to remove him from his place And if the Provost
Marshal* or other officer having the custody of the prisoner returns the
Habeas Corpus or reAises a copy of the commitment within six hours
after demand made by the prisoner or any other in his behalf he shall
likewise incur the forfeiture of his place.

56. And for the better prevention of long imprisonment You are to
appoint two Courts of Oyer and Terminer to ire held yearly Viz: On
the 2"* Tuesday in December and the 2* Tuesday in June the charge
whereof to be paid by the public treasury of our said Province not
exceeding one hundred pounds each sessions.

57. You are to take care that all prisoners in case of treason or felony
have free liberty to petition in open Court for their tryals That they be
indicted at the first Court of Oyer & Terminer unless it appear upon
oath that the Witnesses against them could not be produced and that they
be tryed the second Court or discharged And the Baron or Judge upon
motion made the last day of the Sessions in open Court shall discharge
the prisoner accordingly And upon the refusal of the said Baron or
Judge or Provost Marshal or other Officer to do their respective duties
herein they shall be removed from their places.

58. Provided always that no person be discharged out of prison who
stands committed for debt by any decree of Chancery or any l^al pro-
ceedings of any Court of Record.

59. And for the preventing of any exactions that be made upon pris-
oners You are to declare our pleasure that no Baron or Judge shall
receive for himself or clerks for granting a Writ of Habeas Corpus more
than 2* 6* and the like sum for taking a recognizance And that the Pro-
vost Marshal or other officer shall not receive more than 5' for every
commitment. For the Bond the prisoner is to sign 1' 3*. For every
copy of a Mittimus 1* J^ And every Mile he brings back the prisoner 1*

14

\

U)6 COLONIAL RECORDS.

3* Unless by the laws of that Province there are other fees already estab-
lished.

60. And further You are to cause this our Royal pleasure signifyed
unto you by the ten articles of instruction immediately preceding this to
be made public and roistered in the Council Books of our said Prov-
ince.

61. You are for the better administration of justice to endeavour to get
a law passed (if not already done) wherein shall be set the value of men's
estates either in goods or lands under which they shall not be capable of
serving as jurors.

62. You are to take care that no Man's Life Member Freeliold or
Goods be taken away or harmed in our said Province otherwise than by
established and known laws not repugnant to but as near as may be
agreeable to the laws of this Kingdom And that no persons be sent pris-
oners to this Kingdom from our said Province without sufficient proof
of their crimes and that proof transmitted along with the said prisoners.

63. You shall endeavour to get a Law passed (if not already done)
fof the restraining of any inhuman severity which by ill masters or their
overseers may be used towards their Christian servants and their slaves
and that provision be made therein that the wilful killing of Indians &
N^roes may be punished with death and that a fit penalty be imposed
for the maiming of them.

64. You are to take care that all Writs within our Province be issued
in our name.

65. You shall take care with the advice & assistance of our Council
that all Court Houses & other public buildings & especially prisons that
want reparation be forthwith repaired and be put into & kept in such a
condition as is proper & necessary for the holding of Courts keeping
offices and securing the prisoners that are or shall be there in proper
custody.

66. Our Will and Pleasure is that appeals be permitted to be made in
cases of error from the Courts in our said Province unto you and the
Council there in Civil causes Provided the value appealed for do exceed
the sum of One Hundred Pounds sterling and security be first given by
the Appellant to answer such charges as shall be awarded in case the first
sentence shall be affirmed Provided also that if any of the said Council
shall at that time be Judges of the Court from whence such appeal shall
be made to you our Governor & Council or to the Commander in chief
for the time being and Council such Councillor or Councillors shall not
be permitted to vote upon the said Appeal But he or they may neverthe-

COLONIAL RECORDS. 107

less be present at the hearing thereof to give the reasons of the judgment
given by him or them in the cause wherein such appeal shall be made.

67. And if either party shall not rest satisfyed with the judgment of
you or the Commander in Chief for the time being and Council as afore-
said Our Will & Pleasure is that they may then appeal unto us in our
Privy Council provided the sum or value so appealed for unto us do
exceed the real value and sum of three hundred pounds sterling And
that such appeal be made within fourteen days after sentence & good
security given by the Appellant that he will effectually prosecute the same
and answer the condemnation and also pay such costs and damages as
shall be awarded by us in case the sentence of you or the Commander in
chief for the time being and Council be affirmed And it is Our further
Will and Pleasure that in all cases whereby your Instructions you are
to admit Appeals unto us in our Privy Council execution be suspended
until the final determination of such Appeal unless good and sufficient
security be given by the Appellee to make ample restitution of all that
the Appellant shall have lost by means of such judgment or decree in
case upon the determination of such Appeal such judgment or decree
should be reversed and restitution awarded to the Appellant And you
shall cause this declaration of Our Will and Pleasure to be forthwith
entred upon the Council Books of our said Province that all parties may
govern themselves accordingly.

68. You are also to permit Appeals unto us in Council in all cases of
fines imposed for Misdemeanors Provided the fines so imposed amount
to or exceed the sum of one hundred pounds sterling the Appellant first
giving good security that he will effectually prosecute the same and answer
the condemnation if the sentence by which such fine was imposed in
North Carolina shall be confirmed.

69. Whereas there are or may be several offices within our said Pro-
vince granted under the great seal of Great Britain and that our service
may be very much prejudiced by reason of the absence of the patentees
and by their appointing Deputies not fit to officiate in their stead You
are therefore to inspect the said offices and to enquire into the capacity
and behaviour of the persons exercising them & to report thereupon to
us and to our Commiss" for Trade & Plantations what you think fit to
be done or altered in relation thereunto And you are upon the misbeha-
viour of any of the said Patentees or their Deputies to suspend them
from the execution of ^eir places till you shall have represented the
whole matter unto us and received our direcoons therein An<l in case of
the suspension of any such officer it is Our express Will and Pleasure

108 COLONIAL RECX)RDS.

that you take care that the person appointed to execute the plaoe during
such suspension do give sufficient security to the person suspended to be
answerable to him for the profits accruing during such suspension in case
We shall think fit to restore him to his place again It is nevertheless Our
Will and Pleasure that the person executing the place during such sus-
pension shall for his encouragement receive the same profits as the per-
son suspended (if a Deputy) did or a moiety of the profits in case of sus-
pension of the Patentee But you shall not by colour of any power or
authority hereby or otherwise granted or mentioned to be granted unto
you take upon you to give grant or dispose of any place or office within
the said Province which now is or shall be granted under the Great Seal
of this kingdom any further than that you may upon the vacancy of any
such office or place or upon the suspension of any such Officer by you
as aforesaid put in any fit |)erson to officiate in the interval till you have
represented the matter unto us and to our Comm" for Trade & Planta-
tions as aforesaid which you are to do by the first opportunity and till
the said Office or place \ye disposed of by us our Heirs and Successors
under the Great Seal of this Kingdom or that our further directions be
given therein And it is Our express Will and Pleasure that you do coun-
tenance and give all due encouragement to our Patent Officers in the
enjoyment of their accustomed fees and rights privil(^es & emoluments
according to the true intent & meaning of their patents.

70. And whereas Orders have been given for commissi onating fit per-
sons to be Officers of our Admiralty and Customs in our several Planta-
tions in America And whereas it is of great importance to the trade of
this Kingdom and to the welfare of our Plantations that all illegal trade
\ye prevented and suppressed You are therefore to take especial care that
the Acts of Trade and Navigation l)e duly put in execution & in order
thereunto you are to give constant protection and all due enc*ouragement
to the said officers of our Admiralty and Customs in a due execution of
their respective offices and trusts in our said Province under your Gov-
ernment.

71. And whereas several complaints have been made by the Surveyor
General and other officers of our Customs in our Plantations in America
that they are fi-equently obliged to serve on Juries and personally to
appear in arms whenever the Militia is drawn out and thereby are much
hindered in the execution of their employments Our Will and Pleasure is
that you take effectual (are and give the necessary directions that the sev-
eral Officers of our Customs be excused and exempted from serving on any
Juries or personally appearing in arms in tlie Militia unless in case of

COLONIAL RECORDS. 109

absolute necessity or serving any parochial offices which may hinder them
in the execution of their duties.

72. And whereas the Surveyors Greneral of our Customs in the Plan-
tations are impowered in case of the vacancy of any of the Officers of
the Customs by death removal or otherwise to appoint other persons to
execute such offices until they receive further directions from our Comm"
of our Treasury or our High Treasurer or Com" of our Customs for the
time being But in r^ard the districts of the said Surveyors General are
very extensive and that they are required at proper times to visit the
Officers in the several Gov*" under their inspection and that it might
happen that some of the Officers of our Customs in the Province of
North Carolina may die at the time when the Surveyor General is absent
in some distant part of his district so that he cannot receive advice of
such Officer^s death within a reasonable time and thereby make provision
for carrying on the service by appointing some other person in the room
of such Officer who may happen to die therefore that there be no delay
given on such occasions to the Masters of ships or Merchants in their
dispatches It is Our further Will and Pleasure in (»se of such absence
of the Surveyor General and if he should happen to die and in such
cases only that upon the death of any Collector of our Customs within
that our Province You shall make choice of a person of known loyalty
experience diligence & fidelity to be employed in such Collector's room
for the purposes aforesaid until the Surveyor General of our Customs
shall be advised thereof and appoint another to succeed in their places
or that further directions be given therein by our Com" of our Treasury
or our High Treasurer or by the Comm" of our Customs for the time
being which shall be first signifyed taking care that you do not under
pretence of this instruction interfere with the powers & authorities given
by the Comm" of our Customs to the Surveyor General when he is able
to put the same in execution.

73. You shall administer or cause to be administred the Oaths ap-
pointed to be administred in the Act entituled An Act for the further
security of His Majesty's person & Government and the Succession of
the Crown in the Heirs of the late Princess Sophia being Protestants and
for extinguishing the hopes of the pretended Prince of Wales and his
open & secret abettors to the Members & Officers of our Council and
Assembly and to all Judges Justices and other persons that hold any
office or place of trust or profit in our said Province whether by virtue
of any patent under our Great Seal of Great Britain or the public seal
<»f our said Province of North Carolina or otherwise And You shall also

110 COLONIAL RECX)RDS.

cause them to make and subscribe the aforesaid Declaration without the
doing of all which you are not to admit any person whatsoever into any
public office nor suffer those that have been formerly admitted to continue
therein.

74. You are to permit a liberty of conscience to all persons (except
papists) so as they be contented with a quiet and peaceable enjoyment of
the same not giving offence or scandal to the Govern*

75. You shall take especial care that God Almighty be devoutly &
duly served throughout your Govern* the Book of Common Prayer as
by law established read each Sunday & Holiday and the blessed Sacra-
ment admiuistred according to the rites of the Church of England.

76. You shall take care that the Churches already built there be well
and orderly kept and that more be built as the Province shall by God's
blessing be improved and that besides a competent maintenance be as-
signed to the Minister of each Orthodox Church a convenient House be
built at the ct)mmon charge for each minister and a competent propor-
tion of land assigned him for a glebe & exercise of his industry.

77. And you are to take care that the parishes be so limited & settled
as you shall find most convenient for accomplishing this good work.

78. You are not prefer any Minister to any Ecclesiastical Benefice in
that Province without a Certificate from the Right Reverend Father in
God the Lord Bishop of London of his being conformable to the doc-
trine and discipline of the Church of England and of good life and con-
versation And if any person already preferred to a Benefice shall appear
to you to give scandal either by his doctrine or his manners You are to
use the proper and usual means for the removal of him and to supply
the vacancy in such manner as we have directed.

79. You are to give orders forthwith (if the same be not already done)
that every Orthodox Minister within your government be one of the
vestry in his respective parish and that no vestry be held without him in
case of sickness or that after notice of a vestry suinoned he omit to
come.

80. You are to enquire whether there be any Minister within your
Government who preaches and administers the Sacrament in any Ortho-
dox Church or Chappel without being in due onlers and to give an
account thereof to the Lonl Bishop of London

8L And to the end the E^cclesiastical Jurisdiction of the I^ord Bishop
of London may take plac« in that our Province so far as may be We do
think fit that you give all countenance & encouragement to the exercise
of the same excepting only the cnillating the Benefices Granting licenses

CX)LONIAL RECORDS. Ill

for marriages and probate of Wills which we have reserved to you our
Grovernor and to the Commander in Chief of our said Province for the
time being as far as by law we may.

82. And We do further direct that no Schoolmaster be henceforth per-
mitted to come from this Kingdom and to keep school in that our said
Province without the license of the Lord Bishop of London and that no
other person now there or that shall come from other parts shall be
admitted to keep school in North Carolina without your license first
obtained.

83. And you are to take especial care that a table of Marriages estab-
lished by the Canons of the Church of England be hung up in every
Orthodox Church & duly observed And you are to endeavour to get a
Law passed in the Assembly of that Province (if not already done) for
the strict observation of the said table

84. Having been graciously pleased to grant unto the Right Reverend
Father in Grod Edmund Lord Bishop of London a Commission under our
Great Seal of Great Britain whereby he is empowered to exercise Ecclesi-
astical Jurisdiction by himself or by such Commissaries as he shall appoint
in our several Plantations in America. It is Our Will and Pleasure that
you give all countenance and due encouragement to the said Bishop of
London or his Commissaries in the l^al exercise of such Ecclesiastical
jurisdiction according to the laws of the Province under your government
and to the tenor of the said Commission a copy whereof is hereunto
annexed and that you do cause the said Commission to be forthwith ro-
istered in the public records of that our Provinot.

85. The Right Reverend Father in God Edmund Lord Bishop^f Lon-
don having presented a petition to his said late Majesty humbly beseech-
ing him to send instructions to the Giivernors of all the several Planta-
tions in America that they cause all laws already made against Blasphemy
Prophaneness Adultery Fornication, Polygamy Incest Prophanation of
the Lord's Day Swearing & Drunkenness in their respective Governments
to be vigorously executed and we thinking it highly just that all persons
who shall offend in any of the particulars aforesaid should be prosecuted
and punished for the said offences It is therefore our Will and Pleasure
that you take due care for the punishment of the forementioned vices and
that you earnestly recommend to the Assembly of North Carolina to pro-
vide effectual laws for the restraint and punishment of all such of the
forementioned vices against which no laws are as yet provided And also
you are to use your endeavours to render the laws in being more effectual
by providing for the punishment of the aforementioned vices by present-

112 COIX)NIAL RECORDS.

ment upon oath to be made to the temporal Courts by the Churchwardens
of the several parishes at pn)per times of the year to be appointed for that
purpose And for the further disc^)uragenient of vice & encouragement
of virtue and go<Kl living that by such example the Infidels may be
invited and persuade<l to embrace the Christian religion You are not to
admit any person to public trusts or employments in the Province under
your Grovernment whose ill fame & conversation may occasion scandal
And it is our further Will and Pleasure that you recommend to the Assem-
bly to enter into proper methods for the erecting and maintaining of
schools in order to the training of youth to reading and to a necessary
knowledge of the principles of religion And you are also with the assist-
ance of the Council and Assembly to find out the best means to facilitate
& encourage the conversion of Negroes and Indians to the Christian
religion.

86. And whereas it is highly necessary for the welfare of Carolina
that a good understanding should be maintained by the Indian Nations
as well for the promoting of trade as for the security of the frontiers of
your Government you are hereby particularly enjoined to use all possible
means for the regaining the affections of the said Indians and to preserve
a good correspondence with such of them as remain faithful to our
interest And you are hereby likewise directed to recommend in the
strongest terms to the Indian traders to be just and reasonable in their
dealings with the Native Indians and likewise to propose to the Assem-
bly there if you and our Council shall judge it necessary to pass one or
more laws for the better regulation of the said Indian Trade & for the
encount^ement and protection of such Indians as shall adhere to our
interest.

87. You shall send to us and to our Commiss" for Trade & Planta-
tions by the first conveyance an account of the present number of planters
and inhabitants Men Women and children as well Masters as Servants
free and unfree and of the Slaves in our said Province as also a yearly
account of the increase or decrease of them and how many of them are
fit to l)ear arms in the Militia of our said Province.

88. You shall also cause an exact account to be kept of all persons
bom christened & buried and send vearly fair abstracts thereof to us
and to our Com" for Trade & Plantations as aforesaid.

89. You shall take care that all Planters Inhabitants and Christian
Servants be well and fitly provided with arms and that they be listed
under good officers and when and as oflen thought fit mustered and
trained whereby they may be in a better readiness for the defence of the

COJX)NIAL RECORDS. 118

said Province And for the greater security thereof You are to appoint fit
Officers and Commanders in the several parts of that Province bordering
upon the Indians who upon any invasion raise men and arms to oppose
them until thev shall receive vour directions therein.

90. You are to take especial care that neither the frequency nor unrea-
sonableness of remote marches musterings & trainings bean unnecessary
impediment to the aflPairs of the inhabitants.

91. And you shall not upon any occasion whatsoever establish or put
in execution any Articles of War or other Law Martial upon any of our
Subjects Inhabitants of our said Province without the advice of our said
Council there.

92. And whereas you will receive from our Commiss" for executing
the office of High Admiral of Great Britain and of the Plantations a
Commission constituting you Vice Admiral of our said Province You
are hereby required and directed carefully to put in execution the several
powers thereby granted you.

93. Whereas great inconveniencies have happened by Merchant ships
and other Vessels in the Plantations wearing the colours borne by our
ships of war under pretence of Commissions granted to them by the
Governors of the said Plantations and by trading under those colours not
only among our own subjects but also those of other Princes & States.
And committing divers irr^ularities they did very much dishonor our
service for prevention whereof you are to oblige the Commanders of all
ships to whom you shall grant Commissions to wear no other Jack than
according to the sample here described that is to say such as are worn by
our ships of war with the distinction of a white escutcheon in the middle *
thereof And that the said Mark of Distinction may extend itself to one
half of the depth of the Jack and one third of the fly thereof.

94. And whereas there have l)een great irregularities in the manner
of granting Commissions in the Plantations to private Ships of War You
are to govern yourself whenever there shall be (Xx»sion according to the
Commiss" & Instructions granted in this Kingdom copies whereof will
be delivered to you.

95. But you are not to grant Commissions of Marque or Reprisal
against any Prince or State or their subjects in amity with us to any
person whatsoever without our especial command.

96. Yon are to demand an account of the persons concerned of the '
arms ammunition & stores sent to our said Province from hence as like-
wise what other Arms Ammunition & stores have been bought with the
public money for the service of our s* Province and how the same have

15

114 COLONIAL RECORDS.

been employed aud whether any of them & how many of them have
been sold spent lost decayed or disposed of and to whom and to what
uses which account is to commence from the time of the date of the Act
of Surrender of the Proprietors of that Province to us And you are to
transmit the said Account to us and to our Comm" for Trade & Planta-
tions.

97. You shall take an Inventory of all such arms ammunition &
stores as are remaining in any of our magazines or garrisons in our said
Province under your Goverm* and transmit the same to us and to our
Comm" for Trade & Plantations with all convenient speed And the like
inventory afterwards half yearly as also a duplicate thereof to our Mas-
ter General or Principal Officer of our Ordnance which accounts are to
express the particulars of ordnance carriage ball powder and all other
sorts of arms and ammunition in our public stores and so from time to
time of what shall be sent to you or bought with the public money and
to specify the time of the disposal and the occasion thereof

98. You are to take special care that fit store house be settled in the
said Province for receiving and keeping of arms ammunition and other
public stores.

99. And whereas it is absolutely necessary that we be exactly informed
of the state and defence of all our Plantations in America in every re-
spect and more especially in relation to the forts and fortifications that
are in each Plantation and what more may be necessary to be built for
the defence and security of the same You are so soon as possible after
your arrival in North Carolina to prepare an account thereof in respect
to our said Province in the most pai*ticular manner and to transmit the
same to us arid to our Commiss" for Trade & Plantations and the like
accounts yearly.

100. You shall cause a survey of all the considerable landing places
and harbours in our said Proviiu-e and with the advice of our Council
there erect in any of them such fortifications as shall be necessary for
the security and advantage of the said Province which shall be done at
the public charge And you are accordingly to move the General Assem-
bly to the passing of such Acts as may be requisite for the carrying on
of that work in which we doubt not of their cheerful concurrence from
the common security & benefit they will receive thereby.

101. You are from time to time as before directed to give an account
what strength your Neighbours have (be they Indians or others) by sea
and land and of the condition of their plantations and what correspon-
dence you do keep with them.

COLONIAL RECORDS. 115

102. And in case of distress of any other of our Plantations You
shall upon application of the respective Governors thereof to you assist
them with that aid the condition and safety of our Province under your
government can spare.

103. You shall transmit unto us and to our Comm" for Trade & Plan-
tations by the first opportunity a Map with the exact description of the
whole Province under your government with the several Plantations
upon it and of the fortifications as also of the bordering Indian settle-
ments

104. And in order to prevent any disputes that may arise about the
Southern Boundaries of the Province under your Government We are
graciously pleased to signify our pleasure that a line shall be run (by
Comrai&s" appointed by each Province) beginning at the sea thirty miles
distant from the mouth Cape Fear River on the South West thereof
keeping the same distance from the said River as the course thereof runs
to the main source or Head thereof and froiA thence the said Boundary
line shall be continued due West as far as the South "Seas But if Wagga-
maw river runs within fifty miles of Cape Fear River then that river to
be the Boundary from the sea to the Head thereof and from thence to
keep the distance of 30 miles parallel from Cape Fear River to the head
thereof and from thence a due West course to the South Seas.

105. You are to examine what rates and duties are charged & paya-
ble on any goods exported or imported within our said Province whether
of the growth & manufisicture of our Province or otherwise And you are
to suppress the engrossing of Commodities as tending to the prejudice of
that freedom which Trade and commerce ought to have and to use your
best endeavours in the improving the trade of those parts by settling
such Orders & Regulations therein with the advice of our said Council
as may be most acceptable to the generality of the inhabitants.

106. You are to give all due encouragement & invitation to Merchants
& others who shall bring trade into our said Province or anywise contrib-
ute to the advantage and in particular to the Royal African Company &
others our Subjects trading to Africa And as we are willing to recom-
mend unto the said Company & others our subjects that the said Province
may have a constant & suificient supply of Merchantable Negroes at
moderate rates in money or commodities so you are to take special care
that payment be duly made and within a competent time according to
their respective agreements

107. And whereas the said Company and other Traders having fre-
quently great sums of money owing to them in our Plantations in Amer-

116 COLONIAL RECORDS.

ioa have been much hindered in the recovery of their just debts there
and discouraged in their trade by the too frequent adjournment of Courts
and it being absolutely necessary that all Obstructions in the Courts of
Justice be effectually removed You are to take care that Courts of Jus-
tice he duly and fretjuently held in our Province under your Govern* so
that all our subjects in the said Province and particularly the Royal
African Comp. and others trading to Africa may enjoy the benefit thereof
and not receive any undue hindrance in the recovery of their just debts.

108. And we do hereby expressly command and require you to give
unto us and to our Comm" for Trade & Plantations an account every
half year of what number of N^roes our said Province is supplied with
that is what number by the African Company and what by the separate
traders & at what rates sold.

109. Whereas We have been informed that during the time of War
our Enemies have frequently got intelligence of the State of our Planta-
tions by letters from private persons to their Correspondents in Great
Britain taken on bdiard ships coming from the Plantations which has
been of dangerous consequence Our Will and Pleasure is that you sig-
nify to all Merchants Planters and others that they be very cautious in
time of war whenever that shall happen in giving any account by letters
of the public state and condition of our Province of Nortli Carolina
And you are further to give direction to all Masters of ships or other per-
sons to whom you may entrust your letters that they put such letters into
a bag with a sufficient weight to sink the same immediately in case of
imminent danger from the enemy And you are always to let the Mer-
chants and Planters know how greatly it is for their interest that their
letters shall not fall into the hands of the enemy and therefore that they
should give the like orders to Masters of ships in relation to their letters
And you are further to advise all Masters of ships that they do sink all
letters in case of danger in the manner beforement^

110. And whereas in the late Wars the Merchants and Planters in
America did correspond & trade with our enemies and carry intelligence
to them to the great prejudice & hazard of the British Plantations You
are therefore by all possible methods to endeavour to hinder all such
trade and correspondence in time of war.

111. Whereas by the 5*^ & 6"^ Articles of the Treaty of Peace &
Neutrality in America concluded between England and France the ^
November 1686 the subjects & inhabitants in each Kingdom are pro-
hibited to trade and fish in all places possessed or which shall he pos-
sessed by the other in America And that if any ships shall be found

COLONIAL RECORDS. 117

trading contrary to the said Treaty upon due proof the said ship shall
be confiscated But in case the subjects of either King shall be forced by
stress of weather enemies or other necessities into the ports of the other
in America they shall be treated with humanity and kindness and may
provides themselves with victuals and other things necessary for their
subsistence & reparation of their ships at reasonable rates Provided they
do not break bulk nor carry any goods out of their ships exposing them
to sale nor receive any Merchandize on board on penalty of confiscation
of ship & goods. It is therefore our Will and Pleasure that you signify
to our subjects under your government the purport & intent of the
above said two Articles and that you take particular care that none of
the French subjects be allowed to trade from their settlements to North
Carolina or to fish upon the coast thereof.

112. Whereas Commissions have been granted unto several persons in
our respective Plantations in America for the trying of Pirates in those
parts pursuant to the several Acts for the more effectual suppressing of
pirates And by a Commission to be given you, you as Captain General
and Governor in Chief of our said Province are empowered together with
others therein mentioned to proceed accordingly in reference to the said
Province of North Carolina Our Will and Pleasure is that in all matters
relating to Pirates you govern yourself according to the intent of the
said Acts & Commission beforementioned.

113. Whereas We have thought it necessary for our service by our
Commission bearing date the 9^ day of August 1727 to constitute author-
ize & appoint Robt. Byng Eisq" to be our Receiver General of the rights
and perquisites of the Admiralty We do direct and appoint that you he
aiding and assisting to the said Robt. Byng his Deputy or Deputies in
the execution of the said Office of Receiver General and do hereby
enjoin & require you to make up your accounts with him his Deputy or
Deputies of all rights of Admiralty (effects of Pirates included) {ft you
or your Officers may or shall at any time receive and to pay over to the
said Receiver General his Deputy or Deputies for our use all such sums
of money as as shall appear on the foot of such accounts to be and
remain in your hands or in the hands of any of your Officers And
whereas the said Robt Byng is directed in case the parties chargeable
with any part of our Revenue refuse n^lect or delay payment thereof
by himself or sufficient Deputy to apply in our name to our Governors
Judges Attornies General or any other our Officers or Magistrates to be
aiding or assisting to him in recovering the same. Now you our Gov-
ernor our Judges our Attornies General and all other Offic^ers whom the

118 COLONIAL RECfORDS.

same may concern are hereby required to use all lawful authority for the
recovering and levying thereof.

114. You are to propose an Act to be passed in the Assembly whereby
the Creditors of persons becoming Bankrupts in this Kingdom and hav-
ing estates in North Carolina may be relieved and satisfied for the debts
owing to them.

115. You are likewise from time to time to give unto us and to Our
Comm" for Trade and Plantations as afores^ an account of the wants and
defects of our said Province what are the chief products of what are the
new improvements made therein by the industry of the inhabitants &
planters and what further improvements you conceive may be made or
advantages gained by trade and which way We may contribute thereunto.

116. If anything shall happen which may be of advantage or security
to our said Province which is not herein or by our Commission provided
for We hereby allow unto you with the advice and consent of our said
Council to take order for the present therein giving unto us by one of our
principal Secretaries of State and to our Commiss" for Trade & Planta-
tions speedy notice thereof that so you may receive our ratification thereof
if we shall approve the the same Provided always that you do not by
colour of any power or authority hereby given you commence or declare
war without our knowledge or particular commands therein except it be
against Indians upon emergencies wherein the consent of our Council shall
be had and speedy notice thereof given to us as aforesaid.

117. And you are upon all occasions to send unto us by one of our
Principal Secretaries of State and to our Commiss" for Trade & Planta-
tions a particular account of all your proceedings & of the condition of

affairs within vour Government.

Ex* IP

T;G.

G. B.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 12.]

At the Court at St James's the 14^ dav of Decemlier 1730

Present

The Kings most Excellent Majesty

in Council.

Upon reading at the Board a Report from the Right Honourable the

Lords of the Committee of Councill upon CV^nsidering two Draughts of

CX)LONIAL RECORDS. 119

Instructions prepared by the Lords Coramissioners for Trade and Plan-
tations for George Burrington Esq' Captain General! and Governor in
Chief of His Majestys Province of North Carolina — And their Lord-
ships Offering it as their Opinion that the said Draughts were proper for
His Majestys Royall Approbation — His Majesty in Councill was this
day pleased to Approve thereof and to order as it is hereby ordered that
One of His Majestys Principall Secretarys of State Do Cause the said
Draughts of Instructions (which are hereunto annexed) to be prepared
for His Majestys Royall Signatures

A True Copy

JA: VERNON.

[B. P. R. O. Am: A W. Ind. No. 592.]

WARRANT TRANSMITTING NEW SEAL FOR NORTH

CAROLINA 1730.

To our Trusty and welbeloved George Burrington Esq" Our Captain
General and Governor in Chief of our Province of North Carolina in
America; Or to the Commander in Chief of our said Province for the
time being Greeting. With this you will receive a Seal prepared by our
order for the use of our said Province the Same being engraven on
the one side with our Arms, Garter, Crown, Supporters and Motto
and this Inscription round the Circumfereiu*. Georgius II D. G.
Mag. Bri : Fr et Hib. Rex F. D. Brun. et I^un Dux. S. R. Y. Arc.
Th. et Pr. El. on the other Side our Royal Effigies and Liberty
represented introducing Plenty to us with this Motto Qufe Sera Fla-
men Respexit and this Inscription round the Circumference Sigillum
Provincise Nostrse Carolina Septentrional is. Our Will and Pleasure
is, and we do hereby authorize and direct that the said Seal be used
in the Sealing all Patents and Grants of Lands and all Publick Instru-
ments which shall be made and passed in our name and for our Ser-
vice within our said Province and that the Same be to all intents and
Purposes of the Same Force and Validity as any other Seal heretofore
used within the said Province. And we do further command and
require you upon the Receipt of the Said Seal to return the former
Seal to our commissioners of Trade and Plantations to be laid before
us as usual in order to its being defaced in like manner with other Seals
by us in our Privy Council. Given at our Court at 8* James the
Day of 1730, in the fourth year of Our Reign.

120 COIiONIAL RECORaS.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 10.]

At the Court at St James' the 14**» day of December 1730

Present

The King^s Most Excellent Majesty

in Councill

A new Seale for his Majestys Province of North Carolina having been

this day laid before His Majesty in Councill for His Royall Approbation

His Majesty was pleased to approve thereof and to order as it is hereby

ordered that the Ijords Commissioners for Trade and Plantations Do

Prepare a draught of a Warrant for transmitting the said seale to the

Governor of the said Province and Empowering him to make use thereof

And the said Lords Commissioners are to lay the said Draught before

His Grace the Duke of Newcastle One of His Majestys Principall Sec-

retarys of State in Order to Obtain His Majestys Sign Manuall thereto

And afterwards to transmitt the said Warrant with the said Seale to the

Governor of the said Province accordingly.

J AS VERNON.

[B. P. R. O. Am: A W. Ind. No. 692.]

LORDS OF TRADE TO THE DUKE OF NEWCASTLE

DECEMBER 31*^ 1730.
My Lord,

Having in obedience to his Majestie's order in Council of the 14*^
Instant prepared the Draught of a Warrant for transmitting a new Seal
for his Majesty's Province of North Carolina to the Governor of the
Said Province impowering him to make use thereof and requiring him
to transmit the old Seal in order to its l)eing defaced in like manner with
other Seals by his Majesty in Council, we here inclase the Said Draught
of a Warrant which we desire your Grac« will please to lay before his
Majesty for his Royal Signature. We are

My Lords Your Graces
most obedient and

most humble Servants

P. DOCMINIQUE
T. PELHAM
JA: BRUDENELL
Whitehall CH. CROFT

December SI*** 1730.

His Grace the Duke of Newcastle

COLONIAL RECX)RD8. 121

[B. P. R. O. Am: A W. Ind. No. 592,]

(Indorsed)

M' RICE SECRETARY & CLERK OF THE CROWN OF

NORTH CAROLINA.

1730.

Our Will and Pleasure is, that you prepare a Bill for oiu* Royal sig-
nature to pass our great Seal, containing our Grant of the Offices or Places
of Secretary and Clerk of the Crown of our Province of North Caro-
lina in America unto our Trusty and Wellbeloved Rice Esq**, to have,
hold exercise and enjoy the Same by himself or his Sufficient Deputy or
Deputys (for whom he shall be answerable) during our Pleasure, and his
residence within our said Province, with all Fees, Rights, Profits, Privi-
ledges and advantages whatsoever thereunto belonging, in as full and
ample manner as any other Person or Persons have held, or of right
ought to have held and enjoyed the same. And for So doing this Shall
be your Warrant. Given at our Court at S* James the Day of

1730 in the third year of our Reign

By His Majesty's Command

To our Attorney or
Solicitor Greneral.

[B. P. R. O. Am: A W. Ind: Vol. 22. p. 127.]

THE CASE OF Y* INHABITANTS OF NORTH CAROLINA

IN RESPECT TO M' GEORGE BURRINGTON'S

BEING REAPPOINTED THEIR

GOVERNOR.

M' Burrington was formerly appointed Governor of North Carolina
by the late Lords Proprietors but afterwards tor his ill conduct removed
by them, his mal-practices were such that complaint was forced to be
made against him, & a petition was presented supported by a number of
Affidavits, a short Abstract of some of which we b^ leave to set forth*

Affidami of Mary Badham of Carolina, That 14**» of May 1724 M'
Burrington at that time Grovemor came to Depon^ about 12 at night &
threatened to ruin her husband, swore he would have y* Secretary &
16

122 CX)LONIAL RECORDS.

Judge of y* Province in Goal, would lay them in irons & tye on necl^
and heels, would kill the Secretary whom he damned, and the lowsy Acts
of the Assembly, did they pretend to bind him by Laws, did they think
he would mind 'em, no, he swore he would not, he was Governor and
he would do as he pleased, Depon* says, she never heard of any rea-
son for this, only their supporting M' Dunstan's Commission & main-
taining y* Acts of y* Assembly.

Note. — M' Dunstan was Naval Officer, & the Governor pretended he
could turn him out, & would put one Gofie in his place, tho' a per-
son disabled by a particular Act of Assembly.

Affidamt of W- Badham Clerk of y* Royal Court. That Gov' Bur-
rington in presence of depon* and several others called the Chief Justice
a Rogue & a Villain (tho' deponent & he believes every one else present
thought him a very honest man) said he hated the Chief Justice tho' he
had never seen him, would slitt his nose and cropp his ears. That about
May 1724, M' Dunstan applied to Depon* for a Writt to arrest M' GrolFe,
Depon* asked the Chief Justice if he should grant one, who said it was a
thing of course & could not be denied, that in a few days after M' Bur-
rington asked deix)n* by what authority he granted writts, depon* told him
as Clerk of tlie Court & told him the Chief Justice said he could not
refuse it, upon which he fell into a great passion, doubled his fist, held it
up, depon* expected he would have struck him, and swore with many asser-
vations, he said the Secretary wanted to be Governor, but he would have
him in iron before to-morrow night & dejK>ii* too, and tlien how like Doggs
they would look upon one another, as for the Chief Justice he said he had
frighted him out of Town already and would put him in Prison.

Affidavit of Mrs. Sara Gale, wife of the Chief Justice. That on Sun-
day morning 25*** of August 1 724, hearing a great noise at the door as if
somebody were breaking in, got up & looking out found it was Grov' Bur-
rington, he broke the windows and swore he would bum the house, he
would have the dogg her husband by the throat and threatened to fetch
a Barrell of Gunpowder and blow up the house, swore he would do her
husbands business.

Affidavit of W" Little Esq" that Grovemor Burrington threatening the
Chief Justice with Irons and abusing him very much, one of the Com-
pany a relation of the Chief Justices with great modesty b^ged the
Governor to forbear upon which the Grovernor threw a glass at him called
for his sword & some disorder happened.

Affidavit of Rob* Forster Gen* That 18**» April 1724, deponent being
in the rooni where the Council satt, Grovemor Burrington called deponent

COLONIAL RECORDS. 123

out and asked him to go in and take Co" West by the nose and he would
bring him off but deponent told him he would not take a member of the
Council by the Nose in Council for the world.

Upon these affidavits and several others then lodged with the Lords
Proprietors now in their hands, M' Burrington was removed, and he has
now lately been heard to declare that if he gets over them Governor
again he will be the destruction of all those that had any hand in the
removing him who were all the principal people of the Country, not-
withstanding they did it upon so just an occasion, and the better to ena-
ble him to accomplish such his intentions has, as we are informed repre-
sented the present Members of the Council who are Rich* Fitz Williams,
Christopher Gale, J*"** Lovick, Edw* Moseley, Francis Forster, Rich*
Sanderson, Rob* West, Tho' Pollock J"^ Palis, Edm* Gale, J»« Waley &
Roger Moore Esq" as unworthy and unfitt Persons, tho' they are really
the most considerable inhabitants of the Province & for that reason chose
by the late Proprietors to be the Council of that Country, who with the
Governor compose the Court of Equity, determine matters of property,
and have otherwise considerable power and therefore ought to be men
of the best Estates & understanding, but M' Burrington instead of these
has recommended some others to be Members who may better suit his
purposes, for we are told that all the Persons at present named by M'
Burrington and through his false suggestions recommended by y* board
of Trade to His Majesty to be the Council of Carolina are of so mean
circumstances that put tliem all together their Estates in that Country
won't amount to £1 500, and those whose names have come to our knowl-
edge are of such vile Ciiaracters and poor understandings, that it is the
greatest abuse imaginable upon the ministry to recommend such to them,
Edm* Porter we are told is one, he was formerly sent over to England
from Virginia to be tried for his life for some notorious facts committed
by him, and after he got off from this, was concerned in the Scotch
Rebellion, for which he fled to Carolina, another of them is Mathew
Rowan no inhabitant of the Country, but only sent over thither to build
a ship or two for some persons in Dublin & is now run away with one
of them loaded with ennumerated goods contrary to the Acts of Trade
Cornelius Hart is another, he keeps a little punch house, and if the
names of the others were known it is to be presumed they would be
found to l)e all of this kind, his whole aim being to gett a sett of Per-
sons that will go into any measures he shall propose and M' Burrington
not forgetting his old grudge against the Chief Justice and some other
officers, has as we are informed very much misrepresented them and
made as if their posts were of considerable value, tho' in fact not any

124 COLONIAL RECORDS.

one of them has ever been worth £100 a year, nor has near so much been
made of them as can easily be shewn.

For these and many other reasons too tedious to mention^ and the daily
Instances M' Burrington gives of his mad extravagant behaviour, it is
humbly hoped that his Majesty in tender r^ard to so many of his poor
Subjects in that remote part of his Dominions, who have proposed to
themselves great felicity by their being more imediately under his Royal
Protection than heretofore will be pleased to enquire into the former con-
duct of this Grentleman when he was Governor, before he be permitted
to go over thither in that quality again.

[B. P. R. O. JouBNAUB. B. T. Vol. 40.]

Whitehall Wednesday Jan'^ 7*** 17ff.

At a Meeting of His Maj. Comm" for Trade and Plantations.

Present
M' Docminique. M' Ashe
M' Pelham. Sir O. Bridgeman

M' Bladen. M' Cary.

SirTho. Frankland.
A letter from the Duke of Newcastle dated this day signifying His
Majesty's having appointed (Jeorge Burrington Esq" Grovernor of North
Carolina & directing the Draught of Commission & Instructions to be
prepared for him was read and directions were given for preparing the
same accordingly.

Whitehall Thursday Jan''' 8*^ 17ff.

Col. Johnson Gov* of South Carolina and Capt Burrington Grov' of
North Carolina attending with some other gentlemen belonging to those
Provinces acquainted the Board that they had agreed upon a division
line between those Provinces and their Lordships desired they would
mark the line upon a Map and lay the same before the Board which they
promised accordingly.

[Page 12.]

Whitehall Thursday Jan"^ 15. 17ff.

The Draught of a Commission for appointing Capt. Burrington Gov'
of North Carolina ordered to be prepared the 7*** inst. I)eing agreed a
Representation thereu)K>n to His Majesty and a letter for inclosing the
same to his Grace the Duke of Newcastle were sign'd.

COLONIAL RECORDS. 125

fPagelft.]

Whitehall Thursday Jan*^ 22. 17ff.

Col. Johnson Gov' of South Carolina and Capt. Burrington Gov' of
Nortli Carolina attending as they had been desired in relation to th^
Boundaries between those two Provinces mentioned in the minutes of the
8*** inst. Their Lordships after some discourse with them thereupon
agreed upon the following divisional line Viz' the line to b^in at 30
miles south westward of Cape Fear River and to be run at that parallel
distance the whole course of the said river.

These Gentlemen being withdrawn Ordered that an Article be for this
purpose inserted in the Dra** of their Instructions.

[Page 24.]

Whitehall. Thursday Jan'^ 29. 17f ^

Ordered that the Draught of a Representation be prepared for pro-
posing a Great seal for North Carolina.
Agreed to & signM 3 February

[Page 64.1

Whitehall. Wednesday Mart^h 18. 17fJ

An Order in Council of the 21** of February last approving a Rep-
resentation of this Board of the third of the same month and directing
a public seal to be prepared for North Carolina was read and their Lord-
ships gave directions that M' Rollos his Maj. Engraver should prepare a
Draft thereof — (signed on 25 March 1730) Col. Johnson's proposals for
better improving and settling South Carolina with reasons against reserv-
ing a quit rent of one penny per acre were read as also

The Representation of Capt. Burrington with his reasons against
advancing the Quit Rents in North Carolina

Ordered that copies of so much of the said papers as relate to Quit
rents be given to M' Walpole Auditor of the Plantations.

[Page TO.]
Whitehall Wednesday April 8**" 1730.

Their Lordships then took into consideration the several papers from
Sir Richard Everard & the Council of North Carolina in answer to com-
plainta against the Grovernor and to Grants of land mentioned in the
Minutes of the 16^ Dec. 1729 and gave directions that copies thereof
should be made for Capt. Burrington the present Gov' of that Province
and that an Article shoald be inserted in his Instructions directing him
upon his arrival there to examine into the truth of the several facts and
lay an account thereof before His Majesty and this Board.

126 COLONIAL RECORDS.

rPige97.J

Whitehall Wednesday April 22. 1730.

Ordered that the Draught of a Representation be prepared for pro-
posing a Commission for trying Pirates to be passed for North Carolina

[Page 108.]

Whitehall Wednesday April 29. 1730

A Letter from the Duke of Newcastle inclosing copy of a letter from
M' Porter Judge of the Admiralty at North Carolina giving an account
of the unwarrantable proceedings of Sir Richard Everard late Governor
of that Province in the granting of lands there was read And their
Lord** agreed to insert an Article in the Instructions preparing for Capt.
Burrington the present Gov' in relation thereto as also to the Disputes
between him & the Council referred to the Board by the Duke of New-
castle's letter and Ordered that an Answer be prepared to the Duke of
Newcastle's said letters to acquaint him with these resolutions of this
Board.

(Signed May 1"*)

[Page 140.]

Whitehall Wednesday June 3. 1730.

The Draught of Instructions for Capt. Burrington Grovernor of North

Carolina directed to be prepared the 7*** Jan"^ last was agreed & ordered

to be transcribed

Whitehall Thursday June 4. 1730.

Ordered that a letter be wrote to M' Fane for his opinion in point of
law whether according to the Charter of Carolina any Grants made by
the Lords Proprietors be valid unless signed by them all and be under
the common Seal.

The undermentioned copies of Orders in Council were severally read
Viz*

Order in Council of 22 Jan"^ 17|^ approving the Draft of a Commis-
sion to Capt. Burrington to be Governor of North Carolina.

Order in Council of 22* Jan"^ last requiring copies of the papers of
complaint from the Members of the Council of North Carolina against
Sir Richard Everard Deputy Governor of that Province under the Lords
Proprietors as likewise of the complaint made by Sir Richard against
the said Council to put into the hands of Capt. Burrington now appointed
Governor for his examination into and report of the Facts.

Order in Council of the 10^ of April last approving a Representation
for a new seal for the Province of North Can)lina.

COLONIAL RECORDS. 127

[Page 150.]

Whitehall Tuesday June 9. 1730.

M' Fane's Report in relation to the validity of such Grants of OflSoes
from the late Lords Proprietors as are not signed by them all was read
and Ordered that copies thereof be given to Col. Johnson and to Capt.
Burrington Gov" of South and North Carolina

rPage 194.]

Whitehall. Tuesday July 28. 1730.

An Order of the Ijords of the Committee of Council dated 21"* inst.
upon a Representation of the 23^ May foregoing relating to Lord Car-
teret's eighth part of the Province of Carolina and requiring this Board
to send to his Lordship to know the value he sets upon the said eighth
in order to treat for the surrender of it to the Crown was read And
directions given for preparing a letter to the Lord Carteret thereupon —
signed August 4*^

TPage 190.1

Whitehall Tuesday August 4. 1 730.

Ordered that a letter be writ to Capt. Burrington appointed Gov' of
North Carolina to acquaint him that the Board have signed their Repre-
sentation upon his Instructions so long ago as the 10*^ of June last and
have waited ever since for his list of Councillors but that if he does not
bring the names of twelve persons proper to he inserted upon that occa-
sion by Monday next their Ix)rdships will either send away his Instruc-
tions without Councillors or name them without waiting any longer for
his advice upon that subject.

[Page 202.]

Whitehall Thursday Aug* 6*^ 1730

A letter from the Lord Carteret dated this day in answer to their
Lordships of the 4^ inst. relating to his eighth part of the Province of
Carolina and the value his Lordship sets upon it was read Whereupon
directions were given for preparing the Draught of a Report to the
Lords of the Committee of Council mentioned in the Minutes of the 28*^
of the last month upon that subject — ^agreed to & signed on 11*** August.

[Page 206.1

Whitehall Wednesday Aug* 12*** 1730.

The Draughts of Instructions for Capt. Burrington Gov' of North
Carolina which were agreed the 3** June last having remained in this
Office for want of a List of persons expected from him to fill up his

128 COLONIAL RECORDS.

Maj. Council for that Province and some alterations having in the inte-
rim been found proper to be made in the said Instructions conformable
to what has since been approved for South Carolina Their Lordships
agreed the said alteration^ as likewise the usual instructions which par-
ticularly relate to the Acts of Trade and Navigation Whereupon the
Draughts of a Representation for laying the same before His Majesty
and of a letter to enclose them to His Grace the Duke of Newcastle
were agreed and ordered to be transcribed and were signed Aug* 13***

[Page 207.]

Whitehall Thursday August 13. 1730.

M' Attorney and M' Solicitor General's Report relating to the valid-
ity of certain Grants made by the Ijords Proprietors of Carolina par-
ticularly one to Sir Nathaniel Johnson in 1686 was read Whereupon
Ordered that copies of the said Report he prepared for Col. Johnson &
Capt. Burrington Governors of South & North Carolina.

[Pa^e 218.]

Whitehall Wednesday August 19. 1730.

Sir William Keith attending as desired their Lordships had some dis-
CHiurse with him concerning the several nations of Indians bordering
upon His Maj. Plantations on the continent of America and the manner
of conferring and treating with them Whereupon Sir William was desired
to let their Ijord*" have in writing agreeable to the Indian style the form
of a Declaration or Agreement properly to be mutually made by the
Chiefs of the Cheroquee Indians now here & by such as his Maj. shall
appoint on his part for that purpose ujwn the said Indians having sub-
mitted their dominion and territories to his Maj. which Sir William

Keith promised according

Thursday August 20. 1730

Sir William Keith attending presented to their Ix)nlships as desired
the form of a Declaration or Agreement proper to be mutually made by
the Chiefs of the Cheroquee Indians now here and by such as his Maj.
shall appoint on his part which was read And the Draught of a letter to
the Duke of Newcastle to Know his Majesty's pleasure on this subject
was agreed & sign'd.

[Pige 215.]

Tuesday August 26. 1730.

Sir William Keith & Col. Johnson attending with the Interpreter of
the Indian Chiefs the Board had some discourse with them concerning the
manner of treating with the said Chiefs

COLONIAL RECORDS. 129

Wednesday August 26. 1730

A letter from M' Lowndes with some Sesamum seeds which grow in
Carolina and some of the Oyl produced from them was read.

[Page 218. J

Tuesday September 1 . 1 730.

A letter from the Duke of Newcastle dated the 31*' in answer to one
from this Board of the 20*^ of the last month signifying His Maj. having
approved of their making some Treaty or Agreement with the Indian
Chiefs of the Cherokee Nation who lately came from Carolina and direct-
ing the Board to make such Agreement and in such manner with the said
Indian Chiefe as they should think for His Maj service was read Where-
upon Ordered that Col. Johnson Governor of South Carolina and Sir
William Keith be desired to attend the Board on Monday morning next
as likewise the said Indians and their Interpreter.

Order'd that the Secretary do apply at the Secretary at War's Office
that Two Sergeants with twelve Grenadiers may attend at the same time
upon the said Indians.

Their Lordships then agreed the form of a Treaty with the Indians.

[Page 2S».\

Whitehall Monday Sept. 7. 1730
Present
M' Pelham. M' Bladen. M' Bnidenell

The seven Indian Chiefs of the Cherokee Nation attending as they had
been desir'd with their Interpreter, Col. Johnson, Grov' of South Caro-
lina Sir William Keith and several other gentlemen Their Lords ex-
plained to them by their Interpreter (who was sworn) the Form of a
Treaty with them agreed at the last meeting in the words following

Whereas you Scay-agusta Oukah Chief of the Town of Tassetsa You
Scalilasken Ket-agusta, You Tethtowe, You Clogoittah, You Colannah,
You Unnaconoy, You Oucounacon have been deputed by the whole nation
of the Cherokee Indians to come to Great Britain where you have seen
the great King Greorge and in token of your obedience have laid the Crown
of your Nation with the scalps of your enemies and feathers of peace at
his Maj. feet Now the King of Great Britain bearing love in his heart
to the powerful and great nation of the Cherokee Indians His good fqends
and allies His Maj. lias empowered us to treat with you here and accord-
ingly we now speak to you as if the whole Nation of the Cherokees their
old men, young men wives and children were all present And you are to
understand the words we speak as the words of the Great King our Mas-

17

130 COLONIAL RECORDS.

ter whom you have seen And we shall understand the words which you
speak to us as the words of all your people with open and true hearts to
the Great King And thereupon we give four pieces of striped duffles.

Hear then the words of the Great King whom you have seen and who
has commanded us to tell you

That the English everywhere on all sides of the Great Mountains and
Lakes are his people and his children whom he loves That their Friends
are his Friends and their Enemies are his Enemies That he takes it
kindly that the Great Nation of Cherokees have you sent you hither a
great way to brighten the chain of friendship between him and them &
between your people and his people That the chain of friendship between
him & the Cherokee Indians is like the sun which both shines here and also
upon the great Mountains where they live and equally warms the hearts
of the Indians and of the English That as there are no spots or black-
ness in the sun so is there not any rust or foulness in this chain and as
the Great King has fastened one end of it to his own breast he desires
you will carry the other end of the chain and fasten it well to the breast
of your Nation and to the breasts of your old wise men your Captains
and all your people never more to be broken or made loose And hereupon
we give four pieoes of white doth to be dyed blue.

The Great King and the Cherokee Indians being thus fastened togetlier
by the chain of friendship he has ordered his people and children the
English in Carolina to trade with the Indians and to fiirnish them with all
manner of goods that they want and to make haste to build houses and
to plant corn from Charles Town towards the Town of the Cherokees
behind the great Mountains for he desires that the English and the
Indians may live together as the children of one Family whereof the
Great King is a kind & loving Father And as the King has given his
land on both sides of the Great Mountains to his own children the Eng-
lish so he now gives to the Clierokee Indians the privil^e of living
where they please and he has order'd his Governor to forbid the English
from building houses or planting com near any Indian Town for fear
that your young people should kill the cattle and young lambs and so
quarrel with the English and hurt them And hereupon we give two other
pieces of white cloth to be dyed red.

The Great Nation of the Cherokees being now the children of the
Great King of Great Britain and he their Father the Cherokees must
treat the English as brethren of the same family and must be always
ready at the Governor's command to fight against any Nation whether
they be white men or Indians who shall dare to molest or hurt the Eng-
lish and hereupon we give Twenty guns.

COLONIAL RECORDS. 131

The Nation of The Cherokees shall on their part take care to keep
the trading path clean and that there be no blood in the path where the
English white men tread even though they should be accompanied by
any other people with whom the Cherokees are at war Whereupon we
give four hundred pounds weight of gunpowder.

That the Cherokees shall not suiFer their people to trade with the
white men of any other Nation but the English nor* permit white men
of auy other Nation to build any Forts Cabins or plant corn amongst
them or near to any of the Indian Towns or upon the land which belong
to the Great King and if any such attempt should be made you must
acquaint the English Governor therewith and do whatever he directs in
order to maintain & defend the Great King's right to the Country of
Carolina Whereupon we give five hundred pounds weight of swan shot
and five hundred pounds weight of bullets.

That if any Negro slaves shall run away into the woods from their
English masters the Cherokee Indians shall endeavour to apprehend
them and either bring them back to the Plantation from whence they
run away or to the Governor and for every Negro so apprehended and
brought back the Indian who brings him shall receive a gun and a match
coat Whereupon we give a box of vermillion ten thousand of gun flints
and six dozen of hatchets.

That if by any accidental misfortune it should happen that an Eng-
lishman should kill an Indian The King or Great Man of the Cherokees
shall first complain to the English Governor and the man who did it
shall be punished by the English laws as if he had killed an Englishman
and in like manner if an Indian kills an Englishman the Indian who
did it shall be delivered up to the Governor & be punished by the same
English law as if he was an Englishman Whereupon we give twelve
dozen of spring knives four dozen of brass kettles and ten dozen of belts.

You are to understand all we have now said to be the words of the
Great King whom you have seen and as a token that his heart is open
and true to his children and friends the Cherokees & to all their people he
gives his hand in this Belt which he desires may be kept and shown to all
your people and to their children and children's children to confirm what
is now spoken and to bind this Treaty of Peace and Friendship betwixt
the English and the Cherokees as long as the Mountains and Rivers
shall last or the sun shine Whereupon we give this Belt of Wampum

And their Lordships desired they would give their Answers thereto
on Wednesday morning next

Their Lordships then showed them the samples of the above-men-
tioned presents and the chief of the Indians said to the Board by his

132 COLONIAL RECORDS.

Interpreter that they were not oonie hither as enemies but as friends
That altho' they did not expect to see the King yet they had seen him
And that they would give their Answer to the said Treaty on Wednesday
morning next.

fPage 237.J

Wednesday Sept. 9. 1730.

The seven Indian Chiefs of the Cherokee Nation attending as they
had been desired with their Interpreter as likewise Col. Johnson & Sir
William Keith Their liordships told them they were ready to hear what
the said Indian Chiefs had to say in answer to the propositions made to
them in belialf of his Majesty on Monday last

Whereupon Scalilosken Ket-agusta being directed by Sky-agusta
Oukah and the rest of the said Indians to speak in their behalf deliver'd
himself in the following terms —

We are come hither from a dark mountainous place where nothing but
darkness is to be found but are now in a place where there is light.
There was a person in our Country with us he gave us a yellow token of
warlike Honour that is left with Moyitchoy of Telloqua And as War-
riors we received it He came to us like a Warrior from you a Man he
was his talk was upright and the token he left preserves his memory
amongst us.

We look upon you as if the Great King George was present and we
love you as representing the Great King and shall dye in the same way
of thinking.

The Crown of our Nation is different from that which the Great King
Greorge wears and from that which we saw in the Tower But to us it is
all one and the chain of friendship shall be carried to our people

We look upon the Great King George as the Sun and as our Father
and upon ourselves as his children For tho' we are red and you white
yet our hands and hearts are join'd together.

When we shall have acquainted our people with what we have seen
our children from generation to generation will always remember it.

In war we shall always be as one with you The Great King George's
enemies shall be our enemies his people and ours shall be always one and
dye together.

We came hither naked and poor as the worm out of the earth but you
have everything and we that have nothing must love you and can never
break the chain of friendship that is between us.

Here stands the Grov' of Carolina whom we know This small rope
which we show you is all we have to bind our slaves with and may be
broken but you have iron chains for yours However if we catch your

COLONIAL RECORDS. 133

slaves we shall bind them as well as we can and deliver them to our
friends again and have no pay for it

We have look'd round for the person that was in our Country he is
not here however we must say that he talk'd uprightly to us & we shall
never forget him

Your white people may very safely build houses near us We shall
hurt nothing that l>elongs to them for we are the children of one Father
the Great King and shall live and dye together.

Then laying down his Feathers upon the table he added This is our
way of talkine which is the same to us as your letters in the Book are
to you And to you Beloved Men we deliver these feathers in confirma-
tion of all we have said and of our Agreement to your Articles.

After which their Lordships told them they were well pleased with the
consent they had expressed to the articles proposed to them in his Maj-
esty's behalf.

[Page 251.1

Tuesday Sept. 29. 1730.

A Memorial from Sir Alex. Cuming Bart in relation to the Cherokee
Indians was read And their Lordships resolved to consider further thereof
at another opportunity.

iPage 252.]

Wednesday Sept. 30. 1730

A letter from Sir Alex Cuming dated this day relating to the desire
of one of the Indian Chiefs to continue in England with him was read
And an Answer thereto was agreed & ordered to be sent

A letter to the Duke of Newcastle for inclosing a copy of the Articles
proposed to the Indian Chiefs of the Cherokee Nation the 7*** inst. as
also of the Answer they gave the Board the 9*** was agreed and signed.

IPage 887.J

Thursday December 10. 1730

A letter from Gov. Burrington, Gov. of North Carolina desiring the
Board's directions in relation to the making out of New Grants to old
landowners and to the appointment of Receivers for the Country taxes
was read and an Answer agreed thereto.

fPage 889.J

Thursday December 31. 1730.

An Onler in Council dated the 14**" inst directing this Board to pre-
pare a Draft of a Warrant for transmitting a new seal to the Gov' of
North Carolina and empowering him to use the same was read And the
Draft of a Warrant being accordingly prepared their Lordships signed a
letter for incloeing the same to the Duke of Newcastle.

134 COLONIAL RECX)RDS.

1731.

[B. P. R. O. Am. & W. Ind. Vol. 22. p. 108.]

To the Kings most Excellent Majesty

The Humble address of the Grand Jury for the whole Province of North
Carolina now met at Edenton April the first 1731.

This being the first Grand Jury called since the Publishing your Royal
Commission for the Government of this Province We with the greatest
Pleasure Embrace the occasion to assure your Majesty that we are a Peo-
ple devoted to your Royal Person and Illustrious Family and that noth-
ing could be more joyfully received than the certain news of our being
immediately under the Government & direction of so mild, so just, & so
indulgent a Prince, whose Glory is the Ease & Happiness of his People,
whose remotest R^ions feel the Influence & are made happy under it
and whom no Distance can seperate from the Good & Welfare of His
Subjects.

We b^ leave with hearts full of gratitude and Duty to acknowledge
your Majesties most Transcendant Goodness in that Tenderness & Care
shewn for the Ease & benefit of the People and preserving our Rights
& Liberties in those Instructions the Governor has been pleased to De-
clare. You have made the rule of his Government here, and we cannot
but look upon it a very great instance of your Favour, the sending us a
Gentleman for our Governor, so thoroughly acquainted with the State
and Condition of this your Majesties Province which will Enable him to
surmount many Difficulties that upon so great a Change of the Govern-
ment must have been Insuperable to a Stranger. And we have the com-
fort & Pleasure to say we have already seen such instances of his mildness
and Generous Treatment and even of his humanity and Tenderness to all
sorts of People that we are persuaded he makes your Majestys exalted
virtues his Pattern in Government, than which we cannot have a greater
Blessing.

His Excellencys great Impartiality in the Administration of Justice
gives us the firmest Assurance of enjoying the benefit of our Laws and
seeing Peace & order revive amongst us, and the generous Example he
has sett in forgetting all Private differances we doubt not will have that
happy Effect as to put an end to all heats & animositys amongst ourselves
that we may have no other strife but who shall be most Loyall & obe-
dient and the truest friends to their poor Country almost worn out with
its own Disorders and the weakness of the Proprietory Government^ but

COLONIAL RECORDS. 136

we now please ourselves with the thoughts that our Country will again
Flourish, our Trade increase and your Majesties Dominions will be en-
larged by a Growing Colony.

The New Settlement which our Governor at a very great Expenoe and
Personal trouble some years since laid the Foundation of at Cape Fear
' will we hope encrease & become a great benefit to the whole Province.
There are several matters we should have presumed to have represented
to your Majesty in whose favour we rest for granting whatever may con-
tribute to the prosperity of this your Colony, but our Greneral Assembly
being to meet very suddenly we shall leave it to them to lay such things
before your Majesty as may be wanting for our Country. We have only
to Repeat our Assurance of our most Profound Duty and Loyalty to
your Majesty and of our utmost Care in our Stations of suppressing all
Vice & Irregularity amongst us, which we think is the best means of
obtaining the Blessing of Almighty (rod to whom we shall always pray
that our most glorious King and Queen may long Reign over us. We

are

Sacred Sir

Your Majesties most Dutiful

most Loyall & most Obedient Servants

and Subjects

JOHN LOVICK, foreman.

HENRY BONNER

WILLIAM MORTON.

THOMAS KEARNY.

HENRY GUSTON.

WILL: GRAY.

EDW* GALE.

THOS. LOVICK.

W» HARDING JONES.

CHAS: DENMAN.

RICH* SKINNER.

RICHARD WHEEBK

WILLIAM WILLIS.

JAMES MILLIKIN

HENRY BAKER.

J" ISMAY.

JOSHUA LONG.

WILL: ARKIL.

JOHN BRICKELL.

The Grand Jury's Address to His Majesty, April 1" 1731.

\

136 COLONIAL RECORDS.

[B. P. R. O. North Carolina. B. T. Vol. P. A. 40.]

GEORGE THE SECOND BY THE GRACE OF GOD KING

OF GREAT BRITAIN FRANCE AND IRELAND &c:

DEFENDER OF THE FAITH &c:

To our Trusty and well beloved William Smith Esq" Greeting.

Wee reposing special Trust and Confidence in the care prudence fidelity
loyalty and integrity of you the said William Smith and out of our meer
motion, certain knowleilge and special Grace have ordained constituted
and appointed and by these presents do ordain constitute and appoint you
the said William Smith by the name and style of Chief Justice or Judge
of this our said Province of North Carolina To have and to hold and
determine all Pleas as well a-s civil as (Timinal and all other Pleas what-
soever arising and happening within our said Province of North Caro-
lina giving and hereby granting unto you the said William Smith fiill
power and authority to do perform and execute all acts matters and things
whatsoever which in our said Province to the Office of a Chief Justice in
any wise belong or appertain and in as large and ample manner to all
intents and purposes as any Justice of any of the Courts of Westminster
or any of the English Plantations in America may or ought to perform
and execute To have and to hold the said office of Chief Justice in this
our Province of North Carolina (During our Royall Will and Pleasure)
Together will all Fees perquisites Priviledges Liberties Immunities and
Casualties belonging unto the said Office and we do hereby revoke and
make null and void all former Commissions granted for the said Office
In Testimony whereof we have caused these our letters to be made Patent.
Witness our Trusty and well beloved George Burrington Esq" Captain
Greneral and Govemour in Chief in and over this our said Province of

North Carolina

GEO: BURRINGTON.
Given under my hand luid Seal

of the Colony the first day of

April in the fourth year of his

Majesties reign Anno Dom : 1731.

By order of the Grovemor and Council

Jos: Anderson

P. Secretary.

COLONIAL RECORDS. 137

[B. P. R. O. Am: & W: Ind: Vol. 22. p. 11.]

North Carolina. May 22"'* 1731.
May it please your Grace

The General Assembly of this Province having voted an Address to
be sent unto His Majesty, I put it under this cover, as in my opinion
the most direct way bf its coming to the Royal Presence, If I Err in the
manner I humbly ask your Grace's Pardon,

So soon as the committee shall have prepared the Representation of
the state of this Country I shall transmit it unto your Grace and to the
Lords Commissioners of Trade and Plantations pursuant to the Direc-
tions of the Assembly. In the mean time I ask Liberty to assure your
Grace, that I find in the people of this Province a most hearty zeal and
affection for his Majesty's person and Government, and a readiness to
comply with all His Majesty's Instructions to the utmost of their Power,
which I trust will be very evident to your Grace when you shall see the
Journal of the Assembly.

I am preparing a large Map of this Province for his Majestys view,
drawn from several Observations I collected when I was Surveyor Gen-
eral of this Province and many helps I have received from several Gen-
tlemen of this and the neighbouring Governments, the particulars
whereof I shall communicate to your Grace when I send the Map.

I beg leave to subscribe myself, your Grace's most obedient .

and most humble servant

E. MOSELEY.

[B. P. R. O. Am: & W: Ind: Vol. 22. f. 12.]

To the Kings Most Excellent Majesty

The Humble Address of the General Assembly of Your Majesty's
Province of North Carolina.

Most Gracious Sovereign

We your Majesty's most Dutiful and Loyal Subjects the Representa-
tives of the People of this your Province now met in General Assembly
with Chearfulness lay hold of this Opportunity on our first meeting after
the Publication of your Majesty's purchase of the Sovereignty of this
Province; to acknowledge with the Profoundest Gratitude the many

18

138 COLONIAL RECORDS.

Blessings we enjoy under your Auspicious and Happy Reign. It is with
the greatest Pleasure we observe your Majesty and our Gracious Queen
Caroline always Intent on Promoting the Happiness of all your People;
and although we are so remote from your Royal Presence, we find our-
selves Nevertheless the subject of your Fatherly Care and Concern.

We are in Duty bound to acknowledge as a particular mark of your
Indulgence the placing over us His Excellency George Burrington Esq"
Captain Greneral and Commander in Chief of this your Province, a
Person who by his Behaviour during the time he governed this Pro-
vince for the Lords Proprietors rendred himself very agreable to the
People by the Great Care he then shewed in his due Administration of
Justice and in promoting the wellfare of this Province; on which occa-
sion his Indefatigable Industry and the Hardships he underwent in car-
rying on the Settlement at Cape Fear deserves our thankful Remem-
brance.

The Governour having laid before us several of your Majesty's Instruc-
tions relating to this Province, we think it our Duty thankfully to
acknowledge your Majesty's great clemency and Goodness expressed in
those Instructions towartl the people of this your Province, and as some
of them do necessarily require that your Majesty should be informed of
the State and Condition of this Country, we have directed a Committee
to transmit a true State thereof unto his Grace the Duke of Newcastle
one of your Majesty's principal Secretarys of State, and to the Right
Honorable the Lor<ls Commissioners of Trade and Plantations.

That the Life of your Majesty our Gracious Queen may be Long, Your

Reign Happy, and the Succession of your Throne Perpetuated in the Most

Illustrious House of Hanover to the latest Ages are the Prayers of your

Majesty's

Most Dutiful

Most Loyal and

Most Obed* Subjects

E. MOSELEY. Speaker.
By Order of the General Assembly.

(Endorsed)
Address of the General Assembly

of North Carolina.,
in the Speaker of the Assembly's

Letterof May 22*1731.

COLONIAL RECORDS. 139

[B. P. R. O. Am: A W: Ind: Vol. 22. p. 13.]

North Carolina 1* of July 1731.
May it please your Grace

By his Majesty's Instructions I am ooninianded to transmit to one of
the principal Secretarys of State Copies of the Proceedings of the Gov-
ernor's Council, and Assembly with my report and remarks which have-
ing done, with care and diligence, I now do myself the honour to address
them to your Grace.

My Lord

I have used my endeavours to settle this Government as commanded
by the King's Instructions, if the Council would have assisted me much
might have been effected, M' Smith the Chief Justice, M' Ashe and M'
Porter Councellors violently opposed me, the Assembly by their instigation
instead of observeing his Majesty's Instructions, and makeing Laws for
the good of their Country, in concert with the before named Councellors
imployed themselves in promoting private Agencys and Complaints,
Smith resigned his seat in Council, it is beliv'd here he is gone to Eng-
land to complain against me, I treated him with great kindness and.
gave him very good advice, he might have lived very happily in this
Country if he had either understanding or honesty I have reason to think
this ungratefuU youth was seduced by M' Rice Secretary of this Prov-
ince Coll : Bladen's Brother in Law, before his comeing everjrthing
looked well, he stayed but a short time then returned to his Family in
South Carolina, I have heard from London and it is commonly reported
here that upon any Complaint I shall be dismissed and Rice promoted to
the Government by M' Bladen's Interest, M' Montgomery the Attorney
General is very intent to prejudice me on all occasions, he came with
Recommendations from Coll : Bladen.

The Province notwithstanding the Artifices that have been used is in
a peaceable and quiet condition, I hope to keep it so, till such time as I
am honoured with your Grace's commands, no good can l>e expected from
an Assembly before.

My IjORV

The Inhabitants of North Carolina expect they shall have Liberty to
take up Land on smaller Quit Rents than are now sett for new surveys,
being double to what is paid in Virginia and twelve time more then the
Proprietors received, this circumstance is very prejudicial to all the

140 COLONIAL RECORDS.

Officers more particulaly the Secretary Iwo thirds of his perquisites
accrued by Warrants and Patents for Land, when affairs are rightly set-
tled the incomes of the several Officers will be the full value I named
them to your Grace. I cannot flatter myself so much to think your
Grace will looke upon my Report, or the Journals. The Favour I desire
of My Lord Duke is to allow the Liberty of defending myself against
my base enemys if attackt and that he will not pass Judgment upon
me before my defence is seen, after that if your Grace finds me upon the
strictest examination in fault, I will never complain punish me ever so
severely, haveing acted with great care and precaution am certain my con-
duct will prove blameless (I hope commendable) therefore am fully
satisfied your Grace will not permit M' Bladen to mine me if he
attempts it.

Your Grace was infinitely good in generously promoting me to this
Government, I will allways act in the best manner for his Majesty's ser-
vice, and take care never to give my Lord Duke cause to be displeased.
I fear writing more would make this letter too long, therefore have
instructed M' Fury to inform your Grace, when commanded.
I am

Your Grace's

most humble

and most devoted servant

GEO: BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 13.]

GOV BURRINGTON TO I^DS OF TRADE.

[1 July, 173L]

To the Right Honourable the Lords of Trade and Plantations

My Lords.

Having finished my Report of the State and Condition of this Pro-
vince as I am commanded by His Majesty's Instructions, herewith I
transmit the same to Your Ix)rdships Board, and shall be Extremely
])leased if it has the GcxkI luck to meet with Your Lordships Approba-
tion, the aax)unts I give are Just and true according to the best of my
Knowledge and Informations I («uld get what Relates to my Own Be-
haviour is Submitted to Your I^ordships Judgement I can truly say I

COLONIAL RECORDS. 141

have acted in everything to the best of my Capacity, and have not know-
ingly Deviated a Tittle from the Powers and directions I brought with
me, when I have His Majesty's interest in View and pursue his Instruc-
tions, I think I cannot Err.

I have been entirely left to myself since I entered upon the Country's
Business and instead of help and Assistance from His Majesty's Council
and Officers here as I might reasonably have Expected (and surely it
was their Duty to have given me) I have had and still have them a
weight upon me, There has been no foolery or Villany sett on foot that
they are not Concerned Inn which has increased since John Mongomery
the Attorney General arrived at once he struck in with this Party, I
have the whole force of his Wisdom and the three following Gentlemens
to Guard against.

If I am wanting in my Report or have Omitted any thing that might
have been done for His Majesty's service it must be attributed to the
conduct of these Gentlemen; I have been so farr from Disoblige! ng or
doing any thing to make them Uneasy, that on the Contrary I have
used all my Endeavours to serve them and cannot account for their
behaviour to me. (when I mention the Council I doe not mean all there
being but three principally that I complain against) M' Ashe a Gentle-
man (when I had the Charge of this Government under the Proprietors)
I conceived so good an Opinion off that I intrusted him with all my
Concerns during ray stay in England. The second is M' Edmond
Porter; who has to say of me that I Refused to make myself a party in
his unjustifyable quarrels and would not screen him from several Prose-
cutions against him for his Violent and unlawfull proceedings in the
Court of Admiralty of which he is Judge. The third is M' Smith the
Chief Justice a Weak Rash Young Man, Drunk from Morning till Night,
set on work by the Other two and some of the Managers in the Assem-
bly, when anything was to be said or done that the Others were ashamed
off, he was their Mouth and Tool he has Resigned his seat at the Coun-
cil Board sometime Past, it is now reported he is going home with Com-
plaints Against me, this for anything I know may be true, Tho' upon
the Strictest Examination into my Own Conduct I am no way Conscious,
that I have given the least Pretence to these Gentlemen to Complain, but
every thing may be Expected from the Folly and Madness they have
shewn, and the heats of Nonsense that is for Ever among them.

My Lortxs.

I am convinced ray Actions will speak for theraselves and that I shall
have no Occasion to bespeak your favour Your Justice I have a Right to

142 COLONIAL RECORDS.

Demand and am sure it will not be Denyed me (which is) that if any
complaints are Lay'd before you, I may not be censured unheard, I desire
only an Oportunity of Answering whatever may be Objected against me.
I am

With due Respect
Your Lordships
Most humble

And Most obedient Servant

GEO. BURRINGTON

[B. P. R. O. Am: A W: Ind: Vol. 22. p. 14.]

North Carolina. July tlie 2* 1731.

To the Duke of Newcastle One of His Majesty's Principal Secretarys of
State.

May it please your Grace.

The 25**" of February last I came to this Country found the Province
in the greatest Confusion the Government sunk so low that neither Peace
or Order subsisted, the General Court suppressed, the Council set aside
a year and half, some of the Precinct Courts fallen, the admiralty Court
haveing no restraint began to draw all manner of Business there and
proceeded in such an Extraordinary Manner as occasioned a General Dis-
content and Ferment among People, who from all Parts on my arrival
complained against that Court, the Gentleman that is Judge of it boasted
of his success in putting down the supream Court, and is known to have
l)een the Chief Actor in running the Country into Disorders. The late
Governor Sir Richard Everard being a very weak man was too easily
put upon such rash and unadviced Measures tliat have since caused so
many heats and divisions, I fear it will be some time before I shall be
able to allay them though I have done my utmost Endeavour to effect it
and to sett a good Example I freely passed by all Differences I had with
any persons for their past Actions, which was gratefully received. The
first Grand Jury (which was for the whole Country) made a thankfull
acknowledgement in their Address to me at the same time they signed a
very Ijoyal and Dutifull Address to his Majesty That will Ikj transmitted
home with these Papers

Soon after my arrival agreeable to my Instructions with the Advice
of the Ciuincil I issued WritsS for calling an Assembly which met on the

COLONIAL RECORDS. 143

13*** day of April I opened it with a kind spe^ili recommending Peace
unanimity and due r^:ard to hin Majesty's Instructions which I ordered
to be laid before them, kept them sitting Five weeks when I was obliged
to part with them finding the longer they sat the more their heats in-
creased and less Inclination in them to observe his Majesty's Instructions
as shall he further taken notice of in its Place, and proceed to make
remarks upon what was done on the several Instructions.

As directed by the Id*^ Instruction a Bill was formed for an Act al)out
the Fees and Quit Rents to that Part of the Instruction for remitting
the arrears of Rents, it was readily enough accepted but instead of cx)m-
plying with his Majesty's Instructions about the payment of Fees and
Quit Rents in Pix)clamation Money they pretended to allow the payment
in that Money or Bills at Four for one Discount but then they would
New Modell the Fees which accordingly they undertook, and ingeniously
reduced them down four times as Low as they were before but this was
so palpable, it was not long insisted on, but begat a good deal of Warmth
in the Council to see such Prevarication several hot Debates and Mes-
sages insued, but I being desirious to enter more calmly on reasoning
this affair in my message to the Ijower House on the third of May and
in the Amendments I made to the Bill on the first, I put the Matter in
so clear and strong a light and with so much Temper that they never
attempted any Reply but seemed as if they intended to pro(«etl and
allow the Fees already established, to U? paid in priK'lamation money or
rated Comnuxlitys of the Country or Province Bills at an ecjuivalent.

Al)out this time I discovered theix? l)egan to be Divisions in the C'Oun-
cil and that the Ijower House finding the alignment liear to hanl upon
them they were resolveil to make a Division (as they (»lled it) in the
Council, but I endeavoured all I c^uld to prevent this madness, but I
cannot answer for the Follys and Passions of Men, all my Endeavours
failed, the Chief Justice who hitherto ap|)ejired the warmest against the
Lower House and by his extravagant unwary way of Talking liad irra-
tated them, was at once by some means or other (to me unknown) made
to alter his conduct and act quite a different part, and from that time I
had as many Disputes with him and two more of the Council as with the
Assembly who afler this went but sloly on in complying with his Maj-
esty^s Instructions, which I van attribute to nothing but the Behaviour
of some of the Council who seemed to be admitted into the Assemblys
Secrets This obstructed everything and obliged me at last to prorogue
them, I could never get them to allow more than 150 per: cent discount
on the Bills to make the Equivalent to Proclamation Money, which was

144 COLONIAL RECORDS.

not half the real difference as the Bill pass: Though at the same time T
offered if they would comply with his Majesty's Instructions in other
things to submit my own Fees to their Discretion. And for that part
of the Instruction that required the registring of I^ands which I look
upon to be very Material toward getting his Majesty a Rent Role, they
only evaded it by answers that shewed plainly they designed to doe noth-
ing therein, I look upon this Point to be the more Material because of
the great difficultys hitherto in the collecting for want of power in the
Lords Proprietors and a compleat Rent Role, and there being no Re-
ceiver General here the collection of the Revenue is like to be more
perplexed and difficult, in my opinion will require an Officer immedi-
ately commissioned and not to be Transacted by a Deputy as is now
designed — In respect to the payment of Quit Rents they had ingeni-
ously contrived (under pretence of not being able to pay this year) that
it would be near two years before Rents should be paid, and then the Bill
added they might be paid in Tobacco or Rice at Eleven shillings per
Hundred as an Equivalent for Proclamation Money, tho it is well known
that neither of them are worth near so much. I desired the opinion of
the Council as may l)e seen in the Council Journals whither any Ekjuiv-
alent at all could be taken insteail of Money and if there might whither
what was proposed in the Bill was sufficient, but I could obtain no answer
or advice of the Council thereon while the Assembly was sitting, they
being then gone to farr into that Spirit of Opposition before com-
plained of.

I must humbly beg to know his Majesty's Pleasure if the Receiver
may take any Ecjuivalent instead of money which is hardly to be raised
in the Government it being affirmeil that there has not been cash eneugh
at one time here to pay a years rents. And the people have another Plea
that the Grand Deed to the Inhabitants of Albemarle the Name this
Government was then called in 1668 under which most part of the Lands
are held — Grants the Lands to them on the same Terms as in Virginia
where the Rents are paid in Tobacco or Money at the choice of the Par-
tys, and it is submitted whither it would not be a means of putting Peo-
ple on raising Tobacco, and thereby increase our European Trade that
so much wants encouragement.

The 20*** Instruction directs me to send an Account to the Lords Com-
missioners of Trade and Plantations whither any Pajwr Bills be Current
in North Carolina and how many, on what Fund and at what discount
thev are current.

COLONIAL RECORDS. 145

To put this affair in a clear light it •may not be amiss to take notice of
the first Emission of Bills here, which was occasioned by the expenoe of
a Bloody Warr with the Indians nere 20 years past. The Lords Pro-
prietors complained of this as a Hardship upon them, that these Bills
were made to pay their Rents and Fees to the Officers, but it was
answered that they were to defray the Expence of the Warr to save
their Lordships Country from a great danger, and which they had
nothing contributed to defend, therefore it was reasonable the Lords
should so far partake as to suffer their Rents and Dues to be paid in
these Bills, which were made Current in all payments, and which by the
Taxes laid as a sinking Fund in a Few years would call them all in, and
put an end to them, to perform this the Publick Faith was pawned.
However that Faith was afterwards broke in upon. The Taxes for sink-
ing them were lessened and afterwards more Bills emitted, which all the
while paying the Lords Rents and Dues was an apparent Injury to their
Revenue. This the Ijords ordered to be redressed but without any effect.
However these old Bills are since called in and all the Bills of Credit
now subsisting are by a pretended Law «iade in November 1729, Aft«r
the King had purchased a Copy of the Act is herewith transmitted by
which it appears the sum of Forty Thousand pounds was made of which
Tenn Thousand Pounds were allotted to exchange the old Bills then cur-
rent, the other Thirty Thousand Pounds were distributed into the several
Precincts and Precinct Treasurers appointeil to lett them out at Loan on
Land Security, every year part of the principal with the Interest to be
paid inn by such payments as in fifleen years to sink the whole whereby
the Country is to gain 50. per: (»ent upon the Emission, tho there was
Liberty for the Borrowers at the end of any year, to pay in all the Prin-
cipal which was to be let out again in the same Manner, By this method
the money being to he lett out as fast as paid in would make them per-
petual, most of these Billp have according been let out at Interest and
are now dispersed through the Country, tho for want of care in the valu-
ation of the Lands Mortgaged it is said there has been a great deal of
fraud These are the Bills now current, and this the Fund they are upon.
The Act it self made an Estimate of them at Four for one with respect
to Virginia Currency which is something better than Proclamation
Money, Th5 not so much better as the Assembly seemed to deem it.
For Proclamation Money makes the chief part of Forreign Coyns cur-
rent at 6' 10* per: Ounce, and Spanish Money passes in England at
about 5* 6* per: Ounce Sterling. The pretended Act says if the Bills
in this Currency should sink from that estimate an allowance should by
19

146 COLONIAL RECORDS.

the Assembly be afterwards ascertained on them, this was Intricately
enough expressed in the Act, and at the same time in Lieu of these Bills
when to be paid inn If they were paid in Silver it should be taken at 25*
per: Ounce which was stateing of it at four for one in Silver according
to the old Virginia Currency which till lately was at 6* 3* per: Ounce.
This seems the Statement made by the Act but instead of Four for one
in Sterling Silver they will not pass so, nor purchase Silver under seven
or eight for one and their Credit seems more declineing from the Break-
ing up of this Assembly without settling things and its held by many
that the Act itself is Void not only as made and ratified in the name of
the Lords when they had surrendered to the Crown, and were no longer
a Corporation, but that if it had been otherwise the Grovernment here
were not impowered to make such an Act without a Clause therein not
to be Force till their Assent was had For by the Charter the Lords had
power by themselves or Deputys with the Freemen to make Laws. They
impowered the Grovernour and Council in their name and behalf to ratify
Laws excepting such as affected their own particular Interest or Property
which was to have their own assent. And its undeniable that this Act
most materially affected them in their Right and Interest, and their
Attorney Greneral for that reason on their Behalf protested against it,
which was entered on the Journal of that Assembly.

This present Assembly in their message April the 28*** as may be seen
in their Journal herewith sent are of Opinion that the Laws made in
1729 are not Void or at least ought to remain in force till his Majesty's
Pleasure be known thereon — Bills have been found so neoessarj' in facil-
itating payments for defraying the contingent charges of the Government
as well as a medium of Trade that the destroying them wholly would
(I think) be a great loss and damage to the Country. And if his
Majesty's pleasure should be to declare the present set of Bills Void it
is humbly hoped an Instruction may be sent for issuing others on a
better foundation, and more agreeble to his Majesty's Royal Will and
Pleasure

In Observance to the 25*** Instruction I have caused all the Laws in
force to be sent home with this Report and made Observations as directed
on the Margins I intended to have had a Revisal of them by our Assem-
bly had they agreed on doing any Business, some of them want explain-
ing, some are obsolete, others need alterations, but in general they tseem
to me a body of Laws well adapted to the place

The 31* Instruction (as directed in the 32"*) I laid before the Assem-
bly and what they did will be seen marked in the Margin of the Jour-
nal of the Lower House.

COLONIAL RECORDS. 147

The Court of Exchequer mentioned in the 38*** Instruction I have not
yet erected this being left by the Instruction as I understand it discre-
tionary in me to commissionate, when his Majesty's service may require,
and nothing haveing yet been laid before me concerning his Majesty's
revenue I forbear erecting the same till I see a necessity for such a Court
there (wholly new) and how far his Majesty's service may require a con-
stant Court of Exchequer to be held, I shall be better able in time to
judge. I am very certain there is no man at present in this Government
capable of trying a cause in a Court of Exchequer therefore pray one
may be sent from England to execute the office of Chief Justice Baron
when the Court is set up.

Being directed by the 41** Instruction to inquire into the Complaint of
Sir Richard Everard Barronet late Go vernour against some of the Mem-
bers of the late Council and some of the Lords Proprietors Officers
And of the late Council against Sir Richard Everard, I accordingly gave
notice to the partys and ordered them respectively to be served with
Copys and on the day appointed for the Inquirey Debates arose in Coun-
(iil upon some points wherein I desired their opinion I was not candidly
dealt with by them as may be seen in the Journals of the Council at
length the Board gave it me as their opinion that there was nothing
Material in the complaint against Sir Richard that deserved to be pro-
ceeded upon only the words spoken against his Majesty which the Gen-
tlemen alledged were to have been proved by Collector Gale who is now .
in England and Coll : Thomas Harvey who has some time been dead.
And as to the complaint of Sir Richard Everard against Secretary Sur-
veyor General and Members of the late Council as soon as Sir Richard
was called upon to make it good he declared he had nothing to say against
the Surveyor General or any of the Members of the late Council, but
only against the late secretary Sir Richard called several people who
were admitted to* give Depositions, but all they swore being Facts, long
after the complaint was made, upon the motion of the said Secretary t-he
Board gave their opinion that such Evidence could no ways support
Complaint and Sir Richard failing to produce any other Evidence the said
Secretary was by the unanimous opinion of the Board discharged from
the said Complaint, and the said Secretary haveing put in an Answer to
the said Complaint of Sir Richard to clear his character from any Impu-
tation that might be drawn from the Depositions taken against him, the
same was judged satisfactory and will be sent home with the Council
Journal.

148 COLONIAL KECORDS.

Coiuplaiut was made to me allso by Exlmond Porter Esq"* Judge of
the Admiralty against several persons for an intended Riot and combi-
nation of a great number of persons intending to assasinate him, or
obstruct him in the Execution of Office upon which I promised him if
he would draw up the Complaint in Form that the persons concerned
might be served with Copys I would appoint a day for hearing, but the
Judge having offered nothing further upon this complaint I conclude
he has droped it. By what I can learn there was no Riot intended no
any designe to do him hurt.

Complaint was allso made to me against the Judge of the Admiralty
for many ill^al and arbitrary proceedings in that Court against all Law
and common right, praying a suspension of the said Judge or other
course to be taken with him which I ordered to be layM before the Coun-
cil to be proceeded upon. To this the said Judge has not hitherto
replyed as will be seen in the Council Journal.

42"* Instruction : This I laid before the Assembly and recommended
in my speech but nothing was done by them — To that part which relates
to persons holding greater Quantitys of Land than their Grants express.
It was urged that they had a Law already about Resurveys in such cases
which will be seen in the Body of Laws with my remarks. As to the
condition in this Instruction directed to be put into the patent it has all-
ways been usual to add a clause in the Patent it has allways to render it
void if not seated and planted in three years, But no condition hath been
in the Patents to make them void for not paying the Quit Rents unless
the words yielding and paying be thought a condition as the usual form
of the Patents run, which have formerly been prescribed by a Law as
may be seen in the Body of Laws, But now as the stile and form of Pat-
ents must vary I desire a Draft from the Board of Trade. It is directed
in this Instruction that no more than Fifty Acres is to be granted for
each person in the Family of the Taker of Lands, If this is not altered
there can be but little Pitch and Tarr made Because a Thousand Acres
of Pine Land (of which nineteen parts in Twenty of this consists) will
hardly employ one slave and will be very detrimental to the Revenue.
In some Places there are large Plains called Savannas, these are Boggy
and as bad Lands as the Moors in the North and West of England so
consequently unfitt for Agriculture. The Pine Lands are chiefly sandy
Barrens as improper for Tillage as the Savannas. Another observation
on this Instruction, that if jKiople have so little Land it will be a very long
time l)efore all the Country is settled, and if Men are obligetl to live so
near one another they must make their own Apparel! and Household

COLONIAL RECORDS. 149

G<y)d8 because they cannot raise stock to purchase them brought from
England, it is by breeding Horses, Hoggs, and Cattle that people with-
out slaves gain substance here at first, not by their Labour. If but one
half of this Province is inhabited by consequence the produce of Cattle
Ac: will be but half what it might be were the whole taken up.

I am commanded by this Instruction also to give an Account whither
any Grants of Land have been made in North Carolina without his
Majesty's authority since the purchase from the 25*** of July 1729. That
his Majesty may give such Orders an may be thought convenient for his
service.

I have on this head been moved by the Assembly to joyn with them
in an address to his Majesty to have all those Grants confirmed to the
people. My answer was I did not think proper to joyn in such an
address but I would truly represent the matter to the Lords of Trade.
Which is as follows. —

The Quit Rents as they have been collected did annually fall short of
paying the Salarys and other payments to be made for the Lords Pro-
prietors to supply the Deficiency, Lands were sold by order of the
Grovernour and Council to such as could produce Grants or Warrants
formerly obtained for them and on running the Line in 1728 Betwixt
this Government and Virginia which was done by his Majesty's com-
mand and the Proprietors order. There being no money in the Receivers
hands to defray that charge an order w^ made by the Govemour and
Council that Lands should be sold at the usual rates to defray that neces-
sary expence, it was undertaken and the Re(«iver General with the assist-
ance of the late Secretary and others, on the credit of that order advanced
the money needfull which amounted to £2000 in Bills (as appears by the
accounts I have perused) which I think very moderate and declared so in
one of my messages to the Assembly. Certificates were accordingly taken
out but before the Lands could be surveyed and Patents obtained and pass
the seal, the purchase was perfected by the Crown, and the Grovernment
still continuing in the same Form and having no orders to the contrary
went on as before to sign the Patents and compleat the sales — The late
Receiver General was ordered to produce the accounts to me in Council
the same were laid before a Committee who have not yet made their
Report — This is the truth of the affair by the best Information I could
get concerning the purchase of Lands since his Majesty has bought the
Government which haveing now justly represented I shall suffer to remain
till his Majesty's pleasure be fiirther known.

160 COLONIAL RECORDS.

43** Instruction : requires that in all Grants to be made for the future,
the Quit Rents to be Four shillings, but the people urge that they have
an undoubted Right by the Grand Deed from the Lords Proprietors (a
copy of which will be found in the Assembly Journal) to hold their Lands
on the same Tenure as in Virginia which is at two shillings per: hundred.
So that if this Instruction be continued while the people imagine they
ought to have the benefit of the Grand Deed, it will prevent them from
taking up I^and and hinder the increase of the revenue, prevent the per-
quisites of the Officers, and obstruct the gro^^lh and increase of the
Country.

The 44*** and 45**" Instructions concerning the Jurisdiction of Courts :
will make due observance of

I am directed by the 46**" to transmit an Account of the several Courts
and Jurisdictions here established. The Court of Chancery by the for-
mer constitutions has allways been in the Governour and Council.

The supream Court of common Law which is for the whole Province
is called the General Court and hath consisted of a Chief Justice and
two or more assistants which by the Lords Proprietors commission had
the power of the King's Bench, Common Pleas and Exdiequer. And the
Greneral Court by another Commission as a General Sessions of the
Peace Court of Oyer and Goal Delivery consisted besides the aforesaid
Members, of all Members of Council the principal Officers by name
which before the late disorders was constantly held by act of Assembly
three times a year at Exlenton. Besides this General Court there is allso
in every Precinct a Court established, called the Precinct Court with
power to try all personal actions under Fifty pounds & is also an
Orphans Court, appoints Guardians, takes security &c : Before I leave
this head I b^g leave to mention a great Debate I have lately had with
the Chief Justice and his two allies in the Council, about the power of
assistant Judges in the General Court as may be seen at large in the
Council Journal herewith transmitted therefore say the less here. But I
am very sure if the assistant Judges have no Juditial Power as they
express it, and set only as supporters, being useless. No Gentleman will
accompany the Chief Justice on the Bench besides in my Opinion it will
be erecting a single Judge of the Court of Common Pleas unknown here
before, and I believe as little consistent with the Law, but since the
Chief Justice is pleased to declare himself my enemy and so much argu-
ment has been upon this head I shall be glad to be favoured with an
Instruction or advice hereon.

CX)LONIAL RECORDS. 151

The 47th Inst^iction : I never heard tliat any Oflficers in North Caro-
lina had placcH under the Proprietors for life but only during their Pleas-
ure which are all now superceeded.

The Assembly of this Province have allways usurped more power than
they ought to be allowed, one instance I now give in that of chuseiug a
publick Treasurer (the person now in possession of the office is Edward
Moseley speaker and Manager of the Assembly) in the last Session there
was some Debate on this subject as may be seen in the Journals — By the
Assembly here in 1729 a pretended Act was passed that constituted
eleven Precinct Treasurers who were all in the Assembly and as they
have the Disposition of the Publick Money will be constantly chosen,
which forms so great a Party that they can lead the Assembly as they
please. I am sure it will be for his Majesty's service and quiet of the
Province that a Treasurer for this Government be appointed by the
Lords of the Treasury.

48"* Instruction : Directing me with the Council to r^ulate Fees, and
the 19"* Instruction — Directing me with the Council to r^ulate Pees,
and the 19"* Instruction — Directing all Fees to be paid in Proclamation
Money I ordered with the Assent of the Council, that the Fees as they
then stood should he received till further r^ulation. But they should not
be compelled to receive them in Province Bills unless at Four for one
According to the Estimate made of them with respect to Silver in the
pretended Act. This the Lower House at their Meeting with much 111
manners and a great deal of heat complained of (I have never heard that
any man in this Country has complained out of the Assembly an well
know how it was there managed) as Ill^al and Oppressive an Injury to
Trade and that they could hardly find a morfi^eneral Evil which occa-
sioned some writeings between the two Houses 'as will be seen in the
Journals of either House — The Council declared what had been done
was agreeable to the King's Instructions and therefore the complaint in
effect made the King's Instructions Ill^al and Oppressive: to this the
Assembly answered that they did not declare the Instruction was against
Law, but the Officers takeing larger Fees than the Law appointed was
ill^al and arbitrary and a great oppression, whereas in Truth they took
no other Fees than those already by Law established only refused to take
them in Bills unless at a Paper discount this subject being carried on
with great heat in my message the third of May (already mentioned) I
expostulated the matter calmly with them and shewed how manifestly
unjust it was that the Fees should be paid in those Bills at Parr, and let
them see withall that the Bill Money stood on a precarious Foundation,

152 COIX)NIAL RECORDS.

to this no reply was made, but the House b^an to come into Measures
to allow a discount on Bills to make them equivalent to Proclamation
Money on the rated Commodities, but there being afterwards heats and
/ divisions in the Council as observed before under the 19**" Instruction the
Tx)wer House fell off and could not be brought to exceed 150 ^ cent
discount on the Bills for an equivalent Tho in Reality its not half the
real difference so that Matter ended and the Assembly was prorogued to
the sixth day of September next when by a Law here the Election for
a Biennial Assembly comes on. I heartily wish I may then find a Tem-
|>er in both Houses more disposed to his Majesty's service and a comply-
ance with his Instructions.

56**" Being commanded by this Instruction to appoint two Courts of
Oyer and Terminer to be held yearly the charge whereof to be paid by
the Publick Treasury of this Province not exceeding one hundred
pounds each Session, If this Money is to be paid in Bills will not be
sufficient therefore pray I may be further instructed.

61** Instruction: directs a Law concerning Jurys if none already.
This is settled here by a Law which the people are fond of. The Assem-
bly has formed Lists of Jurors in each Precinct, and their names are all
put into a Box to he drawn at the ending of the Court by a Child
against the next Court but there seems two inconveniencys in this, that
the Assembly admit into those Lists persons not qualifyed ac-cording to
the Intent of this Instruction, and tlie Jury drawn being known so long
before may give Opertunity for the Partys to l>e tampering with them
in the mean time.

6S^ Instnu'tion, I laid l>efore the Assembly and reeonmiended among
others in my Speech, to no purpose.

I am commanded by the 69*** Instruction to countenance and give all
due encouragement to his Majesty's Officers in this Province which I
have strictly obeyed and shall w)ntinue notwithstanding it has made sev-
eral of my former Friends in this Government to l)ecome mv illwishers.

75*** & 76*** Instructions I laid before the Assembly concerning Churches
and the Publick Worship but I could not observe much sence of Reli-
gion among them or that any notii*e was taken. This Country has no
Orthordox Minister l^;ally settled those that formerly have been here
generally pmved so very bad that they gave people Offence by their
vicious Lives. The Country is divided into Parishes and there are in
each Parish Church Wardens and a Vestry who have power to raise
money by Poll Tax not exceeding 5*** in Bill Money on Tythable
Persons which now the Bills are so Ix>w amounts to a small sum this

COLONIAL RECORDS. 153

is put to maintain the poor if any or paying some neighbouring Minis-
ter for comeing out of Virginia and to pay Readers there being one or
generally more at a small stipend hired annually to read the common
service of the Church on Sundays and some printed sermon at a Chap-
pie House where there is any or in some Publick Place several Parishes
haveing by contribution or otherwise built Chappies at convenient places.

85*** Instruction mentions the Indians here; Of late years they are
much diminished, there are six Nations amongst us, they all live within
the English Settlements having I^and assigned them, and chuseing the
Places most setnire from the attacks of Forreign Indians that delight in
slaughtering one another, the names of our Indian People are the Hat-
teras, the Maremuskeets, the Pottaskites, the Chowans, the Tuscarora,
and the Meherrins not one of these Nations exceed 20 Familys excepting
the Tuscarora Indians who were formerly very powerfiill most of these
were destroyed and drove away in the late Warr, only this Tribe under
King Blunt made Peace and have ever since lived in amity with us con-
sisting now of about 200 fighting men. There was lately a messenger
from the Government of South Carolina complaining of Injurys done the
White people of that Government by those Indians. But they denying
the Facts charged on them and refuseing Restitution are threatened by
that Government with a Warr from the Cherokees and Catauba's. On
this affair their King is now with me to make some Proposalls, that the
White people of South Carolina may not come against him, because he
says it may bring on a Warr with the English in General, and may be
a matter of consequence to the Country. I have but one Councellor left
here to advise with on this affair, the others being out of this Province,
or at a very great distance, therefore shall be obliged to fill up some of
the Vacancies that I may have a Council to consult on Emergencys, my
residence in this part of the Goveniment for some time being absolutely
necessary for his Majesty^s service

87"* Instruction requires me to report the number of Inhabitants in
this Government: I have had no time to go upon this Inquiry, but shall
obey the Instruction as soon as possible.

Aca)rding to the 85**" Instruction there is allready a Law of the Coun-
try for registering all Births and Burials in each Parish; th5 little taken
notice of it.

And as there are no Forts, Grarisons or Magazines, or any Publick
Arms or Amunition in this Province; No further answer is needfuU to
the 96"*, 97"*, 98"*, & 99"* Instructions only on the 99"* If there should
be a Warr or Rupture with the Jndians then there will be a Necessity

20

«

154 COLONIAL RECORDS.

for Forts and Magazines of which an immediate aocount if it so happen
sliall be given.

103"* Instruction — A Map of this Province I am procuring to be done
very accurately and when effected shall transmit as commanded.

104*^ When the Lords of Trade were settling my Instructions I gave
them an Account how intricate and difficult it would prove to run a line
as directed in this Instruction, moreover it will be an Expence of two
thousand pounds sferling to the King. Whereas were all the Lands on
the North side Peede River in this Grovernment there would be no occa-
sion for any line (Water bounds being certain) Nor his Majesty put to
the Expence of running a Line, I must further say that if the District
between the Division intended by this Instruction and that River was to
be sold it would not prove sufficient to pay commissioners, chain, carriers,
labourers &c : This Instruction has not yet come under consideration in
Council, but shall be duly observed. If I am not otherwise commanded,
and if any difficulty arises thereon it shall be carefully represented. The
River Santee which is fiirther South formerly divided the two Govern-
ments as will appear by many books of Geography and other accounts.

105*** In answer to this Instruction I can find no rates or dutys cliarged
on any goods exported or imported, nor any Imposition except Powder
money which is paid in Bills at | ^ Tunn and which was at first
intended for Pilotage and buoying out the Inlets and Channels, and
some small attempts were made but of late years shamefully n^lected.
And the Chief use the money has been applyed too has been in paying
the Assembly Men who have received Tenn shillings a day Travelling
Expences to and from the place where the Assembly is held and during
the sitting thereof. There is no I^aw for their being paid, therefore I
refused to sign a Warrant at the late Prorogation I hope for the Future
the Assembly Men, may bear their own charges in North as they do in
South Carolina. Here are no dutys on anything, nor any Taxes of any
sort but a Poll Tax of 5* Bill Money each Tythable (and that by the
pretended act in 1729 abolished) and a Parish Tax to be issued by the
Vestry not exceeding 5' "^ Poll for rateable Persons in Bill Money not
exceeding 1* 6* Sterling, and tho the people are thus free from Taxes or
Impositions beyond any people in all his Majesty's Dominions they seem
uneasy that the Kings Rents should he demanded in Proclamation Money
or any thing else but Bills.

As to the African Company mentioned in the 106*** & 107*** Instruc-
tions their Trade here hitherto hath been small, but as this Province is
now in a way to increase all due encouragement shall be given by the

COLONIAL RECORDS. 156

most speedy and impartial Administration of Justice and all other ways
that may be and due observance made of their Trade according to the
108"* Instruction, as allso all the assistance required to the admiralty and
custom Officers, and to the Receiver of the Admiralty Rights, agreeable
to the several Instructions thereon. I shall take care when the nei^t
Assembly meets, to propose to them an act about Bankrupts as directed
in the 104*** Instruction.

The 115*** and 116*** Instructions concludes the remarks required.
The Instruction about the General state of the Country is near fully
answered by what has been already observed, I shall only further add
that I found the Grovernment in a very disorderly condition through the
weakness of the late administration that suffered things to run into all
manner of Licentiousness I shall find it no easy matter to reclaim them
but as I have a through knowledge of the Country I hope they will soon
be in a better disposition and shall endeavour in the calmest and mildest
manner to bring them to a sence of their Duty to his Majesty and his
Government without which peace and good order cannot be maintained
The Country is capable of being made a growing and flourishing Colony
and yearly will increase by the a)ming of people from the Northern Set-
tlements The Lands to be taken up for the future by the Instructions
are at Four Shillings every hundred acres, this is twice as much as in
Virginia to a Trifle, the good lands lying commodiously are long since
Patented, the remainder the greatest part of the Country are far from
navigable waters — For the increase of his Majesty's revenue and good
of this Province, hope I shall receive an order to grant lands at two
shillings, I have signed but one Warrant for takeing up land since my
arrival. The Trade of this Government is now miserable except at Cape
Fear River, the merchants on James river in Virginia supply most of
the Inhabitants living on the North side Albemarle Sound and Roanoke
river with Brittish Commodities at unreasonable rates being brought in
by land or in little Canoos in small quantities. The people of New
England send in sorry sloops which sale from river to river they furnish
our people with West Indian goods and salt and carry away such things
as cannot conveniently be transported into Vii^inia the only method to
put the Traffick in a right way and make the Trade of this country
advantagious to Great Brittain is to settle a Custom house on Ocaoock
Island, where there is a good harbour and water sufficient for a ship that
carrys 300 Tunus. From this place the gootls brought in may by small
vessels \>e (»arried within Land to all places in this Country that doe not
depend on Cape Fear River for their trade and be a Port for the three

156 CX)LONIAL RECORDS.

districts of Roanoke, Currituck and Bath Town. Permit me to say that
if lands may be granted at 2* for every hundred acres, and a Port'settled
upon Ocacock Island this Province will soon be in good repute, I have
made it my Business for several years past to study and promote the
welfare of this Country and if I am so happy as to obtain what I have
desired in relation to the takeing up lands and settling a Port on Ocacock
Island I shall in a few years be able to give a good account of the Prov-
ince his Majesty has honoured me with the care of Governing.

I am, my Lord Duke

with all Duty and submission, your Grace's

most humble, most obedient and most devoted servant

GEO: BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 14.]

A SCHEDULE OF THE PAPERS TO BE DELIVERED TO
THE LORDS OF TRADE AND PLANTATION.

Drafts of a Bill to ascertain Fees and Quit Rents.
Part of a controversy in writing to be read after The Council Journal.
The Journal of the Council
Journal of the Upper House
Journal of the Lower House.
Pretend Laws of 29.
Laws of North Carolina.

A list of the Pattents granted by Sir Richard Everard afl«r the King's
Purchase.

My Report and letter to the Board of Trade.

[B. P. R. O. North Carolina. B. T. Vol. 8. p. 1.]

North Carolina.

These may oertifye that Robert Foster Grent: who hath attested the
copys of the Council Journals, and the Journals of the Upper House
of Assembly, is Deputy Secretary of this Province and Clerk of the
Upi)er House of Assembly. That Ayliffe Williams Gent: who hath
attested the Journals of the Hous<» of Burgesses, and the several Papers

COLONIAL RECORDS. 167

relating to the proceedings of that House is Clerk of the said House of
Burgesses, and that full faith and credit is and ought to be given to such
their Attestations.

I do also hereby certify e that the several copies of the Laws hereunto
annexed with the aforesaid Journals and proceedings are true Copys from
the Originals carefully examined by me.

In Testimony whereof I have hereunto set my hand and caused the
Seal of Colony to be affixed, this second day of July in the fifth year
of His Majesty's reign Annoque Domini 1731

GEO. BURRINGTON

[B. P. R. O. North Caboliha. B. T. Vol. 8. p. 33]

A BILL FOR AN ACT ENTITULED AN ACT TO REGU-
LATE AND ASCERTAIN THE PAYMENT OF QUIT
RENTS & FEES OF THE OFFICERS OF THIS GOVERN-
MENT.

This was the second Draft of the Bill about the Fees and Quit Rents
which the House declared was the furtherst they would go in the matter
& the Council declared they would not consent to it. Bills at 160. 1^ cent
being not near the value in Proclamation money, and to this New Draft
I objected that the Ix)wer House in their last Amendments to the first
Draft engaged to allow the table of Fees as they formerly stood but
instead of that they now make a new regulation of them that reduces
several of the Fees from what by law they had been established at as
may be seen by comparing this with the Tables of Fees in the Acts of
Assembly, & I further declared that the statem^ in this last draft of the
Bill of Tobacco and rice for the payment of His Majesty^s Quit Rents,
and the suspending the payment of the Quit Rent so long was what I could
not presume to allow off as will be seen more at large in the Journal :
Had they valued the tobacco & rice at an equivalent & I had been per-
mitted by the Instructions I should not have been induced to allow the
payment of Quit Rents in those Comoditys because we have yet no Acts
to regulate the makeing of them good and merchantable and\till then
any Trash might have been put upon the Receiver without remedy.

The King's Most excellent Majesty as a Mark of His Royal Bounty
and Fatherly indulgence to the Inhabitants of this Province having been
graciously pleas'd to signify his pleasure to remit all arrears of Quit

158 COLONIAL RECORDS.

Rents due from such Persons holding lands in this Province as had not
paid the same on or before His Majesty's purchasing the sovereignty of this
Province which was the 25"* day of July 1729, and His Majesty having
allso signified His pleasure that in the same Act to be pass'd for remit-
ting the said Arrears all Persons should be obliged to register their
Grants whereby they claim lands in the Office of His Auditor Greneral
or Deputy, and that the Quit Rents reserved upon such Grants respect-
ively shall hereafter Ikj paid in Proclamation Money and Fees payable
to all Officers in this Government likewise to be paid in Proclamation
Money.

Be it Enacted by His Excellency the Governor Council and General
Assembly of North Carolina

That all and every His Majesty's subjects of this His Province of North
Carolina shall be and are hereby acquitted, released and discharged
against the King's Majesty His Heirs and Successors and every of them
of and from all rents and arrears of rents which were due & owing to
His Majesty the 25*^ day of July in the year of Our Lord 1729.

And for the better ascertaining the Quit Rents due and payable here-
after to His Majesty His Heirs & Successors Be it Enacted by the au-
thority aforesaid that all and every person and persons whatsoever here-
after taking up Lands in this Province shall within after his receiving
any Grant for Lands out of the Secretary's Office tender the same Grant
to the Auditor of this Province or his Deputy that it may be registered
in the Auditor's Office under the penalty of and that the said Auditor
be oblig'd to keep a Deputy in every Precinct in this Province

And Be it further enacted by the Authority aforesaid that for the fiiture
the Quit Rents that shall become due to His Majesty his heirs and suc-
cessors by virtue of any Grant from the late Lords Proprietors, or by
virtue of any Grant to be issued in this Province by His Majesty's Gov-
ernor in Chief or Lieutenant Gov' the same shall be paid in Proclamation
Money as mentioned in an act of Parliament made in the sixth year of
the Reign of Queen Anne Entituled an Act for ascertaining the rates of
foreign Coins in Her Majesty's Plantations in America, or in such equiva-
lent as is hereafter in this Act mentioned.

And be it Enacted by the Authority aforesaid that none of the Officers
or other persons that now do or hereafter shall belong to or officiate in
any of the Offices or Imployments in this Act mentioned and expressed
either by themselves, Deputys, Clerks or servants shall after Publication
hereof n^lect, refuse or delay to give due dispatch to the business of their
respective Office for want of immediate payment when required by any

CX)LONIAL RECORDS. 159

Freeholder or receive or take directly or indirectly any other Fee or larger
summ than in this Act directed for dispatch of business in their respective
Offices or any other pretence whatsoever under penalty of forfeiting and
paying the summ of fifety Pounds Proclamation money or Commoditys
or Bills of this Province to the value thereof according to the rates or
allowance in this Act ascertained, the one Moyety thereof to be paid to
the Publick Treasurer for the time being and for the use of this Province
and the other moiety to him or them that shall inform or sue for the same
in any Court of Common Pleas in this Province and the Party grieved
left to his Action at Common Law to recover his Damage on such Officer
or Officers for such his Offence. And the said Officer shall further losse
his or their Office or Offices, Imployment or Imployments.

And Be it further Enacted by the authority aforesaid that every pub-
lick Officer in this Grovernment that shall have, take or demand any Fees
in this Government from any Person or Persons whatsoever such Officer
so taking or demanding shall be obliged immediately (if ask'd) or thereto
required) to make out a ticket of the several Articles of such his Fees so
taken, received or deoianded and subscribe his name thereto and deliver
the same to any person or persons from whom su(?h Fees shall be taken,
received or demanded under the penalty of Poimds one half to the
Church Wardens & Vestry for the use of the Parish where such Officer
shall reside, the other half to him that shall sue for the same, to be
recovered by Action of Debt, Bill, Plaint or Information in any Court
of Record in this Government wherein no essoign, Protection or Wager
of Law shall be allowed or admitted of.

Provided that if the Person injured doth not complain or prosecute
within one month after such offence shall be committed any other Person
may complain or prosecute the Offendor — Provided it be done within
eighteen months. ^

And be it enacted by the authority aforesaid that the respective
Officers belonging to the Offices hereafter mentioned do forthwith after
Publication hereof cause their Fees with the prises thereof according as
they are in this Act sett down to be fairly ingrossed and set up in a
Publick Place where their Offices are kept & the business belonging to
the said Office is done and not to be from thence at any time under the
penalty of forfeiting and paying the summ of ten pounds Proclamation
Money or Commoditys or Current Bills of this Province to the value
thereof according to the Rates or Allowances in this Act ascertained the
one Moiety to be paid to the Treasurer for the time being for the use of
the Province and the other moiety to him or them that shall informe or
sue for the same in any Court of Common Pleas in this Government.

160 (X)LONIAL RECX)RDS.

Provided luformation be made within six months after such Offence
shall be committed, and also the Clerks of the several Courts of this
Government are hereby directed and required to keep a list of all Fees
contained in this Act respecting their several Courts set up in some Pub-
lick Place in their respective Court Houses, and there constantly kept
during the sitting of the Courts, under the like penalty.

And Be it Enacted by the authority aforesaid that every Officer here-
after mentioned who shall make out an exact account or list of his Fees
and shall attest the same upon Oath before some Magistrate to be justly
due and agreable to the following table and shall deliver the same to the
Provost Marshall or His Deputy where such Fees shall become due on
or before the 14*** day of December yearly, that then and in such case
the Provost Marshall or his Deputy shall and they are hereby obliged to
collect, receive and pay the same at the rate of Tenn ^ cent. And Be
it Enacted by the authority aforesaid that if any person or persons shall
refuse to pay the said Marshall or his Deputy all such Fees as are or
shall become due to the several and respective Officers so attested &
delivered as aforesaid, that then and in such case it shall and may be
lawfidl for the said Marshall or his Deputy at any time betwixt the 15*^
day of December and the last day of March yearly to levy the same by
way of Distress and sale of the Goods of every Person so refusing.

GOVERNORS FEES.

£. s. d.

For a Mariage Licence 10.

For every Testimonial — Coll: Seal 10.
For ordinary keepers licence 1.

For the Master's report of every forreign Vessell. 15. 6.

For signing Prol)ats of Wills 10.

For signing letter of Administration 10.

For signing a Roister of an open Vessell 5.

For If deckt Vessell 10.

For Letters Patents of Deraigation 10.

For signing Writ of Escheat 10.

For a Pass People going out of the Country 5.

For Every elaps'd and Escheat Patent 10.

For Injunction in Chancery 5.

For Difinitive Decree thereof 5.

COLLECTORS FEES

For entring and clearing forreign Vessells all Fees included

except such as are hereafter mentioned 12. 6.

COLONIAL RE(X)RD8.

l«i

For entring & clearing open Vessells of the Country.

For entring and clearing dockt Vessells of the Country.

For granting and recording a Register

For Certificate on exchange of a Master

For Certificate of enumerated goods.

For Certificate for the Bounty & Oath

For recording a Certificate for cancelling enumerated Bonds

For Permit from one District to another Open Vessells and

Periag"

Deckt Vessells

NAVAL OFFICERS FEES.

For entring & clearing forreign Vessells

For every Vessell belonging to the Country if open
if deckt

For Bond not to carry People out without Licence

For Certificate for the Bounty

For every other Certificate

For filing the Certificate to discharge the enumerated & can-
celling the same

For enumerated Bond

cx)Mptroler'8 fees.

chief justices fees
For a Writ

For Filing a Declaration, Plea or Warrant of Attorney

For Copy of a Plea attested

For a subpena

For a Retraxit

For a Scire Facias

For entring Judgment in respite

For entring every rule of Court

For the Venire for every action that goes to the jury

For swearing every evidence

For writeing every deposition in any Criminal Cause to be
paid by the party convict.

For administring the oath & signing & endorsing the Certifi-
cate to the deposition

For reading a Bond or other Paper

For a writ of Enquiry

For entring an Action in the Judges book that goes to the Jury
21

£.

s.

d.

2.

6.

5.

7.

6.

U

2.

6.

it

2

6

ii

4

U

2.

6.

u

2.

n

4

ii

7.

6.

ii

2.

6

ii

5.

ii

2

6.

ii

2

6

ii

1,

3.

ii

2

6

a

2

6

a

3,

a

3.

ii

2

6

a

1.

ii

1

a

1.

3

a

2

6.

a

1.

a

n

9.

ii

1

6.

a

«

6.

ii

1.

ii

ii

ii

1.

ii

2.

ii

3.

6.

6.

162

COLONIAL RECORDS.

For Execution

For every special Court and attendance thereon.

For searching every Record of the Court

For entring satisfaction

For Copy of a Record attested

For the allowance of a writ of Error

For Bail taken before the Judge

For confessing Judgment

For admission of any Person to practice as an Attoniey in

Court
For filing the writ returnM by the Marshall
For filing a Bail Bond or other writeing
For a Bond from him who sueth by Ijetter of Attorney to

pay Cost and Damages if Cast
For a Replevin Bond
For giving Judgment on a special pleading if the Action be

above 50£
For giving Judgment under
For receiving & entring an Injunction
For the Judges book for every cause entred to be try'd that

Court if above tenn pounds
If under tenn j>ound8
For return of a («rtiorarv.
For every acknowledgm* or proof of a Deed, Ijease or other

Conveyance and for endorsing the acknowledgm* & proof

thereof
For signing a Testimonial of a woman's examination and

renouncing her right of Dower
For acknowledging and proving a letter of Attorney & for

all Fees incident thereto
For docketing every Appeal from the Precinct Court.
For a Dedimus to examine witnesses
For every recognizance taken in open Court for the Chief

Justice & Clerk of the General Court.
For taxing Bill of Cost.

secretary's fees.

For making out and recording a Patent for 640 acres and

under " 9. 2.

For making out & recording a Patent above 640 ac: " 15.

£.

8.

d.

H

2

6

1.

u

1.

u

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5.

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1

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6.

COLONIAL RECORDS. 163

£. s. d.
For making out a warrant to the Surveyor General for run-

ing out of Land " 5.

For recording the Surveyors return "1.

For recording the assignment of a warrant " 1.

For a Copy of a single Patent " 2 6.

For a Copy of a Bubble Patent " 3.

For Probate of a Will recording the same " 5.

For Commission of Administration " 6.

For return of every Invetory & recording "26

For every search " 1.

For Commission of the Peace and Dedimus to be paid by the

Publick " 6.

For a Writ for election of Burgesses " 2.

For filing and recording every Inquisition of Escheat to be

paid out of the fine " 1.

For recording every Coroners inquest to be paid out of the

deceased Estate or out of the Publick Treasury.
For a Copy of a Will if required
For writeing a Testimonial
For a Copy of a Law

For a Supersedeas to be paid by the Person granting
For drawing a Bill of Indictment to be paid to the Clerk of

the Crown "2 6.

For Copy of an Information to be paid to the Clerk of the

Crown "26

For filing an Injunction " 1.

For Arreignment of Criminals to be paid to the Clerk of the

Arreignment " 1.

For I^etters of Demigation " 10.

For a Copy of a Bill of Indictment to be paid to the Clerk

of the Crown "26

SURVEYOR GENERALS PEES

For surveying one thousand acres & under 113 4

For every hundred above one thousand " 2.

PROVOST MARSHALI^ FEES

For an arrest and return thereof "24

For serving subpena or summons and return thereof " 2

For serving an Attachment, the same as for an Arrest and if
further trouble to be taxed by the Court.

u

2.

2

6.

2

6

1.

3.

2.

164

COLONIAL RECORDS.

For serving execution for 6£

For every pound above 5.

For summoning every Appraiser and Auditor or evidence to
any Deed, Will or other matter

For summoning and impanelling a Jury in every Cause

For serving a Declaration

For putting into the stocks

For Pillorying any person

For executing acondemn'd person

For Whiping

For Committment of a Criminal

For discharge of the same

For a Bail Bond

For summoning a Jury of Escheat, Survey, Writ of Dower
Partition, Writ of Enquiry for Damages in the Country
or Jury for view

For every day attendance on such Jury.

For return of such Jury's verdict if taken abroad

For every Procilamation for Outlawry

For executing every writ of Possession and Hal)eus Corpus
on Prohibition

For all Public services viz* for summoning His Maj- ^
esty's Council, Publication of Writs for Burgesses,
Impanelling Grand Jurys, Publishing all Proclama-
tions and causing them to be published in every Pre-
cinct for serving all publick orders of Court and other
publick services to be paid annually by the Publick
Treasury.

For serving every Subpeana to answer in Chancery.

For serving a Copy of a Bill in Chancery

For maintaining Debtors 1^ day

For maintaining every Criminal or Runaway N^roes and
servants.

CLERK OF THE CHANCERY's FEES.

For drawing a Bill in Chancery if drawn by the Clerk.

For filing the same

For a Copy of the same

For a Subpena for the Deffendant

For drawing an Answer if drawn by the Clerk

For filing the same

£.

S.

d.

U

5.

U

«

6.

ii

i(

10.

u

1.

u

u

8

«

1.

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2

10.

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1.

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1.

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5

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10.

u

3.

u

2.

u

2

6

((

2

6

on a

claim to

be allow'd.

u

2.

n

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1.

u u

6.

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5.

cc

1.

u

2

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2.

ii

5.

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6.

COLONIAL RECORDS.

165

For a Copy of the same
For every subpena for evidence
For Injunction or supersedeas in Chancery.
For Copy of the Proceedings
For entring up the Decree
For Calling and Dismission
, For drawing an affidavit
For entring & recording interogatories
For a Copy of the same
For drawing, filing & recording Replication
For Rejoinder Surrejoynder & Record

CLERKS FEES IN THE GENERAL AND PRECINCT COURTS

For Every Action

For Every Writ and Returne

For drawing every Declaration filing and Copy

For Demurer or Plea & filing the same

For every Didaraus Deposition & filing

For subpaena for evidence and filing the same

For Venire Facias and Recording

For recording the Pannel of the Jury and entring the

Jury's Verdict
For filing every Bill and Account
For administring an Oath
For calling every action
For every original Order of Court
For every Copy

For every Petition if drawn by the Clerk
For entring up every Judgment.
For searching the Records.
For every Summons.
For every Attachment and Return
For every Bond and recording
For proving & recording every power of Attorney
For Copy if required
For proving and acknowledging every Deed including the

Chief Justices Fees
For Copy of an Act of Assembly
For Scire Facias and Returne
For every execution and Returne

£. 8.

d.

" 2

6.

" 1

" 2

6.

" 2

6.

" 3

" 1.

" 1.

" 1.

6

" 1.

6.

" 1.

" 1.

ITS.
" 1.

" 2.

" 3

" 1.

" 1.

" 1

« «

4

" 1

« «

6.

(( (<

4

« (<

6.

" 1.

" 1.

" 1.

" 1.

" 1.

" 1.

« 2

" 2.

" 4

" 1.

" 2

6.

" 1.

« 2

6.

" 3.

166 COLONIAL RECORDS.

£.

s.

d.

1.

1.

U

6.

U

6.

u

4

For entriiig satisfaction on the record and every Retraxit

For every Discontinuance and Dismission of suit.

For every Continuance

For a Referrence or Imparlancy

For every Certificate for proving of Right

For Writ of Possession, Writ of Enquiry or Writ of seizin

for Dower " 3.

For proving a Will and Certificate thereof to the Secretary's

Office "26

For Order of Administration & Certificate thereof to the

Secretary's Office " 2 6.

For Administration Bonds.
For entring every appeal and returning the Proceedings to

the General Court.
For filing every warrant of Attorney
For ordinary Keepers rates
For recording every Mark or Brand

escheator's fees
For Inquisition and Returne 2. "

ATTORNEY OENERAL'S FEES.

u

2

u

2.

u

5.

u

U

u

1.

u

1.

For every Indictment, Information Bill found in the Gen-
eral Court. 2. 10.
For the same in the Precinct Court. " 5.

attorney's FEES

For every Cause in the Greneral Court
For The Precinct Court

PUBLICK register's FEES

For r^string Birth, Burial or Manage
For registring Conveyance
For Copy thereof

constable's FEES

For serving a warrant and Returne

For Every summons

For every execution

For an Attachment if served by the Constable

u

u

a

10.

u

5.

u

1.

((

2

6.

u

2

6.

u

2.

u

1.

u

2.

u

2.

COLONIAL RECORDS. 167

ADMIRALTY FEES.

In Case of seizure and Condemnation of Vessells for unlaw-
full trade or as prize 10£ to be divided among the officers
as follows, vizt.

-^ To the Judge
^ to the Roister
\ to the Advocate
^ to the Marshall
In case of open Vessells seamens Wages not exceeding 20£

to the Judge the first day.
For every other day

register's fees in the like case

For drawing the Lybel to be p* to the Advocate

For registring the same

For answer & register

For affidavit, Deposition and Oath the same as in the Court

of Chancery.
For a Decree
For a Copy
For Dismissing
For Continuance
For Citation
For summons for each evidence

Marshall's fees in the like case

Serving a Citation, seizing and return
Serving a Decree & return under 5. pounds.
For every pound above 5.

And whereas there is not in this Province Gold and Silver Coin suf-
ficient to answer one twentyeth part of the Quit Rents and Fees as men-
tioned in this Act Wherefore that a just equivalent may be settled Be it
Enacted by the authority aforesaid that the Quit rents that shall hereaf-
ter become due shall be payable either in Proclamation money as afore-
said or in tobacco at 11. shillings ^ hundred weight or rice at 12' 6* "^
hundred weight at the choice of the party owing the same and all Fees
which shall hereafter become due and payable by virtue of this Act, the
same shall be payable either in Proclamation Money or in such Com-
moditys according to the Rates mentioned in this Act. vizt.

£.

S.

d.

4

3

4

2

13

4

2.

10.

ii

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13

4

2

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1.

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1.

168 COLONIAL RECORDS.

Tobacco "^ hundred

Indian Corn "^ bushell

Wheat f bushell

Tallow Try'd '^ pound

Leather tann'd & uncur'd "^ jwund

Beaver & Otter skins "^ pound

Buck and Doe skias ^ pound

Feathers "^ pound

Tarr '^ barrell full gage

Pitch f barrell

Whale Oyl f barrell

Pork ^ barrell

Beef i barrell

Rice ^ hundred weight

Turpentine "^ barrell

And for want thereof in Paper currency at 150. ip. cent as the partys
obliged to pay the same shall think fitt. Provided that no Officer here-
after shall oblige payment of the said Com modi tys to he made but at con-
venient landings within the Precinct where they reside, and at such timen
as are by the laws appointed. ^

And that such persons who have not or cannot procure silver or gold
to pay the quit rents due to His Majesty may have convenient time to
make tobacco for such payments the season for making the same for this
present year being too fer gone.

Be it Enacted by the authority aforesaid that no Quit Rents shall be

demanded of any Person untill after the 10*"* day of October which shall

be in the year of our Lord 1732.

This is a true copy.

WILLIAMS Clk. G. Assembly.

£.

s.

d.

a

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it

2.

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4

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it

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4.

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[B. P. R. O. North Carolina. B. T. Vol, 8. p. 39.1

These Papers that appear as an appendix to the Journals or proceed-
ings of the Council were occasioned to be placed in this manner because
they were never read in Council, therefore could not be r^:ularly entred
being contrary to an Instniction. M' Ashe did not come to the Council

COLONIAL RECORDS. 169

that day tho' duly summoned, nor M' Smith the Chief Justice, nor M'
Porter Judge of Admiralty, Mr. Ashe entred the Council room in the
evening when I was considering the Chancery Bills in the Office with
these two Papers that I have answered and gave them to me, I read them
over and told him that the next morning I hoped the Members of Council
would meet and very civily desired his Company he ^l^lutely refused
to come and desired his Papers might be entered in the Council Joumul
I told him that could not be done without the Council met, I then told
him he should have an answer to his Papers in an hour, he very rudely
told me he would go out of town directly since which time I have never
seen nor heard anything from M' Ashe neither did he take any other leave
of me than is above related.

To His Excellency the Governor &c.

May it Please Your Excellency

Having read your Excellency's reply relating to the affairs of the
Assistants, occasioned by a Message from the Assembly we beg leave to
observe to you that you not only not opposed but concurred in the answer
to the Message of the Assembly. However if your Excellency (having
sufficient reasons) has altered your opinion we are so far from reflecting
on you therefore that we readyly joyn with you in thinking it better to
retract than obstinately to persist in error and we should with alacrity
we assure you (were we once (convinced) follow your example.

As to your Excellency's remark on our running into niceties and dis-
tinctions we say we think we made none but what were necessary. As
to the Question we asked relating t^ the Authority given to the Chief
Justice by the King's warrant we still say that if the Chief Justice
power IS not a sufficient Power without that of Assistants to hold a
Court, we cannot see how that Power (»n (as in His Majestie's said
Warrant) be called a full Power and Authority to hold such Court: as
to what your Excellency is pleased to say that we wisely observe; we
believe you mistake us what we observed was that all the inference which
could be made from His Majestie's 8*** Instruction was, that Assistants
were or might be, not saying what Assistants that perhaps they might
not be intended Assistants to the Chief Justice, but supposing they were,
we argued that no inference could be made from thence of their power
so as to define it neither can we think our doubt, whether by Assistants,
there is meant Assistants to the Chief Justice is so extraordinary as you
represent it. And indeed we do not perfectly understand your Excel-
lency when you say the Instructions couple Judges, Assistants Justices
22

170 COLONIAL RECORDS.

&c the word Assistants stand severed from the rest by commas as do
the titles of the other Officers one from the other and by it are intended
distinct Officers for had it been only as an epithet or adjective to be affixed
either to Judge or Justices then in the Instruction would have been used
the word Assistant, not Assistants, and it would not by the Comma have
been severed from its proper substantive. We cannot see how the 45.
Instruction affects your Excellency in the present case for allowing
(which we do not) that the investing the Chief Justice with this Power
was erecting a new Court or dissolving one already established yet the
investing him with such Power is not an Act of your Excellency's but
of His Majesty, for it is from the King's Warrant he derives it and by
virtue thereof claims it.

That there have been Assistants in the General Court we deny not but
we cannot grant that Assistants have a Judicial Power equal to associate
Judges, the very word seems to imply the contrary. We cannot here
help thinking that your Excellency mistakes our words when telling us
. that we seem to recede from what we had said, we allow that there should
be assistants to informc and advise the Chief Justice as Master in Chan-
cery, whereas we said no such thing speaking indeed of the sence in which
the word Assistant was generally taken when apply 'd to an Officer of a
Court we said it was to inform and advise, without having any judicial
Power of which we gave an Instance Vizt. of the Masters of Chancery
who were wont to be stvled Assistants to the Chancelor, but we never
said or meant that Assistants were to advise the Chief Justice as Masters
in Chancerv.

We might ask your Excellency several Questions which ac^conling to
your Secret of the Assistants Power would be attended (as we think) with
difficulties as allowing an Assistant a Judicial Power how great it was?
how to be distinguished from that of the Chief Justice so as not to equall
it? if two Assistants were of the same opinion whither their united judg-
ments would not be superior to, and over rule that of the Chief Justice?
but as we liave given our thoughts we are unwilling to proceed any fur-
ther or raise new matter We shall only add as seeming to support our
opinion the practice formerly in South Carolina where (we are well
informed) the Chief Justice was wont to have the sole Judicial power in
the supream Court: how it is now we cannot say: but if this is not
thought a sufficient authority we b^ leave to referr your Excellency to
the thirty fourth & fifth of Henry VIII Cap. xxvi. by which statute it
was provided that one Person should not only be Judge of one Court but
I of several bv Turns and those too in the Common Law so tliat we cannot

COLONIAL RECORDS. 171

couceive that such Establishment is contrary to the nature of such Court
nor to the Constitution of the Laws of England, but since your Excel-
lency by your Reply seems fully resolved we shall desist without adding

anything further on this subject

JN. BAF* ASHE

CORN- HARNETT.

To His Excellency the Governor &c.

May it please your ExcELLENcri'

I declare that for my part I could have wished (had not your Excel-
lency insisted on the contrary) to have avoided this method of debating
matter of Council in writing because it generally tends rather to prolong
debates than to shorten or bring them to a final Issue.

I believe if your Excellency will be pleased to recollect you may
rememl)er you not only gave your opinion in the affair relating to the
evidence of the late Council against Sir Richard Everard but also your
Resolution as to my evasive answers your Excellency only accuses me
only in general Terms without pointing out any particulars so that I
shall decline saying anything faither thereon, only than that if I used
too many words it was to shew the reasons induceing me, or to state the
matter in a clear light. I shall pass over the reflection your Excellency
is pleased to make of my want of Candour and Plainness; Indeed I
should now (without at all rejoyning) have acquiesced had not your
Excellency in this your reply as to the Bill of Rents &c. given the affair
such a turn, as might perhaps tend to my disadvantage. As your Excel-
lency has recommended to me plainness I hope you will not be displeased
with me if I now make use of it, when I say the reason or cause of my
Papers coming out of time was that your Excellency after having given
the Council a day to consider of & answer your Quaery relating to the
Bill concerning Rents and Fees on that very day in the morning with-
out informing the Council of your design to prorogue the Assembly
(unless at the instant you sent for them) you sent for the Lower House
to Prorogue them on which desiring only a few minutes time to tran-
si^ribe my answer from the rough miimtes, I offered to put it in, but that
you should not stay the Prorogation : what indeed made me so solicitous
to put in that answer, was the great desire I had of promoting His
Majesty's service and the Country^s interest, and the reason why I pre-
ferred it aft^erwards was (as your Qucery was entered on the Journal of
tiie Council) to shew that I had not been backward or negligent in giving
my answer (which I looked on as my Duty) in due time, or at least at

172 COLONIAL RECX)RDS.

the given time: These my reasons for acting in this affair as I have
done being (I think) very just, I am surprized that you are pleased to
accuse me of being very particular, and of not the fairest dealing herein :
As my proposalls (tho' made some of them by word of mouth before
the last reading of the Bill) will be now of no use, the matter being over,
I shall forbear (tho' I could) to expatiate in their vindication : Let them
who read them judge of their reasonableness.

If in this or any other of my Pai)ers any indecent or misbecoming
expression may have escaped my pen, I must b^ you'l not impute it to
design : for I assure you I shall always strive to behave myself to your
Excellency with great respect & good manners.

JOHN BAP*» ASHE.

To M' Ashe & M' Harnett Members of Council

Gentlemen,

I have your Paper of yesterday, I never intended this tedious debate
when I put three short Quserys fairly stated in writing that I might obtain
as ])lain an answer to them, but you ran into a long dispute upon it, which
I complained of to you and now to mend the matter you have run it into
further niceties that only perplex it the more ; as to the Assistant Judges
you say the 8*** Instruction does inferr there should be Assistants, but then
you seem at a strange loss what they should l)e, and go on to observe what
perhaps it might not intend, and you add that their Power is not defined
and from thence you are making out your argument that they have no
Power, for that is what you are contending for and at last you are drove
to the refiige of a comma in the writing and an adjective that might have
been, and raise such distinctions upon it as the Comon sence of the mat-
ter seems quite lost, for my part I think it sufficient to take the plain
sence of things If the Instructions do do not define the Power of As-
sistants it no ways restrains them, and then it must be taken according to
their usual Power and as the Chief Justice is usually called (by way of
Eminence) the Judge so the other Justices of the (Jeneral Court are
usually called Assistants or Assistant Judges, and there are no other per-
sons in the Government but they who are so called so that I cannot imagine
why all this cloud of Difficulties is raised to find out who, or what is
meant by Assistants, or to what purpose it is unless purely to perplex the
matter to argue what the word might or could mean, and their Power
might be easily known from the constant usage here, if the enquiry was
fairly made iastead of running divisions and nuiltiplying arguments u]K>n
it. And as the Greneral Court here hath constantly consisted of the Chief

COLONIAL KECORDS. 173

Jiiijtice and Assistants, I am persuaded the allowing the Chief Justice to
be sole Judge of the Court now would be establishing a new sort of a
Greneral Court and destroying the old form and so is directly against my
45'** Instruction and it's but a weak sliifting it off to say it would not be
my breaking the Instruction since it's owing to the King^s own Warrant
tliat grants the Chief Justice full Power &c. but as that mentions nothing
of the Assistants, and my instructions from the King do not define their
Power as you say I think my allowing that they have no judicial Power
as you hold would be to make it a new sort of a Court, and plainly
against the 45*^ Instruction as well as against the Nature of a settled
supream Court of Common Pleas. And I am really at a loss to what
purpose you referr me to the 34 or 35*** of Henry the 8*** that appoints an
Itinerant Judge for the Sessions in several Counties in Wales unless you
could produce some Act for a single Judge of the General Court here, or
usage, or custom for it. Indeed you give me one example from South
Carolina but you would have done well to have remembred that the com-
plaint against that Judge unr^arded by the Proprietors was one of the
principal reasons the People gave to justify tlieir taking up armes and
throwing off the Lords Government. As to the King's Warrant which
not withstanding what has been said you still insist on, that grants the
Chief Justice full pawer of holding the Courts and you say if the Chief
Justice's })ower is not sufficient without the Assistants how can it be called
a full Power?

I think when you were in tliis way of disputing you might have gone
a step further and said since the Chief Justice has full Power to hear
and determine all causes and no mention is made of Juries, therefore he
may hear and determine them without Juries for to use your own aigu-
ment, if his Power to hear and determine causes is not sufficient without
a Jury, how can it be called a full Power to hear and determine causes?

And here I shall leave it having I think said sufficient to convince
you that your Paper is very triffling and only a Quibble upon words.

GEO: BURRINGTON

N. Carolina

The 22^ May 1731.

M' AsiiE,

I have your single Paper of the 21** of May in which you say in the
affair of Sir Richard Everanl I not only gave my opinion but my reso-
lution I rcMnember I told you that upon His Majesty's Instruction

174 CX)LONIAL RECORDS.

requiriug me to examine intx) the Complaint against him, I should ac't in
it as my own Conscience and Judgment diixxled, but at the same time
desired the opinion of tlie Council which had it been candidly given
would have had great weight with me.

As to what you hslv al)out you giving me your j)ai>er concerning the
Bill for Fees and Quit Rents after the Assembly was prorogued, I am
at a lass to know what you mean by a given time, and it's lx?ing ready
against the day appointed for receiving it, but that on that very day in
the morning 1 prorogcd the Assembly insinuating that I prorogued the
Assembly on a sudden and by surprise which is a very false? suggestion
because M' Ashe knows very well the contrary, nor do I remember I
fixt any day or time for the Council to give me their advice about the
Quit Rents when I demanded in writing their opinion upon it, but I
expecteil at least on the Conlerence with the Lower House a day or two
after upon that Subject that the Council wouKl have assisted me with
their advice being obliged by their oath so to do, I several times put it
to the Board at the conference, if they had anything to offer upon it,
but the whole debate was left to me. Some in the Council indeed declared
they woidd not concurr with the Bill in allowing the Fees should be
paid in Bill money at 150. '^ cent, which the Ijower House after the
Conference was over came to a final resolution to advance no further
upon, and when I found that was their ulltimate and observing the secret
Practiseing and Designs set on f(x>t by yoursi»lf and others, I found it
necessary to put an end to the Session, which M' Ashe knew was expected
on the Saturday before, but I continueil them till noonday, and in
all that time M' Ashe who was several times with me in private and
Publick esjxxiially the morning l)efore the Prorogation, might if he had
been so pleased, have a(X|uainted me with this Paper he had or was
about, but that was not the only Instance of shyness and reservedness M'
Ashe used on this and other Occasions. However since you say your
Proposals in the Paper were for His Majestie's scTvice and the good of
the Country, which if really so c^n never be out of time with me.

I shall only desire M' Ashe to consider whither it be for His Majesties
Service that the Quit Rents should be receivwl in Rice and Tobacco at
11. shillings "^ hundreil that we all knovy is farr alnn'e their real worth
in Proclamation money which His Majesty has graciously condescended
they should Ikj n^ceiveil in the place of sterling which is due to him,
thereby giving away to the Peo])le one fourth of His Rents, and whither
it 1)0 for the Good of the Countrj^ to run int4) Parties, l)eget misunder-
standings and secretly to disaflect PcH>ple to the Government and so keep

COLONIAL RECORDS. 175

things in suspense and confasion instead of concurring openly and hear-
tily with me, who have always been your sincere friend, in settling things
in the best manner for the Country and most agreable to His Majestie's
Instructions, which I shall still go on to pursue tho' I have not the Pleas-
ure of that Assistance I thought I had reason to expect from you, espe-
cially, tho' I find myself deceived. For the designs against me are not
unseen & I perceive I am to have all the diiBculties that can be thrown
in my way, but as I have acted steadily for His Majestie's service and
the Good of the Country which are my constant Aims, I am sure those
who with such Artifices oppose me whatever popular or specious pretences
they may make will in the end be found far from being good Subjects to
the King, or True Friends to this their Country which I can truly say
no one man in it has done more for or wishes it better than

GEO: BURRINGTON

N. Carolina.

The 22* of May 1731.

The within is true Copies from the Originalls lodged in the Secretary's

Office & examined by

ROBT. FORSTER Deputy Secretary.

[B. B. R. O. North Carolina. B. T. Vol. 8. p. 189.]

These following are the Acts that were past in November 1729 after
the King had purchased the Government of the I^ords Proprietors, about
the Validity of which Laws there has been 8U(»h debates viz* Whither
they had then any Power of making Laws in the Name of the Palatine
& Lords Propriet<jrs of Carolina where there was none such they having
before surrendered. And whither such Acts as affected the Publick
Rights an<l Dues of the Proprietors could be of any force without being
approved at home, the Government here having been restrained in such
Cases by the Powers granted them for making Laws by the Late Lords
Proprietors but this hath been fully set forth in the Journalls & my
Report.

An Act for the making and emitting the Summ of forty thousand
pounds Publick Bills of Credit of North Carolina.

Ah Act for the more quiet settling the Bounds of the Mehorin In-
dians Lands.

176 CX)IX)NIAL RFXX)RDS.

An Act to make Hyde Precinct separate from Beaufort Precinct with
power of erecting a Court house and holding Courts.

An Act to appoint that part of Albemarle County lyeing on the south
side of Albemarle Sound & Mooratuck River as high as the Rain bow
banks to be a Precinct by the name of Tyrrell precinct.

An Additional Act of explanation to an Act for appointing Tole Books
and for preventing People from driving Horses, Cattle or Hoggs to
other Persons Lands.

An Act for the more eflFectual and speedy putting in cxetjution the A(t
for settling the Title and Bounds of Peoples Lands.

An Act to confirm Bath Town Common.

An Act to repeal the Act entitulwl an Act for encouragement of Tan-
ning Leather in this Province.

An Additional Act to the Act for the Tryall of small and mean Caitses.

An Act for r^ulating Vestrys in this Government and for the better
inspecting the Vestrymen and Church Wardens Accounts of each and
every Parish within this Government.

An Act to reflate the Act for api)ointing indiflFerent Jurymen, and to
repeal that Part thereof that referrs to Precinct Courts.

THE SIX CONFIRMED LAW^S.

These Laws following called the Confirmed Laws had been out of use
and lost for alx)ve 20 years when upon a revival of the whole b<xly of
Ijaws in 1715 an old copy was produced and transcribed into the Law
B<K>k the original of them are entirely last and they are become quite
obsolete.

An Act (concerning Marriages.
An Act transferring of Rights

An Act concerning the defraying the charge of the (iovernor & Councill
An Act prohibiting Strangers trading with the Indians
An Act for tlie speeily settlement of I^ands

An Act concerning Escheat I>ands and Escheators

This is a verv old I>aw and not altered at the revisal in 1715. I
am told that there are laws of this kind in most of His Maj*^'* Colonies
But whither two pence ^ acre will be thought for the future a Comp-
sition sufficient is submitted. The Law otlienvise being very fittfor the
Purpose.

COLONIAL RECORDS. 177

An act for the more effectual preserving the Queen's Peace and estab-
lishing a good and lasting foundation of Government in North Caro-
lina.

This was a Law after there had been Comotions in the Country and
People in Arnies which was called Cary's Rel)ellion and after the Gov-
ernment was settled this Act was made for securing the same and by the
manner of wonling of it referring to the then present Government estab-
lished, hath been held by some to be a I^aw made for that time only but
by being confirmed in 1715, And having been put in practice several
times since It should seem to be the better received Opinion that it is
sitll in force and in so turbulent a Place is a I^aw not ill suited for the
purpose, and that part of it declaratory of the Laws of England being
in force here seems well Provided.

An Act to r^ulate divers abuses in the taking up of Lands and to ascer-
tain the method to be observed from henceforward in taking up & sur-
veying of Lands.

This Ijaw was generally called the Lapse Act, and indeed that part of
the Law w°** directs how I^ands to be lapsed for want of the Lords Pro-
prietors purchase l)eing paid is the only material part of it But is sin(«
His Majesty's Purchase entirely out of use. The other Part of this
Law which directs the manner of takeing up and surveying Lands was
the Antieut custom & manner of doing it, & was found so gixxl a method
that about the year 1713. it was established by this Law.

An Act for raising the summ of twenty four thousand Pouuds in Pub-
lick Bills of Credit for paying the remaining Debt« of the Government
and for sinking the remaining part of the sum of Twelve thousand
Pounds publick Bills of Credit with two years Interest.

Be it enacted &c.

And it is hereby enacted by the authority of the same that Collo:
Cristopher Gale, Collo. Edward Moseley, Tobias Knight and Daniel
Richardson Esq" are hereby appointed and impowered to make out Pub-
lick Bills of Credit to the value of twenty four thousand Pounds in
manner following That is to say three hundred of twenty pounds, three
hundred of fifteen pounds, four hundred and eighty of ten pounds, four
hundred and fifty of five pounds, three hundred of three pouuds, three
thousand of twenty shillings, three thousand three hundred of ten shil-
lings, one hundred and fifty of eight shillings, three thousand of five shil-
lings and seven hundred and twenty of two shillings and sixpence which
said publick Publick Bills shall be made without Interest on them or

23

178 COLONIAL RECORDS.

time of payment mentioned therein for which they shall be allowed, and
paid out of the Publick Treasure the sum of two hundred pounds which
Bills when made shall be signed by Christopher Gale, Edward Mosely,
Tobias Knight and Daniel Richardson who are hereby commissionated
thereto, and sealed with the Collony seal and then delivered into the
hands of Edward Mosely on or before the 25*** day of March next in
order that the said Edward Moseley may pay unto the Treasurer of each
Precinct the balance due to the Persons who have had claims allowed on
the same Precinct which he is hereby required and impowered to do.

And be it further Enacts by the authority aforesaid that all such
publick Bills of Credit as are now outstanding shall not receive or have
from the Publick or any other Person or Persons whatsoever any further
Interest than two years which will be compleat and ended the 25*** of
March next within six months after which time all Persons whatsoever
are required and commanded to exchange the same with the said Edward
Mosely for such Bills as are to be made by virtue of this Act The said
Edward Moseley or his Deputy being hereby empowered & required to
exchange the same and to allow two years Interest thereon.

And be it further Enacted by the authority aforesaid that all such
Persons who shall refuse or neglect to bring their Bills to be exchanged
before the 25"* of August next shall not have nor receive any Interest
on the said Bills, and such as shall refuse or n^Iect to change the same
Bills l)efore the 25"* of March 1716. the same shall adjudged, held &
taken to be of no value.

And be it further Enacted by the authority aforesaid that as often as
the said Edward Moseley or his Deputy shall have exchanged so many
of the said Bills of Credit as shall amount unto the sum of three hun-
dred pounds, the said Christopher Gale, Tobias Knight and Daniel
Richardson or any two of them are hereby required to examine the same
and having compared the same with the Counter part & taken an account
of them and entered them in a fair List to pass a receipt for the same
and publickly to burn them, for all which charge and trouble the said
Edward Moseley shall be allowed one ^ cent for changing the said
Bills.

And be it further Enacted by the authority aforesaid that the said
Bills shall be reckoned and taken to be a good payment and Tender in
Law for any of the rated Commodities of the Country or other Money
allowing 50. ^ cent l)etween the same and sterling, he or they so refusing
shall forfeit double the value of such Bills so refused, one half toward
defraying the contingent Charges of the Government and the other to

COLONIAL RECORDS. 179

him or them who shall sue for the same to be recovered by action of Debt
Bill Plaint or Informaoon in any Coui:t of Record in this Government
wherein no Essoin Protection Wager of Law or Injunction shall be
allowed or received.

And be it further Enacted by the Authority aforesaid that if any Per-
son or Persons shall counterfeit any of the said Bills or knowing any of
the said Bills to be false or counterfeit or any other aiding & assisting
him as well as the Utterer or Disposer of the Bill or Bills being thereof
duly convicted shall be punished as guilty of Felony without the benefit
of Clergie.

And be it further Enacted by the authority aforesaid that in case any
member of either house of Assembly shall hereafter make any mooon
which shall be judged by the House to which he belongs to be deroga-
tory and prejudicial to the publick Credit of the said Bills, such Mem-
ber of the Upper House shall be represented to the Proprietors as an
enemy to their Lordships Interest & Country and unworthy of their
Service and be suspended the Councill till their Ld^* pleasure be known
and fined the sum of twenty pounds for such his mooon and if a Mem-
ber of the Lower House he shall be expelled the house and fined the like
summ of twenty pounds and be forever after uncapable as serving as a
Member of the House the fines to be appropriated for the payment of
the Publick Charge.

And be it further Enacted by the authority aforesaid that for the faith-
full discharging of the Office of Treasurer the Treasurer of each Precinct
shall on or before the first day of February next give bond with good
and sufficient security in the sum of two thousand pounds, the said
Edward Moseley in the sum of twenty four thousand pounds to the
hon"* Charles Eden Esq" Governor his Heirs & Successors with the
condition for the faithfull performance of their severall Offices under the
penalty of one hundred pounds, for every month he or they shall con-
tinue to officiate without giving such Bond with Security to be levyed by
a Warrant from the Governor on the Goods and Chattels of such Person
or Persons neglecting to give such bond & security, to be appropriated
for and towards the defraying the Contingent Chaises of the Govern-
ment.

And l)e it further Enacted by the authority aforesaid That the Treas-
urer of each Precinct shall depute such Person to be Deputy Treasurer
in there Precinct as shall be nominated by the Justices of that Court so
as that the Number do not exceed Two.

180 ' CX)LONIAL RECORDS.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 15. p. 231.]

TITLES OF (THE 07) ACTS PASSED AT LITTLE RIVER
171f WITH GOV BURRINGTON'S REMARKS.

1. An Act for the better observing of the Lords Day called Sunday the

aO*** of January the 29^ of May and the 22** of Septemlxjr. And
al^o for the suppressing profaneness Immorality and divers other
vitious & enormous sins.
This Law is very well intended for the suppressing Vice and Immo-
rality but it is like most laws of this kind too little regarded.

2. An Act for establishing the Church and appointing Select Vestrys.
This Act not only confirms the Church of England here but divides

the Country into Parishes according to the Scituation & Conveniency.
Appoints Church Wardens and a Vestry in each Parish and investeth
them with Power, but as they allow them to raise a levy of but 5*** '^
Poll on the Parish sine* Bills are come into Payment it amounts to so
little as will sciin-e do more (after maintaining the Poor if any) than to
pay a Reader for reading the Common Prayer and a PrintiKl Sermon on
Sundays to the People but as to Gleebs & Collection of Parsons there is
so little of it that there is not a settled Parson in the Country. His
Majesty's Instruction on this head I laid before the Assembly but noth-
ing was done upon it.

3. An Act for Liberty of Conscience And that the solemn AiBrmation

of the People called (Quakers shall be acjcepted instead of an Oath

in the usual forme.
This was an old Law and little altered on the Revisal — And as to the
Affirmation of the Quakers they refuse taking it sincxi the Act of Parlia-
ment in Great Britain that gives them further lil)erty they have usually
taken the l)enefit iif that Act here and in all the Plantations

4. An Act relating to the Biennial! and other Assemblys and regulating

Elec^tions and Members.

This was an old Law taken from one of the Lords Proprietors Orig-
inal Constitutions and hath undergone little alteration.

This Act provides that the Burgesses chosen shall meet and sit at a
certain day after the choice Whence they have sometimes l)een of Opin-
ion that they could not l)e Prorogued or Disolved or Adjourned before
they had mett and sate. But there being a Clause in the Act that the
Lords Proprietors Power of calling Proroguing and Disolving Assem-

COLONIAL RECORDS. 181

blys shall no ways by this Act be Invade<l Limited or Restrained it
seems plainly to leave the Power of Prorogiieing and Desolving as before.

By this Act all Freemen are quallifyed to vote as well as Freeholders
which is Contrary to ray Instiaictions from his Majesty on that Head

Tlie People also by this Law assemble and chuse Burgesses on the
Day by the Act appointed without any writ for it which occasions a
great deal of Mobbing and tumults; and returns so often that u[>on the
whole I think it would be more for His Majesty's Service if this Act
was repealed & Assemblys called only by writs as in all other His
Maj'^*' Colonys.
6. Coroners Appointed

Til is is an antient Law and seems taken from one of the Lords Proprie-
tors Constitutions.

6. An Act for the qualification of such Officers.

This Act seeuLs well provided to pi*event any Persons disaffecteil to
His Majesty from being put into Offices here and is made agreable to
the Laws of Great Britain.

7. An Act to appoint Constables.

This has been an antient Law and the method found satisfactory &
agreable to the Purpose.

8. An Act relating to the Justices of the Court of Common Pleas and

to prevent tlie Commissioners and other inferior Officers of the said

Court pleading as Attorneys.
This has been an old Law and prohibits not only the Justices or Com-
missioners as they are called from Pleading or expounding the Causes,
but also all Officers of the Court, to prevent the occasion of mall prac-
tise.

9. An Act for asc^rting the time and method for the executing and

return of Originall VVritts and for the better regulating divers privi-

ledges in the Court of Pleas.
This Act in general seems well adapted to shorten the practice of the
Law, by preventing the necessity of several mean Processes that may
delay justice, but is not so clearly worded as it might have been, and is
in some Causes supply M by Constructions and Practise accordingly and
some other additional Acts have been made especially as to original
Attachments, which in this Country where there are so many loose tran-
sient People is found very necessary. This Act seems to require specjial
Bayl in all Cases which the Laws of England in many Cases does not.

182 COLONIAL RECORDS.

10. An Act to direct the method to be observed in the examination and

Committment of Criminalls.
This Act is intended in favour of the liberty of the Subject in crimi-
nal! Processes & seems well approved of by the People.

11. An Act concerning Evidences

This is an antient Ijaw and the Country well enough satisfyed with
the method — But there seems wanting a sufficient Provision for takeing
Depositions of People leaving the Country which often happens suddenly
to the Detriment of the Partys.

12. An Act for the relief of such Creditors whose Debtors having land

in this Government, depart without leaving personal Eijtate suffi-
cient to pay the Debt.
This Act subjecting the Lauds of fugitive Debtors to the payment of
their Debts, seems contrary to the I^aws and useages of England, but is
agreable to the Customs of the Plantations where real Estates are every-
were more or less subject to different useages fmm what they are in Eng-
land, and in this c^se one principal reason seems to be that Lands in
England being improved to a great yearly value may by the annual
income on an extent pay the Debt but Lands here are generally of little
yearly rent and the Benifit of them is the accruing Improvements of the
Occupyer which on extent in the end he must loose the Benifit off would
be too hard.

13. An Act concerning escajxis of Persons under Execution.

This Law was made before Goals was built in this Country but now
that Part relateing to the Marshalls House since Goals are built is become
obsolete.

14. An Act to direct the disposal of Goods upon execution and for the

better regulation of Distresses hereafter to be made for Levys and

Quit Rents.
This Law though the partiallity of the Appraisors often occasioned
great frauds, they had formerly the same Law in the neighbouring Gov-
ernment of Virginia but finding the corrupt practices upon it had brought
the method nearer to the Laws of England, and exposed the Goods seized,
to be under certain r^ulations exposed to sale.

15. An Act concerning Attorneys from forraign Parts and for giving pri-

ority to Country Debts.
This Act obliges all Forreigners suing here to give security for the Cost
&c. if cast and gives the Priority of Debts oontrac^l in the Country to
be paid before foreign debts.

COLONIAL RECORDS. 183

16. An Act conoeruing Appeals and Writts of Error.

This Law seenis well provided for redressing errors which are often
much sooner and better stop'd by appealing than oould be by writ of
Error at a distance and it would have been ilconvenient to have set aside
the Remedy by Writ of Error because the Appeal being always made
instantly boath Partys being present without further notice, and if that
were slip'd there would be no fiirther remedy to the Law hath very well
admitted remedy either way.

And now there is liberty of appealing by the King's Instructions from
the General Court to Me and Council, and in cases of Moment to the
King and Council that Point seems thoroughly provided for.

17. An Act to prevent the Inhabitants of Bath County bringing Actions

in the General Court against one another for less than tenn Pounds.
This is an Act for the Ease of the People living at distance from the
General Court and I have no Complaint against it.

18. An Act for the Tryall of small & mean Causes

This is a Law People are generally fond of being an expedicious way
of obtaining justice, and they have by subsequent Laws increased the
Power of the Justices to determine for above double the sum here stated.

19. An Act for the better r^ulating the Militia of this Government.
This Act was made during the Warr & seems well enough to Provide

for the Ends intended.

20. A Form of a Patent.

This Act was made to confirme the tenure of Lands here according to
the Grand Deed on the same footing as in Virginia the Rent at 2^ ^
hundred acres and ascertains what shall be deem'd seating and planting
according to the Condition of the Grant and tho' in strictness i mediately
on faylure of the condition should revert; yet by this Act it is saved
seven years after if the land be seated before it's granted to another by
an elaps'd Patent as they are called which by the Formallitys in elapsing
hitherto used renders it oft;en fruitless and greatly frustrates the Condi-
tion of the Patent.

21. An Act concerning old Titles of Lands and for the Limitation of

Actions and for avoiding Suite in Law.
By this Act Titles are confirmed by Passession 7 years and the time
for bringing Actions is limited to a shorter time than by the Statutes of
Limitation in England they were reduced to.

22. Feme Coverts how to pass Lands.

184 CX)LONlAL RECXJRDS.

/

23. All Act fi)r Preventing Dis|)ntes concerning Jjands already Sur-

veyed.
The allowance of Tenn in the hundred on a RcHurvey docs not seem
extravagant and jw J am told is the same in Virginia but that the Pat-
entee should have the surplusage Land prevents all dis<!overys of such
frauds But w>uld the Petitioner in such Case have the surplusage it
would discover many Concealments that way.

24. An Act for settling and maintaining Pillott** at Roanoke and Oacock

Inlctts.
This Act was well designed for the Encouragement of Trade but of
late years has l)een wholly neglected and tho' all Vessel Is pay such a sum
for powder money which ought to have l)een for Pilotage, the Publick
of late have taken no C-are about it. I design to settle Pilots at OcaCock
which is one of the best Inletts in the Country into a safe harbour, but
shoally afterwards; but large ships may come in there and unlade and
lade if siu^h a Regulation could Ix? made.

25. An Act for Entering of Vessells and to prevent the Exportation of

Debtors.
This Act is to prevent the exporting Debtors till they give security
for Payment of their Debts.

2G. An Act for raising a Publick Magazine of Ammunition uixiu the
Tonnage of all Vessells trading to this Government.
This Act is for raysing an Impost Duty on Tonage of Vessells which
is cH>nmionly ciilled the Powder money and tho' the Title of the Act is
for raysing a Magazine there is nothing further mentioned al)out it in the
Act nor is the money appropriat^nl by the Act, it is provided to be paid
in Anmiunition, But as lil)erty is given in the Act to pay it in Bills little
else but Bills has Ikjcu paid which the Receivers have constantly accounted
for to the Assembly. Formerly some part of it was appropriated to
Buoying out the Channels but that has been lat^jly wholly n(^lected and
the money has generally been appropriated to pay the Assembly Men
and other Publick Charges.

27. An Act concerning Roads and Ferrys.

This Act is well adapted to the Purpose and suitable to the circum-
stanc(}s of the Place and People but wants to be more effectually put in
execution.

28. An Act to encourage the building of Mills

• This was made to en(!ourage People to build Mills and settle the toll
to be taken

COLONIAL RECORDS. 185

29. An Act to appoint Publick Roisters and to direct the method to

be observed in conveying Lands, Goods and Chattels and for pre-
venting fraudulent Deeds and Mortgages
By this Act the People by votes chuse three Persons out of which the
Governor nominates one for Roister in each Precinct, who is to register
all Deeds and Conveyances of Land &c. and feofment of Lands so
recorded having first been proved before the Chief Justice or Precinct
Court are Good in Law to pass the Possession and Estate without Livery
and Seizen. Provided such Deed be recorded in a Year after date else
to be void This Roister is to record all Births, Burialls and Mariages.

30. An Act concerning Weights and Measures.

By this Act every Parish is to Provide sealed Weights and Measures
to be kept by the Church Wardens as a Standard.

31. Staple Comodities Rated.

This Act seems to have been well intended at first for the Ease of the
People to make a medium of Trade and means of Payment in the Pro-
duce of the Country, Silver being so scarce as not to be had ; But there
was two defects in it — One was that whatever Justness or equality was
at first in settling the Price or Rates a few years necessary in the course
of Trade varying the Price of Goods it must become unequal ; as for
instance Dear skins are to this day worth in Silver the Price rated while
Pitch and Tarr have been scarce worth a quarter part what they are rated
at in Silver, to prevent this the rates should have been regulated every
Assembly at least. Another inconveniency in it is the rateing so many
goods some of them being scarcely to be had, others too trifling to be called
staple Comoditys as the Title of the Act is and had much better been
confined to some few of the Commoditys, such as Tobacco, Rice, Pitch
and Tarr, Beef, Pork, Wheat and Corn, J;hose might justly be called
Staple and are the chief Produce of the Country Always vendable and
the greatest Merchandize. While the Rates are so unequal People gen-
erally take advantage to pay in the worst Commodity which often occa-
sions unfairness in Trade and Dealings; and the Fees and Publick Reve-
nues were sure to be be constantly paid in the worst kinde, had not People
a greater advantage still in paying in Bills that are worse than any of the
Comoditys. Indeed I am of opinion that if His Majesty is pleased to
allow their PuUlick Bills of Credit to subsist any rated Comoditys are
entirely useless and only serves to perplex strangers tradeing and gives
great opportunity for Frauds & Tricks in their Dealings.

24

186 CXiLONIAL RECORDS.

32. An Act to ascertain the time for Payment of Pork, Wheat and

Indian Corn.

33. An Act ascertaining the Grange of Barrels and to prevent frauds in

Pork, Beef, Pitch or Tarr.
This Act was intended to prevent frauds & abuses in Trade and the
Comoditys raised among us but hath in great Measure proved ineffectual
through the shortness of time d lowed and that Traders seldom care for
the trouble and inoonveniency if the Comodity be barely tolerable, and
the Act itself hath been very dificult in the Construction of the dabble
damages to the party, and the value to be forfeited or what to be done
with the Comodity, some of which ought to be condemned and burnt
others are of value though short perhaps in Quantity so that by one
means or other there is little care taken in it, and great discredit & dam*
age our Trade suffers by it which I think will not be suflBciently reme-
dy'd till searchers are appointed to seal & mark the goods and none to
pass without in Payment. But I doubt a due r^ulation in this or the
last Act about Staple Comoditys would not be easily obtained to pass an
Assembly here according to the present disposition I see in them.

34. An Act to appoint the marking of Horses, Cattle & Hogs, and to

prevent Injuries being done by killing mismarking driving away

or destroying Peoples Stocks.
This Act is for the benifit of the Inhabitants that let their stock run
at large in the Woods to prevent mistakes mismarking or taking from
one another and in such Case gives a Penalty instead of the bare dam-
age to be recovered, and on the other hand makes it but a Penal offence
instead of a criminal Prosecution for Fellony or otherwise which might
be to severe where st<x;k run so promis-cuously and mistakes so easily
made.

35. An Act appointing toll B(X)ks to be kept at or near Khatharine's

Creek in Chowan Precinct at the head of Pequimins Precinct
and at the mouth of the N® West River in (Uirrituck Precinct and
to prevent persons from transporting or driving Horses, Cattle or
Hogs to other Persons Lands.
This Act is to regulate Abuses by the borderers and Traders of Vir-
ginia but hath not been effectually put in execution and some further
Regulation therein seems necessary both in tradeing from Virginia and
to it but must be left to time.

36. What Fences are sufficient.
An Act concerning Fences.

CX)LONIAL aECX)RD8. 187

37. An Act concerning Servants & Slaves.

This law is found very benificial to People that have Servants and
Slaves, and is agreable to the Customs and Useages of other Places in
America.

38. Private Burials Prohibited

This is an old Act made when People were thinly inhabited but now
seems grown out of use

39. An Act concerning proving Wills and granting Letters of Adminis-

tration and to prevent frauds in the management of Intestates Es-
tates.
The Sulwtance of this Act seems to be taken from the Statutes of Eng-
land but there hath been found a necessity of additional Acts twice as
will be seen in their place.

40. An Act conceniing Orphans

The occasion of this Act was the Injustice used to Orphans that often
fell into hands that would obscurely bind them out or convey them away
and destroy what they had which was by this prevented.

41. An Act to encourage the destroying of Vermin

Repealed.

42. An Act to ascertain what Persons are tithables and to direct the

method to be observed in taking the Lists of them.
This is an antient Jjaw and the usual method for taking Lists for a
Pole tax in Publick or Parish Leveys and hath been found no ways iU-
convenient.

43. An Act for appointing a town in the County of Bath and for securing

the Publick Library l)elonging to S* Thomas's Parish in Pamptico.
This tho' a long Act only concerns a Town where little Improvements
have Ixjen made, and for securing a small Library that was too much
embezelled Ix^fore the Act was made.

44. An Act concerning Ordinary Keepers & Tipling Houses.

This is a very old Law, but that part of it which says that the Ordi-
nary Keeper is to take C^nt per Cent advance upon what Ijiquor he sels
is altered and the Pre(*inct Courts have Power from time to time to settle
their Rents upon all sorts of Liquor and Dyet.

45. An Act ascertaining the currency of Dollars.

The intent of this Law was to bring Dollars into the Country and to
make them current here, but it never had the eflFect.

188 COLONIAL RECORDS.

46. An Act ascertaining the Damage upon protested Bills of Exchange.
This is a Law copied from Virginia, & I think the Damage Given is

no ways unreasonable.

47. Public Letters how to be conveyed.

This Law was made during the Indian Warr when it was necessary
Publick Ijetters should have dispatcli but never answered the end and is
now entirely useless.

48. An Act to prevent the taking Boats, Cannoes and Pereanges from

Landings without leave.
This Law considering our scituation upon Rivers and Creeks and the
Disa|X)intment People meet withall in having their Boats and Cannoes
taken away is no way amiss.

49. An Act to ascertain Officers Foes.

This is the old I^w for Fees (except in some few Articles that were
altered in the year 1715.) when the Country was without Bills of Credit
and the rated Spa^ies was so low that it was full as gocxl as Proclamation
Money and ought all ways to have been kept to this Standard which is
fully observed upon in the Report.

50. An Act for restraining the Indians from molesting or injuring the

Inhabitants of this Government and for securing to the Indians the

Right and Pro})erty of their own Lands.
This Law has proved very cx)nvenient to prevent any irr^ularities and
misunderstandings with the Tributary Indians that live among us who
have ever since behaved ix?aceably and are now excepting the Tuscaroras
decayed and grown very inconsiderable.

51. Public Treasurers to give Account.

By this Act the Treasurers Ac. are obliged to account to the Assembly
for all Moneys received by authority of Assembly.

52. An Act for a Town on Roanoak Island.

This Project failed and the Act hath hitherto taken no effect, nor any
Prospet^t at present of it.

53. An Act for raising Corn to satisfy the Debt due fn>m this Govern-

ment to the Hon"* Charles Craven Esq" Governor of South Caro-
lina And for the Subsistance of such Forces as shall be raised for
the nec^cssarv Defence of the Frontiers of this Government.
This was a temporary Act to discharge a large Debt occasioned by the
Indian Warr for Assistants given this Country from Soutli Carolina.

CX)LONIAL RECX)RD8. 189

54. An Act for raising the sum of two thousand Pounds annually 'till

the Publick Debts are answered and paid, and for the better
encouraging the Currency of the Public Bills of Credit.
By this Act a tax was layd of 15'** ^ Poll for tithable and rateable
Persons and a land Tax of 2* 6** ip hundred acres and a Method taken
for a Rent Role at that time, tho' now the Assembly is so backward in
doing anything of the like Nature for a Rent Role to collect the Quit
Rents by which is so much wanted for His Majesty's Service And it's
well providtnl by this Act if Lands were concealed three years unpaid
and nothing to be found on the Land to levy, the Justices of the Precinct
Courts where the I^and lay had Power to sell so much of it as should
pay the dues thereon and charges This tax being intende<l as a sinking
Fund to call in the Bills & to lessien them 2000 ^ annum the publick
Faith was pledged not only for encouragement of Merchants & other
Traders to establish their Currency but to assure the Lords Proprietors
that they should in a few years be sunk & it was enacted that no new
Bills should afterwards be made nor this Tax lessened till all the Bills
were called in but this was afterward broke in upon & the taxes lessened
& new Bills emitted to the Apparent & continual loss of the Lords Pro-
prietors in their Revenue & their Officers who were pay'd in the Paper
Currency

55. An Act impowering Johanna Peterson Widow of Thomas Peterson

late of Albemarle County Escj" to make sale of certain Lands late
belonging to the said Thomas Peterson and to make other Pro-
vision for Anna the daughter of the said Thomas Peterson to
whom the said Lands do descend.
A private Act for sale of Land.

56. An Act confirming the Titles of sundry Persons who have already

or hereafter may purchase Lands of Col : Thomas Cary in Bath
County.
This Act to confirm some doubtful Titles of Land purchased by Col-
lonel Cary.

57. An Act for the confirmation of the Laws passed this Session of

Assembly and for repealing all former Laws not herein particularly

excepted.
This Act finishes the Revisal of the Laws in 1715 and having taken
out of the former Laws what was thought necessary or convenient they
made this to be the Body of Laws for the Government and repealed all
former Laws excepting some few by name expressed and all private Acts
&c. and a Method is prescribed for dispersing the Laws, and encourage-
ment given for printing of them but it was never effected.

190 COLONIAL RECX>RD8.

[B. P. R. R. O. North Carolina. B. T. Vol. 8. p. 366.]

TITLES OF ACTS WITH GOV BURRINGTON'S

REMARKS.

1. An Act for the lessening the Pole and Land Tax and preventing of

Conceal men t8.
This was the first publick breach of the Fnnds laid for sinking the
Bills but was soon repealed by another that made a greater Step.

2. An Act to confirm a De(»ree made in the Court of Chancery of this

Province upon a Bill of Compl* exhibited by William Duckenfield
Esq"
A Private Act.

3. An Additional Act to the Act intituled an Act for establishing the

Chuch and appointing select Vestrys.
An additional Act to the Vestry Ac4.

4. An Act in addition to the Act of making a Town at Queens Anns

Creek.
An additional Act for the Town of Edenton.

5. An additional Act to an Act intituled an Act concerning Ordinary

Keepers and Tipling Houses.
An additional Act concerning Ordinary Keepers.

6. An Act in explanation of an Act concerning Servants and Slaves.
An additional Act to the former al)out Servants and Slaves.

7. An act for a Road from Coare Pint in Pamplico to Newbern on Neuse

River.
Never comply M with.

8. An Act for making the sum of Twelve Thousand Pounds Publick

Bills of Cre<Ht for exchanging such of the Publick Bills of Credit

as are now current thereby U) render them the more us(»full io the

Government And for regulating the Taxes.

This Act lessened the Taxes so as little or nothing was after brought

in clear to sink the remainder of the Bills for when the I^aw in 1729

was made, that repealeil this Law and called in those Bills tho' seven

years after there was computed to be 10000<£ out to be changed and it

appears that was something short of the computation.

9. An Additional Act, to an Act entituled An Act ap|X)inting Tole

Books.
An addition to Toll Act.

COLONIAL RECORDS.

10. An Act for enlat^tng and euwuragemant of the Town called Eden-

toii til Chowan Pn^inct.
Another additional Act about Edenton.

11. An Act for incorporating the sea Port of Jfeaufort in Carteret

Precinct into a Township by the name of Beaufort.
ThiH Act 18 for making a Town at Beaiiford in Core Sound which tho'
a good Inlctt and convenient yet tlic Town hath had but little success &
scarce any inhabitants.

12. An Act appointing that part of Albeniarl« County lying on the we»t

side of Chowan river to be a Precinct by the name of Bartie Pre-
cinct.
An Act appointing Bertie Precinct, This is a very thriveing Place

which is ao much increased that there is talk already of a new division

in it.

13. An Act conwrning Fees and Oificers.

This won an additional Act to the former about Fee» and was the first
Establishment of Fees for a Chief Justice, which being done when Bills
were current is stated the highest of any Officer.

14. An Act appointing that part of the 8. W. parish of Chowan that

lyes on the South Shore and AligattT to be a distinct Parish by the
name of the south Parish of Chowan and for appointing Vestiy
men for the same Parish, .
An Act for dividing a Parish.

15. An Act for settling the Precinct Court and Court Houses.

Before this Act the Precinct Courfcj were held at divers Places which
was foun<l illcnnvenient and now reduced to a stated Place and Court
Houses erected.

16. An Act to provide indifferent Jurymen in all Causes Civill and

Cnminall.
This is oWrved upon in my Report,

17. An A<:t eutitiiled An additional Act relating to Biennial and other

Assemblys and r^ulating Elections and divers other things rela-
ting to Towns.
An additional Act about Town Elections'and Burgesses.

18. An Act for appropriating part of the Impost duty on Vessells or

powder money to beacon or buy out the Cliannells from Roanoake
and Ococock Inlets and severall other things to &cilitate the Trade
and Navigation in this Government.

192 CXiLONIAL RECORDS.

19. An Act being an additional Act to an Act entituled Staple Commod-

ity s rated.
This was an advancement of the rates of Commoditys many years
ailer the Fees and Quit Rents had been stated and allowed to be {mid in
Commoditys There was also other Commoditys added at a high valua-
tion, which was an apparent Injury to the Lords Officers & their Rev-
enue.

20. An Act for settling the Titles and bounds of Land.

This Act is called the Processioning Act and the substance of it is
taken from a Law in Virginia but it hath never been duly put in exe-
cution.

21. An Act for an additionall Tax on all free Negroes Mullattoes Mus-

tees, and such Persons male & female as now are or hereafter shall
be intermarried, with any such Persons resident in this Govern-
ment.
An Act about a Tax on free Ni^roes & Mullattoes.

'22. An act for the better ascertaining Naval 1 Officers and Collectors Fees.
This Act seems to make a better Provision than had been for the
naval Officer and Collector who were obliged hereby to take their Fees
in Bills al)out which there had been some Disputes. But at the same
time it was taking from the Governor a Fee of 22" 6** silver on every
Vessell that was l)efore allowed and by t^his Act re[)eakHl, which was farr
more than what they added now to the naval Officxjrs and was an appa-
rent Injury to suaeeding Governors, and could hardly have pass'd but
under a President that did not expect to hold it. It being the only Fee
a Governor had worth anything.

23. An Additionall Act to an Act intituled an Act for quallification of

Publick Officers.
This Act was made under a President, just before the arrivall of a
Governor and seems calculated purely to exclude any Persons from
Offic*e he might bring with him.

24. An Act for destroying Squirrells.

This Act is now repealed with all the I^aws against Vermin.

25. An Act for r^ulating Procieedings on Originall Attachments.
This is an addition and amendment on the former Law about originall

Attachments and is a good r^ulation.

COLONIAL RECORDS. 193

26. An Additional! Act to an Act entituled An Act concerning proving

Wills and granting Letters of Administration, and to prevent

frauds in management of Intestates Estates.
This was a Provision much wanted before, when Orphans Estates and
Creditors by undue appraisement had been much injured and great
Frauds and abuses about them That are well remedyed hereby.

27. An Act to restrain the keeping too great a number of Horses, and

Mares and for amending the Breeds.
An Act for mending the breed of Horses which are generally very
small in this Country.

28. An Act for enlargeing and Encouragement of the Town at the Island

of Koanoake now called Carteret.
This Act was to promote a settlement on Roanoake Island at the
mouth of Roanoake Inlett but never took effect so I can say but little to
it only if due care was taken for Pilotage and making good the Chan-
nel there it would encourage our Trade.

29. An Act for the better settling of the Town of Newbern in the

Precinct of Craven.
An Act for making a Town in Bath County on Neuse River, which
hath made but little Progress.

30. An Act to encourage the tanning of Leather in this Province since

repealed.

31. An Act for regulating Towns and Election of Burgesses.

This Act was made for r^ulating the Town Elections of Burgesses
there being three Towns in this Government that hath the privi ledge of
sending Burgesses and this Act was to adjust the manner of chuseing
them.

32. An Act to r^ulate Trade in Bath County, a Temporary Law Ex-

pired.
Expired.

33. An Act for encouraging and facilitating Navigation in this Province.
This Act was intended to make some Provision for a settlement at

Ocaaxik Inlett where large Vessells may safely come into good anchor-
ing and harbour but hath not taken effect for want of better encourage-
ment and further measures taken about it.

34. An Act to encourage destroying Vermin a Temporary Law expired.
Expired.

25

194 COLONIAL RECXiRDS.

35. All Act for enlargeing and confirming the Power of tlie Pretiinct

Court and to prevent Actions and Indictments of small value being
brought in the Greneral Court, a Temporary Law expired.
Expired.

36. An Act to appoint the North West part of Bartie Precinct a District

Parish by the name of the North West parish of Bartie Precinct
And for appointing Vestrymen for tlie said Parish, & to appoint
Commissioners in every Parish in this Government to call the
Churchwardens and Vestry to account for the Parish money by
them received.
This Act was to make a new Parish of the upper parts of Bertie Pre-
cinct which increases so fast that they b^in to talk of anotlier Division
and by this Act there was particular Commission" to be appointed in
each Parish for inspecting the Parish accounts on a pretence tliat there
had been some irregularities, but some Parishes not thinking it worth
while and where they were chosen none of the Commissioners having
detected any irr^ularities little came of it.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 19.]

COPY OF A LETTER FROM M' BYRD TO CAP: BUR-

RINGTON.

Virginia, the 20*^ of July 1731.
Sir,

I had the honour to receive your Excellcnc\'^s letter for which I return
you my humble thanks, J think by some samples I have known of that
Country it will c^ost a pretty deal of trouble to bring it into order and a
less spirit than yours will never l)eable to affet^t it, people accustomed to
live without law or gosple will with great Reluctance Submit to either.

It must be owned North Carolina is a very happy Country where
people may live with the least labour that they can in any part of the
world, and if the lower parts are moist and cwnseciuently a little unwhole-
some every where above Chowan, as far as I have seen, people may live
both in health and plenty. T'is the same I doubt not in all the uplands
in that Province but no place has so great a character for fertility and
beautv of stntuation, as the Haw old field which Ive on the North branch
of Cape Fear River and I fancy that is the very spot your Excellency
has chosen l)ecause it answers lx>th in distance and quantity to what you
say you have purchased.

COLONIAL RECORDS. 196

I should be very glad to follow so good a pattern as yours to make
such distant Lands profitable in my time, it is true the soil is good and
capable of bringing anything that the Climate will allow, but the labour
of transporting the fruits of our labour to a market or to navigation
makes all the difficulty however as our habitants come to multiply which
to me is a distant prosjiect such remote Rstates will be valuable. In the
mean time if I could receive Instruction from your Excellency how to
make an immediate advantage of a high-land territory I should be pro-
digiously obliged to you.

I am sorry your late assembly was so resty as to oppose the matters
you was pleased to recomeud to them I make no doubt but that the
proposals you made to them were very just and consequently the Fault
lay on their side for not complying with them.

I should be glad to know upon what terms his Majesties lands are now
to be taken up in that Province, how great the Quit Rent and in what
specie to be paid, your Excellency will be pleased to forgive those ques-
tions because they proceed not from curiosity but from an Inclination to
increase my terra firma there if the expence be not too great and the ob-
ligation for seating too troublesome.

In the mean time I wish you all the success in the world in bringing
the chaos into form and reducing that Anarchy into a r^ular Grovern-
ment in so doing you well deserve to your statue erected, or which per-
haps is better to have your sallary doubled. I suppose if my Lord Car-
teret should not part with his share of Carolina it will be laid out for
him in South Carolina as being commonly fancyed to be the finer clymate
I'm informed there is a subscription in England for setling an hundred
familys of poor Debtors on Savana River which I fear will prove a grave
for them, they had better send them to North Carolina

I am Sir

your Excellencys

, most obedient humble servant

W. BYRD.

This is the copy of
a letter I received from M' Byrd
of Virginia I sent the Original to the
Six'aker of the House of Commons.

Geo: Burrington.

196 COLONIAL RECORDS.

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 11.]

The case of the Inhabitants of the County of Albemarle in North Car-
olina bordering upon his Majestys Colony of Virginia humbly sul)-
mitte<l to the Riglit Honorable the I^ords Com" of Trade and Plan-
tation

Sheweth.

That they haveing for many years been planters of Tob~ and by that
produce subsisted and provided their family with all kinds of European
Goo<l &c they are now by a I^aw made in Virginia A* Dom 1726 pro-
hibited the benefit of carrying the same to Virginia in order to be shipt
of for Great Brittain as formerly accustomed to the Great Impoverishing
of the s* familys and now particularly of such who by the late running
of the line betwixt the two Governments have been taken out of the
province of Virginia into North Carolina and whose lands are scarce
capable by reason of their situation of any other Improvemt That the
Inletts to that part of North Carolina are not capable of receiving vessels
of Burthen fitt for the Transporting of Tobacco from thence to Great
Brittain so that unle^ relieved by the favourable Representation of ye
Lordships to his most sacred Majesty for Repeal of that Law (w*** is
humbly conceived to be not only Detrimental to his Majestys Revenue
but directly contrary to the acts of Trade) Many of the s"* Inhabitants
(being chiefly very poor people) are in danger of being reduced to the
Extremest poverty and must either be obliged to quit their plantations
or fall upon such usefull Manufactorys for their necessary Cloathing &c
as will prevent the sale of considerable quantitys of European Go<k1s
and consequently be prejudicial to the Trade of Great Britain.

[B. P. R. O. North Carolina. Vol. 9. A. 22.]

M' PORTER'S OPINION ABOUT THE APPOINTING OF
ANY NEW COUNCILLOR BY THE GOVERNOR WHII^T
THERE ARE SEVEN MEMBERS OF COUNCIL IN THE
PROVINCE 27 JULY 173L

[Rec* with M' Porter's Rep* to the Board dated 19 Feb^^ 173^.]

The Opinion of E. Porter in humble answer to His Excellency.

1" Tliat upon the great<»st Eniergencys His Majesty hath not allowed
a less number than thi*ee to make a Quorum in Council and there being

COLONIAL BECOBD8.

hut two present T concciye I caiiiiut give an opinion aa a member in
Council tho (to oblige Your Excellency) I may as Member of Council.

2"*'^ A Member of Council is a Judicial Officer l>ecanse as »ucb he is
also a Member of the Court of Chanc«ry and (herefore agreeable to his
Maj Instruction ought to l)e chose by ixiiisent A advice of Council.

^ttiT That there is at this present time seven Meml)ers of Council in
this Province viz : M' Sec^ Rice M' Halton M' Jenoure M' Ashe, M'
Allen, M' Hamett & myself which \h the number limited by Hi» Maj
Royal In.stniction until his pleasure be further known Wherefore these
my several roa«>us why any persons cannot Ix; chose or inducted at prett-
ont u Member of Council I pray may be entred by the Dep^ Sec''
Signed E. PORTER at the Council

Board this 27* day of July 1731

[B. P. R. O. Ah: & W. Ind: Vol. 22. p. 119.]

M' BADHAM'S VALUATION OF THE CHIEF JUSTICES
PLACE IN NORTH CAROLINA.

To His Excellency G«>rge Bnrrington Esq" Governor of North Car-
olina.

August 2'* 1731.
Sir,

Pursuant to y(uir Exrellencys Directions I have Endeavoured to make
a Compntation of the Profit* arising to the Chief Justice of North Car-
olina by Virtue of hiH Commission which I had the honour Uy serve him
as Clerk of the General Court into which office I entered at March Gen'
Court Anno. Domini. 1722 His Salary from the Lords Proprietiira was
sixty {Munds per annum, and fees due and paid for Deeds of Land
acknowletlged & proved before him were then about fifty pounds Yearly,
l)esides proving I^etters of Attorney & other Instruments of writing and
warrants issued heard and determined by him and bayle taken before
him whicJi in all probability amounted Ui fifty pounds per annum more.
And the Fees due in all Actions before him as Chief Justice in the Gen-
eral Court I formed of him which brought me in near or quite five liun-
drcHl pounds |)er annum, for some years after our Agreement. But
when Publick Differences & Divisions happened amongst us the per-
quisites & Profits of that office were wonderfully hurt and diminished
and the writtf & process thenee issuing were very seldom executed as

198 COLONIAL REC»RD8.

they ought to have been especially in the southern part of the Province,

and in the Northern County, viz* Albemarle County very badly, partly

owing to the Defect of the Provost Marshall and his Deputys and the

Disputes that arose about appointing that Officer, besides which our late

Governor Sir Richard Everard in the year 1729 issued a Proclamation

for suspending the Chief Justice and afterwards t'was very rare if any

writt or other process by him sign'd were obeyed, which caused a great

defect of Justice & delay in business so that many suffered thereby besides

the Officers of the Court amongst whom one of the greatest sufferers

was

Your Excellency's

most obedient humble servant

W» BADHAM.

To His Excellency, the Governor.

[B. P. R. O. Am: & W. Ind: Vol. 22. p. 120.]

M' LOVICKS VALUATION OF THE SECRETARY'S
OFFICE OF NORTH CAROLINA AT £582.10.

PER AN :

To His Excellency George Burrtngton, Governor of His Majesty's Pro-
vince of North Carolina.

Edenton August 3"* 1731.

Sir,

In obedience to your Exoellencys directions I here send you an Esti-
mate of the Value of the Secretary's office upon a Medium for seven
years last past, I believe at present it is not of the value it was which is
wholly owing to the High Quit rent that is put upon the Land ; for it
was a great Inducement to the settlement of this little Colony, that Ijand
was to be taken up at a Quarter the Value that it was in our Neighbour-
ing Province of Virginia, and the Quit rent being the same as in Vir-
ginia all new comers into that Province chose to come in here but now
that the taking up of I^nd is made more difficult than it is in Virginia
<fe the rent is double to what it is there, it will rather drive People from
hence thither than Encourage any of them to settle here; And I believe
your Excellency is very sensible that this is the true ground for the stop
that is put to all business, not one survey or Patent having Ijeen made or
issued that I hear of since your Exoellencys arrival, and I am afraid few

CX)LONIAL RECORDS.

199

will be made unless the Quit rent is altered for People will always settle
where they can live with most Ease, and are least Burtheneil. I oould
not help saying this much because perhaps when the Estimate is seen, it
might be asked why the oflSoe is not so good now as it was.

ESTIMATE OF THE SECRETARY'S OFFICE OF NO: CAROLINA.

200 Pateiits one year with another

200 Warrants for taking up of Lands

La{)se & Escheat Patents about 80 one year with
another .......

Clerks office ......

To Wills, Probates & Ainicons yearly

To Council Business yearly ....

Writts of Escheat & Testimonials

Sallery per. annum .....

£122

" 10- " —

50

" — " —

100

100

^^ ''

80

<' "

50

40

** '*

40

£582

" 10 " —

Distrac

dons heretofore

I have formerly made much more of it, but the Distracti

in the Government prevented many from coming in that otherwise would

have settled here. And your Excellency may perceive by the Estimate

that the principal Fees in the office is what arises from the Settling Lands.

I am Sir

Your Excellencys

most Dutifull & most obliged

humble Servant.

J. LOVICK.

[B. P. R. O. Am: & W. Ind: Vol. 22. p. 121.]

M' FORSTERS VALUATION OF THE SECRETARY'S POST

TO NORTH CAROLINA.

To His Excellency Greorge Burrington Elsq" His Majestys Cap. Gen* &
Governor in Chief of North Carolina.

Sir,

Edenton, August the 8*** 1731.

Your Excellency was pleased to ask me some time ago what the Fees
of the Secretary's Office of this Province might amount to Annually,
which I could not at once resolve before I had looked over that office

200 COLONIAL RECORDS.

wherein I have acted for these eight or nine years j>ast, & find for the
last three or four years fmm the great Distractions in the Government,
occasioned by the weakness of Sir Richard Everard late Gov' here it has
not exceeded £400. per annum, but before that time it could not amount
to less than £600, and I am confident that if the Quit rent of Lands were
no more than Two shillings per. hundred which is the same rent as in
Virginia, that the Secretary's office for some years to come would be
worth considerably more than ever from the vast number of Surveys
made at Cape Fear which is not yet Patented, and the great quantities
that would be every day taken up there, as well as in many other parts
of the Governm* if the Quit rent was lessened, for till that is done I am
persuaded there will not One Patent be taken out, Everybody choosing
rather to loose their Land than pay so high a Quit Rent, and your Ex-
cellency very well knows there has not One Patent issued since your
arrival so that indeed the Secretary's office at present for want of Patents
issuing is now scarce worth One hundred Pounds per. annum. Clerk-
ships excepted.

I am
(with great respect)
Your Excellencys

most Dutiful & most obedient
humble servant

ROB* FORSTER.

[B. P. R. O. Am: & W. Ind: Vol. 22. p. 118.]

M' LITTLE'S VALUATION OF THE CHIEF JUSTICE'S

PLACE AT £600. PER. AN:

[August, 1781.]

May it please Your Excellency,

In obedience to vou I am to i^ive vour Excellency an Account of the
Profitts of the Attorney General's plaw of this Province which I cannot
pretend to do exactly, l)e<:rau.se the Incomes are more or less just as the busi-
ness happens of late years the Authority of Government has been suf-
fered to sink so low & the Courtis so much obstructed that I^aw & Justice
seemed at a stand & but little business done.

But since your Excellency has settled the Government & the Law has
its free course & Justice duly administered, the business of that office

COLONIAL RECX)RD8. 201

will be considerable. I believe there will be 12 or fifteen Indictments a
Court one with another which is held 3 times a year, the Fee of each
Indictment is oO", besides the incidental fees of it, & often a Fee from
the Prosecutor too, & there is another business besides Bills of Indict-
ment which will Augment the Fees so that by a moderate Comput* with-
out the Salary which is £40 per. annum. & besides his practice as a Law-
yer in Civil Actions which that station recommends him to a full share
if not always the Choice of I think the incomes of the office cannot
come to less than £100 per. annum, which is to be received in Proclama-
tion Money. As to the Chief Justices place which you are pleased to
mention too, it is not Easy for the reasons I before gave to make an
Exact Estimate of it, the business being uncertain, the Clerk of the
General Court is under his Appointment whose Fees are very valuable
And according as that point is managed it makes the value of the other
more or less, there are also severall Fees out of Court such as prol)ates
& acknowledgements of Deeds & other writings that may l)e there or in
the Precinct Courts, & so is more or less as People are brought into the
way of it.

I am of opinion that with good Application, & if the most is made of
the Clerkship the Chief Justices Place may one way or other Coinunibis
Annix be worth 5 or six hundred Pounds per. Annum, besides the Salary
which has been Sixty Pounds per Ann : but its supposed will now be
raised to £100 per. Annum :

And if the Circuits come to be settled the Value of the Place will be
considerably the greater for it. This may it please your Excellency is
the best Account I am able to give, but you'l please to give me leave to
add that in all offices as well as other business it depends much on the
Person & his knowledge of the Place.

I am Your Excellencys most DutifuU

& devoted humble Servant.

WILLIAM LITTLE.

26

202 COLONIAL RECORDS.

[B. P. R. O. Am: & W. Ind: No. 592.]

EXTRACT OF A LETTER FROM CAPTAIN BURRINGTON
GOVERNOR OF NORTH CAROLINA TO THE LORDS
COMMISSIONERS FOR TRADE AND PLANTATIONS
DATED 4^ SEPTEMBER 1731.

We ex|)ect our Indians will be attackt by those of South Carolina
The Northern Indians called the five Nations are in Alliance and Amity
with ours and have promised to assist them with a Thousand Men part
of which are already come into this Province.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 17.]

GOV BURRINGTON TO LORDS OF TRADE.

North Carolina. September 4*^ 1731.

May it please your Lordshii^h.

A. After the Prorogation of the Assembly which I callo(l pursuant to
the Kings Instructions, I wrote a full State of the affairs of this Pro-
vince and of my own Proceedings wn'th that Assembly datetl the first of
July which I had the honour to address to your Board. Your Lordships
must i>erceive the many difficulties I have had to encounter by the Arti-
ficies of some and folly of others in the Council which rendred the
house of Burgesses obstinate I can truly Say I met with more Obstruc-
tions in my Endeavours for his Majesties Service and the good and Wel-
fare of the Province from part of the Council than from all the heat and
Rashness of the Lower house who were encouraged by some of the Coun-
cil and spirited up in their undutifull behaviour aud small r^^rd they
shew'd to his Majesties Instructions, notwithstanding all the mean Acts
and little Tricks that have been used to cause Tumults among the Peo-
ple and render my Administration uneasy I <.^n with great Truth and
Satisfaction acquaint your Lordships that I keep all People in perfecrt
Peace and Quietness and have entirely put a stop to those frequent Tu-
muhs and Riots which were frequent when I first came into this Coun-
try and were grown to that height that men were not a Security even in
their own houses.

CX)LONIAL RECORDS.

B. These disorders were generally sett on foot and the Kiotera headed
by M' Edmund Porter Jndge of the Admiralty and one of the Council
of whom I have made mention in my Report to your Lorduhips thi»
man bear^ so infamous a character that I think it wouhl be for his
Majesties Service and the Reputation of the Council and Country if he
\va'* removal.

('. lu my last dispatches to your Lordshiiw I gave you an Account
that Hmitli late Chief Justice here was re{K>rted to be gone out of this
Country and designed fur England I (x)uld then only Say it might be
true Im^uusc I had no better Intbrmation than common Rumour this
man after travelling thrungli Some |>arts of the Government Spreading
many false and Scandalous storys to draw people into a Subscription for
defraying the Exjienees of his voyage and maintenance in England
(wherein he had Slender Succes,s) Secretly went out of the Government
aflcr giving out many Boasts of his great Interest in England he has .
promise<l tu procure the removal of myself and Several other of his
Majesties Officers and has already nominated our Successors. M' Smith
by reason of his rashness and folly was mucli dreaded in tliis Country
Sitting as chief Justice I aver upon my own knowledge that there was
not a man among the Fa<;tions here that he did not threaten and personally
affront however after they had deluded him they gave him Some money
and Sent him home with a Pn)spect that if be had the Interest he brag'd
of possibly he might create mischief against me bnt if not they were
Sure of ridding the Province of a bnay Shallow wretch on whom there
was no dependancc and who might in a little time be very hurtliill to
them in the post he had the honour to be placed in and to which he was
no ways equall, this fellow is now the Jest and Scorn of the very men
that perverted him has left the Country with the Character of a Silly,
rash boy, a busy fool, and engr^ions Sot to which I must add that I
know him tu be an ungratefnll perfidions scoundrel and as much want-
ing in Trutli as Understanding, aft«r all die ill behaviour of this Crea-
ture to me, I never spoke an uncivil word to him nor did him one ill
Oftice while be was here, but on the contrary gave him the best advice I
was capable of; he never informed me of his intention of going home,
neither did he write m6 any letter from Virginia where he Staid Some
time.

D. I think it was the latter end of June when Smith quitted this
Province, before I was certain of it Jtdy was far advanced, the Qeneral
Court by Act of Assembly sit on the last Tuesdays in the months of
October March and July yearly but had be«n prevented by Porters man-

204 COLONIAL RECORDS.

agement almost two years before my coming in so much that no l^all
course could be taken for suppressing the Tumults liefore mentioned which
caused great complaints against Porter throughout the Province, long
before my arrival, to this State and Condition my enemys desired to
bring the Country again, and by means of the Same Porter when I had
appointed a Council for the Nomination of a New Chief Justice which
I put oiF to the day before the General Court was to sit there only
appeared Coll : Jounoure his Majesties Surveyor of this Province and
Porter the other Councillors being dead, out of the Government or at
Cape Fear (two hundred miles from this Place) I postponed the meeting
of this Council to the very last in hoi)es the Gentlemen of the Council
who were at Cape Fear would have come to me and I might have seen a
full Board on this occasion as I had all reason to expect l)ecause tlie Court
of Chancery constantly sits at the same time the Greneral Court is held
and consists by the Rules of the Court of the Governour and four Mem-
bers of the Council at least. The Gentlemen from Cape Fear not attend-
ing and there being but two of the Council in this part of the Country
and no more than four in the other, two of which I then thought to have
been out of the Province viz' M' Ashe who was reported to be gone to
England to joyn with the Chief Justice in the design of procuring my
removal, and M' Rice the Secretary who had been in South Carolina to
fetcli his Family but was then returned as I have been since informed
also M' Ashe who after the most diligent enquiries throughout this
Country not being able to raise Materials for a charge against me would
not put his Reputation and sence so much at stake to go to England as
I am informed he had promised several men here who now curse him for
Nonperformance and [by which failure of his Baby Smith will be quite
lost haveing nothing but a few lies to Support his Cause unless he can
obtain an Instructor from a Gentleman in Hannover Square] there
appearing but two Members at the aforesaid Council I desired their
Opinion whether they did not judge it absolutely requisite for his Maj-
esties Service the Peace and Wellfare of the Government that two Coun-
oellours should be appointed, otherwise the General Court would be
again stopped and the Court of Chancery the same by reason it could
not subsist without four C-ouncellours being present Coll : Jenoure very
readily declared he thought the Country would suifer extreamly and the
Government be digraced if the Courts were not supported, on the con-
trary Porter gave in his objections in writing and declared that I had no
Power to nominate Members of the CWncil without a Majority of the
Council agreed to the appointment and asserted that there were Seven

COLONIAL RECORDS. 205

Members of the Council then in the Government and that by my
Instructions I was not permitted to make more; his first allegation had
no foundation the Kings Commission and Instructions giving me full
power to fill up Vacancies to the numlxjr of Seven, the Second was noto-
riously false, there not being so many then in the Province I have re-
quireil him to prove the Persons he mentioned in his Paper were then in
this Government, but as he knew it was not True he excused himself

E. Coll : Jenoure recomended M' Lovick late Secretary of this Pro-
vince for one of the Council this Gentleman was first in the late Council
and when I came here with his Majesties Ctmimission and is jx^rfectly well
aquainted with the affairs of this Government Sir Richard Everad and
M' Porter had wrote complaints against him to the Duke of Newcastle
when I examined into it neither Sir Richard nor Porter (though I called
upon the last very particularly) had not the least proof to make good
any thing against him, indeed there were some affidavits concerning
Patents for land after the Date of their accusations which M' Ijovick
answered these were sent your I^ordships in the Cauncil and Journal M'
Ijovick has proved to me that aft«r the certainty of the Kings purchase
was known he advised Sir Richard to grant no more Patents but by the
Artifice and management of M' Moseley then Surveyor Sir Richard did
mntinue to issue Patents on which the Said Moseley and his Kindred
were the most considerable gainers as appeared to me by the relations of
persons unconi*erned the affidavits sent your Ijordships are all that is
laid to M' Lovicks charge there having been no complaint of any sort
but one by M' Porter against him and many others for obstructing the
Said Porter in exercising his office of Admiralty Judge which Porter
delivered to me in Council and after some reasoning and debates upon
the Subject he withdrew it before it could be entered on the Council
Book and has continued Silent ever Since. I am obliged to do M'
Lovick the Justice to Say he has comported himself very handsomely
upon all occassions since the Change of Government here especially during
the Sitting of the late Assembly of which he was a Member besides his
capacity in Government affairs, another inducement for making him one
of the Council was his knowledge in Indian business (we expect our
Indians will be attackt by those of South Carolina, the Northern Indians
calle<l the five Nations are in alliance and amitv with ours and have
promised to assist them with a thousand Men part of which are already
come into this Province) I assure your Lordshii>s there is no man in this
Colony more ciipable of serving the King than M' Lovick for these
reasons I swore him a Councellour and M' Edmund Grale a relation of

206 COLONIAL RECORDS.

M' Gale a Commissioner of the Excise a Gentleman in very good cir-
cumstances and unblemisht Character

F, When this was done witli the advice and consent of the Council I
appointed M' John Palin Chief Justice who has given a general Satis-
faction by his wise and prudent behaviour.

G, I cannot doubt but that your Lordships will approve of these
appointments made in So critical a time and will esteam them as I
intended a real Service done this Government and the best means could
be thought on for preserving j>eace and good order in North Carolina
notwithstanding M' Porter was of another opinion.

H, The knowledge 1 have of this man since I came last here (I knew
little of him before) induces me to believe he will have the assurance to
ti^uble your Lordships with a Paj>er delivered as reasons against my
appointing any Councellours. M' Allen mentioned in his Paper to be
in North Carolina was not then in this Government neither has he been
here since I came mvself that M' Rice or M' Ashe were either of
them here at that time was what he did not know any more than myself
tho it really proved they were in the Government The Original I Send
your Lordships weak and Silly as it Seems to me I am assured it was
the result of the party I have against me and that M' John Montgomery
his Majesties Attorney General here drew it up which I believe it being
much like the way of reasoning he uses and calculated to perplex me
and disorder the course of Bussiness in this Government.

/. Give me leave to add what has been already said of Porter that
he is a man of a most infamous Character, has been guilty of many
vile Frauds and is now under many Prosecutions and Actions for Debt
which will reduce him to great Poverty I am Sorry I am obliged to Say
much of such a contemptible fellow

K. In my remarks upon the Laws of this Country which were sent
to your Board I made some observations upon the Law for holding
Biennial Assemblys which I hope your Lordships have cronsidered. In
a few days the People (by Nature of that Act) are to choose Representa-
tives will meet in Assembly (if not prorogued) the first Monday in
November next, I am fully convinced no g<x)d can be done with an
Assembly before his Majesties pleasure is known in relation to tlie pre-
tended Laws in 1729 after his Majesties purchase was completed whether
any fxjuivalent is to be taken in Lieu of cash for his Majesties Quit
Rents, whether his Majestic will be graciously pleased to moderate Quit
Rents for Lands to be taken up to the Same that is paid in Virginia
which is insisted on by the people here as their undoubted Right, whether

COLONIAL RECORDS.

the Officers are not to take their Fees in Proclamation or Bills an they
'are rated by the Assembly to that value Before I have an answer to
these Material Points I know it will be to no purpoM to hold an Aj:»em-
bly therefore Shall propose to the Council the Prorogiieing them till I
am further instructed.

L. In the Btxly of Laws sent home in an Act relating to Escheat and
Lands and Escheators which I have already remarked upon and have
refused to grant Patents for any E-'w-heat Lands till I hear from your
Jjonlships, the ix>iiijiosition being very^sniall iti that act and the Quit
Rents but two shillings for every hundred acres. It is insisted upon
here that I ought to grant Such lands agreeable to the Law hut as I find
this Law not to be consistent with the latter part of the 43*^ Instrntrtion
I have otieyed the Instruction in not complying with the I^aw.

M. I gave some reasons in my remarkes on the Act for Biennial
Assemblies to which I beg leave to add the following to Shew the Act
ought to Ix; repealed the time of an Assemblies contiiiuanc-e being So
Short causes (Several well meaning Members to be Timorous fearing they
should not Ix" chosen again that by the Said Act a Small part of the
Province have Twenty Six Uepresentativcs all the Remainder but ten I
judge it necessary to reduce the four Pr«;incts called Chowan, Perqnim-
mons, Pas«|Ut>tank and Curratuck into Two I>ecause in the socontl and
fourth there are neither Persons fit for Magistrates nor Burgesses I am
also of Opinion that two representatives are Sufficient for a Pre(inct the
Counties in Virginia send no more, the number of Burgesses and Pre-
cincts are Settled by tins Act. This Act also allows all freemen to vote
for Biii^esses, but his Majesty's 12**' Instruction to me is very particular
that none but Freeholders be admitted to vote which being against that
Law has occasioned a great deal of heat among the people and much
hcightcne<l by those who love to raise a Clamour against me. I cant
help thinking we shall have more orderly Elections and marc substantial
men chosen if none but Freeholders vote as the Instruction directs so I
hope the Law will be repealed that I may not be under the necessity of
acting against a plain Instruction or against a I^w of the Conntry and
whi(Ji may furnish my enemies with a handle for complaints against me.

iV. By the '2ti°' Instruction I am directed to take <are tiiat Just
accounts of Rcocipts and payments of all publick monies being first
attested by the Auditor he transmitted to the Lords uf tlie Treasury but
as there is yet no Auditor nor Receiver General nor the appointment of
a Publick Treasurer yet Settled and as there has been very little money
either receive*! or paid I Shall not Send the Account before the Arrival
of an Auditor or further Order from England.

208 COLONIAL RECORDS.

0. I have not yet been able to obey the 100 Instruction in Survey-
ing the harbours being hitherto prevented by a Multiplicity of business
and a dangerous Sickness of which I am not yet perfectly recovered this
will be a work of Some difficulty and expence which I Shall readily
undertake as Soon as I am capable of travelling the Inhabitants of this
Country declare very much against Fortifications but as we have three
harbours capable of receiving large Ships there will be a necessity of
erecting Some at each of the Said harbours of which I will give your
lordships a further account before Christmas.

P. The late Receiver General of this Province whose accounts lye
before a Committee of the Council having given Sufficient Security to
answer to the King for what money is in his hand I design not to pass
the Said accounts before the Receiver and Auditor are appointed and
present.

Q, I am now able to give your Lordships an exact account of the
value Bills are of in this Country, A Pistole is not to be purchased under
eight pounds in Bills I have offered all |)eople that have paid me Fees
to take an eighth in Proclamation money in Lieu of four for one in Bills
if they would let me have Silver, only one man would comply of all
those I have received any Fees from English goods Sell from fifteen to
twenty in Bills above the price they cost in England, but if the Bills
are allowed by His Majesty to be current my opinion is they will Soon
come to the value they are rated which is four for one in Proclamation
money.

R. Your Lordships may think there was not enough said in my report
of Sir Richard Everard, being commanded by an Instruction to enquire
into the complaints made against him by the late Council I have further
to observe that M' Moseley was in great Friendship with Sir Richard and
his Family and they had been much concerned in taking up lands as
appears by the List of Patents granted by Sir Richard when the enquiry
was made M' Smith M' Porter and M' Ashe violently insisted nothing
more ought to be enquired into than the words he had spoken against the
King <&c : there were but two Councel lours present at that time besides,
for this good office they did him, I am informed Sir Richard his Lady
and Son have promised to make some affidavits they judge will prove
servicable to their cause

S. I must informe your Lordships that I have had Information of
Mall practices by M' Moseley and his Deputies in returning to the Secre-
taries office Immaginary Surveys by which his relations hold great quan-
tities of land more than are sjiecified in their patents it is verj' certain

COrX)XIAL IlECOUDS. :i()9

Mosolev and his Kclatioiis have in four or five vears time straniidv cii-
rid 1 0(1 tlienist^lvos

T, I am assured by several }>eo))le that my encmys have or will com-
plain against me for buying some lands, the real truth 1 now declare to
your Lordships which is that a few days after I came into this Provin(»e
I heard M' liovick and M' Moselev offer to sell some lands to Smith
then Chief Justice and M*" Haltoh one of* the Council thcv ofFereil me
some also which I then dwlined, sometime aftt»r I was told the Indians
t<M)k u|> oar upon those Lands of which they made Bullets with, u|X)n
this Intelligence I lN)Ught the lands and gave more for them than they
are judgwl to be worth, if I cannot find the oar I have made a very bad
l>argain having no manner of <K*casion for the lands which are by water
one hundrcsl miles above the Falls of Cape Fear lliver. if my enemies
have impudence and villany enough to charge me with any clandestine
or unfair practicf\s upon this si'ore I am i*eady to joyn issue with them
and take upon me to prove the purchase was just, and that any other
|)erson might bought them as well as myself, the major part I l)ought
of Moselev the great I^nd Joblx?r of this Country who has still twenty
thousand acres to sell when he cjin find purchast»rs.

V. Of the Council appointi»d by his Majesty M' Smith has resigne<l
and left the Province M' Porter for sevend reasons already given I hope
your Lordships will think ought to l)e left out M' Eleazer Allen was
rec^ommended unto me by several gentlemen in London to be put into
the Council but he is not an Inhabitant in North Carolina, lives in South
Carolina where he is Clerk to the Assembly therefore ought not in my
opinion to Im.* in the Council here M' James Hal lard and M' Richard
Evans never cjuiie neither do I think they design it, M' John Pc^rter
is dead M' Matthew Rowan is not at this time in the Province but ex-
|>e<.'ted soon.

Asdirecteil by mv Instructions 1 send your lordships a list of Names
to fill U|) the Council. 1 put M*" Lovick first l)eniuse I think he is the
only person in this (jovernment capable and fit to be intrusted with the
care of this ProviiKX? if his Majesties si»rvice or death takes me away.
John Lovick Chief Justice when appointed, Nathaniel Ri(^e Secretary,
Joseph J(Mioure Surveyor General, Rolwrt Halton John Ashe Thomas
Pollock, Kdmund Gale, Matthew Rowan Cornelius Harnet, George Mar-
tin and Mackrora S<»arl)orough. This is the best list 1 am able to make
which I leave to your Lordships consideration.

W. By the running a Division line betwet^n Virginia and this Prov-
ince many IMantations were gained from Virginia Some of the owners

27

210 COLONIAL RECORDS.

have taken out Patents here but the Major part refuse. 1 desire your
Lordships directions whether they that have not Patented their Lands
here, ought not to do so.

X. I shall do myself the honour to send your lordships before next
Xmas an Account of the Militia and the Improvments that may be
made in this country which I think entirely depends on the Quit Rents
that are to he paid for Lands to be taken up and opening a Port on
Ocacock Island the Pilots I have appointed assure me that atOcacoek
they can bring in vessels that draw Sixteen or eighteen foot wat^r, at
Port Beaufort that draw twenty and at Cape Fear two and Twenty this
account the Pilots offered to Swear too, Curratuck Inlett is shut up and
RoaniK'k is so dangerous that few people oare to use it but go round to
Ocacock.

Y, A great number of people have come into this Country to Settle
lately I hear of more that are coming from the Neighbouring Colonies
nothwithstanding there is but one Entry for taking up land neither has
the person who made the Entry gone on with the Survey by reason of
the Quit Rent I acquainted your Lordships how great a Prejudice this
was to the Officers therefore shall omitt writing any more at this time on
the Subject

Z, When I undertook the Settlement of the Southern part of this

Province (with consent of the Proprietors Council) warrants were given

to people that were disposed to Settle there, by which inducement a great

many people did then Seat lands in that uninhabited Country and have

not since had Patents, I think it will be hard upon these people to be

removed, many of them would be mined. I pray your Lordships

directions in this tender affair.

I am (with all respect)

your Lordships most humble

and most obedient servant

G: BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 41. p. 193.]

BOARD OF TRADE JOURNALS.

Whitehall Tuesday July 27. 1731

Present.
M'Pelham. M' Brudenell. M' Bladen.
M' Fitzwilliams Surveyor Gen* of the Customs in the Southern part
of America and M' Gale Collector of the Customs in North Carolina

COLONIAL RECX)RD8. 211

attending presented to the Board a Memorial from the inhabitants of the
County of Albemarle in North Carolina setting forth the great hardshipn
they labour under from being denied the liberty of exporting their tobaooo
to Great Britain from the ports in Virginia occasioned by virtue of two
Acts passed there the one in 1705 Entituled an Act against importing
tobacco from Carolina and other parts without the Capes of Virginia and
the other passed in 1 726 entituled an Act for the more effectual preventing
the bringing tobacco from North Carolina and the bounds in controversy
And their Lordships taking the said Memorial into consideration as also
both the Acts gave directions for preparing the Draught of a Report for
repealing the said Acts.

[Page I9a]

Which Report was agreed and signed July 29***

[Page 242.]

Wednesday September 2. 1731.

M' Thomas Lowndes having brought to the OflSce three Certificates
one from James Bertie Esq** another from Henry Bertie Esq** Two of
the late Lords Proprietors of Carolina and the third Certificate under the
hand of M' Shelton their late Secretary relating to certain Grants of
I^nds made by the said Proprietors to M' Lowndes before the Treaty
of Surrender of Carolina to the Crown the said Certificates were read and
ordered to he kept with the papers which relate to the Province of South
Carolina.

[From M8S. Records of North Carolina CoimciL Journals.]

COUNCIL JOURNALS.

North Carolina — ss.

Edenton Feb-y 25**» 17^

Pursuant to his Majestys Royall Co©ision and instructions Constitut-
ing & appointing his Excellency George Burrington Esq' Gov' Cap*
Generall and Coinander in Chief of the Province and Territory of North
Carolina the same was read and published and His Excellency thereon
in Council took & subscribed the severall Oaths by law appointed for
Qualification of Publick officers as Also the the oath for the due Execu-
tion of Justice Reposed in him Equall administration of Justice and due
observance of the Laws of Trade and thereupon his Excellency took his
Place at the board accordingly

212 COLONIAL RECORDS.

William Smith Joseph Jenoure & Robert Halton Esq" appointed by
his Majesties Royall instructions Members of Council for this Province
appeared and took & subscribed the several oaths by Law appointed for
Qualification of Publick officers and their places at the board accord-
ingly.

At a council held at the council Chamber in Edenton y* 25*** day of
Febry Anno Domini 1731

Present

His Excellency George Burrington Esq' His Majesties Governor Ac

{William Smith "> tt. « n/r u ^ rr- n/r •
TUT I Esq Members of His Majes-

Joseph Jenoure > * x* /^ m "^

RobTrt Halton j - *'^ ^""""'^

His Excellency the Governor was pleased to order that a Proclama-
tion Issue for continuing officers and magistrates both military and Civill
within the Province till his Excellencys Pleasure be further known
therein.

Hiss Excell^ the Gov* produced to this Board a Commission from the
right Honble the Lords of the Admiralty Constituting and appointing
him vice Admiral of his Majesties Province of North Carolina

Adjourned till tomorrow morning Eight of y* Clock

At a Council held at the Council Chamber in Edenton the 26*** day of
Febry Anno Domini 173^

Present

His Excellency George Burrington Esq' Governour &c-

The Honoblesj jSlprirel^" ^«'"'^"' «^.?'« Majesties

\ Robert Halton j <^°""«'"

His Excellency the Governour Representing to this board the neces-
sity of calling together the Gren* Assembly of this Province to Enact
and make such Laws as shall as shall be for his Majesties Service and
the good of the people within the same thereupon his Excell^ the Gov'
by and with the advice and Consent of his Majesties council doth order
that Writs forthwith Issue requiring the fPreeholders in the several and
respective precincts and Towns within this Province to Choose their
Representatives on Tuesday the 23"* day of March Order* that Procla-
mation Issue requireing the General Assembly of this Province to meet
at Edenton on Tuesday the 13*** day of April next an all persons con-
cerned are to take notice thereof accordingly.

COLONIAL RECORDS. 213

North Carolina — as.

At a council held at the Council house at Edenton y* 27 day of Febiy
Anno n^

Present

His Excell^ George Burrington Esq' Gov' &c

rpi TT 1 1 I T ' u T ( Esq" Members of his

The Honblej^h Jenoure | ^jeaties Council

Ordered that Mr Joseph Anderson do act for Nathaniel Rice Esq'
Secretary of this Province till his arrival here or some person Lawfully
Deputed by him and in all cases till ^|{*ther orders.

Ordered That John Lovick Esq' Late Secretary of This Province do
forthwith deliver up all papers and records relating to the Secretarys
office unto Joseph Anderson appointed by the Gov' and Council to
recieve the same

By order of his Excell^ the Gov' & Councill

JOSEPH ANDERSON f Secty

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 4 day of
March Anno 1731

Present

His Excellency Greo Burrington Esq' Gov' &c

{William Smith ) p » \f Up f
Joseph Jenoure >i .^j^ • ^« /-« -i
RplirtHalton / his Majesties Council

Sir Richard Everard Bart Late Grov' having Exhibited a Complaint
against the late Rec' General that he has reftised /paying him his Salary
as Governour & that there are Sev* years in arrears due to the said S'
Rich' upon which both parties were called and appeared accordingly,
And the late Rec' producing his acoo^ with Sir Richard and his vouch-
ers for the same and Sir Richard examined and there appeared To have
been paid Sir Richard the sum of £1658.7.6 which amounted to very
near the whole sum due to him from the time of his coming into this
Province to the day of the present Governours arrival. But this Board
having no direction for the allowance of any sallary since his Majesties
Purchase of the said Province do forbear at present the allowing any
further payment than from the 17*** day of July 1725 to the 19** Day of
July 1729 being the date His Majesties purchase which in the whole is
£1200 at 300£ '^ annum which is allow to be paid and the Reciever
General discharged for the sum of 1200 in his Aoco^

214 COLONIAL RECORDS.

This Board having taken into consideration the affair of the Tenth of
Wheal Oyle and Bone taken on the sea coast of this Province which has
been lately claimed by the Judge of the admiralty of this Province as a
Dinis of Admiralty and the said Judge and others having rec* peroells of
the said Oyle and Bone without accounting for the same to the Gov' for the
time being which being the undoubted right and purquisitt of the Gov"
of the several Provinces of his Majesties Dominion in America where
wheals were taken till his Majasty pleased to alter y* Contrary. It
is ordered that all Tenths of the oyle & bone reci* by any Person what-
soever before bi« Majesties Royall Instructions relating to that affair
were published be paid to the Honoble Sir Richard Everard Bar* Gov-
ernor of this Province

By order of His Exoell^ y* Gov' and Councill

JOSEPH ANDERSON f Secty

North Carolina — ss.

At a Council held at y* Councill Chamber in E^enton y* 9*** day of
March Anno Dom 1730

Present

His Excellency Greorge Burrington Esq' Gov' &•

{William Smith ) tt. „ Tt^r u r u*
TIT I Esq Members oi his

Joseph Jenoure > ^Tv ' ^' n m
RobmHalton j Majesties Councl

E^dmond Porter Esq' appointed by his Majesties Royall instructions
a Member of Councill for this Province appeared and took and sub-
scribed several oaths, by law appointed for Qualification of Publick offi-
cers and his place at the board accordingly.

Present y* Hon**^ Edmond Porter Esq'

William Smith Esq' producing to this Board Majesties Warrant under
his sign manuel directing That Letters patents Issue under the Great
Seal of this Province constituting and appointing him the s' William
Smith Chief Justice therein

Ordered that Letters patents issue for the same

Ordered that a Commission issue under the seal of y* Province consti-
tuting and appointing Robert Halton Esq' Provost Marshall & Commis-
sary of the musters within This Province

Ordered that the said Provost Marshall be and he is hereby Impowered
to take and recieve Two Shillings and six pence for signing a Messu
Process. By order of y* Gov' & Councill

JOSEPH ANDERSON f Secty

CX)LONIAL RECORDS. 215

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the SO*** day of

March 1731

Present

His Exoell^ Geo Burrington Esq' Gov* &c

{William Smith ) p » tlc u^ f u*
Joseph Jenoure > ^1 • x* r-i -i
Robert Halton j Majesties Council

Ordered that the old seal of the Colony be used till the new seal arrives

Ordered that Cullen Pollock George Martin Isaac Hill be assistant
Judges to the Chief Justice.

Ordered that John Conner Esq' be and he is appointed Attorney Gen-
eral of this Province and that a Commission be prepared for the same

By order of the Govern' and Councill

JO^PH ANDERSON f Sec*^

North Carolina — ss.

At a Council held at the Councill Chamber in Edenton Ap^ 3"^ Anno
Dom 1731

Present

His Excellency Greo Burrington Gov' &c

Y« H We / William Smith 1 Esq*" Members of his
\ Joseph Jenoure / Majesties Councill

His Majesty having by his Royall Instructions been pleased to ap{X)int
Nathaniel Rice and John Bap* Ashe Esq" Members of Councill for this
Province — and There upon y* said Nath* Rice and John Bap* Ashe ap-
pearing took and subscribed the several oaths by law appointed for Their
Qualification of Publick officers and their places at The Board accord-
ingly

Present

. , TT M, f Nathaniel Rice 1 Esq" Members of his
\ Jno Bap* Ashe / Majesties Council

Nath* Rice Esq' producing to this Board His Majesties Warrant under
his sign Manuel directing that Letters patents lasue under the Great Seal
of this Province Constituting and appointing him the said Nathaniel
Rice Secretary and Clerk of the Crown of North Carolina.

Ordered that L*" Patents Issue for the same

By order of the Gov' & Council

JOSEPH ANDERSON f Secty

216 COLONIAL RECORDS.

Esq" Members of

North Carolina — ss.

At a Council held at the Councill Chamber in Edenton the 13^ day of

Ap» Anno Dom 1731

Present

His Excellency Geo Burrington Esq Gov iSx;
r William Smith

I Joseph Jenoure ( his Majestys Councill
^John Bap* Ashe J

Cornelius Harnett Esq' being appointed by his Majestys Royall In-
structions a member of Councill for this Province appeared and took and
subscribed the several oaths by law appointed for Qualification of pub-
lick officers and his place at y* board accordingly.

By order of the Gov & Council

ROB' FORSTER Dep Secty

North Carolina — ^ss.

At a Council held at the council Chamber in Edenton y* 19** day of

April 1731

Present

His Excellency the Governour

^ William Smith
fxlmond Porter
Jos Jenoure
Jn** Bap* Ashe
Cornelius Harnett

His Excellency the Grovern' was pleased to be read his Majesties
Royall Instructions requiring him to Examine into the Complaints of
Sir Richard Everard Bar* late Gov' of s* Province against sev* members
of the Late Council as also their Complaints against the s^ Sir Richard
Everard and his Excell^ acquainting this Board that the said Sir Ricli-
ard Everard had prayed a Cert* day To be appointed for hearing the
said Comp** Therefore the Gov' was pleased to appoint Tuesday the 20***
Instant for hearing the said Complaint

And whereas there being some of the Gentlemen who were of the late
council now in the lower house of Assembly (who is now setting) His
Excellency the Governour by and with the advice and Consent of Coun-
cil doth Comand that the members of the lower house of Assembly be
adjourned till Wednesday the 21** Instant and they are they by adjourned
accordingly

By order of the Govern' & Council

ROBERT FORSTER D. Secty

The Hon"'

E^" Members of
his Majesties Council

CX)LONIAL RECORDS. 217

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 21** of
April Anno Dom 1731

Present

His Excellency Geo Burrington Esq' Gov* &c

{William Smith Edraond Porter) t? » vr i r

Nathaniel Rice Jn'> Bap* Ashe V hif Ma* sti^ C u i -il
Joseph Jenoure Corn Harnett j '^ ^^ ^^ ^ "^'

U|K)n Petition of Elizabeth Moore Relict of Thomas Moore deceased
setting forth that her husband dying in the brining of October last
and that William Little in conjunction with John Pratt under pretence
as greatest Creditor to the said Deceased obtained adm" thereon w* she
concieves to be Ill^al praying the said adm™ may be annulled and made
void a Copy of which petition the said Little was served with and day
assigned him to answer the same At which day y* s* Eliz* app* at this
Board by M' Thomas Swann her attorney where the said Little was pres*
and the matter on l)oth side publickly debated

Thereupon His ExcelK (as Ordinary) with the advice of the Council
declares the Administration by M' Little obtained to be Ill^al annulled
and Void and that administration be granted to the said Eliz* as relect
widow to y* said pursuant to Law

By order of y* Gov' and council

ROBERT FORSTER D Secty

North Carolina — ss.

At a Council held at the Council Chamber in Edenton on the 22d of
April Anno Dom 1731

Present
His Excellency Geo Burrington Esq' Gov' &c

; William Smith John Bap* Ashe ^ Esq" Members of
Nathaniel Rice Edmond Porter > his Majesties
Robert Halton Corn Harnett j Council

Joseph Jenoure Esq' his Majesties Survey' Gen" of this Province

representing to this Board that he has Sundry times demanded from

Edw* Moseley Esq' Late Surveyor Gen* all papers relating to the said

oflfice and that the said Maseley had not as yet delivered the same to him

Praying the oppinion of this Board thereon which being considered of

his Excellency the Gov' with the advice of his Majesties Council doth

order and direct that the said Edward Moseley Deliver up to y* said

Joseph Jenoure all papers and platts to the said surveyor Gen* Office

28

218 COLONIAL RECORDS.

belonging by to morrow morning by Ten of the Clock His Excellency
the Grovernour Cause his Majesties 47 Instruction to read wherein his
Majesty is pleased to direct the Governour that he take Especial care
that no Office or place whatsoever be Executed witliin this province but
by Comission from his Majesty or by comission from his Excellency the
Grovernour under the seal of y* Colony Therefore the Governour with the
advice <& Consent of the Council was pleased to appoint tlie Honourable
William Smith Esq' Treasurer of this Province in the room of Edward
Moseley E^sq' and that a Comission be prepared for the same accordingly

By order

ROBERT FORSTER Dep Secty

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 23^ day of

Ap» Anno Dom 1731^

Present

His Excellency Greo Burrington Esq' Grov' iSx;

Will»SmitJi Robert Halton ^

Nathaniel Rice Edmond Porter I Esq" Members of his
Joseph Jenoure Jn* Dap* Ashe [ Majesties Council
Corn* Harnett J

Read the Petition of Isaac Hill Esq' setting forth that he having an

Indian slave named George amongst the Tuskaroore Indians who (as he

is Informed) detains ye said Indian slave from his service praying

and order may Issue from this Board Directed to Blount King of the s"*

Tuskarooraes, requiring him to deliver up the s* Indian slave to the s*

Hill which being Considered of his Excellency the Gov' was pleased to

order and direct that M' Charlton the Indian Interpreter should as soon

as posible repair to King Blounts Town and there demand the s* slave

from Blount & on the s* King refusal of delivering up the said slave that

then the s* Interpreter is hereby directed to summons the said King

Blount immediately to answer the same before his Excellency in Council

By order

ROBERT FORSTER D Secty

North Carolina — ss.

At a Council held at the Council Chamber- in Edenton the 24 Day of
April Anno Dom 1731

COLONIAL RECORDS. 219

Present
His Excellency Geo Burrington Esq' Gov* &c

{William Smith Robert Halton "j Esq" Members of
Natha Rice Edmond Porter > his Majesties
Cbrn* Harnett j Council.

Sir Richard Everard Bar* Late Grov' of this Province appeared and
prayed to have some Depositions ag* John Lovick Esq' Late Secretary
and Edward Moseley Esq' Late Surveyor Gen* in Suport of the Com-
plaint made by the s** Sir Richard Everard against the said Lovick and
Moseley to his Majesty. And the said Lovick and Moseley having Notice
to be present the said Moseley appeared but M' Lovick came not there-
upon Colonel William Harding Jon'es being called appeared and gave the
following Dep* viz*

The Deposition of Colonel William Harding Jones being sworn on the
Holly Evangilist sayeth that about a Twelve month agoe being at the
house of M' George Pollocks the said Pollock produced a blank patent
without number of acres mentioned nor sum in the purchase reciept men-
tioned which reciept to y* best of his remembrance was signed by M'
Lovick Late Secty which patent was sealed and the said Deponant upon

veiwing the patent told M' that he might put what Quantity of Acres

he pleased into that patent w^ y* s* Pollock made no answer but smifed and
the s* Depon* further saith that he has paid M' Little the Late Rec' Gen-
eral the sum of £14.10 for the purchase of 475 acres of Laud and that
in reciept given from the said reel* Greneral he mentioned only y* reciept
£9.10 and without mention of Quit Rent

Sworn to April 24?^ 1731 WILLIAM HARDG JONES.

ft

The Deposition of Mr James Castellaw who being Sworn on the
Holly Evangelist saith that about a Twelve month agoe and since he
hath seen in the hands of M' Greorge Pollock four or five Blank Pattents
without anv mention of the number of acres & Sealed with a seal which
he believed was the seal of the Colony and that on the back of which
patents reciept signed by John Lovick Esq' Late Secretary without any
sum Mentioned and that this Deponant was concerned with M' Eubank
in the punihase of Two of them the Title of which Patents he believed
not to be good he perswaded M' Eubanks to return the same to M'
Pollock again accordingly took one of them M' Eubanks paying the
said Pollock a pistole for the same as the said Eubanks told me who like-
wise said that he sold the other Pattent to John Green for sixty pounds
and further this Deponant saith not

JAMES CASTELLAW

220 COLONIAL RECORDS.

The Deposition of Cullen Pollock Esq' who being sworn on the Holly
Evangelist saith that he hath a blank pattent in his hands signed by
most of the late Councillors & sealed with the seal of the Colony on the
back of which pattent is a reciept for the purchase mony And fiirther
this Deponant saith not

Sworn to Ap» 24'* 1731 CULLEN POLLOCK

The Blank pattent which I had from my Brother George Pollock and
made oath concerning had 1,000 marked on the back of it and for that
sume or Quantity of Land I had it of him I Declare this on oath

CULLEN POLLOCK

The Deposition of Thomas Jones Gent who being Sworn on the Holly
Evangelists saith that he having an Imaginary survey in the month of
June Last he produced the same to M' Lovick who filled up a Patent
for the said Land in August or September Last Date<l in the year 1728
And further this Deponant saith not

THOMAS JONES

The Deposition of Doctor G^oi^e Allynn who lieing sworn on the
holly Evangelists saith that being in Company with a man Living in
Rappahannock river in Verginia and Richard Everard who on some
Discourse about Pattents, the said Verginian produced a pattent for
Lands in Bath County and the purchase money mentioned in said Pat-
tent appeared to be but Eight pounds Currency of North Carolina tho
he declared he had paid Eight pound odd in Verginia and that he together
with M' Vail was Evidence to his paying Two Guineas in part of said
sum to M' Little and this Deponant further saith that about six or seven
months agoe being at Mr Greorge Pollocks with M' Thomas Jones who
having Discourse with Mr Pollock on an Exchange of Lands the said
Jones agreed to i)art with Two Thousand on Marrattock river valued at
£200. for a Patent for Lands in haw oldfield which was Blank and a
reciept on the back of said pattent for y* Purchase money but by whome
signed this Deponant remembers not & fiirther that he has seen a great
many blank patents without any number of acres mentioned therein with
reciept on the backs of said pattent for the purchase money paid but the
sum not expressed

And further this Deponant saith not

Sworn to april 24«» 1731 GEORGE ALLYNN

COLONIAL RECORDS. 221

The Deposition of Mr John Nairn who being sworn saith that about
two years agoe he ran out some Land at w"*** time he saw the said Whit>-
inal produce a patteut w*** he took to be blank and that to y* best of His
remembrance the number of acres was not inoerted in said Pattent

And farther this Deponant saith not

Sworn to April 24*»» 1731 JOHN NAIRN

Sir Richard Everard appeared before his Excellency the Gov' and
Declared he had nothing to Charge M' Moseley with

By order

ROBERT FORSTER D Secty

No Carolina — ss.

At a Council Chamber^Held at the Council Chamber in Exlenton the
26'*^ day of April Anno Dom 1731

Present
His Excellency Greorge Burrington Elsq' Gov Ac

{William Smith Edward Porter ^ Esq" Members

Joseph Jenoure John Bap* Ashe > of his

Robert Halton Corn* Harnett j Majesties Council

Ordered that Edward Moseley Esq' Late Surveyor General Do ime-

diately give in a list of the names of the several dep* Surveyors who

acted under him while Surveyor General to y* Governour and Council

and that he Do not presume to take any returns from the said Deputys

from the Date hereof By order

ROBERT FORSTER D Secty

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the first day of
May Anno Dom 1731

Present
His Excellency Greorge Burrington Esq' Gov* &c

{William Smith Edmond Porter ^ Esq" Members
Nathaniel Rice John Bap^ Ashe > of his

Rol)ert Halton Corn* Harnett j Majesties Council

William Little Esq' Late rec' General appeared and produced his

accompts to the 29 of September 1729 & and prayed ^time for the

Exhibiting his accounts from that time till his Excellency arrival it

being objec1;ed that the acco** ought to have Extended no further than the

29*** July 1729 when the King purchased of the Lords and thereon it

being debated if the rents that year should be allowed <& and accounted

222 COLONIAL RECORDS.

for by the said reciever General The matter was put to a vote and
passed in the affirmative being the opinion of the Grov' and Council that
the Rents accrewing that year should be allowed an aooounted for by the
said Rec' Gen* and his accompts stand accordingly to the 29** of Septem-
ber 1729 And thereupon William Smith Robert Halton and John Bap*
Ashe were appointed a Committee to Examine the s* accompts

By order

ROBERT FORSTER D Secty

North Carolina — ss.

At a Council held at the Council Chamber in Edeiiton the 4*** day
of May Anno Dom 1731

Present
His Excellency George Burrington^sq' Gov' &•

{William Smith Edmond Porter "j Escf* Members
Nathaniel Rice John Bap* Ashe > of his

Robert Halton Corn* Harnett j Majesties Council

Sir Richard Everard Bar* late Gov' of this Province appeared again
at this Boanl & Prayed to have forthwith Depositions taken for the sup-
port of his Complaints against John Lovick Esq' Late Secretary which
was granted and accordingly Capt William Downing being first called
appeared and disposed as followeth Viz*

The Deposition of Capt William Downing being first sworn on the
Holly Evangelist Saith that he had seen a blank patent at M' Cullen
Pollock without any Number of Acres incerted and a receipt on the back
of the pattent for the purchase money without mention of the sum which
reciept was signed by M' Little or Lovick & has^ heard of several blank
pattents in the hands of people but does not know in whose possession
they were or who told him of it the same being a (Jeneral report

Sworn to y* 4** May 1731 W DOWNING

The Deposition of M' Richard Russell being first sworn on the Holly
Evangelist saith that some time agoe M' John Galland Brother in Law
to M' Lovick Brought a blank Pattent down to Core sound (as he re-
members) without mention of number of acres inserted and a reciept
inserted on the back of said Pattent signed by M' Lovick and the Depo-
nant not appmving to have y* s* Pattent filled up but at y* Secretarys
office he sent y* same up to y* said office & had the patent perfected

And further this Deponant saith not

RICHARD RUSSELL

CX)LONIAL RECORDS. 223

Doctor George AUynn sworn on y* Holly Evangelist saith that a Mes-
senger Came from Coll: William Read y* 12*** of December 1728 who
informed him that the said Read was Dangerously ill in so much that his
life was dispaired of and that he had been two dayes in coming to him
and that he the Deponant sat off from Edenton the 13^ of the same month
to visitt the said Read and arrived at the said Reeds Plantation the same
night when Mrs Reed (wife of the said Colonel Reed) told this Depo-
nant that her husband Dy^ the day before he arrived & was put in the
Ground & she the said Mrs Reed and one Banks then present further
told this Deponant that the said Deced was taken Speeckles and contin-
ued so till he dyed

And further this Deponent saith not

Sworn to May the 4«» 1731 GEORGE ALLYNN

The Deposition of Colonel Thomas Swann being first sworn on the
Holly Evangelist saith that to y* best of his knowledge Col William
Reed one of the members of the late Council dyed in the night between
the Eleventh and Twelfth of December 1728, as he was Informed.

And further this Deponent saith not

Sworn May the 6*** 1731 THOMAS SWANN

By order

ROBERT FORSTER D. Secty

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 8*** Day
of May Anno Dom 1731

Present
His Excellency Geo Burrington Esq' Gov' &c

{William Smith Edward Porter "j Esq' Members

Nathaniel Rice John Bap* Ashe > of his

Corn* Harnett Robert Halton j Majesties Council.

Ordered that a Comission of the Peace Issue directed to Henry Gus-
ton James Millekin William Kinchen William Latimer George Winn
Arthur Williams John Holbrook John Speir Phillip Walston Needham
Bryant Doctor John Bryan John Soan John Dew John Harrord Johnn
John Edward of Roanoke & John Hardy Grent Constituting and appoint-
ing them Justice of the peace for y* precinct of Bertie

By order

ROBERT FORSTER D Secty

224 COLONIAL RECX)RDS.

North Carolina — sh.

At a Council held at the Council Chamber in £denton the 12*** day of
May Anno Domini 1731

Present
His Excellency Greo Burrington Esq' Gov' &c

{William Smith Edmond Porter ^ Esq" Members
Robert Halton John Bap* Ashe > of his

Con* Harnett j Majesties Council

To his Excellency George Burrington fjsq' Cap' General Governor Com-
ander in Chief & Admiral of y* said Province

The Complaint of William Little in behalf of himself and other
Executors of Colonel Harvey and for divers other persons Late suflFerers
of the Court of Admiralty here

Your Excellency having been pleased in Council to signify and in-
struction from his Majesty to have the complaint of any ()erson injured
here lately by the oppression of those in the Aministration of Justice
the said Complaints beg Leave to lay before you the proceedings of
Edmond Porter Eisq' Judge of the admiralty and others under him who
refusing and disn^rding Prohibitions the usual remedy in such cases
hath divested the Subjects of the Benifit of the common Law which is
Evety Englishmans birth right & an Incroachment on the rights & Lib-
ertys of the subject in subversion of Justice and in Violation of y* Laws
of the Realm for barely suggesting of which some have been others
severely and censured in a very high manner contrary to the Equit-
able proceedings of all Courts of Justice where every man without fear
dread ought to have free Liberty to make his Defence the s* Judge pre-
tending such prohibitions to have been a Contempt to his court as hath
been pleased to stile it not Consideriug the necessity there was for some
stop to have been put to such violent & Illegall proceedings & indeed as
it hath been ruled at Law prohibitions are not discretionary or ad Libi-
tum but ex Merito Justina and the denying them is said to be denying
the benefitt of the Common Law Every Englishmans birth right & the
reason is Manifestly Given in the books where its said

If there be but probable cause it must be granted ex Debite Justicca
for if granted where it ought Not the other party Remedy by con-
sultation but if denyed whereto be granted the party is without remedy
And the Statutes of Rich* the Second and other doth most fully restrain
the Admiralti from Intermedling with any thing Done or Riseing within
the bodies Counties by Land or water Indeed Disputes have arisen on
the Construction of those Statutes and the Extent of the admiralty Juris-

COLONIAL RECORDS. 225

diction but your Comp*" concieve when the Late proceedings & Decrees
of this Court are fully represented they will appear without y* Least
colour of excuse and they bare re of them they think without any
reflection made will sufficiently the oppressions & Grievous injuries peo-
ple have sustained thereby A plain narrative of which they now Hum-
bly b^g Leave to ofler

1 The first case in that Court after Judge Porters arrival was Trotter
V Northy for 1516 bill money not of the Value of three shillings ster-
ling & was for a Tavern Score at an ordinary in Edenton and tho a
prohibition was obtained, thereon it was not regarded by the s* Judge
who proceeded to decree the Debt and costs and taxed the costs to about
Twelve pounds or upward & the poor man was put into Gaol ujion it in
Execution while a small Vessell he was Master of lay Exposed all the
while the voyage and Business hindred and Chiefly by means of this and
the next suit the said Northy suffered so much that at last he broake and
went of Laving a poor family in a very helpless condition

2 The next suit was Allyn v Northy Layd for Damages aledged in
the Libil it self to be an agreement at York river in Verginia & so infra
corpus comilatus and the DeP too tendered his oath which if admitted
must have discharged him but all did not avail he was Condemned &
Exorbitant fees Taxed on him and he was Committed to Close prison in
Execution tho there was a prohibition granted

3 Another affair in the said Court was concerning a Ship from Guina
cast away at Curratuck belonging to some Merchants in Bristol the Mas-
ter was Drowned but some of the men saved & Goods & effects to a very
great Value which were seized and Confiscated by the said Judge &
officers Except a small matter allowed one or two of the sailors was
kept by the said Judge and his officers and tho the act of Parliament
requires in such eases that the Collectors take care of such Wrecked
Groods which no way belong to the Admiralty Judge yet the Collector
was not permitted to Intermedle therewith

4 Another case was between Sir Richard Everard And Christopher
Gale Esq' the Cheif Justice who indeed by the priviledge of his ought to
have been exempt from said Court the suit was for money lent at Land
as the very Li bell aledged only was said to he borrowed to Pay a passage
from New Yorke which was all that had any Colour of Marine Neature
in it a prohibition was thereon obtained but disr^arded & decree past
for the Debt and Excesive costs taxed thereon and notwithstanding an
appeal made yet Exetnition was granted and your Compl*" further alledge
that the said Christo' Cxale which Chief Justice notwithstanding the

29

226 COLONIAL RECORDS.

privolidge of his office was by an admiralty Warrant from said Porter
made a prisoner and held in Custody in a most Violent and Illegal
manner

5 Another case in that court was Brought By a poor mariner belong-
ing to a Vessell cast away that sued for his wages but the Master being
advise that the wages were due there being effects saved & that the mas-
ter was cognizable in Admiarlty Comply'd with matter but the sailor
first went to the Roister to know the Charges who told him it was
matter these having no court held on it upon which was Compromised
& the Sailor discharged the Master and told the Register to dismiss the
suit but afterwards Judge Porter refused to permitt it to be so dismissed
Saying his Court should not be made a of and held his court not-
withstanding & Condemned y* for not prosecuting his suit in exces-
sive fees & charges & the the sailor being poor and unable to pay it to
save himself from being thrown into Goal thereon was forced to sell
himself into servitude to discharge the matter

6 Another affair in Admiralty was at Port Beaufort where the pro-
ceeding were so Violent and Arbitratory that it hath been so deservedly
Exclaimed against in other countrys three Vessells and their Cargoes
were seized & prosecuted tho not the Fraud or Coulor of it appeared
the Matter was there was Some Dispute between two persons about the
Naval office the old Officer refuseing on some pretention to deliver up
the office till further orders from the Governour Still Continued to act
and the new Officer Claimed it the Masters who as it appeared too were
Ignorant of the matter on their Arrival Entered with the old officer who
still continued acting in the office upon a consultation with the then
Grovernour Sir Richard Everard & Judge Porter the said Vessells and
Cargoes were seized and Libelled on the statute 15*** Charles IP that
forfeits Vessells and Cargoes if thcmaster does not Enter a Report or
Manifest of his Cargoe with the Naval Officer on Tryall notwithstand-
ing all the disadwenture the master were under the proceeding appeared
so Barefaced & not the Least colour of Fraud in them that the. Judge
acquited the Vessells that were seized which if the act was broak ought
to have been Condemned & an Injuries was done to the King in acquit-
ting them. & if the act was not broake there was no offence Committed
and the Libell should have been dismissed & the parties acquitted from
any costs but the masters were Condemned in the most excessive costs
and Charges amounting to several hundred pounds to satisfye which
their cargoes nay their sail and rigging were siezed & exposed to sale
which wholey disposed their Voyages and utterly ruined some of them

COLONIAL RECORDS. 227

to the exceeding great discouragement of Trade & Great Complaints was
made thereof from the owners of New England to the Government here
and the matter in the General Assembly was voted a great Geivanoe &
remonstrated In an adress to the Grovernour as such for some redress but
thro the Indolence or favour of Sir Richard Everard then Gov' the
matter was husht and no remedy cou'd ever be obtained

7. Another affaii; in Admiralty was at Bath Town on as frivilous pre-
tence on West for Entering as was pretended with the wrong officer on
which the man was condemned and thrown in Goal & obliged to pay
seventy pounds to be released & coming to Edenton thereon for redress
was unfortunately drowned.

8. Another Case before the Judge was between Cook and Phelpson on
agreement at Core sound to pilot a Shallop to an Inlett some little dis-
tance in the same precinct and the vessell was Lost (tho no fault appeared
in the Dep^ nether) and on suggesting that the contract made at Ijand a
prohibition was granted but disregard and the Defendant condemned in
Damages & Great cost Committed to Goal in Execution

9 Another affair in said Court was conoering a Boat belonging to
James Trotter of Edenton the Judge under some slight pretence that she
Ijelong* to the Bristol man cast away mentioned in the third Article fore-
going tho in truth it was not so) onlered his Marshall to seize her which
he did & sold her without stny.contestatian of Title permitted to the said
Trotter tho Claim was made by him who wholey Lost the vessel thereby

10 The next case before the said Judge was the Famous case against
Judge Harvey Exec" who was formerly Judge of the Court of Admi-
ralty here It would be too tedious to repeat y* whole proceeding here
which were (»rryed on in unparelled manner there was three distinct suits
made of it for what Reason is very obvious when it is considered what
y* fees amounted to in every case according to the method in that Court
used tho it is plain no new suit at all ought to have been Instituted therein
if there had been occasion for any Inquiry in affair The matter was the
collector at Bath some years ago had seized some goods of one Capt Phippen
for w*** he cou* pro** no Cocketts (tho the collector as was then offered to be
made appear told the master he would pass the matter by for a peice of
Calico) a suite was brought for the affair before Judge Harvey & on hear-
ing the master alledged some accident and prayed time to produce some fresh
certificates whereupon the Judge ordered the goods to be appraised and de-
livered the owner on his Giving security in a limited time to return cocketts
on Dei>oHit the money to be forfeited in case of failure of the Goods appraised
at Fifty pounds which was Called Stirling and the money was allowed

228 COLONIAL RECORDS.

by the Judge to be deposited at 50 *^ cent in Bills agreeable to y* Laws
of the Country as in all Bills Bonds <fec Sterling were to be paid & the
master finding it would be a great Charge to send for fresh Cirtificates or
thro neglect failed in the time Limitted to produce them and the money
deposited was according to the decree of the court forfeited & Distributed
as the Law Directs so the matter rested for some years till stirred by
Judge Porter who writt to M' Ottvall to forward the matter which at first
was pretended to be only concerning the Informers part there being some
private dispute about it between the colector and the attorney that prose-
cuted it who by agreement with the collector was made Informer and
prosecutor in the original suite by the thing grew upon hand till at length
three found suites were made of it against the Executors of Judge Har-
vey deced & against William Little Agent therein pretending Judge
Harvey had done amiss in suffering the money to be paid at 50 ^ cent
& that the said agent had done amiss in recieving and paying it so tho
by order of the court & tho it was subjected that if Judge Harvey had
carry e<l in his Decree any person Grieved might have appealed & that
Judge Porter the present Judge was not supreme Judge to reverse the
Decrees of the former Judge mucli Less could he subject his Estate to
Damages about it Especially since it was appearent Judge Harvey
recieved nothing of it nor any gainer by but on acted Judicially therein
and the affair properly cognizable before him and in behalf of said Little
it was objected that he reced and payed by order of court and cou'd be
Lyable for no more that he reced and it was farther objected too that
regularly no new seut» should have Been brought upon it only the former
parties cited in an examination <fe Enquir)' duly made if the former decree
had been done and Executed if not then to have comply d with and so
was Judge Porter from home on his of the affair Directed to have

proceeded upon it but notwithstanding all this Judge Porter proceeded
upon several Extraordinary decrees to condemn Judge Harvey Estate in
Damages and costs amounting to several hundred pounds to make good
out of his Estate what Judge Porter was pleased to Imagine Judge Har-
vey ought to have decreed and the said Little was condemned great sums
to make good what Judge Porter was pleased to Imagine s"* Little ought
to have reced tho he both rec'd & p* according to Judge Harveys order
whose estate too at the same time is Condemned for making the order so
<fe tho nothing is Plainer than that the said Little could be accountable
for no more than he recieved by the courts order that appointed him
Agent therein

COLONIAL RECORDS. 229

From these decrees an appeal was made to his Majestys Councill &
Security offered but it was dcnyed by the s* Judge tho in such cases
appeal from the plantations can to his Majesty because they are not

cognizable before y* Judge of the high court of admiralty in England
Seizure & forfeitures on the acts of Trade l)eing Tryable at Common
Law only & are there brought in the Exchequer but in the plantations by
a special act of parliament are made Triable in the courts of Admiralty in
the plantations but that give the court of Admiralty in England no juris-
diction of it & Therefore it is that all appeals in such cases from the
courts of admiralty in the plantations are to the King in Councill also
and on suggesting all these Extrajudicial procee<lings prohibition was
obtained but wholey disregaixled & Exet^ution made out against the said
Littles Estate, & his Instate seized thereon which was aftem^ards Replu-
reic^ & on Tryal at Common I^aw discharged) the P^xecution in Admi-
ralty after such appeal interpose<l and prohibition to y* Judge being
Deemed Null and void, whereupon the said Judge Porter afterwards
Granted another Execution for the very same matter matter against The
said Little Body who was violently taken into custody & his House
attempted to l)e broak open and he to save himself from Groal was com-
pelled to pay the very great sum of money which the Porter recieved
himself as can be proved and as farter instance of the said Judges unjust
and partial proceedings the complainants AUedge that said William Lit-
tle haveing in the suit aforesaid Excepted against the said Porters being
Judge in his coure for the open and known Enmity the said Judge bore
him and accordingly put in his plea Recusation & tho it was drawn in
the very form and manner Directed in the civill Law books which in
such cases allways allow it a sufficient Yet the said Little was by

the said Judge very harshly Treated for it & fined the sum of one hun-
dred pounds & some time after notwithstanding there was prohibition &
an appeal two for the decrees yet the said Judge before any Admonition
given which the course of those courts require made out Execution
s^rainst the said Littles Body upon it who was taken unto custody by the
Marshall who by the Judges Express orders attempted to Dragg the said
Little out of his sick Bed where to appear and he Lay dying not able to
get out of his Bed but as helpt which in human action was lookt only
all as a Shocking instance of the Judges Malice and Barl)arity proceed-
ings tho it sufficiently showed what reason the said Little had to make
his accusation against him. ^

And further the said Complainants alledge that in the said suite they
applyed to the Register for copies of the said Decrees they were told by

230 CX)LONIAL RECORDS.

him he had them not but tliat the Judge had Carryed them not but that
the Judge had Carryed them out of Town to correct & amend & some
days after the said Judge having returned them to the Roister he then
refused to sign copies of them alledging they had been altered & he could
not on oath cirtify them for Copies of the Decrees passed in Court so the
Def* could get no copy of them

And the said Complainant alledgist complaint they have great Reason
to bel've and Give Sufficient grounds for it that the said Judge hath
often promoted and forwarded suits brought before him and hath been
assisting in Drawing Libels if not Wholly Drawn by him who some
time agoe gave out that he had Elleven Libels ready on proper Occation
which were Understood to be Chiefly against such as he had known
hatred and Enmity too and the said Judge having tho without any foun-
dation as the Compl*" believe Informed the Hon" the Commission of his
Majesties Customs that there was in this Country great frauds and con-
cealments of the Kings monies he was more Upon by them Impowered
to Recover the same at his own court on and agreement an agreement as
the Com**" has been informed to have part of what should be Recovered
and there upon the said Porter hath Caused suits to be brought against
persons before himselfe and so was Judge Impropera Causa l)eing therein
both Judge and party which is Manifestly Unjust

11. Accordingly suit was brought before him in the Kings name
against Christo' Gale Esq' about a Bark Cast away at Core sound many
years agoe and tho suit were brought in Admiralty in the time of it to
condemn her for the King and the Decree was against it and the said
Grale appointed one the agents to Keep the Effects saved for the owners
after Salvadge and wadges paid which Effects fell much short of. Yet
now without the least real reason suits is brought in the Kings name
and great Vexations and trouble Given the Def* for which it being
Craftilly Done in the Kings name no Cost Could be obtained for time

The next suit in the said Court was brought by Sir Richard Everard
against David Osheal and Bond entered into at Edenton as security for
the faithful 1 Discharge of a Naval office which l^eing so Clearly out of
the Admiral tys Jurisdiction a prohibition was granted which was not
only Disrc^rded as Usuall but it was deemed a Contempt to the Court
to offer and the said David was fined £50 and Imediately by the Judges
Order Draged away to the Common Goale in a verry rough manner
which was broke open on the occation And with the Judges assistance
the said David was thrust in and another Lock put on and he Loct up
and kept till weary of so Noisome a place the Gent was compelled to

COLONIAL RECORDS. 231

pay the money to be Discharged which the Judge also recieved himself
Another suit in Admiralty was brought in the name of the King on
the foremeutioned pretext of Monies Due to the crown Consealed against
William Ijittle for the Kings third of a small Seizure made at Bath
Eight or Ten Years agoe when the said Little was appointed agent and
the Condemnation money came into his hands and tho it appeared by
Accounts that the Kings third amounted to but £39:7 bill money and the
said Little offered the Judge a full Discharge from the collector for the
Kings part and tho no pro8e(^ut€ appeared yet the said Judge would
retain the suite and compelld the Def* to give Baile to the sum of £600
this Currency and tho it was Urgeil that no Baile Shoold be required
nor no new suite Indeed Instituted only the partie Cited to shew and
that such Excessive Bail was againts Magna Charta and the Laws
and Liberties of an English Subject it did not availe the Judge replyd
if the Def* was Cleare the Baile Could not be no harme not Considering
how unjust it is to be Deemed Exorbitant Baile and how Difficult it
might be for the Deffendant to find such Lardge Security which if he
did not he must have gone to Goale

12 Another Suite also was brought against the said Little who being
reciever of the Tenth of the fishery had recieved a small Quantity of Oyle
in Certain Contracts made at Land with the Whalers but being so Noto-
riously wrong in the matter and since the present settlement and support
of the Lawes finding a prohibition Coming he thought fit to Dismiss
the suite himself

13 the Last prosecution in his Court was against the saide Little and
William Mackie Esq" provost Marshall and Robert Faster Grent the
Court, the said Little finding prohibition being Disr^arded and no stop
to be put to the said Judges Arbitrar}' prwreedings for the Injurys done
them and for the monnies so Unjustly Extorted from them brought
action at Common Law against the said and his Marshall upon which
these prosecutions were brought in Admiralty Viz* against the saide Lit-
tle for Ofering to comence seuites and against the Clerk of the Common
Law Court for Granting process and the Marshall for serving them In
high Contempt of his court as the Judge was pleased to Call it which
Suites has been Drapt to such Unheard of proceeding while the reignes
of Govem* were so loose in the late times caused an uncomon ferment
among the people now knowing where these Violencies would end one
thing more Your Comp'** beg leave to observe that altho the admiralty
fees are here stated by I^aw and verry high too Yet the said Judge with-
out any regard to them or having any Instructions or LawfuU warrants

232 COLONIAL RECORDS.

Arbitrarily asumed to Impose what costs he pleases and hath Constantly
Done it in a very Exhorbitant manner and as appears by afor^oing
Case above It is Teen time more than the Debt

May it please your Excelly Your eomp^** having now gone there with
the Narrative of the Cases into y* Court that they avoid making any
Reflections on them or giving those terms the proceeding really deserve
& would be natural on such occasions being satisfied they must appear so
Monstose that they rely upon Representing the bare facts but b^ leave
only to make this observation that these are all the cases that have ever
been before the said Judge and Unhappily for the Judge it is remark-
able that in Every one of them he hath most apparently proceeded with
partiality and Prejudice or Extrajudicialty in an arbitrary and unlaw-
full manner in oppression of the subject and manifest Preversion of the
Justice whereby your complt^ and divers others have been greviously
Injured which hath Induced them to lay the Complaint before your
Excelly to whom the matter in most humble manner is submitted humbly
praying that the said Judge may thereon be suspended or the matter be
represented & and such course taken as your Excelly in Great Wisdom
shall thereon think Just and proper W" LITTLE as Sup

North Carolina — ss.

At a council held at the Council Chamber in Edenton the 14*** day of

May Anno Domini 1731

Present

His Excelly George Burrington Esq' Gov' &c

r William Smith Edm^ Porter ^ Esq" Members

the Honoble < Robt Halton J no Bap* Ashe V of His

( Corn' Harnett j Majestic Council

His Exce"^ the Governor was pleased to deliver a paper directed to
this Board in the ffollowing words Viz*

Gent of the Council

Some debates arising yesterday at the Board upon Enquiry of the
affair of the late councils Complaint against Sir Richard Everard Bar*
late Grov' pursuant to his Majesties Instructions which I think were
fully clear* up and being willing to have those matter then debated aper-
tained in such manner as I may before I proceed further know you senti-
ments therein I desire your oppinion and answer in writting to the
following Question if his Majesty Commands one by an Instruct
tion to Enquire into any affair or if any thing comes before me to be

COLONIAL RECORDS. 233

Enquired into for his majesties service & for my better direction therein
I lay the same before the Council Whether as it is their Duty to advise
me in all affair of Governm* the Council is not oblidged in such Cases
to give me their Oppinion & altho the affair be directed to me only and
the council not mentioned 2* — this affair of Sir Richard Everard
being only an Enquiry in order to form a prosecution thereon if it shall
be found Necessary I desire Your oppinion Wheither any Persons being
Compl** is a Sufficient objection against their Evidence being taken to
prove any matters they have Informed on their own knowledge

GEORGE BURRINGTON

North Carolina — ss.

At a (x>uncil held at the Council Chamber in Edenton y* 15*** day of

May Anno Domini 1731

Present

His Excellency Geo Burrington Esq' Gov* &c

( Will Smith Edm* Porter ^ Esq" Members
theHonoble< Robt Halton Jo* Bap Ashe > of his Majesties

( Corn' Harnett j Council

His Exce"^ the Gov' delivered the following paper to the Board Viz*
Gent of the Council

Upon a Message from the Lower house Last Tuesday Concerning
assistant Judges Seemed the oppinion of the upper House on {>enising
the Cheif Justices Warrent that he had by it the sole power of holding
the General Court but upon Reading my Commission and the Eight
Instruction I see his Majesty has directed me to appoint Assistant Judges
which Instruction I now lay before you and your opinion upon the fol-
lowing Queries: 1. Whether assistant Judges appointed pursuant to
that Instruction have not power as such to give Judgment in all Cases
as Judges in Great Brittiau do? 2. Whether the allowing the Chief Jus-
tice to be Sole Judge would not Establishing a common Ijaw Court con-
trary to the Constitution of the English Ijaw and against the meaning
of his Majesties Eight Instructions to me and in the Choice and Nomi-
nation of the Members of our said Council as also the Chief officers
Judges Assistants Justices and SherriflFs you are always to take Care that
they be men of good life and well effected to our Grt>vernment & of good
Estates and abilities and not necessitous persons the Eight Instructions
near the Meddle of my Comission are these word following

And we do hereby I m power and authorize you to cx)n8titute and
appoint Judges and in Cases Requisite Comisioners of Oyer & Terminer

30 GEORGE BURRINGTON

234 COLONIAL RECORDS.

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 18*"* Day
of May Anno Domini 1731

Present
His Excell^ George Burrington Esq' Gov* &c

r William Smith Edm^ Porter ^ Esq' Members
the HonbIe< Rob* Halton Jo" Bap* Ashe V of his

( Corn' Harnett j Majesties Council

Ordered that a comission of the Peace Issue for tlie the Precinct of
Curratuck Directed to Tho' Taylor Sen' John Etheridge John Wood-
house John Mann Moses Linton Henry White Francis Morse Ralf
Mathan Tho' Robbs John Martin Richard Hodges and Tho* Davis
Grent Constituting and appointing them Justices of the Peace for and
within the said Precinct

Ordered that a New Commission of the Peace issue for the P'cinct of
Perquimons Directed to Machrora Scarborough Richard Sanderson Jun
Ezeakiel Maudlin John Wiat Samuel Swann Zebulon Clayton Jacob
Perry James Sumner James Norfleet Thos Doctou Thomas Norcom
Thomas Spri^ht and Moses Spri^ht Gren* Constituting and appointing
them Justices of them Justices of the Peace for and within said P'cinct

Ordered that a New Commission of the Peace Issue for the P'cinct of
Pasquetank Directed to John Palin Esq' John Solley David Bailey
Charles West George Linnington Simon Bryan Thomas Palin John Boyd
Nath* Hall Gabreal Burnham John Relph Aliell Ross Joseph Reading
James Pritchard Gent Constituting and appointing them Justices of the
Peace for and within said precinct

The Council desiring tlie Gov' they may be paid as usual Ten shilling
a day paper money of this Province Each for their attendance During
the time the Assembly were sitting pursuant to the Resolves of Both
Houses the same being usual and Customary and also that their Demands
may be Entred upon the Council Journal to which Request the Gov'
answered that he agreed the Request or Demand afore Said shoidd be
Entred in the Council Book but would sign no Warrent for the pay-
ments of either the Council or house of Burgesses until lie had Recieved
Orders from the Lord of Trade and plantations.

John Bap* Ashe Esq' delivered in the two following Papers to His
Excell^ the Grov* and pray'd the same might be Entered in the Council
Journal which papers are these words Viz*

COLONIAL RECORDS. 236

To His Exoelly the Gov*

May it pease youk Exoelly

In answer to the Query put by you relating to the bill of Ascertain-
ing officers Fees and payments of Quit rents I say

As it is known and Confesed by all people that there is not Gold or
silver Coin Enough in the Country to answer y* above one Tenth part of
the payments of Rents

I am of oppinion that the Assembly have Endeavoured to answer his
Majesties Intention as near as may be in proposing something as are
Equivolent & if I am rightly Informed that Tobacco in Verginia at
ten shillings ^ Hundred Equivolent to there Currency of their Tobacco
here & I take Eleven shillings *^ Hundred will appear to be an equivo-
lent to proclamation Money being nearest as ten to Eleven and if and if
a Clause be incerted in such act declaring that it shall not take Effect as
to the Rents His Majesty be pleased to confirm or approve the same I
think the King can recieve no prejudice thereby and what makes me
propose such a Method is that provission might be immediately made for
officers Fees & roistering of Rents His Majesty having in his nineteenth
Instruction directed that all those Matters should be Included in one and

the same act.

JOHN BAP ASHE

May it Please your Excelly

Having this prepared at the Day appointed for the Consideration of
your Excellys Query to which it is an answer & your Excelly before
putting it in prorogued the Assembly I not withstanding prefer it to
shew your Excelly I would in the least be backward in Complying with
any of your Excellys Comand

JOHN BAP ASHE

To His Excelly the Gov' &c

In answer to the paper put into the Council by your Excelly relating
to debates which had arisen at the council Board on the Emjuiry of the
affiiir of the Late Councils Complaint against Sir Richard Everard Bar*
Gov' which you say were not fully Cleared I beg leave in ortler to put
that matter in a Clear light to recite it just as it happened some of the
Council observing His Majesty in his Instruction to your Excelly relat-
ing to that affair had stiled both sides parties and (as it were) seems to
have Directed that their Respective all^ations should have been sup-
ported by Witnesses ordering that they should have free Liberty to

236 COLONIAL RECORDS.

Examine Witnesses Observing Likewise that Sir Richard Everard Bart
had not Offered his own Evidence to support his charge against any of
the council observing moreover the great heat and Animosity which
seemed to he between both parties doubted Whether they mought be
admitted as Evidences to support their own Charge upon this your
Excelly was pleased in very Express & Emphatical Terms to declare
you are resolved to admit them and immediately thereon Demanded the
oppinion of the Council wither these should be admitted as Evidence this
with due submission be it spoken I did not look as a becoming Treatment
of his Majesties Council from the Gov' and therefore as you had in so
positive a manner given your Resolution I then forbore giving my oppin-
ion in which I hope I transgressed not the Rules of good manners and
all was out of my Duty and now in answer to your first Question with-
out presuming to Determine what his Majestys Council is obliged to do
I assure your Excelly that for my part in all affair of Government
wherein I ought and shall be consulted I shall out of the great Loyalty
I bear to his Majesty's Shew a great Readiness in giving my oppinion or
Indeed of doing whatever else in me lyes which may conduce to His
Majesties Service

As to your second Question I b^ leave to refer your Excell^ to what I
have said before in Relation to the observation on his Majesty's Instruc-
tions which If it be not thought of sufficient weight as the Question
Seems as stated by your Excell^ to be a point of Law and Indeed the
Gent of the late Council having desired Council to be heard on it I b^
leave to suspend my Judgement till (by hearing what their Council shall
offer to maintain That tteir own Evidence will be sufficient to support
their all^ation) I shall be better Informed I beleive indeed on a Crim-
inal prosecution an Informer may be admitted as an Evidence for the
King but then in such the Crime & it nature ought (as I take it) to be
precisly and Expresly alledged and set forth

JNO BAP ASHE

William Smith Edmond Porter Jno Bap* Ashe and Cornelius Harnett
Esq" delivered the following paper To His Exoell^ & prayed the same
might be entered in the Council Journal which was in these words Viz'

To His Exceli/ the Governour &c

We are surprised that Instead of the usual method of openly debating
by word of mouth in Council and after debate of entering resolutions
your Exoell^ is fallen only into this of only stating Questions in writing

COLONIAL RECORDS. 237

and Demanding answers thereon. What lead us to take notice of this is
that your Exoell^ having been of the same oppinion with us in this case
relating to the Message from the Lower House of Assembly Concerning
the assistance as will appear by the answer to the said message as you
now have if you have altered you oppinion perhaps on hearing argument
used by you which may have moved you we might be convinced and
Retract with your Ex(«ll^ But since it is your pleasure we submit to this
Method

And in answer to your first Question after premising that in his Maj-
esties Eight Instruction there is no mention made of Assistant Judges
but only of assistants (not saying what Assistants) and that we think it
with submission improperly said assistants Judges Appointed pursuant to
that Instruction because that Instruction directs not nor Comands the ap-
pointment of Aasitants but only supposing it prescribes realy to be ob-
served in Choosing fitt persons for that among other offices So that no In-
ferrence Can be made from thence but of those being (and that only by
Implication) none of their power therefore till we are better Informed
what is their Power we Think we cannot pretend to Determine whither
it is Equal in all cases to that of Judges (not saying what Judges) in
Great Brittain.

But perhaps your Excelly may Object to us that we (by Implication
at least) acknowledge their being or that they may be & may ask what
then is their power or use to obiate which we answer to Inform & advise
if in the Chief Justices or the Supream Courts) as we conceive and not
to adjudge and in this senoe we believe the word assistant to be taken so
the masters in chancery are styled assistants to the Chancellor

As to your Excellys Second Question we say that we find that his
majesty in his Warrant for that purpose Orders and Directs that Let-
ters pattants be passed Constituting and appointing William Smith Esq'
Chief Justice of this Province with full power & authority to hold the
Supream Courts of Jyudicator &c Now we b^ your Exce"^ to give us
leave to ask Whither there is a power greater than a full power & Au-
thority requisite to hold Such Courts No to this whole Query we answer
therfore negatively because we are of Oppinion such Establishment is
not Contrary to the Constitution to the Constitution of the English Laws
nor Indeed to his Majesties 8*** Instruction.

But had our Oppinion been otherwise we ought Rather Modestly &
Cautiously to have represented it to his Majesty than to have reflected on
his Justice by asserting it in such a manner as an affirmative answer to
this Queery (it should seem) would lead us to As to the paragraph

238 CX)IX)NIAL RECORDS.

recited out of your Excellys ComissioD We beg leave to say that we Can-
not See how that is applicable to the present case because there may be
Other courts and Judges whose Authorities Interfere not with that of
the Chief Justice & his Or the Supream Courts & that such may be
appointed I beleive none has Denyed nor Indeed do we deny but Assis-
tants may be in his or the Supream Courts with their proper power but
we think we have hitherto found no Sufficient Reason to Remove us
recede from the answer we gave to the Message of the Assembly Viz*
That the assistants had not a Judicial power

WILLIAM SMITH
EDM* PORTER
JNO BAP ASHE
CORNELIUS HARNETT

Mr Chief Justice Smith deliv* to His Excelly at the Council Board
the following paper which he Desired might be Entered on the Council
Journal which was in these word Viz*

To His Excelly the Gov'

Since your Excelly has been pleased to demand an answer in writing
to two Queeries preposed to us by your Excelly I with great Chearfull-
ness Embrace the oppertunity to Declare my Sentiments which hitherto
I have been forced to conceal being Deterr* therefrom by the Displeasure
of your Excelly whenever I was so unhappy as to DiflTer in oppinion
from you I cannot but think y* Qeeries proposed by you Excelly to be
very Extraordinary at this time seeing that after the whole Council very
much Doubted whither the evidence of the Gent of the Late Council
ought to be taken in their Own behalf your Excelly was pleased to
declare that you was Bound in Honour and Consience to take their Evi-
dence so that with due submission this Queery seems to be unnecessary

In answer to your second Queery I humbly conceive that His Majesty
by his Instruction Calls both Sides parties & by His Directing Each
partie to Examine Witnesses it may easly be Imagined that his Maj-
esty expected that they should support their charge by other Evidence
than their own It is very unaccountable that the Gent, of the Late
Council should have nobody but themselves to make out a Charge in
there are several things that one would think must have been known
to many Others and by their praying that it might be put off till the
return of M' Gale when it is very much to be doubted whither he will
ever return & when it is well known that Sir Richard Everard pretends

(COLONIAL RECORDS. 239

to leave this Province within a few days Seems to make the Char^
without any foundation & to be only the Effect of personal resentment
without any View to the service of his Majesty or the Interest of thi»
Province

9

These may it please your Exoelly are my humble Sentiments and I
have no Other End than to do my Duty in my Station So I never
shall be lead into arbitrary and Illegal measures tlirough any Tempta-
tions of Fear or Interest

WILLIAM SMITH

Adjourned till tomorrow morning 9 of the Clock

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 20*** Day of

May Anno Domini 1731

Present

His Exoelly George Burrington Esq' Gov' &c

th H 11^ William Smith Rob* Halton 1 Esq" Members of His
\ Jos Jenoure Corn" Harnett j Majesties Council.

John Montgomery E^' produced to this Board His Majesties Warrant
under his sign manuel directing that Letters pattents Issue under the seal
of this Province Constituting & appointing him the said John Mont-
gomery Attorney General therein

Ordered that L*" pattent Issue for the same

M' Chief Justice Smith declaring that there was not a Council Suf-
ficient to do business the Gov' in answer thereto Acquainted the Board
that he yesterday morning directed the Marshall to summons all the mem-
bers of Council and the Marshall being called acquainted the Board that
he Summoned M' Smith M' Jenoure M' Halton M' Porter M' Ashe and
M' Harnett which (Except M' Secty Rice who was gone to South Caro-
lina) are all the members as yet Qualified to attend the Gov' in council
this day at nine of the Clock in the forenoon

M' Chief Justice Smith resin'd his place as a member of his Majesties
Council for this Province

His Excelly the Gov' Returned and answer to the paper given in at
this Board the 18"* Instance by M' Chief Justice Smith in these words
Viz*

M' Chief Justice

the King having Comanded me to Enquire in to the Complaints made
to his Majesty by the late Council against Sir Richard Everard late Gov'

240 CX)LONIAL RECORDS.

and by Sir Richard to the Duke of Newcastle against several members of
the then Council I was to proceed therein with the utmost care & Cau-
tion and having and having had your Cheerfull assistance in taking
Depositions on Sir Richard Complaint against the members of the
former Council I expected the same readiness upon Enquiring into the
Complaint against Sir Richard in which are some things that concern his
Majesty's Person & Dignity & for my better Guidenoe in so nice an
affair I was desirous in several matters to have the advice of the Council
but found so much warmth in some and so much backwardness In others
that Induced me to put two short and plain Queeries to the Council that
required only as short plain & Direc^t an answer but Instead of M' Cheif
Justice has in a long paper flew of from the plain Matter Stating it Dif-
ferent from the Questions I put & wide of the purjxjse you maketh doubt
to be as you word it whither the Evidence of the late Council ought to
be taken in their own behalf tho it is manifest the enquiry is in behalf of
the King & having once got out of the jiath you go on further in the
same way and say hLs Majesty nameth both sides Parties and would inferr
from thence that these Gen' in their Information are parties in it as tho
the Enquiry is to be carr'd on by order of the King in their behalf is
the Cheif Justice in earnest in this His Majestys Instruction is to make
Enquiry into the Compl** and if found needfull to make a prosecution on
it & I dare sav the Chief Justice will not denv to mlmitt those Gen' that
Informed or Complained against Sir Richard to be Evidences for the
King in Case prosecution is Onlerwl pray then M' Chief Justice how
can I fully Enquire If there ho suflficient grounds or not for a Prosecu-
tion if I may not have the same Evidence that may lx» given on the prose-
cution & as the prosecution if Ordered would l)e in the Kingl)ehalf also
& I shall think the Chief Justice ought to lx» tho Ijast man to del)arr the
King from the Evidenw that may any wise appear in his l)e»half I can-
not tell what Turn might l>e given to such slighting over the Kings Evi-
dence you go on in the same strain that it is unacouutable that the G^n'
of the Ijate Council have no Evidence but themselves & do you really
think it unactxnintable that men may Inform the King of their own
Knowledge or would that at all Invalidate their Evidence tho the Ques-
tions I put was neither their Evidence^ might not lx» taken in any thing
they had informed the King of their own Knowledge but what is more
surprizing Still is that the Chief Justice should prejudge the matter l)efore
one Evidence is lieanl on it and allow the charge to l)e without any foun-
dation & only the effect of Personal Resentment without any View of
ser\nng his Majesty & this under your hand & in a matter to that may
come Judicially before you

COLONIAL RECORDS. 241

I leave yon sir to reflect what may be said on it and how farr this
would be thought obeying his Maje^stys Instructions but befoi'e I Con-
clude I must take notice of the Indecent manner you begin your paper
intermating that you have Ixien forced to conceal your oppinion if Con-
trary to mine being deterrM by me this would be a Hevy Charge against
me if true but it happens to be so well known* with w^hat remarkable
temper and Deliberation I have Proceeded in this and all other Matters
and Causes that have been transacted or brought l)efore me in Council
that it gives me very Little Concern as to my self I only look upon as
an Effecrt of that Rash Inconsiderate way you are so apt to be led into
& which 1 have so often in the mildest and friendlvest manner Cautioned

»

vou Against

GEORGE BURRTXGTON .

His Excel ly the Gov' Delivered the following paper in answer to the
paper giving in at this Board the 18*** Instant signed by M' Chief Justice
Smith M' Porter M' Ashe M' Harnett and ordered that the same l)e
entered in the Council Journal &a copy thereof delivered to them forth-
with which was accordingly Done which was in these Word Viz'

To William Smith Edmond Porter John Bap* Ashe and Cornelius Har-
nett J]sq" Members of the Council

Gen'

I have read your Joynt paper about assistant Judges T must own the
paper came from the Lower house to Know the power of Assistant Judges
I did not oppose the answer Sent by the Upper house to it Neither Did
I declare my Oppinion upon it afterwards Reflecting further upon it
& Operning my Comission & Instructions & Considering Indeed the
Nature of the thing I could not think it Right and for my own part When-
ever I am Wrong I shall alwavs think it l>etter to Retract as vou call it
than Obstinately to Persist in an Error T was willing to have the
debate Resumed & in order thereto put in two plain (Questions the Coun-
cil for their Oppinion which might Easily been as plainly answer But
your paper upon it Runn into Niceties and distinctions forreign to that
purpose you ask mo if the warrant for the Chief Justices Pattent Doth
not Call it a full power & authority to hold the Court but then Certainly
it must be understo<xI in a Legall way it doth doth not say by himself
only & therefore must Intend as the Usage Ever has been with assistants
Which assistants my Comission and Instructions directs and impowers
me to appoint tho you wisely observe upon it that it doth not so much

242 COU)NIAL RECORDS.

direct me to appoint them as Supposeing of them it directs the Rules to
be Observed in Choosing them This I think make the matter much
Stronger for it takes it for granted that they ought to be appointed but
then you say the Instruction doth not say assistant Judges this is a pritty
Extraordinary Construction of one of his Majesties plain Instructions
when the Instructions Couple Judges Assistants Justices &c Besides
the Instruction which you had l>efore you forbids me Establishing

any new Courts or desolving any already Established and it is well
Known the General Courts here hath Constantly been with Assistant
Judges that have had a Judicial power & I cannot help beleiving that
the allowing the Chief Justice to be sole Judge of that Court would be
erecting a new Court but you seem to recede from all that & allow there
should be Assistants but of what power or Use«should they be why
truly to Inform and advise the Chief Justice as Masters in Chancery
For my part Gent I was not bred a Lawyer but I never heard of a Com-
mon Law Court where the business of any of the Judges was to advise*
only and Indee^l the Establishing of a single Judge of the Supream
Court of Comon pleas Seems Contrary to the very nature of it <fe I am
sure would \ye Establishing a New Court of Judicature here Contrary to
mv Instructions & no way for his Majesties Service or the good admin-
istration of Justice & should I allow it it might he Just matter of Com-
plaint against me as I am perswaded the Increasing of it would be against

thefient If he should Assume it

(GEORGE BITRRINGTON

Then His Excelly the Gov' delivereil the following Paper in answer
t^) the paper delivered by M' Ashe at the Council Board the IS'** instant
& directed to the same to l)e Entered in the Council Journal & a Copy
thereof delivereil to Mr Ashe forthwith which was accordingly done
which paper was in these words Viz*

To John Bap* Ashk Esq'

In the late debate about the Complaints against Sir Richard Everard
I put two short Queeries to the Council for their Oppinion I plainly
told in the debate my oppinion was that those Gent who has complaineil
against Sir Richard Everard might give their Evidence of any facts of
their own knowledge but desired y* oppinion of the Council that if I was
wrong I might be l)etter advised which I never think myself above
Rec^ieving but Instead of a plain Categorical answer M' Ashe has
branched out into a long discourse upon it while I cannot help thinking
quite evades the matter and I shall only sjiy I expected more Candor

COLONIAL RECORDS. 243

and plainness from you there is another paper you offer too about the
late Bill Concerning fees and Quit Rents but comes' quite out of time
Being after the Assembly was prorogued you make some adjustment
about tobacco in it which is not satisfactory neither but you mention
nothing of Rice that was Icerted for the payment of Quit rents you
propose too now it is over a Clause of referring it to his Majesty but I
Observed it not so in the Bill I shall only say I several time de-
manded if any person in the Council had anthing further to advance
upon it you say your paper was prepared y* day of the debate it
would certainly looked much fairer had you then offered it but being done
when the affair was all over seems very particular Your paper about
Assistant Judges which you have joyned with three more of the Council

I answer by itself

GEORGE BURRINGTON

His Excell^ the Gov' was pleased to desire the oppinion of the Board
Whither the officer attending both Houses of Assembly should be paid
for their service and attendance on the last session & y* Hono"** the Coun-
cil was of oppinion that his Excell^ the Gov' Issue Warrants to the pub-
lick Treasurer to pay the same which was done accordingly

His Excell^ the Gov' was pleased to Direct that the first paragraph of
M' Chief Justice Smiths paper which he gave in at the Council Board
the| 18th Instant might be read which was accordingly read in these
words Viz*

To His Excei.i/ the Gov'

Since your Excell^ has been pleased to Demand an answer in Writing
to two Queeries proposed to us by your Excell^ I with great Cheerfull-
ness Embrace the Opertunity to Declare my sentiments which hitherto I
have been forced to conceal being Deterr* therefrom by the Displeasure
of your Excell^ whenever I was so Unhappy as to Differ in Opinion
from you And the Gov' Desired this Board that they would Declare
whither or no there has not been all the freedom of debate imaginable
used at this Board and whither he ever Deterr* M' Cheif Justice or any
other member from ojKiuly debating every matter and thing that came
before them at this Board and the Council thereupon Declared that they
have not at any time since His Excellys arrival observed that any mem-
ber of this Board has been deterred or otherwise Hindred or obstructed
from debating openly and freely every matter any thing that has layn
before this Board

244 COLONIAL RECORDS.

Ordered that a comission of the Peace Issue for Chowan p'cint directed
to CoP Henry Bonner William Badham Henry Baker Tho* Luten Sam-
uel Paget John Ismay Jacob Blount Samuel Spruell Francis Pough
Aaron Blanchard William Roods Thomas Grarrett Richard Parker John
Sumner John Blount and Francis Branch Constituting & appointing
them Justices of the peace within the said Precinct.

Ordered that a Comission of the Peace Issue for the P'cinct of Beau-
ford & Hyde & Directed to Eward Salter Jno Snoad Simon Aderson
Robert Turner Samuel Slade Robert Peyton Thos Worsley Jun' Church-
ill Reading Tho* Smith William Barrows & W" Cordant Constituting
and appointing them Justices of the peac within the said p'cincts

Ordered that a C/omission of the peace Issue for the p'cinct of Craven
Directed to Capt W" Handcoc*k Cap* Daniel Shine Tho' Martin John
Powell Capt Tho' Masters Jacob Miller Jacob Sheets Martin Frank John
Formveil Jun' W" Brice Simon Bright George Whittaker and Walter
Lane Constituting & appointing them Justices of Peace Within the said
P'cinct,

Orderefl that a Comission of the peace Issue for the p'cinct of Carteret
directed to John Nelson Rich* Russell Enoch Ward Richard Whitehurst
Jaseph Bell Taylor Capt Arthur Mabson Francis Brice Elenzer

Harker and Chaddock Constituting and appointing them Justices

of Peace Within the said p'cinct

The Complaint of the members of the Late Council against Sir Rich-
ard Evcrard which was to have been Argued this Day and the Members
of the Late Council Appearing Sir Richard was sent for & the messen-
ger Returned & acquainted the Board that he was told Sir Richard Ever-
ard was not at Home but that M' Everard (Sir Richard's son) would
appear & answer in his fathers behalf to morrow morning which was
objected to by the said upon which His Excelly the Gov' & Council
taken the same into Consideration it was consented to that M' Everard
should appear in his fathers behalf

Ordered that y* Marshall do Sumons His Majestys Council to attend
his Excelly the Gov' in Councill to Morrow Morning nine of the Clock

To which time tlie Board adjourned

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 21"* day of
May Anno Domini 1731

COIX)NIAL RECORDS. 246

Present
His Exoelly George Burrington Esq' Gov' &c

{Joseph Jenoure Edm* Porter "J Esq' Members
Robt Halton Jno Bap* Ashe V of His
Corn' Harnett j Majesties Council

M' Everard in behalf of his Father Sir Richard Everard appeared

this day at the Board as also the Gen* of the Late Council Whereupon

reading their Charge against S' Ricliard Everard the Gov' & Council

were unanimously of opinion that none of the articles of their Charge

were sufficient Grounds of prosecution of the suit save the two last to

which the Gen* of the Late Council faild to produce Any Evidence to

support them alledgeing that Col* Harvey who was one of their Evidences

was Dead and Coll Gale the other was out of the Countrv

Carolina— ss.

At a Council held at the Council Chamber in Edenton the 22* Day of
May Anno Dom 1731

Present
His Excelly George Burrington Esq' Gov' &c

The Hon"' | Sbf Hafton I ^^ I^T^/i^ *»^ ?'«
(Corn- Harnett j Majesties Council

John Lovick Esq' late Secty came before this Board & gave in the
following paper in answer to the Several Depositions on the Complaint
of S' Richard Everard against him which was read in these words Viz*

North Carolina.

To His Excellency George Burrington Pisq' Gov' Cap* General & Com-
ander in Chief of His Majesties Province of North Carolina

The Remonstrance of John Lovick upon the Complaint of Sir Rich-
ard Everard against the S* Lovick & Edward Mosely Esq'

Humbly Showeth

that a Complaint being made by Sir Richard Everard to his Majesty
against your Remonstrant and E}dw* Moseley Esq' which your Exoelly
by his Majestys Directions has been pleased to Enquire into & Several
Depositions has been taken but they being all Matters sebsequent to that
Complaint & your Excelly and the Council yesterday Declaring your
Oppinion that such Evidence Could not be recieved to support that
Complaint and Sir Richard failing to produce any other Evidence the
said John Lovick Concieves the Charge must of Course drop and that it

246 COLONIAL RECORDS.

would be needful for him to answer thereto and that R^ularly as he hum-
bly Concieves they ought not to have been recieved as he had then been
p'sent he could easily have shown and fully have obviated then but least
those Depositions might seem to Reflect on the Conduct & Character of
your Remonstrant which he is desirous to set Clear before your Excel ly
he begs leave to make his observations on the several Depositions taken
& to shew how much they fall short of proving anything unjustifiable
against him the sum of them (for they all seem to tend to one thing tho
Variously Modell"*) is al>out some blank patents that Mr George Pollock
had your Remonstrant need not Observe the Constant method of signing
pattents has been to sign them blank but the occaasion of putting those
patents into M' Pollocks hands upon which the Clamour was Endeav-
oured to be raised was as followeth) when the line was for to be run
betwixt this Government and Verginia their being no money belonging
to the Lords proprietors in their Rec" hand to defray the Charge the
Gov' & Council passed an order for the sale of Lands to Reimburse it
& thereupon the line was runn to General Satisfaction & at a Charge
that has been thought no way immoderate your Remonstrance l)eing one
of the Comissioners the Creditt of that Order of the Board advanced
great sums of money towards the defraying the Charges and had lands
afterwards assigned to him to Reimburse the same and upon it sold out
to M' George Pollock Seventeen thousand acres but the said Pollock for
his greater Conveyance in taking up the Lands desired patents might be
left Blank in His hands not knowing in what Quantities he might take
it up which patent he was to fill up when the surveys were made in such
parcells as the whole should not Exceed that Quantity and the all to be
returned into the OflBoe to be Compleated on Record to all this Col Tho"
Pollock was Evidence then a member of Council who is readv to declare
(if called upon) the whole affair was in this manner & no otherwise
Neither is it pretended that your Remonstrant had any fee Rewarded
Gratuity for so Doing that if Mr. Pollock had Committed any fraud
about it Must easily have been Detected but that Gents Character is two
good to be suspected of such Vile practice nor indeed is it so much as
pretended that there has been the the least fraud or Design of it and
your remonstrant av^errs that he had no fee Reward or Gratuity Directly
or Indirectly for his so doing or was any penny Gainer by it

This May it please your Excelly is the whole of that affair that there
was so much pains taken by the Noise & Number of the Evidence to
swell it up to a Charge

COLONIAL RECORDS. 247

Having now giving this plain account of the affair it Self the said
John Lovick begs leave to Observe the amount of the several Depsitions
taken the first is M' Harding Jones who swears he saw a blank pattent
in Mr. Greorge Pollocks hands about twelve months since & that he said
something that made M' Pollock smile which is all that concerned the
said Lovick & may probably be true the next is M' James Castellaw
who Swears he saw four or five Blank pattents in M' George Pollocks
hands & that M' Pollock would have sold two of them but M' Castel-
law perswaded him against it this is the whole of this Deposition only
on hear Say and not to the purpose which being only hear say & is no
Evidence nor worth answering

M' Cullen Pollock swears that he had a Blank Pattent in his Hands
of his Brother Greorge Pollocks for one Thousand acres of Land and
that it is so Endorsed on the back by his brother which confirms what
yoiu" Remonstrant before related about it & there was no design of fraud
in it which the Gent Intrusted with them was alx)ve being Guilty of
M' Thomas Jones Swears he had an Imaginary Survey (as he calls it)
w°^ he gave the said Lovick in August or September Last and got a pat-
tent Dated in the year 1728 all the said lovick remembers of this mat-
ter is that M' Jones brought him one of the pattents M' Greorge Pollock
had with a Letter from the said Pollock to fill it up for Mr Jones but
there being some name or something in that pattent which made it im-
practiable the same was Destroyed and another pattent made of the same
date filled up which was what had been frequently done to other and if
the survey was not as it ought to be the said Lovick declares he was not
privy to it nor had he any fee or Reward for it nor in any manner one
farthing gainer so that all the account of that Is that M' Jones he Im-
posed a Sham Survey upon the Secretary which the present Surveyor
Gen" will Enquire into & see that no Damage Accrue to his Majesty .
therefrom

The Next is Doctor Allyn who swear he saw blank pattent in M'
Pollocks hands & heard a bargain between the s* Pollock & M' Jones for
two Thousand acres all is but Consistant with all that is already said
he Swears too that he has Seen a great number of Blank pattents with a
Reciept on the back for the purchase Money but the not Express* which
Seldom is but say* the Consideration money within mentioned & Except-
ing about five of which mention is made he knew any to go out Blank
nor beleives it & is satisfied If Doctor Allyn saw any it must be as they
Lay in the Secty Office or Rec' office and he dare to put the whole Cause
upon & is very sure where so much pains are taken if one single Instance

248 COLONIAL RECORDS.

more could have been found it would by uo means have bee Omitted
M' Nairn swears only to his beleif which if true the remonstrant averrs
was one of those pattents Left with M' Pollock and all but amounts
that he beleives he saw a blank pattent as is very likely & and agree
with what the Said Lovick has l^efore observed

M' Downing Swears he saw a blank pattent in Cullen Pollocks hands
& has heard of several others by report but can say nothing about it
himself

As to M' Pollock pattent it has been mentioned already as to what
heard by report its two uncertain to answer and therefore concieves it
ought not to have been Inoerted

The Last is M' Russell who swears that M' John Galland brought
a pattent down to Core sound to be filled up but that it was sent back
again & filled up in the oflBoe the truth of this Matter was there being
a pattent to be made out for Mr Russell the Survey Could not be found
in the Office & to save the man Coming one hundred and fifty miles the
Secty gave the pattant blank to Mr Galland his Clerk to get the survey
from the Surveyor and to fill it up and to return it to the Office & that
Mr Galland geting the survey returned that and the pattent to the Secty
to Copleat which was done in the offices as he Swears. Having now
gone there with the Evidence the said Lovick cannot help taking notice
how many were produced to the same thing Viz' that they had seen blank
pattents which ^)lainly with a Design to have it beleived they were Dif-
ferent and if it had been an offence it might have swelled the bulk of the
charge and looked the greater when in truth there was never only the
aforementioned and that done in the manner aforesaid which is humbly
Submitted to your Exce^*^ if there was fraud or ill intention in the said
Lovick there in but the said Lovick now b^ leave to give his Reason
why he Conceives the Evidences ought not to have been on the Enquiry
that was ordered to be made on the Complaint of Sir Richard Everard
for —

First they were all of matters since the Complaint and so ought not
to have been admitted to have made it good as your Excelly and the
Council have allowed 2* because is not one one Evidence that Evidence
that pretends to prove the least corruption or foul practice in the said
Lovick unless the bare signing of pattents blank be an offi?nce & if it
shall be thought a Crime Sir Richard Everard who was then Gov' and
without whose name no pattent could have Issued was not capable and
ought to have been the principal person in the Complaint Instead of
Complainer & one thing further as to Sir Richard the said Ijovick 1)^8

COLONIAL RECORDS. 249

leave to remark upon the Complaint the Order from Sir Richard to the
said Lovick about warrents and pattenis bears date in Janry 1728 and his
Letter to His Grace the Duke of New Castle soon followed & both
seem'd founded on a double Mistake the first was that His Majesty was
then in possession of the Goverment which did not happen till July fol-
lowing the Other was that the said Lovick had great numbers of old
warrents in the Office which had been forbid by the proprietors to pass
all which is without the least foundation the said Lovick never being
possessed with such warrents in his office nor was there ever such an
order from the Prop" about them as he knows of nor any grounds for
any & upon such mistakes it was that Sir Richard refused to sign pattent
the apparent Injury of such as had Lands due to them but at the Assem-
bly in November 1729 after the Surrender to the Crown by the Lords
Prop" at the Instance of the Assembly in hopes of the five Hundred
pound they gave him he again Signed pattents Contrary to the oppinion
of some Members of the Council and particularly of the said Lovick
who then told him he Conceived the stopping of the pattents when they
were Stopped was irr^ular and erect Injury but the granting of them
after we were assured of the Sale were irr^ular but wither Sir Rich-
ard did it for his Majesties Service or for private gain will be Easily
Judged Especially when it is known that besides the aforesaid Five
Hundred Pounds the Extraordinary fees' he took upon pattents beyond
Law brought him in very great sums but the said Lovick would now
Conclude b^ging pardon for being so Tedious and with great Gratitude
acknowledging your Excellys patience Cander & Exemplary Impartiallity
in this and indeed in all others debates before you the said Lovick thinks
himself happy the Enquiry was made it being no small Satisfaction to him
that having been so many years Secty of this province on such a this

was all that Could be produced against him and he was the more desirous
that his Charecter might be Cleared Seeing he has for near a Dozen years
been a member of Council & had the head of the Board & by his Ene-
mies said to be at the head of most affieiirs here till your Excelly arived
to take the Goverment for his Majesty

All which is humbly Submitted

8' your Exoell^ most faithfull most Obed* Huble Serv*

J LOVICK

And the Complainant producing no Evidence to support the Complaint
agreeable to the Determination of the Board yesterday it is the oppinion
of His Excellys the Grov' & Council that the Complaint of Sir Richard

32

260 CX)LONIAL RECORDS.

Everard hath not been Supported & that the said Loviek be Discharged
from that Enquiry

Ordered that the several Depositions and Complaint of Sir Richard
Everard against John Loviek Esq' late Secty with his answer thereon be
delivered in the hands of his Magesties attorney General of this Province
for his Report to be made thereon to His Exoell^ the Governor

Then this Board adjourned by order

ROBERT FORSTER Dep Sec^^

North Carolina — ss.

A Council being Sumoned to be held at the Council C-hamber in

Edenton on the 26 Day of July Anno Doni, 1731 there apj)earing but

two members of Council His Excell^ Declared he would attend tlie next

day to see if any more members would appear and on the 27 day of July

met

His Excell^ George Burrington Esq' Gov

'pu XT bi« / Jos Jenoure 1 Esq" Members of
\ Edmund Porter j his Majesties Council

His Excellency the Grov' was pleased to declare that William Smith
Esq' Chief Justice having withdrawn himself out of this Grovernment
without any due Notice given or leave obtained for the same & said
place thereby being become Vacant there was an absolute Necessity for
appointing a Chief Justice in his room which could not be done without
a Council

And his Excelly having Sumoned the Council to meet yesterday there
appeared only the two members before mentioned (this day present) the
rest being out of the Government or at Cape Fear a great distance from
this place where the Council and Courts are Held & this day being the
day for the General Court to be b^un and held (or the said Province
which must unavoidable fall and the Business of the Country delayed
and great failure of Justice thereby unless the same was prevented by
appointing a Chief Justice and assistant for which it was absolutely
necessary to have a Council and his Excelly declare that there being such
urgent necessity he should appoint members to supply the place of those
out of the Country that there might be a fuller Board and thereupon
His Excelly the Gov' was pleased to nominate and appoint John Loviek
iisq' to be a member of his Majestys Council for and within this province
and his Excelly was also pleased to nominate and appoint Edmund Grale
Ilsq' to be a member of His Majesties Council for and within this prov-
ince and accordingly the said John Ijovick and Edmond Gale Esq"

COLONIAL RECORDS. 251

appeared and took and subscribed the several oaths by Law appointed for
Qualification of publick Officers as also the Oaths of a councellor & took
their places at the Board accordingly

Then Present as before

The Hono"- 1 ^^^^^^^(^e } Esq" Members of his Majesties Council

His Excell^ Informing this Board the Necessity of Imediately appoint-
ing a Chief Justice in the room of William Smith Esq' who had secretly
left this Government And having the Concurrence of the Council
therein His Exoell^ was pleased to nominate John Palin Esq' who was
approved of by the Council Thereupon it is ordered that a Commission
pass the seal Constituting and appointing the said John Palin E^sq' Chief
Justice of this Province till his Majesties pleasure be known therein His
Excell^ the Govern' named George Martin Henry Bonner Isaac Hill and
Tho" Lovick Esq" to be assistant Justices of the Greneral Court of this
Province who were appointed by the Council

Ordered that a Comission pass the seal Constituting and appointing
George Martin Henry Bonner Isaac Hill & Thomas Lovick Esq" assistant
Justices of the Greneral Court of this Province

Ordered that a General Comission of the Peace pass the seal Consti-
tuting and appointing the present members of his Majesties Council and
the raeml)ers of the Council for the time being Nathaniel Rice Esq' Sec-
retary and the Secretary of the said Province for the time being John
Montgomery Esq' Attorney General and the Attorney General of the
said province for the time being the assistant Justices for the time being
The Chairmen of Each and Every precinct Court within this Province
for the time being Justices for the'Concervation of the Peace within and
Justices of the General Sessions of the Peace & General Groal Deliverye

By order

R M FORSTER Cler Con*

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 31* day of

August Anno Dom 1731 %

Present

His Exoell^ George Burrington Baq' Grov'

{Joseph Jenoure "j
Edmond Porter > Esq" Members of His Majesties Council
EdmondGale j

His Excelly the Governor was pleased to name Robert Turner Sam-
uel Slade Benjamin Sanders Thomas Bonner Thomas Worsley Jun'

252 COLONIAL RECORDS.

Benjamin Payton Seth Pilkington William Larner William Willis
Churchil Reading John Tripp Cornelius Fowler John Coldham Samuel
Sinclare Richard William Sylvester Henry Crafton John Prcgg Roger
Henyon and William Carruther Constituting and appointing them Jus-
tices for the precincts of Beaufort & Hyde who were approved of by the
Council

Ordered that a Coniission pass the seal Constituting and appointing
the said Robert Turner Samuel Slade Benjamin Sanders Thomas Bonner
Tho' Worslev Jun' Benjamin Peyton Seth Pilkington William Larner
William Willis Clmrchill Tripp Cornelius Fowler John Coldham Sam-
uel Sinclare Richard William Silvester Henry Crafton John Gr^g
Roger Henyon and William Carruther Gent. Justices of the Peace for
the precinct of Beaufort and Hyde in the County of Bath.

Ordered that a Deilimus pass the seal Directed to Major Stephen

Golde Impowering him to qualify the Justices in the Coniission of the

Peace for tlio precincts of Beaufort and Hyde

By ortler

R M FORSTER

North Carolina — ss.

At a Council held in the Council Chamber in Exlenton the 2* day of
November Anno Dom 1731

Present
His Excelly George Burrington Esq' Gov' &c

th TT hi / •'^^^^P^ Jenoure Edmond Porter 1 Esq" Members of his

\ Robt Halton John Lovick J Majesties Council

His Excelly the Governor informing the Board that he was delayed
on his journey from Cape Fear by illness & bad Weather so that he
could not be hear yesterday to hold a Court of Chancery yestertlay being
the usual time for holding the Same Required the Oppinion of the
Council Whether he Should hold the said Court this day who were of
oppinion that the said Court rc^urlarly sit this day. Provided no advan-
tage was taken any Person gone or not now attending

0 By order

R FORSTER

North Carolina — ss.

At a Council held at the Council Chamber in Eklenton on the 3* Day
of November Anno Dom 1731

COLONIAL RECORDS. 253

Present
His Excelly George Burrington Esq' Gov'

{Joseph Jenoure John Ijovick") tj^ r hm i r u*

RobtHalton Edm* Gale I Esq' Members of h.8

Edm* Porter j Majesties Council

Monday last being the Day by Law appointed for the Assembly to
meet and the Governor having been detained by illness and Bad Weather
on his Journey from Cape Fear Could not arrive at Edenton on the
said Day neither were five members of the council attending the Assem-
bly and the Governor being informed that Number of Burgesses met on
the day and still waited His Excelly thereupon sent for the Burgesses to
attend him in Council and made the following Speack to them to Viz*

Gentlemen

His Majestices Service made it Necessary for me to visit the Southern
Parts of this Government I took that journey so soon after a Violent
Feavor was render by some Indispositions Uncapable of Returning by
Land therefore was under a Necessity of Coming by sea the winds prov-
ing very Contrary and Tempestious my voyage took up much more time
than I expected and altho I left tlie Vessel at the Barr and Used the
Greatest Expedition I Could not arive at this Metropolis before yester-
day

How farr my being Absent the first day of the Assemblys Meeting
may Effect the being of the I will not enter into the arguments at this
time the reason why I offer Nothing to your Consideration that the last
Assembly would not Obey the Kings Instructions that I laid before them
Nither did they do any thing for the good of the Province Notwith-
standing I mentioned several affairs in My Speech to them very Neces-
sary for the well fair of this Government and ease of the people their
II] conduct is the occassion I could not do Business with you at this time
The Misbehaviour of the Late Assembly I have represented and have
desired further Instructions how I am to act in Relation to the Revenue
Officers Fees Registring Lands in the Auditors Office and other matter
Contained in the Eight Instructions laid before that Assembly I hope to
be Honoured with his Majesties Commands next March in Relation to
them Instructions before I am fully Instructed I Judge it will not be
proper for me to proceed any further upon them Instructions In the
mean time I will take all Imaginable Care that the Business of this
Province be Carefully transacted and that good order you now see so
well Established Shall Continue between this and the Next Session

264 COLONIAL RECORDS.

I Prorogue this Assembly to the first Tuesday in April Next Ensue-

ing and it is hereby prorogued

By order

R FORSTER Cler Con*

North Carolina — ss.

At a Council held at the Council Chamber in Edenton on the 4** day
of Nov' Anno Dom 1731

Present
His Excelly George Burrington iisq' Gov' &c

{Joseph Jenoure John Lovick) rjs n \r l r i.-
RobtHalton Edm' Gale I Em" Members of hw

Edm* Porter / Majesties Council

His Excelly the Governor was pleased to acquaint this Board that he
was Informed by several persons at Cape Fear that Col Edward Mosely
Maurice Moore and Mr John Porter Claim Such great quantities of Land
on Cape Fear River that new Comers Cannot find Lands to take up but
what is said to belong to one of those Gentlemen this Board doth there-
upon order that the said Col Mosele)* Col More and M' John Porter do
attend this Board on the 17*** day of Jan"^ next and that each of the
said Gentlemen do then give particular account of Every Tract they hold
on the said River and by what Title they Claim the same.

His Excelly the Governor further acquainted that he had several Com-
plaints made to him by the Inhabitant of Cape Fear that the several
Deputy Surveyors appointed by Edward Moseley Esq' late Surveyor
General have made and returned most of the survey at and about Cape
Fear with only running the Front line so that y* People are uncertain as
to the Bounds of their Lands.

It is Thereupon ordered that the Deputy surveyors at and about Cape
Fear appointed by the Late surveyor General do attend this Board at
their next sitting in January and that the Clerk of this Board do Issue
Sumons's to Each of the said Dep**** to appear before the Governor and
Council on the 17"* Day of January next

His Excelly the Governor Informed this Board that Cornelious Harnett
Esq' one of his Majesties Council and another person did Contract with
Cap* Tate of Bristol for a large Cargoe of English Goods to the Amount
of near £3000 Currency of this Province to be paid to him the said Tate
in six weeks time about Eighteen months past at Cape Fear River The
said Tate on his Complaint to his Excelly said tliat he had not recieved
anything for the said Goods but is still put of by Mr Harnett and the
said Tates ship still lying in Cape Fear River to the Great Loss and

CJOLONIAL RECORDS. 265

Detriment of his owners and his Ruin It is Ordered that Sumons's do
Issue to every member of Council to attend His Exoelly in Council the
17*** Day of January next and that the said Cornelious Harnett be Served
with a Copy of this Entry and that Cap' Tate be then Likewise Sumon-
deil to appear to make Good his said Complaint against M' Harnett that
this Complaint be not Entred in the Council Book

His Excell^ acquainting this Board that His Majesties Instructions
require him to transmitt to the Board of Trade attested accounts of the
Receipts and Payments of all publick moneys in this Province

It ordered that several Treasurers and all others having any publick
moneys in their Hands be Sumoned to appear before this Board on the
17"* Day of Jan*^ next at which time they are to give their Attendance
and make up their accounts of all publick moneys in their Hands

Ordered that sumons's do Issue to every member of His Majesties
Council within this Province to attend His Excelly in Council at the
Council Chamber in Edenton on the 17*** day of Janry next on pain of
suspension there being a Complaint against a member of Council to be
then heard

Ordered that a Dedymus be directed to the precinct Court of Beaufort
& Hyde to Recieve and Qualify M' Richard Harvey Capt John Tremble
& Oliver Blackburn as Members of that Court

Ordered that a Dedimus be directed to the Court of Pasquotank to
Recieve and qualify M' John Turry and Terrence Swinney as Members
of that Court.

His Excelly the Governor Read a paper sign by E Porter Esq' a
member of this Board on the 27*** day of July last past which being
Read His Excelly Declared that the said M' Porter had aserted a false-
hood with a design to impeed and hinder His Exoelly from His Majes-
ties Service at that time in appointing a sufficient Number of Council to \^
make a Court of Chancery and to appoint a Chief Justice

Ordered that the said Edmond Porter be Sumoned to appear and
answer the same at the Council to be held at the 17*** day January next

M' Little moved this Board that Edmond Porter Esq' might answer
to the Complaint that said Little and other Entered at this Board in May
Last

Ordered that the said Edmond Porter be sumoned to appear at a Coun-
cil to be held the 17*** day of January next and that he file his answer
by the 1"* day of said month and have his proofs ready at the Council

the 17*** of the said Month

By order

R FORSTER Cler Con*

266 COLONIAL RECX)RD8.

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 23* day of
Nov' Anno Domini 1731

Present
His Excelly George Burrington Esq' &c

{Joseph Jenoure Edm* Porter "| Esq" Meml)er8
Robert Halton John Lovick > of his

Edmond Grale j Majesties Council

His Excelly the Governor having laid Before this Board his Majesties
56 Instruction for appointing two Courts of Oyer and Terminer yearly
which having been duly Considered This Board are of Oppinion that a
SjKxjial Comission Issue pursuant to his Majesties Said Instnictions
directed to John Palin Esq' Chief Justice the present members of his
Majesties Council and the Assistant Justices for holding the said Court
on the Second Teusday in December next and that a Clause in the said
Comission be added to Impower the Chief Justice or any three of the
members to be a Quoram to hold the said Court

Ordered that a Comission pass the seal accordingly.

Upon Petition of the Inhabitants of White Oak new River and Top-
sail along the Sea Shore Praying to have a New precinct Erected from
new Topsail to Batrams point on tlie P]ast Side of White Oak River
and this Board there<jn taking into consideration the gi*eat hardship and
expences The Inhabitants within the limitts above mention* are at in
going to Craterett Precinct Court

His Exce"^ by and with the advic^e and consent of his Majesties Coun-
cil doth make the following Bounds in to a precinct Viz* Beginning at
Bogue Inlett fnmi Batrams point on Bogue sound including or taking
it two miles on the North East side of White Oak River for the East
and North liast Bounds and from New Topsail Inlett Including all the
Lands on the Creeks and Branches that run into New River to be the
South & West Bounds of the said precinct is hereby Called and Dis-
tinguished by the name of Onslow Precinct and that a Comission issue
for the same with such priviledges as other precincts have or Enjoy And
it is further ordered that the said precinct shall be and Continue accord-
ing to the above bounds untill there shall be a further Division of other
Precinct and Counties

Ordered that a Comission of the Peace Issue for Onslow precinct
Directed to James Tunis Edward Marshburn Joseph Mumford James
Murry James Taylor Lazarus Thomas Thomas Johnson Capt Francis
Brice Christopher Dudley Nocholas Hunter Abraham Mitchell Richard

COLONIAL RECORDS. 267

Nickson and John Frederrick Constituting and appointing tliem Justioes
of the peace for and within the said precinct which Court to sit on the
first Tuesday in January April July and October yearly

By order

[B. P. R. O. North Carolina. B. T. Vol. 8. p. 101.]

LEGISLATIVE JOURNALS.

North Carolina — ss.

At a General Assembly begun and held for his Majesties Province of

North Carolina at Edenton the 13"* day of April Anno Domini 1731.

Present

His Excell^ Greorge Burrington Esq" His Maj*^ Grover' & Capt. Gren-

eral of s* Province.

f William Smith f Edmond Porter )
The Hono"' < Nath» Rice < Jn° Bapf Ashe V Esq"

( Jos** Jeuoure ( Corn' Harnett J

Members of His Ma*^' Council being the Upper House of Assembly.

The House met & adjourned till to-morrow morning Eight of the

Clock.

Wednesday Aprill 14*** The House met again.
• A Message came from the Lower House acquainting this Board that
they were ready to present their Speaker and thereupon His Excell^ the
Governor (by the Messenger of this House) Commanded their immedi-
ate Attendance. And the House in a full body came and presented Coll.
Edward Moseley their Speaker who was thereupon approved of by His
Excell^ the Governor.

Then the Governor was pleased to deliver His Speech to the House
of Burgesses in the following way. Viz*

Gen* of the Council & Gen* of y* House of Burgesses.

His Majesty the King our most gracious Lord & Master having
Honoured me by His Commission to be Governor of this Province, on
my arrival here by and with the Consent of Council I issued Writts for
the several Precincts and Towns to Choose Burgesses to meet on the 13**
of this Month. I assure you Gen** it is a great satisfaction to me that
we are now Assembled. I cannot doubt of your ready Complyance in

33

258 COLONIAL RECORDS.

passing such Acts as are Required by his Majesty in the IS*"*, 31**, 42"*,
61"*, 63**, 76*^, 76"*, & the 114* Articles of my Instructions, Transcripts
of which I have ordered to be said before you.

Gentleaien,

I assure you I have as much inclination to promote the Welfare of this
Country now as formerly, I expect each Member of this Assembly
comes here with an Intent to do everything that may be to the Kings
Honour, & the Good of North Csrrolina I hope we shall behave our-
selves with so much Duty that his Majesty will have pleasure in grant-
ing us his Royall favours when we approach his Throne with our Hum-
ble Petitions.

Gentlemen,

There are several matters absolutely necessary to be settled in this
Assembly particularly how to keep the Bills to the Value they ought to
pass for.

The Settlements being so much Extended I think it Needfull that the
Chief Justice with his Assistants should for the Ease of the People hold
Courts in three different parts of the Province twice a year.

That Wills should be proved & Lycences given by a proper Officer in
every Precinct.

That Effectual methods be taken to procure a direct Trade to Europe
and the West Indies without which this Country will always continue
Poor.

To pass an Act for building a Town on Cape Fear River and appoint-
.ing Commissioners for that purpose.

To appoint an Agent & settle a Salary for Transacting the Affairs of
this Province in England.

Gentlemen of the House of Burgesses

I am fully Senseble how necessary yoiu* presence is at this time of the
year on your Respective Plantations, therefore will do all in my power to
make this a short session. If you Judge it Necessary Depute some of
your House to advise with me on any matters you have occasion to Debate
which may Expedite Business and prevent Misunderstandings.

I recommend to you Unanimity and Agreement and that your Debates
be carryed on with Modesty and good Manners.

Gentlemen of the Council.

I return you my Sincere thanks for the readiness you have shown in
dispatching all Business that has come before us. Your Demeanour to

COLONIAL RECORDS. 259

me has been so full of respect that I am at a loss for Words to Express
the Esteem and due R^ard I have for Persons of so Great Worth &
excellent Qualifications.

Gentlemen of the Assembly.

My diligence & industry in Promoting New Settlements in this Coun-
try when Governor for the Prop" you remember, and the happy effects
thereof are known to every man in this Province, That on Cape Fear
River begun by me six years past, is now the Place of the greatest Trade
in the whole Province. All the reward I ever received for the chaises
Necessary & unavoidably occasioned by that undertaking, the Losses I
suffered and the great hardships I endured was the thanks of a house of
Bui^esses.

Gentlemen of the Assembly.

Your behaviour at this time is of the utmost Consequence to North
Carolina, it is in your Power to make it very happy by cheerfully and
willingly performing what is required of you by the greatest and best
King that ever sway'd the British Sceptre. Consider you have at this
time a Grovemor that is entirely your Friend and wellwisher, that will
joyne his own Interest to obtain for this Country all that is now or has
any appearance of being for your Grood, I sincerely desire your Pro-
ceedings may accomplish & perfect all that is wanting to make this Coun-
try Populous Happy and Rich.

GEO: BURRINGTON.

Then the House Adjourned till to morrow morning at Eight of the
Clock.

Thursday April 15**". The House met again and adjourned to-mor-
row morning Eight of the Clock.

Fryday April 16"*. The House met again and adjourned till to-mor-
row morning Eight of the Clock.

Saturday April 17"*. The House met again and adjourn'd till Mon-
day morning Eight of the Clock.

Monday April 19"*. The House met again and adjoum'd till to-mor-
row morning Eight of the Clock.

Tuesday April 20"*. The House met again.

Received the following Messages from the Lower House Viz*. The
Publick Treasurer delivered in at the Table Sixteen Bundles of old Bills
of Credit Exchanged by him, say'd to contain the Sura of £7343.10.6.

260 COLONIAL RECORDS.

Ordered that the Committee appointed to Settle the Publick Accounts do
Exchange the same parcells & of Bills and make report thereof to the
House that the same Bills may be destroyed sent to His Exce"^ the Gov-
ernor and Councill for Concurrence by M' Arthur Williams & M' Greo :
Winn

By Order of y* Gren" Assembly

AYLIFFE WILLIAMS. Clk.

Edward Moseley Esq" Publick Treasurer delivered in at the Table
the Publick Accounts.

Ordered that John Lovick Elsq** M' Charles Denman, M' Gabrill
Burnham, M' George Powers, M' Arthur Williams, M' William Will-
son, M' William Barrow & M' William Williams be a Committee of
this House to be joined by such Members of the Council as shall be
appointed to Inspect & Settle the same and the Accounts of all others
concerned with the Publick Money & report the same to this House.
Sent to His Exce"^ the Governor <fe Council for Concurrence by M'
Arthur Williams <fe M' Georgq Winn

By Order of the General Assembly

AYLIFFE WILLIAMS. C^.

Ordered that the following Message be sent to the Lower House. Viz*.

M' Speaker <fe Gent, of the Lower House

This House has appointed William Smith, Edmond Porter and Cor-
nelius Harnett Esq" to be joined with the Members by you appointed
to Inspect & Settle the Publick Accounts.

By order
ROB* FORSTER C^ of y* Upper House

Then the House adjourned till to morrow morning Eight of the Clock.

Wednesday April 21"*. The House met again.

M' Speaker & Gent, of the Lower House came in a full body and
gave in the following Paper in answer to His Exce"^ the Gov" Speech.
Viz*

To His Exce"^ George Burrington Esq" His Majesties Cap' General &
Governor in Chief of North Carolina.

We the Kings most Dutifull & Loyall Subjects the Representatives of
the People of North Carolina with great pleasure congratulate your
arrival in this Province with that Command which His mast gracious

COLONIAL RECORDS. 261

Majesty has been pleased to confer on you. We have formerly experi-
enced your Care for the Welfare of this Country and we rest fully as-
sured that we shall not want your best Endeavours to promote the last-
ing happiness of the People of this Province. We sincerely promise
for ourselves that we will not be wanting to do everything that we think
may contribute thereto, and the Honour & Interest of His Majesties Ser-
vice.

The several Articles of His Majesties Instructions which you have laid
before this House shall be duely considered by us, & as we propose to
Address His Royall Majesty concerning some of the matter contiuned
therein we doubt not but our Dutifull Behaviour to you & what we shall
proi^se for His Majesties Service and the Welfare of this Province will
procure our Addresses a Favourable Reception.

We observe how particularly you Recommend to us the Settling a
Method to keep the Bills Currant in this Country to their Value. We
imagine the same is already sufficiently provided for by the Act passed in
the Biennial Assembly in November 1 729 Nor do we find but that the
CVedit given them by that Act js preserved by the Currency they have
obtained all over this Government, but if any better method can be pro-
posed for E^stablishing their value we shall very readily take the same
into our Consideration.

As everything your Excell^ recomends shall have its due weight with
us we are of opinion with you that the remote Scituation of divers parts
of this Province from Edenton the Metropolis of this Government will
make it necessary that some Provision be made for the more Easy admin-
istration of Justice in those remote parts. A Bill for which purpose we
shall order to be prepared Accordingly.

We heartily thank you for the Ease you propose to the Inhabitants
relating to Wills & Lyoenoes, a Bill for which purpose we have ordered
to be prepared, And as your Excell^ has indulged us thus far we make
no doubt but when we propose other matters of equal concern for the
good of this Province we shall have your cheerful concurrence.

We understand there is a Town already Established on Cape Fear
River called Brunswick in New Hanover Precinct in respect to one of the
Titles of the illustrious House of rfanover and we are informed it is like
to be a flourishing place by Reason of its Excellent Situation for the Trade
of those Parts, to promote which or any other Place on that River that
shall be judged more proper we will readily give such assistance as is in
our Power.

262 COLONIAL RECORDS.

The services done to this Provinoe by the Settlement b^un by you at
Cape Fear, we have a grateftil sense of which we shall make Evident on
proper occasions and in a particular manner we purpose to be mindfull
thereof in our Address to His Majesty. All the other parts of your
Excell^ kind Speech we will take into our serious Consideration, & we
hope the behaviour of the Assembly of this Province at this Juncture &
at all times hereafter Mrill Demonstrate that the Inhabitants of this Pro-
vince have the greatest Duty & Loyalty to his most Excellent Miyesty,
Zeal & AfiFection for your ExcelK & the Welfiu^e of this Province,

By Order of the (Jen* Assembly.

E. MOSELEY Speaker

His Excell^ the Governor thereupon commanded the Lower House to
attend him at this Board to-morrow morning at Eleven of the Clock.
Then the House Adjourned 'till three of the Clock in the Afternoon.

The House met again and Reed the following Paper from the Lower
House in these words. Viz*

Whereas by the Royall Charter granted by King Charles the second
to the Lords Proprietors and the Inhabitants of Carolina it is granted
that the Inhabitants of this Province shall have possess & enjoy all
Liberties Franchises & Priviledges as are held possessed & enjoyed in
the Kingdom of England. And whereas it is the undoubted Right &
Priviledge of the People of England that they shall not be taxed or
made Lyable to pay any Sum or Sums of Money or Fees, other than
such as are by Law established Notwithstanding which it appears by
Complaints made in most parts of this Province that the officers in
Grenei:al do demand take <fe receive from the Inhab** and Masters of Ves-
sells Trading to this Province Four times more than the Fees appointed
by the Laws of this Province to the great Discouragement of the Trade
of this Province & the oppression of the People.

Resolved that this House do wait on the Gov' with this Complaint
and that the Council be desired to join with this House in requesting his
Exce"^ to issue a Proclamation declaring such Practices contrary to Law
and the oppression of the Subject, and strictly forbidding all officers to
take larger Fees than is by Law appointed under pretence of difference
of money untill such time as the officers Fees shall be Regulated by
Authority of Assembly This House now having the same under their
Consideration pursuant to His Majesties Instructions.

By Order of the Gren* Assembly

AYLIFFE WILLIAMS. C^.

Sent by M' Scarborough & M' Denman.

COLONIAL RECORDS. 263

Then the House adjourned 'till to-morrow morning Eight of the
Clock.

Thursday April 22"* The House mett again
Present Robert Halton Esq**

The Lower House came in a full body and His Exoe"^ the Governor
spoke to them in these words. Viz*

M' Speaker and Gent, of the House of Burgesses

I think it necessary to cause Two Articles of my Instructions to be
read to you that no Person in your House may pretend ignorance in a
Matter where the Kings Comands to me are Positive (Viz*) the 37*** &
47"* you may apply to me when and as often as you desire to Inspect
any Publick Accounts, and they shall be laid before you. I think it
absolutely necessary for his Majesties Service and the good of this Coun-
try that a Treasurer be appointed, Therefore I shall with advice of the
Council speedily appoint a fit Person to execute that Important office

until His Majesty Commissionates one

GEORGE BURRINGTON

Received the following Message from the Lower House Viz*

To His Exce"^ the Governor

This House requests His Exce"^ the Governor that he will be pleased
to lay before this House a Copy of the Two Instructions which he read
to them and that what he shall think proper to say to this House on
those Instructions may be put into writing.

By order of the Gen* Assembly

AYLIFFE WILLIAMS. Clk.

Sent to y* Upper House by M' Skinner & M' Burnham.
Then the House adjourned 'till to-morrow morning Eight of the
Clock.

Fryday April 23** The House mett again.

Received the following Message from the Lower House Viz* Fryday
April 23'^

To His Excell^ the Governor.

Voted the Reverend M' Nicholas Jones be paid the sum of Ten
Pounds for officiating Divine Service this day before the Governor

264 COLONIAL RECORDS.

Council and Assembly, and His ExoelK the Governor is requested to

issue his Warrant to the Publick Treasurer for the Payment of the

Same.

Sent to the Council for Concurrence

AYLIFFE WILLIAMS. C^
By Mess" Symons <fe Bumham.

Which being read in the Upper House the same was concurred with.

Then the House adjourned 'till to-morrow morning Eight of the

Clock.

Saturday April 24"»

The House met again & adjourned 'till Monday morning Eight of the
Clock.

Monday April 26*»»

The House met again and sent the following Resolve to the Lower
House. Viz*

M' Speaker & Gent, of the House of Burgesses

Whereas His Majesty in his Instructions to His Excell^ the Grovemor
hath ordered & Directed that all Fees shall be paid to His officers in
Proclamation Money and the said Instructions having been Laid before
the Council and House of Burgesses the said Burgesses immediately
came to a Resolution which they soon delivered to His Excell^ in Effect
Declaring that the said Instructions were contrary to Law and tended to
the oppression of his Majesties Subjects and the said Burgesses having
in their said Resolution arrogated and assumed to themselves the sole
Power of establishing Fees exclusive of the Governor & Council.

Resolved that the said Resolution of the House of Burgesses is a great*
invasion of his Ma^ Prerogative and does highly reflect on the Honour
and Dignity of His Crown.

Resolved that the said Resolution of the House of Burgesses openly
sends to divest the Governor & Council of their share of the l^islative
authority vested in them by his Majesties Commission & Instructions
fouuded on the Laws of the English Constitution and that they seem
therein to sett up and Erect some other form of Government than is
allowed by the Laws of Great Britain. By order

ROB* FORSTER. C^ Up. Ho

At the same time His Excell^ the Governor was pleased to send the
following Paper to the I^wer House Viz*

COLONIAL RECORDS. 265

M' Speaker and Gent, of the House of Burgesses

In answer to your unreasonable Complaint concerning Fees I roust
inform you that I have proposed to the Speaker and most of the Mem-
bers of your House that myself and all the Kings officers in this Prov-
ince were very willing to have their Fees settled in the same manner as
in Virginia Inspecting the Laws of that Country I perceive the Law-
full Perquisites of officers there are more beneficial than here, having
also read the answer drawn up by the Council to the aforesaid Complaint
desire you Grent. sedately to Consider of it. For my own part I cannot
refrain from telling you that whoever the Person was who formed the
said Paper of Complaint I compare him to a thief that hides himself in
a House to rob it and fearing to be discovered Fires the House and makes

his Escape in the Smoke.

GEORGE BURRINGTON

Received the following Message from the Lower House Viz*
To His ExcELL^ Y* Governor

In answer to what your Excel 1^ was pleased to deliver in writing with
the 37*** & 47*** Articles of His Majesties Instructions, We are of opinion
that no Publick money ought to be issued but by the Gov' Council and
Gen* Assembly. And this House is of Opinion that by the Act of
Assembly passed in November 1715 Entituled an Act Publick Treasurers
to Account this House in Conjunction with the Governor & Council hath
a larger Right than only to view and Examine the Publick Accounts.

This House is of Opinion that the 47*** Instruction doth not extend to
officers appointed by Act of Assembly as are the Publick and Precinct
Treasurers and sundry other officers.

And as to the office of Publick Treasurer which you are pleased to
mention in particular This House declares they are very well satisfied with
the Ability & Integrity of the present Publick Treasurer Ed* Moseley
Esq' who was appointed to that office in an Act of Assembly by the Gov-
ernor Council and Assembly and we Conceive that such an officer so
appointed is not to be removed but by the like Power : And further this
House is of Opinion that the Publick Treasurers of our Neighbouring
Governments are appointed in like manner by the Governor Council and
Assembly

By Order of the Gen" Assembly

AYLIFFE WILLIAMS Clk

Sent by M' Powers & M' Sayer.

Then the House Adjourned 'till to morrow morning Eight of the Clock

34

266 COLONIAL RECOJJDS.

Tuesday April 27^ The House met again and sent the following
Answer to the forgoing Message Viz*

Mr Speaker & Gent of the House of Burgesses.

In answer to your Message yesterday we must observe that we find
greater inclinations in you to Cavil & raise Difficulties than to do any-
thing that may tend to His Majesties Honour and the good of the Prov-
ince. Gentlemen, we mistrust it is the intent of some Persons to cre-
ate Animosities and Foment Divisions a Method too fre(|uently Prac-
tised formerly as well as now in order to Skreen and Secure themselves
from an Enquiry into their Conduct which we believe has not been the
most upright and regular, Nothing can be more clear or Express than
the latter part of the 47* Instruction wherein His Majesty declares that
no officer whatever shall be appointed but by himself or his Governor
which surely excludes the House of Burgesses from any share in the nomi-
nation of a Treasurer unless you can prove that the Treasurer is not a
Publick officer. As to your present Treasurer we agree with you that
he is a Person of sufficient ability, and we heartily wish that his Integ-
rity was Exjuall to it, we must likewise inform you that he was not
appointed by any Lawfull Authority and as to your pretended Law of
1729 it is very obvious to any man who suffers not his Reason to be
guided by a spirit of Faction that they are Void and was passed with no
other intent than to deprive his Majesty of his just Rights settled upon
him by the Laws & Constitutions of Great. Britain.

By order of the Upper House

ROB* FORSTER Clk

Then the House Adjourned till to-morrow morning Eight of the
Clock.

Wednesday April 28*^

The House met again and adjourned 'till to-morrow morning Eight
of the Clock.

Thursday April 29**»

The House met again and adjourned 'till to-morrow morning Eight
of the Clock.

Friday April 30^

The House met again.

Read a Bill for an Act Entituled an Act to R^ulate & Ascertain the
Payment of Quit Rents and Fees of the Officers of this Government
the first time and passed with Amendments.

Adjourned 'till to-morrow morning Eight of the Clock.

COLONIAL RECORDS. 267

Saturday May 1**

The House met again

Received from the Lower House the three following Papers Viz*

To His Excell^ George Burrington Esq" Governor and Com-
mander IN Chief etc

It was the greatest surprise imaginable to this House when they
received your Paper in answer to Complaints concerning Fees.

It is the undoubted right of your Representatives and nothing more
properly their Business than to complain when they find the Subjects
oppressed and the Trade of the Province injured And we can hardly
find a more general Evil than what we have complained of. As our
liaws have stood for near Twenty Years the Officers Fees have been paid
in Paper Currency at the Rates mentioned in the Acts of Assembly And
now when we find the Officers taking four times as much altho' the
same Laws remain in forc^. Our complaints are called unreasonable^
nor doth what you say of your proposal to some of the Members out of
this House of having the Fees settled as in Virginia in our Opinion
put that affiiir in any better, but rather a worse light, that proposal
being contrary to the Kings Instructions which Recommended the Fees
to be Established in Proclamation Money. But what this House is most
astonished at is the Close of your Paj>er where you tell the House you
cannot refrain from telling them that whoever the person was that
formed the said Paper of Complaint you compare him to a Thief that
hides himself in the House to Rob it & fearing to be discovered fires the
House to make his Escape in the Smoke.

We assure you we have sedately considered your Paper and the answer
of the Council sent therewith and as we think we have given them a
Sufficient Answer 90 we trust we shall your Excell^ when we declare
that the Complaint we sent was the unanimous voice of the whole House
no one Member dissenting therefrom.

And we are of Opinion that such Treatment of any Member of this
House in Particular (which seems to l)e the intent of your Excell^ harsh
simile) is a great Indignity and Contempt put on the whole House a
Breach of Priviledge & Tends to the deterring the Mcml)ers from doing
their Duty which we are well assured will be as Disagreeable to the
Known Justi(« of His Sacreil Majesty to hear as it is Grievous & Hurt-
ful to the Just Freedom of the Subjects.

By order of the Gen" Assembly

A. WILLIAMS. Clk.
April y*28**»173L

Sent by Messrs Russell & Bell.

268 COLONIAL RECORDS.

To THE HONOBLE THE CoUNCIL

It is the opinion of this House that the 47 Instruction was never
designed by His Majesty to Vacate such Authorities as are granted by
Act of Assembly but only to prevent all Persons whatever acting by any
Commission from the late Lords Proprietors even such whose Right to
offices by grant from the Proprietors were preserved by the Act of Par-
liament are (as we understand the Instruction) obliged to have their
Coraisions renewed by His Majesty or the Governor : But we do not
understand that Instruction in such sense as that those Persons who are
Authorized by Act of Assembly must nevertlieless have his Majesties or
the Governors Comision And we hope we may retain this sense of that
Instruction until His Majestys Pleasure be signified thereon without
those severe Expressions mentioned in your Paper being flung on this
House or any of its Members for whatsover you may say we are resolved
by our Conduct & Behaviour to shew our Duty and Loyalty to His
Majesty and to do everything we think may tend to His Honour and the
good of this his Province, and we hope when we forbear to return such
injurious Language as is given to this House, we shall shew we do not
mean to Cavil and Raise Difficulties, Nevertheless we think it our Duty
to declare this Hguse is of Opinion that the several Expressions con-
tained therein reflecting in general Terms on some Members of this
House and on the Publick Treasurer in particular are very unprece-
dented & a great violation and breach of the Privi ledges of this House
and as to the Character of the Publick Treasurer the present Speaker of
this House The Members of this House declare they are very well satisfied
as well with his Integrity as his Ability, his accounts always appearing
to be just and True and have this present session been examined by a
Committee of both Houses and further we believe it to be our Duty to
represent unto His Majesty the ill usuage this House in general and some
Members in particular have received.

As to your opinion declareil in your Message that the Laws made in
1729 are Void we hope we may without oflenc* declare our different
opinion, whicli is that they ought to Remain in Force untill the Royall
Pleasure is signified thereon, and where those Laws to be otherwise dealt
with, we imagine it would cause great Confusion in this Province in that
it would obstruct the Currency of Bills therein Established and be hurt-
full in many otiier Cases, on whicli occasion we proiK)se to Address His
Majesty and to shew that the Assembly of this Province never meant to
deprive His Majesty of any of his Rights. What you say of the Pub-
lick Treasurers not being appointed by Lawfull Authority we doubt not

COLONIAL RECORDS. 269

but you will alter your opinion because were it to be admitted that the
Laws passed in 1729 were isso facto Void as being made since His Maj-
esties Purchase which yet we do not grant yet nevertheless his appoint-
ment to that office has been by several Acts of Assembly ever since the
year 1715.

By Order of the Gren" Assembly

A. WILLIAMS. 0\

April 28«^ 1731.

Sent by Mess" Russell & Bell.

To THE HONO"' THE MEMBERS OF Y* COUNCIL.

This House finding the Two Resolves sent from you founded on three
particular Assertions mentioned in the preamble to the said Resolves,
Viz*

1** Concerning His Majesties Instructions.

2^*^ The Resolutions of this House thereon as you say.

3rdiy rj^Yie Powcr which you pretend this House hath assumed.

The House conceiving that you have not only put a wrong sense on
the Kings Instructions, but also on the Proceedings of this House. We
think ourselves bound to clear up such reflections as are cast on us by
your Paper.

Wherefore we say to the first we are of Opinion you mistake the
Royall Instruction it appearing to us to be only proposed by His Maj-
esty that the Fees shall be regulated and E^stablished by Act, yett untill
that is done for which in Obedience to His Majesties Instructions this
House directed y* 21'' day of the instant April a Bill to be prepared for
that purpose, Officers ought not to have Enacted what Fees they thought
proper but to have observed our Laws provided therefore.

2»*'y This House never declared that the said Instruction was contrary
to Law or tended to the Oppression of His Majesties Subjects but that
the Officers their taking larger Fees than is by Law appointed was an
oppression of the Subjects nor did this House immediately come to that
Resolution altho' the nature of the offence could not but be most highly
moving nor was it so soon delivered afler the Instructions were laid
before us as is suggested, for the Instructions came before the House the
19*** and the Resolution pass'd the 21"* day of that Instant, & then on
reading the Complaints of the Masters of Vessells Merchants & Traders,
not supix)sing that His Majesties Instructions had the least Tendancy to
Countenance the oppression Complained of, and in truth nothing could
have been more amazing unto to us than to see our Complaint against so
ill^all practice put off with so unjust a Construction.

270 COLONIAL RECORDS.

S"*^ This House never arrogated or assumed to themselves such Power
as is represented in the last part of y* preamble, nor does the House con-
ceive that their Complaint icau be so construed, because in your Paper it
is declared that they had the business of the Fees under their Considera-
tion pursuant unto His Majesties Instructions, and as that Instruction
proposed it to be done by an Act it ought not to be imagined it would
have been proceeded on otherwise, indeed had this House published any-
thing towards r^ulating the Fees otherwise than with the consent of
Governor & Council such an attempt would have been highly blameable.

As this House hath thus given just Satisfaction to the Council in those
particulars and Vindicated themselves from the aspersions cast on them
as Invadors of the Royall Perogative or reflecting on the Honour. &
Dignity of the Crown, Endeavouring to divest the Gov' & Council of
their parts of the Legislature or arrogating any other part of Govern-
ment than is consistant witli the Laws of Great Britain and the Charter
granted by King Charles the second to the Inhabitants of this Province,
so we hope you will join with us in our Request to the Governor that
he may issue a PnKjlamation declaring such practices to be contrary to
Law and an Oppression of the Subject, & strictly forbidding all officers
to take larger Fees than are by I^w appointed under pretence of difler-
ence of Money untill such time as they are R^ulated by authority of
Gov' Council and General Assembly, this House now having the same
under their Consideration persuant to His Maj*** Instruction.

Bv Order of the Gen" Assemblv

A. WILLIAMS 0\
April 28'*» 173L

Sent by Mess" Russell and Bell.

The House adjourned 'till Monday Morning Eight o'Clock

Monday May 3'*. The House met again & His Exoell^ the Gov'
sent the following Paper to- the Lower House. Viz*

M' Speaker & Gent, of the Assembly.

As there are certainly several things in your last Message very Excep-
tionable I suppose it will be no breecli of Priviledge in me calmly to
point them out to you nor can* it be any Injustice to say tliat the I^an-
guage of your last Message as well as the former about Fees was very
Coarse & Rough and certainly wanteil the Respect that is due to a Per-
son in my station which you will in time be Convince<l of and obliged
to alter your Method.

COLONIAL RECORDS. 271

It is allowed you that the House of Representatives have a Right to
Complain when Injured but it ought always to be done with Decency
and Good Manners which I think is very much wanting in that part of
your last Message which tells me I have put the Affair in a Worse Light
and accuses me of having made a Proposal contrary to His Majesties
Instructions in relation to the OiBces in Virginia which I only Recom-
mended as a Guide or Rule to r^ulate the Fees hereby in Proclamation
Money, as His Majesty has positively directed they shall be taken for
the Future And you will find Gent, if you will give yourselves time
to peruse the Kings Instructions that one of them gives the Governor &
Council Power to Regulate and settle Fees and Tables of such Fees to
be hung up in the Respective Offices they belong to, I desire to know
how you understand this Instruction ? It appears to me that the Gov'
& Council are impowered to R^ulate and Establish Fees and whither
there was not Occasion for it at this Juncture must be lefl to further
Enquiry. His Majesty has positively declared in His Instructions that
for the future all Fees shall be paid in Proclamation Money which is in
Effect Repealing all Laws that declare Fees shall be received otherwise.
Before the Assembly met, myself and the Council pursuant to the above
Instruction declared what was the Value of Proclamation Money in
Bills as they now pass This is what you call Oppression, Arbitrary
and Illegal Prcx^eedings, General Evil and a hindrance to Trade;
Charges that are very Extraordinary in their Nature and ought to have
been well supported, but in the manner they are used are really very
Surprising and Astonishing.

The Council have already in their Amendments to the Bill for Fees
made it Evidently appear that the officers in their Fees by your late
Emission of Bills of Credit in the year 1729 were very much injured, a
Crown Sterling being rated before that time at seven shillings and six
pence by Law, in the R^ulation on the late Emission of Bills was
valued at Twenty five shillings. And it is very manifest that most of the
Fees now subsisting were stated before the Emission of any Bills at all,
and that the Bills by this time had it not been for the Emission in 1729
would or ought to have been sunk ; so that it is an apparent Loss and Dam-
age to the officers if they are obliged to take the same Fees in Bills of
the late Emission or anything near it, and what inducement it will be to
His Majesty to tolerate the late Bills I leave you to judge when I tell
you it must .be Represented to the King that these Bills now Currant are
hurt to no one but his officers only who must abandon their Employ*
ments and Depart this Province or starve here if they take their Fees in
the kind manner you prescribe or desire.

272 COLONIAL RECORDS.

Greutlemeu the disrespect shewn me I was informed by some Members
of your House was occasioned by one Person who pulled the said Paper
out of his Pocket that he might divert tlie House and take them off
from another Subject then under Consideration. It was my good opin-
ion of the House induced me to think they were surprised into such
Indescent Expressions, but you now Convince me Gentlemen that who-
ever was the Author thereof it is sufliciently supported by your Pat-
ronage

Since you sent that Gallant Paper there have been two Gent, of the
Council have moved to have Proclamations issued which I refused for
the same reason you were denyed (there being no Occasion) I am Con-
cerned that any Gent, either in your House or in the Upper, will suffer
their thoughts to run so much on Proclamations. I judge it will
Redound more to your Credit and the good of this Province if you dili-
gently apply yourselves in perfecting what the King has recommend to
you in the Eight Instructions delivered to your House.

GEO. BURRINGTON.

Then the House adjourned till to-morrow morning Eight of the Clock.

Tuesday May 4*** The House met again & received the following
Message from the Lower House. Viz*

To His Excell^ y* Governor & Council.

This House desires to know whither the Power of the Assistant Jus-
tices in this Province is Equal I to the Associate Justices in England or
what is their Power, For we have now under our Consideration the Bill
relating to Circular Courts.

By order of the Gen" Assembly.

A. WILLIAMS. a\
Sent by M' Kenyon and M' Barrow.

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Wednesday May 5*** The House met again and sent the following
Answer to yesterdays Message.

M' Speaker & Gent, of the House of Burgesses.

This House having considered your Message and Perused the Warrant
from His Majesty appointing William Smith E^" Chief Justice Are of
Opinion that the full & sole Power of holding the supream Courts of
Judicature is in the s*' William Smith and that the Assistants have not

COLONIAL RECORDS. 273

an Equall Power with the Associate Justices in England nor any Judi-
cial Power.

By Order of the Governor & Council

ROB* FORSTER. C^.

Received the following Message from the Ix)wer House. Viz*

To His Exceli/ the Governor & Council.

This House l^eing senseble that sundry Grants for Lands have been
issued since His Majesties purchasing the Province, some of them on old
Warrants & some for raising Money towards defraying the Charge of
running the Dividing Line between this Pmvince & Virginia, the pur-
chase money for which has been paid to William Ijittle Esq" late Ret'
Gen»

It is the recjuest of this House to his Exoell^ the Governor and the
Hono**^* the Council that they will joyn this House in an Address to
His Majesty to Confirm all such Titles, thereby to prevent any Disputes
that might otherwise arise.

And further this House recjuests that the said William Little may be

obliged to give secu^ to repay to all such Persons the purchase Money

received by him for such Grants as shall be made Void by His Majesty

if any such shall be in cuse the said William Little hath not paid away

the same by order of the Government.

Bv Order of the Gen* Assembly.

A. WILLIAMS. C^
Sent by M' Russell & W Bell.

Then the House adjourned till to-morrow morning Eight of the Clock.

Thursday May 6^ The House met again.

Resolved that the Consideration of the Answers to His Excell^* Speet^h
be adjourned till next Wednesday.

Edmond Porter Esq" his Majesties Judge of Vice Admiralty and a
Member of this House, made the following Protest.

£10. Sterl. Money to be divided amongst the officers of Vice Admi-
ralty.

^ To the Judge £ 4. 3. 4

^ To the Register 2.13. 4

\ To the Advocate 2.10. -

iV To the Marshall -.13. 4

£10.—. -
Or an Equivalent in Proclamation Money.

35

274 COLONIAL RECORDS.

Any Act made to the contrary of the above List of Fees, I do hereby

dissent from and Protest against

Signed E PORTER

at the Council Board this 6*** day of May 173L

Then the House adjourned 'till to-morrow morning Eight of the
Clock.

Fryday May 7***

The House met again and His Exce**^ the Governor sent the following
Paper in answer to the last Message from the Lower House. Viz*

M' Speaker & Gent of the Assembly.

In answer to your Message of Wednesday I must inform you that I

am Commanded by His Majesty to send an account to the Lords of

Trade & Plantation of all Patents for Land granted by Sir Richard

Everard Bart and the late Council since the time His Majesty com-

pleated His purchase of this Province. I am Convinced the Charge

given in by the Commissioners appointed to run the dividing Line

between this Government and Virginia is very modest, I believe the

Lords of Trade will not deem it otherwise. I cannot think it proper

for me to Joyn in the Address you desire I will represent a true state

of the Affair to the Lords of Trade; as to the last Paragraph I think

the persons who signed those Patents, having no authority to dispose of

the Lands may be as Lyable as M' Little who acted only under them &

by their immediate appointment

GEO. BURRINGTON

Adjourned* 'till to-morrow morning Eight of the Clock.

Saturday May 8**»

The House met againe.

Read a Bill for an Act entituled An Act for Establishing & fixing the
Supream Courts in this Province and enlarging the Power of the Pre-
cinct Courts the first time and past with amendments.

Resolved that Nathaniel Rice Robert Halton & J'** Bap* Ashe Esq" be
and they are hereby appointed a Committee to joyn with such Members
as shall be appointed in the Lower house to confer on the subject matter
of the Bill now before this House Entituled an Act to R^ulate & ascer-
tain the payment of Quit Rent & Fees of the officers of this Government.

By order
ROB* FORSTER C^ of f Upp : House

COLONIAL RECORDS. 275

And the Lower House thereon sent the following Resolve in Answer.
Viz*

To THE HONO"* THE COUNCIL.

Resolved that M' Callen Pollock, M' William Downing, M' Chas:
Denman, Col : Thomas Swann, M' John Etheridge, M' Edward Salter,
M' Thomas Pollock, M' Rich* Russell, M' Thomas Smith, M' William
Willson, M' Walter Lane, & M' William Williams be a Committee to
joyn witli the Committee of the Upper House to confer on the Bill for
an Act Entituled an Act to R^ulate and Ascertain the Payment of Quit
Rents & Fees of the officers of this Government.

By order of the Gen^ Assembly

A. WILLIAMS O^
Sent by M' W» Williams & M' Geo Winn

Then the Hoase adjourned 'till Monday morning Eight of the Clock.

Monday May 10***

The House met againe.

Read a Bill for an Act Entituled an Act to R^ulate and Ascertain
the payment of Quit Rents & Fees of the officers of this Government
the second time so passed with Amendments.

Then the House Adjourned 'till to-morrow morning Eight of the Clock.

Tuesday May 11**^

The House met again & Adjourned 'till to-morrow morning Eight of
the Clock.

Wednesday May 12***

The House met again.

Received the following Message from the Lower House

To THE HONO"* THE COUNCH.

Resolved that Major Henry Bonner M' Charles Denman, M' Grabriel
Bumham, M' John Etheridge, M' James Castellaw, M' Thomas Smith,
M' Richard Rustull, M' William Williams and M' Walter Lane be a
Committee of this House to joyn such Members of the Council as shall
be appointed to Examine and Settle the aoco** of all such Persons as have
any Claims on the Publick, and they Report their Proceedings to this
House for Approbation.

Sent to the Council for Concurrance

A. WILLIAMS O^ of y* Gen» Assembly
By M' Thomas Pollock

M' Isaac Hill

276 <X)LONIAL RECORDS.

Then the House adjourned 'till to-morrow morning Eight of the
Clock.

Thursday May 13*

The House met again and sent the following Resolve to the Ix)wer
House Viz*

M' Speaker & Gent, of the House of Burgesses.

Resolved that John Bapt. Ashe, Edmond Porter, and Cornelius Har-
net Esq" l>e and they are hereby appointed a Comittee to Joyn such
inenil)ers as is appointed in the Lower House to Confer on. Examine,
and Settle the aoeo** of all such Persons as have any Claims on the Pub-
lick.

By order of the Governor & Council

JOS: ANDERSON C^ of the Upper House.

Read a Bill for an Act Entituled an Ac4 for Establishing & fixing the
supreara Courts in this Province & enlarging the Power of the Precinct
Court the Second time & passed with amendment.

Adjourned Hill to-morrow morning Eight of the Clock

Fryday May 14*** The House met again.

His Excell^ the Governor delivered in the following Paper to this
House Viz*

Gentlemen of the Council

The Bill for ascertaining officers Fees and Payment of Quit Rents
being now before you and having l)een thrice Read in tlie House of Bur-
gesses I think it proper l)efore it goes further to ask your opinion upon
His Majesties Instructions about Quit Rents wither (by the Instructions)
I may safely pass an Act whereby an Equivolent is to be taken instead
of Proclamation Money, and if you shall be of the opinion of may,
whether what is oiFered for i>ayment of Quit Rents in the Bill before us
is a sufficient Exjuivolent to Proclamation money.

GEO: BURRINGTON.

Received the following Message from the Lower House Viz*

To Hls Excell^ the Governor

This House having now prepared such Bills as are thought necessary
to he oiFered (pursuant to His Maj**** Instructions laid before us) this
Session and the present Season of the year being proper for our Resi-

COLONIAL RECORDS. 277

deDce in our Plantations. We request that the Session may be ended in a

few Days, & if any other matters may be thought necessary to be laid

l)efore the Assembly, it may l)e done at the next Biennial the Election

whereof is now within a few months.

By order of the Gen^ Assembly

AYLIFFE WILLIAMS C*.
By M' W« Williams ifi;

M' Geo : Powers

Adjourne<l 'till to-morrow morning Eight of the Clock.

Saturday May 15"*

The House met again

Received the following Message from the Lower House

To His Exoeli/ y^ Gov' & Council.

This House taking into Consideration the several Resolutions touch-
ing His Majesties Instructions and other matters proposed to be laid
liefore the Ijords Com miss" of Trade & plantations Representing the
true state of this Province and as the same will make the address to His
Majesty very large if the same were to be incerted therein.

Resolved that Col: Edward Moselev, Thomas Pollock and Culleu
Pollock Esq" Col. Thomas Swann, Capt William Downing, M' Charles
Deuman, M' John Etheridge, M' Walter Lane or any four of them to
l)e a Committee to draw up the said Address, representing the true state
and Condition of this Province with respect to its Laws Currancy Trade
Lands Rents and Tenures & other Affairs pursuant to the several Laws
of this Government and the Notes & Resolves of the House relating to
His Majesties Instructions and that the same be signed by the Speaker
in the name and by the Appointment of the General Assembly of this
Province and Transmitted to His Grace the Duke of Newcastle princi-
pal secretary of state, and the Right Hono"' the Lords Comiss" of Trade
& Pliuitations by such Agent or Agents as the said Committee shall
appoint and that the said Committee shall be empowered to draw out of
the Publick Treasury to defray the Charge of that Agency such sums of
money as they shall think proper not exceeding £500 Paper Currancy

Sent to the Governor & Council for Concurrance

A. WILLIAMS C^ Gen» Ass:

By M' Kenyon &
M' Islands

278 COLONIAL RECJORDS.

Received the following Message from the Lower House

To His Exce"^ the Gtovernor & Council

This House takiug into Consideration the charge that M' Chief Jus-
tice Smith must be at in fitting himself for going the Circuites pursuant
to the Bill now proposed to be Enacted.

Voted that he be paid the sum of One Hundred Pounds paper Cur-
rency the better to enable him to proceed on that service. This House
being willing to Express their good will and Esteam they have con-
ceived of the said M' Chief Justices conduct & behaviour in his Station.

Sent to the Upper House for Concurrance

AYLIFFE WILLIAMS C* Gen» Assembly.
By M' Burnham &
M' Thos: Swann

Received the following Resolve from the Lower House, Viz*

To His Excell^ the Gov' & Council

Resolved that the Comiss" of Edenton be and they are hereby invested
with Power to make Rules for the better ordering and R^ulation of the
said Town Affairs and that they have power to make & levy any Equall
assm^ on the Inhabitants towards fencing in the said town or clearing
what shall be needfull or for defraying any Petty Charges for the good
& benefit of said Towne.

Sent to the Grov' & Council for Concurrance.

By order
AYLIFFE WILLIAMS C^ Gen Ass

Concurr'd with so as such assesment be legally made

By order
JOS: ANDERSON O* Upper House.

Received the following Message from the Lower House

To His Exceli/ the Governor & Council

This House has appointed M' Thomas Pollock, Col : CuUen Pollock,
M' Mackrora Scarborough, Col: Thos: Swann, M' W" Wilson, M' Wil-
liam Barrow, and M' Evan Jones to be a Committee of this House to
joyn such Members of the Councill as shall be appointed to examine the
old Paper Currency and see the same destroyed.

By order

A. WILLIAMS C^ Gen: Ass:

CX)LONIAL RECORDS. 279

Resolved that the former Committee William Smith Edmund Porter
and Cornelius Harnett Esq" be a Comittee now to joy n such Members
as is appointed in the Lower House to Examin the old Paper Currancy
and make their Report to both Houses.

By order
JOS : ANDERSON C^ Upp : House

His Excell^ the Governor proposed to have a Conference with the Lower
House about the Bills for ascertaining the payment of Quit Rents and
officers Fees and for Establishing and fixing Supream Courts.

Whereupon the following Message was sent to the Lower House. Viz*

I

M' Speaker & Gent, of the House of Burgesses

This House demands a Conference of your House at four of the Clock
this afternoon upon the subject matter of the two Bills Viz* a Bill ascer-
taining officers Fees and paym* of Quit Rents and a Bill for an Act
Entituled an Act for Establishing and fixing supream Courts in this
Province and enlarging the Power of the Precinct Courts.

By order
JOS : ANDERSON O*' Upp. House

The Governor laid on the Boards some heads for the Conference on
the subject matter of the Debate concerning the the Bills with their last
Amendments Viz*

In the beginning of the second page.

It is Expressed only Lands taken for the future shall be roistered
with the Kings auditor or His Deputy. It is the King's intention that
all Lands already taken up should be Roistered (19 Instruction) a Pro-
viso that the Auditor shall keep a Deputy in every Precinct, I think
we have no authority to compell him, and he may keep his office &
appoint Deputies as he pleases.

.In the third Page

111 the Sixteenth Instniction, It is writte that all Fines Penalties etc
must be reserved to His Majesty his heirs and Success" for Publick use
& support of Government.

In the 4*** — It is my Opinion that Officers acting by Patent in this
Gt)vernment can only be turned out of their Places by the King upon
some occasions a Suspension may be Lawfull.

I^ast Article — We cannot by any means postpone the Payment of the
Kings Quit Rents a Rec* Gen* is appointed 'tis supposed he is not with-
out Instructions how he is to Proceed having Comission under the Kings
Great Seal or Warrant.

280 CX)LONIAL RECJORDS.

And the Lower House attending accordingly a Conference was had
and His Excelly the Governor delivered in his sentiments according to
the above heads. After which the Ix>wer House withdrew and desired
a Copy of the Heads spoke to by His Exoell^ the Governor which was
accordingly delivered them.

His Excell^ the Grovemor sent the following Message to the Lower
House. Viz*

M' Speaker & Gent, of the House of Burgesses.

As an answer to your Message this day delivered to me by M' Ken-
yon & M' Islands I again repeat what I have formerly said, that the
business of this Country absolutely require an Agent in London for
which reason I recommended to you in my Speech at the opening this
session for the appointing one .with a proper salary. I now consent that
an Agent shall be appointed by myself, Council and Assembly.

GEO: BURRINGTON
May IS"' 1731.

Received from the Lower House the following Message Viz*

To His Excell^ the Gov' & Council.

In answer to the Conference this day.

To the 1** Paragraph we say that as all Grants already passed are or
ought to be Registred in the SecTetaries Office, from thence the Auditor
or his Deputy may have Transcripts, but if any Grants should not be
R^istred there, we will consent to have some method provided com-
pelling People holding Lands to enter the same on the Rent Roll as y*
Rec" of the Rents shall make his Collections or to enter the same with
the Auditor or his Deputy so as Offices for that purpose be kept in each
precinct or aft;er any other manner so it be not done at the Expence of
the People.

To the 2*** — We will use the style proposed by His Ma*'

To the y* — We shall be content that in the Cases of Officers holding
by Patent making a Breach of the Law they may be only suspended or
otherwise Punished.

To the last — As the King proposes to receive Proclamacon money
we are willing for want thereof to make the best Equivolent we can to
His Majesty, and therefore offer Tobacco according to the Practice of
Virginia and as People are not provided to make sufficient for that pur-
pose this year, we propose the payment thereof to be postponed until 1 it
can be made, but if ready payment is ex[>ected we shall consent that it

COLONIAL RECORDS. 281

be made in other Comodities that may be made this present year accord-
ing to a just valuation.

This House doth not consent to alter the £150 per cent on Bill cur-
rency.

Concerning the Court of Chancery.

That Court has always used to be held at the times and places when and
where the General Courts have been, and all process returnable thereto
to the third day of the General Courts but as that day was generally taken
up with the Crown business it was Ruled that the doing the business in
Chancery should be putt off untill the Monday following, and a Court
so Established we Conceive ought not to be removed but by the Author-
ity of Assembly, nevertheless as it has been proposed to give Ease to
the Inhabitants by appointing General Courts in each of the three Coun-
ties proposed to be erected, so we think it may be as necessary to Ease
them with respect to the Court of Chancery, and if his Exce"^ shall
be willing we propose that the power of the Court of Chancery may be
lodged in the Justices of the Countys as it is in Virginia or in the Chief
Justice or other proper Commissioners appointed for that purpose.

By order of the Gen^ Assembly

A. WILLIAMS C^

Received the following List of Claims from the Lower House Viz*

To THE HONO"' THE Gov' & COUNCIL.

THE REPORT OF THE COMMITTEE OF CLAIMS ALLOWED.

To Thomas Murphy for a horse lost in the Countries '
Service, if found to be returned to the Provost Mar-
sh" or Deputy for the use of the Publick and imme-
diately dispased of by him at Vandue for that Pur-
pose & the money lodged with the Precinct Treas*
unless M' Murphey chooses to keep his horse.
To I>* for his trouble and horse hire to White Oak 2 " 7 " 6

To M"" W" Willson for horse hire in y* Countrys Service 8 " 10 " -

To M' Roger Kenyon for a pair of hand cuflFs to Con- i

fine a Criminal. j * "

To Major Bonner for Expenses on His Excell^* ar- ) Qf;«iO"

rivall. J

To 4 Grand Jurymen for Chowan Viz* Major Bonner

M' Thomas Lovick M' Will : ArkiU & Col : Wil- I 6 " — -
Ham Harding Jones, 6 days each
36

y £ 22. 12. 6

282 CX)LONIAL RECORDS.

I 5" 5"-

To 4 Grand Jurymen for Perquimons Viz* M' Charles "j

Denraan M' Richard Skinner M' Joshua Long, M^ Y^ ^" — -

Richard Whitbee, 8 days each ^

To 2 Grand Jurymen for Bertie Viz* M' Gray & Thos : 1

Kearney 10 days each / ""

To 3 Petit Jurymen for Bertie prec' Viz* Ekiward Moor,

W" Charleton & Robert Warren 7 days each
To 4 Petit Jurymen for Chowan Thomas Matthews, 1

John Duning, William I^erton & John Robertson / ~

To James Potter for work done about the Court House 2 " 10 " -

To Edmoud Gale for hiring workmen about the Court 1

House /

To Peter Young for two Journeys to Cape Fear on pub- ^

lick business including Ferrys & all other charges > 20 " — -

(horse hire excepted) £40, whereof £20 is already paid )
To Major Bonner going to the Chowan Indians 3 " 10 " -

To viewing the body of a n^ro as Coroner & paid the i

Jury as by Law j z o -

To sundry claims allowed William Mackey late Pro- i

vost Marshall j 48" 5"-

To Jno : Rogers Deputy Marshall for Craven Prec* for \

executing two writts for Election of Burgesses & V 4 " 6 " 8

hiring a man to go to Core sound J

To S' Rich** Everard for going over the sound upony

Complaint made against the Tuskarooro Indians V 25 " — -

Serv** Boats & Hands for 10 days )

To Attendance on 2 Assemblies who could not meet to 1

do business for want of an Upper House / ~

To Jn* Saunders for apprehending & bringing up to^

Goal one Soloman Smith a condemned Criminal from > 10 " -

Core sound )

To M' W" Williams for Victualls for the Tuskarooro, |

p' Governors Order / 1 " — ""

To D° for the Committees Expenses this Session 7 a _

To Ayliffe Williams for a Journal Book & a Lock <fe ) 2 " 12 " 6

Key for the oflSce /

£259" 8"2

Sent to His Exoell^ the Gov' & Council for Concurrance

AYLIFFE WILLIAMS. C. G. A.

Sent by M' Smith &

M' Barrow.
Adjourned 'till to-morrow morning Eight of the Clock.

COLONIAL RECORDS. 283

Monday May 17***
The House met again.

His Excell^ the Governor sent the following Paper to the Ix)wer
House Viz*

M' Speaker & Gent of the House of Burgeshes.

I cannot think you sufficiently expressed your Good Will & Esteam
to the Chief Justice of this Province by your voting him so trifling a
sum as one Hundred Pounds Paper Currency, I think a Gent who
possesses so high a post as Chief Justice of North Carolina & so Emi-
nent a station as the first in His Majesties Council here, ought to be l)et-
tar regarded. Therefore let you know it is my opinion you cannot make
him a less present than Eight Hundred Pounds Currancy (in Value) is
but one hundred Pounds Sterling which I will forthwith issue out a

Warrant for if you desire me

GEO: BURRINGTON

Received the following Message from the Lower House in Answer to
the Above Paper. Viz*

To His Exgeli/ the GtOvernor.

As we ai-e very well satisfied with the Abilities, Conduct & Behaviour
of M' Chief Justice Smith in his station We thought ourselves obliged
t^) offer him a sum as might purchase horses for the service he shall
undergo & we look on ourselves the more obliged to do so in r^rd the
first Quarterly paym* of his Salary is not to Cofnenoe untill September
next & the reason of our oiTering no larger a sum was owing to the
]K>verty of the Country which at present is encumbered with a large
Debt.

We cannot be of the same opinion with your Exoell^ to think there

can be such a vast discount on our paper Currancy, Bills of Exchange

l>eing lately sold at five for one, so hope his honor will rest satisfied

with what the House has voted on that head.

By order

A. WILLIAMS. C. G. A.
By M' Smith

M' White

His Excell^ the Governor requiring the Attendance of the Lower
House they came in a full Body & the Gov' delivered his Speech to them
in these Words. Viz*

284 CX)LONIAL RECORDS.

Gentlemen,

It is now five weaks since I couveen'd you together and within a few-
days after your Meeting I laid before you such of His Majesties Instruc-
tions as I was Commanded in oixler to have I^ws framed upon them, in
all which time nothing of that Nature has been offered from tlie House
of Assembly but one Bill for the r^ulating Fees and Payments of Quit
Rents, which Bill being thought in the Upper house in many things to
Deviate from His Majesties Instructions particularly about the Quit
Rents it could not be passed and you signifying in your late Message
you had gone your furthest in it, having passed your last Amendments
and that you had nothing now to offer, though there are several of His
Majesties Instructions no ways yet considered of by you. I fear it will
l>e to little purpose to keep you longer together, and indeed the Divisions,
the Heats, and the Indecencies of your Debates growing daily among
you gives me but a little room to hope that His Majesties Instructions
and the true Interest of the Country will have their due weight with
you. There was another Bill sent from the Upper House for tfie Ease
of the Country by Circular Courts but was Clogg'd with such Amend-
ments in your house as put a stop to it, and finding you are not now
inclined to proceed upon anything further, but have in your Message
desired a Re^^ess I shall comply with your Message hoping time will
compose you to better thoughts.

Gentlemen.

After the many instances I have given of my afioetion for this Coun-
try I need not take pains to Convince you how much I have at heart the
welfare and prosperity of it, that cannot be obtained by Private and
narrow Views which I wish T had not occasion to say I find prevails
more than a publick spirit ; for my part nothing shall be wanting in my
[K)wer for the benefit of this Province and I only ask in return your
Dutifull Behaviour to His Majesties Commands the only way to recom-
mend you to the best of Kings who never did, nor will impose anything
unreasonable on his subjec^ts.

Gentlemen op the Assembly

I do now pn)rogue this General Assembly unto the sixth day of Sep-

temlx^r next and it is h(»reby Prorogued 'accronlingly.

GEO: BURRINGTON
A Copv Exm'd bv

ROB* FORSTER O^

of the Upper Hoase.

^

COLONIAL RECX)RD8.

285

North Carolina — ss.

A Journal of the Proceedings of tlie General Ansembly of North Caro-
lina began and held at Edenton on Tuesday the 13*** Day of April
1731.

MEMBERS RETURNED.

Chowan Prec*

Coll : Edward Moseley
Maj' Henry Bonner
Collen Pollock '
Will" Downing } Esq
John Lovick

Pasquitank

Coll : Tho* Swann
M' Grabr* Bumham.
M' GriflSn Jones
M' Jerem** Symons.
M' Charles Sayer.

Bertie

M' Auth' Williams
M' Jam' Castlaw
Coll: Tho: Pollock.
M' Isaac Hill
Capt. Geo: Winns

Hide

M' Tho : Smith.
M' Will" Barrow.

Carteret.

M' Rich'' Russell
M' Jos'* Bell

Bath Town.
M' Rog' Kennion.

n

Pequimans.

M' Mackrora Scarborough,
M' Sam" Swann.
M' Rich* Skinner
M' Chai** Den man.
M' Marma*^ Norfleet,

Currituck

M' John Etheridge
M' Henry White
M' Geo : Powers.
M' Rich** Islands.

Beauford.

M' Edw** Salter
M' Sym : Alderson

Craven.

M' Willie Willson
M' Evan Jones.

Eladen Town.
M' Will- WHHams

Newboum Town.
M' Walter Lane.

The Members attended on His Excellency the Gover. in the Council
Chamber, and were directed by him to chuse their Speaker, and said be

286 COLONIAL RECX)RDS.

would be ready to receive him in the Council Chamber at 9 'oth clock to-
morrow morning.

The Members returned to their house and chose Edw** Mosely Esq" to
be their Speaker.

John Baptista Ashe Es([" one of the nieuibers of the Council came to
the Table of this House to administer the Oaths for the Quallification of
the Members, and imediately Edw** Moscley, Esq' Si)eaker Maj' Henry
Bonner John Lovick Esq" Cullen Pollock Escj" Will" Downing Esq"
M' William Williams M' Mackrom Scarborough, M' Sam" Swann M'
Rich* Skinner M' Char : Deuman M' Marmaduke Norfleet Coll : Tho :
Swann M' Gabrill Burnham M' Griffin Jones M' Jeremiah Symons M'
Charles Sayer M' John Etheridge Capt: Tho: LoN\i:her M' George
Powers M' Rich** Islands M' Tho : Smith M' Will" Barrow, M' Edward
Salter M' Roger Kennion M' Will" Wilson M' Joseph Hannis M' Arthur
Williams M' James Castelaw Coll: Tho: Pollock M' Isaac Hill Capt:
Jno : Winns, took and subscribed the Oaths, made and Subscribed the
Declaration by Law appointed for their Quallification in the presence of
the said M' Ashe.

Adjourned to 8 'oth Clock Tomorrow Morning.

Wednesday April 14?^
Mett according to adjournment

The House attended the Governor and presented Edw* Moseley Esq"
their Speaker, and then the Governor made the following Speech

Gentlemen of the Council and Gentlemen of the House of
Burgesses.

His Majesty the King our most Gracious Lorrl and Master having
honoured me by his commission to he Governor of this Province on my
arrival here by and with the consent of Council Issued writts for the
several precincrts and Towns to chuse Burgesses to meet on the 13th of
this month I assure you Gentlemen it is a great satisfaction to me that
we are now assembled I cannot doubt of your ready ciomplyanoe in pass-
ing such Acts as are required by his Majesty in the lO"* 31*** 42*** Ql^ 63**
75*^ 76"^ & the 114**» Articles of my Instructions

Gentlemen

I assure you that I have as much inclination to promote the Welfare
of this country now as formerly I exi)ect every member of this Assem-
bly comes liere with an Intent to doe everything that may ho, to the Kings
Honour and the Go(xl of North Carolina I hope we shall behave our-

COLONIAL RECORDS. 287

selves with so much duty that his Majesty will have pleasure in granting
us his Royall Favours when we approach his throne with our Humble
Petitions

Gentlemen

There are Several matters absolutely necessary to be settled in this
Assembly Particularly how to keep the Bills to the value they ought to
pass for; The settlements being so far attended I think it needfull that
the Chief Justice with his Assistants should for the ease of the people
hold Courts in three different parts of the Province twice a year

That Wills should be proved and Licences given by a projjer Officer
in every Precinct.

That effectual methods be taken to procure a direct Trade to Europe
and the West Indies without which this Country will always continue
poor.

To pass an Act for building a Town on Cape Fear River and appoint-
ing Commissioners for that purpose.

To appoint an Agent and settle a Salary for transacting the affairs of
this Province in England.

Gentlemen of the House of Burgesses.

I am fully sensible how necessary your presence is at this time of the
Year on your Respective Plantations therefore will do all in my power
to make this a short Session If you judge it necessary depute some of
your House to advise with me on any matters you have occasion to debate
which may expedite business and prevent Misunderstandings ; I recom-
mend to you Unanimity and agreement and that your Debates be carried
on with Modesty and good manners

Gentlemen of the Council

I return you my sincere thanks for the readiness you have shown in
dispatching all Business that has come before us; Your Demeanour to
me has been so full of respect that I am at a loss for words to express
the esteem and due r^ard I have for persons of so great worth and ex-
cellent Quallifications.

Gentlemen

My diligence and industry in promoting new Settlements in this
Country when Governor for the Proprietors you remember and the
happy Effects thereof are known to every man in this Province, that on
Cape Fear River began by me Six years past is now the place of the

288 CJOLONIAL RECORDS.

greatest Trade in the whole Province. All the Reward I ever received
for the Charges necessarily and unavoidably oo?asioued by that under-
taking the losses I suffereil and the great Hardshi])s I endured was the
thanks of a House of Burgesses

Gentlemen

Your behaviour at this time is of the utmost Consequence to North
Carolina it is in your jwwer to make it y^ry happy by cheerfully and
willingly {)erforming what is recjuired of you by the Greatest and best
King that ever Swaid the British Scepter; Consider you have at this
time a Governor that is intirely your Friend and Well Wisher that will
joyn his own Interest to Obtain for this Country all that is now, or has
any appearance of being for your good ; I sincerely desire that your
Proceedings may accomplish and perfec^t all that is wanting to make this
Country populous, happy and rich

The Members returned to their House where the Governors Speech
was read, also the articles of the Governors Instructions referred to in
his Speech.

Ordered. That the Consideration of the Governor's Speech be referred
untill tomorrow morning.

M' Williams delivered to the House his Majesties Commission to
the Governor for the perusal of the members and the Satisfaction of the
House the Same was publickly read, and a Copy thereof that was Deliv-
ered by M' Williams l)eing examined and corrected

Ordered. That the Same l)e Kept among the Papers belonging to the
House and an Entr}' thereof in the Journal book and that the Original
Commission l)c delivered to the Governor by the Memlx^rs of Chowan
Precinct with the thanks of the House.

The House made choice of Chris" Becket to Ix^ dore keeper and John
Nairne to Ik? messenger of this House.

Ordere<l. That M' John I^ackv late Clerk of this House, do forth-
with deliver at the Table of this House, all the Journals and Papers
belonging to the General Assembly

The House proceeded to enquire into controverted Elections and
Returns, and resolved that any Member of the House as is a Magistrate
may give an Oath if thought necessary for the l)etter discovering the
Truth wncerning such elections.

On examining the Several returns for Newl)ern it apjieared to the
House that M' Walter I-iane was elect^Kl for that town

Ordered That the name of Joseph Hannis inserted in the return of the
writ be erased and the name of Walter Lane inserted

COLONIAL RECX)RD8. 289

Ordered That M' Benjamin Peyton the Marshall of Bath County do
cause John Rogers his Deputy to attend this House on the 26"* day of
this month or sooner if it may be.

Read the Petition of M' Patrick Complaining of an undue return of
a member for Bath Town.

Ordered. That M' Benjamin Peyton do cause his Deputy Jn" CoHis-
son to attend this House the 26'** day of this month or sooner if it may
be.

Adjourn'd to 3 'oth Clock afternoon

Met according to adjournment.

The Members of Clowan precinct reporteil to the House that they
waited on the Governor at his Hoase and delivered him the Commission.

The House made choice of M' Williams to be Clerk of the General
Assembly

Ordered. That the said M' Williams do give sufficient security in the
sum of 2000* Currancy of this Province for the faithfull Discharge of
his Office the preserving and safe keeping the Journals and papers be-
longing to the house and his delivering them to the Table of the house
when required.

Ordered. That the Original Deed of Grant from the true and absolute
Lords Proprietors of Carolina, to the inhabitants of the County of Albe-
marle dated in the year 1668 which was lodged by a former Order of
Assembly in the hands of George Sanderson Ksq" be laid before the
house a Monday next

Read the Petition of M' Thomas Ijowther as Burgess for Currituck
Precinct ; on which the House Examined Otho Holland the Marshall of
Currituck and after the matter had been fully debated.

Resolved. That M' Lo^vther was not duly elected.

Ordered. That a Writt do issue for electing a Member for Currituck
Precinct in the room of M' Lowther.

It appejiring to this House that Otho Holland hath misbehaved him-
self in the Said Election it is Ordereil : That the Messenger do take the
Said Holland into Custody so as he have him l)efore this House tomor-
row.

Read the petition of Joseph Han n is complaining of an undue Election
and return of M' Walter Lane as Burgesse for Newbern.

Ordered that the said Petition be referred untill the Deputy Marshall
of Cravan Precinct do attend the House.

M' White, M' Jones, M' Alderson, M' Lane, M' Rustall and M' Bell,
Members of this House M' AyliflFe Williams Clerk Christopher Becket
37

290 CJOLONIAL RECORDS.

Dore Keeper and John Nairne Mesaenger, took the Oaths made and
subscribed the Declaration by Law appointed at the Table of this House
before Cornelius Harnett Esq" a member of the Council.
Adjourned to 8 'oth clock tomorrow morning.

Thursday April 15*^

Met according to adjournment.

M' Ayliffe Williams Clerk of this House produced His Excellency
the Governors Certificate in these Words viz* I do hereby certify that
Ayliffe Williams Gentleman Clerk of the Assembly within this Province,
hath this day given security in the Sum of five hundre<l Pound sterling
for his Said Office which Bond is lodged with me.

GEO: BURRINGTON

Which was endorsed by Nath* Rice Esq" Secretary of the Province in
these Words. I do hereby certify that the within mentioned Bond is
lodged in the Secretarys office of this Province April 15*^ 1731.

NATH RICE Secretary

Ordered That the same Certificate do remain with the Speaker.

The House directed the Governors Speech to be read. Whereupon it
was Resolved that an address to his Excellency the Governor be pre-
pared, giving him the thanks of this House for his kind Speech to this
Assembly and to acquaint him that this House will Proceed to consider
the several paragraphs thereof as soon as the same can conveniently be
done.

Ordered. That M' William Downing, M' Charles Denman, Coll :
Thomas Swann, M' John Etheridge Coll : Thomas Pollock, M' Thomas
Smith, M' William Williams and M' Walter Lane be a Committe for
preparing the said address and that the Same be laid before the House
tomorrow.

Sundry Books and papers belonging to the House were delivered at
the table by John Leaky said to be the Same as was lodged at M' West-
beer^s.

Ordered: That the same members who were present at their being
removed from M' Westbeer's do Examine the same, and report to the
House whither the same are all that were lodged there.

Adjourned to 8 'oth clock tomorrow morning.

Friday April 16*^
Met according to adjournment.

Ordered. That John Lovick Esq** Coll : Cullen Pollock and M' James
Castelaw be a Committe for preparing a Bill for the Ease of the People

COLONIAL RECORDS. 291

of this Province — relating to the Probat of Wills granting marriage
Licences and other things.

Read The humble Pettition of Esua Albertson, and other Petitions of.
Merchants and Owners of Vessels in Beauford and Hide in r^uard to
their Hardships in paying such large Fees to the Officers of the Ports
in this Province.

Resolved. That this House will resolve itself into a Committe of the
whole House on Monday Morning next to consider of those and all other
Grievances as shall come before this House

Read "^e Petition of Grievances of the upper Inhabitants of Chowan
Precinct also the Petition of Watkin Price.

Ordered. That the said Petitions be referred to the Comitte a Mun-
day next

Adjourned to 3 'oth Clock in the afternoon.

Met according to Adjournment.

Otho Holland appeared at the Barr of this House according to order
and made an humble acknowledgement of his Fault, humbly prayeth to
be discharged.

Ordered. That he be discharged paying his Fees

M' Dawning reported from the Committe for drawing up an address
to his Excellency the Governor which was read and after several amend-
ments made.

Ordered. That the same be engrossed and that this House will wait on
his Excellencj' with the same Tomorrow.

Adjourned to 8 'oth Clock Tomorrow Morning.

Saturday April 17***

Met according to Adjournment

Ordered: That the Publick Treasurer accounts and all others con-
corned with Publick moneys be laid before this House a Wednesday
next.

Ordered. That a Bill be prepared for the more easy Administration
of Justice to the Inhabitants in the Remote parts of this Grovemraent.

The Address to the Governor in Answer to his Speech was read in
the House and consented to.

Ordered. That M' Isaac Hill, and M' Arthur Williams do wait on
the Governour and acquaint him that this House is ready to attend with
their address in answer to his Speech, they waited on the Governor and
reported to this House that the Gt)vemor informed them their House
was adjourned till Monday Morning.

Adjourned to 9 'oth clock Monday Morning.

292 COLONIAL RECORDS.

Monday April 18th

Met according to adjournment.

Ordered. That the address of this House in answer to the Governors
Speech be referred to further time for the Delivery.

Ordered. That the Articles of the Governors Instructions laid before
this House be referred to the Comraitte appointed to draw up an address
to the Governor.

M' Swann delivered at this Table the Original Deed of Grant from
the Lords Proprietors to the Inhabitants of the County of Albemarle
dated May 1**» 1668. ^

Ordered. That a Coppy Thereof be inserted in the Journal Book of this
House and the Original kept by the Speaker for the time being.

George Duke of Albemarle Master of his Majesty's Horse, Edward
Earl of Clarendon, William, Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Chancellor of the Exchequer, Sir George Car-
teret Vice Chamberlain of his Majesty's Household, Sir William Berke-
ley Knight and Sir Peter Colleton Barronet The true and absolute
Lords Proprietors of all the Province of Carolina.

To our Trusty and wellbeloved Samuell Stephen Esq** Governor of our
County of Albemarle and the Isles and Isletts within tenn Leagues
thereof, and to our Trusty and Wellbeloved our Councellors and
Assistants to our said Governor Greeting.

Whereas We have received a Petition from the Grand Assembly of
the County of Albemarle praying that the Inhabitants of the said County
may hold their Lands upon the same terms and conditions that the
Inhabitants of Virginia hold theirs, and forasmuch as the said County
doth border upon Virginia and is much of the same nature Wee are
content and do grant that the Inhabitants of the said County do hold
their lands of us the Lords Proprietors upon the same Terms and Con-
ditions that the Inhabitants of Virginia hold theirs.

Wherefore Be it known unto all men by these presents that Wee the
said Lords and Absolute Proprietors of the Couaty with the Province
aforesaid Have given granted and by these presents do give and grant
full Power and Authority unto our said Governor by and with the Con-
sent of our Council or the Major part thereof, or to any Governor for
the time being or that shall hereafter be by us appointed full Power and
Authority by and with the Consent of our Council then being or the
Major part thereof to convey and grant such Proportions of Land as by
our Instructions and Concessions Anexed to our Commission bearing
Date in October 1667 Wee have appointed to such persons as shall come

COLONIAL RECORDS. 293

iuto our said County to plant or inhabit; to be held of us and our Heirs
and Assignes upon the same terms and conditions that land is at this time
present usually granted in Virginia anything in our Instructions and
Concessions aforesaid to the Contrary Notwithstanding. And we do
hereby declare and consent that the Warrant to the Surveyor for the
laying out of said land and the and the return thereon being roistered
and also the Grant of you our said Governor and Council, or Governor
and Council that shall that shall be when such land is due having the
Seal of the County affixed to it and signed by yourself and major part
of the Council for the time being, being roistered shall be good and
eifectual in Law for the enjoyment of the said Land or Plantation and
all the Benefits and proffits of and in the same Except one half of all
Gold and Silver mines to the party to whome it is granted his heirs and
assigns for ever he or they performing the Conditions aforesaid Given
under our hands and great Seal of our Province this first of May Anno
Domino 1668.

R^ister^ y* 13 day of July 1693
'^ Edw^ Mayo. Clerk : Council

ALBEMARLE, JO: BERKLEY, G. CARTERET.

CRAVEN, ASHLEY, P. COLLETON

I M M >•»

t THE I
I SEAL I

That as this day was appointed to examine into Several Grievances it
be referred till tomorrow

Adjourned to 9 'oth clock tomorrow morning

Tuesday April 20*^

Met according to adjournment

Edw* Moseley Esq' Publick Treasurer delivered in at the table the
Publick Accounts.

Ordered. That John Lovick Esq** M' Cha' Denman, M' Gabrill Burn-
ham, M' Geo: Powers, M' Arthur Williams M' William Wilson, M'
Will" Barrow, M' William Williams be a Committeof this House to be
joyn'd with such members of the Council as shall be appointed to inspect
and settle the same and the Accounts of all others concerned with the
Publick money and report the Same to this house.

Sent to the Governor & Council for Concurranoe.

By order

AYLIFFE WILLIAMS O^ Gen" Ass:
J. fM' Williams \
^y \ & M' Winns /

294 COLONIAL RECORDS.

The Publick Treasurer also delivered in at the table Sixteen Bundles
of Old Bills of Credit Exchanged by him Said to contain £7343.10.6.

Ordered That the Committe appointed to settle the Publick Accounts,
do exchange the Same parcels of Bills and make report thereof to the
House that the Same Bills may be destroyed

Received the following message from the Upper House

M' Speak' & Gent* of the Lower House

This house has appointed Will" Smith Edm"* Porter & Cornel : Har-

net Esq" to be joyn'd by the Members by you appointed to inspect and

settle the Publick Accounts

By ord«r

ROB : FORSTER for C*^ of the upper house

Adjourn'd to 9 'oth clock Tomorrow Morning.

Wednesday April the 21"*

Met according to adjournment.

The Artitjles of His Majestys Instructions referred to in the Gov-
ernor Speec^h were read and debated.

Whereupon the house came to the Following Resolutions : viz*

On the 19*** Article — Resolved in the Address to be prepared to his
Majesty the thanks of the General Assembly be dutifully given to his
Majesty for his Fatherly indulgence in remitting the Arrears of Quit
Rents due from Sundry persons in this Province.

At the same time it may be mentioned that the Arrears in this Pro-
vince were ver\' small in comparison with South Carolina.

That the General Assembly accepts of his Majestys Gracious offer of
receiving the Rent8 for lands in Proclamation money.

That this house will proceed to regulate and ascertain the Fees of all
Officers in Proclamation Money and as this House is of Opinion there is
not a sufficient Currancy of Silver and Gold for a Twentieth part of
what shall be necessary for the several payments to be made to the Offi-
cers and for Rents: This house will propose that all such paymentA be
made in some valuable commoditys or in the Bills : Now currant in this
Province at proper Rates. And that a Bill for that Purpose be prepared
accordingly.

On the 31 — ^The Resolution of the House was

That as the Inhabitanta of this Province pay so large Quit Rents
which we are of Opinion amounts to the sum of 1200* ^ Annum which
sum will increase as the Province becomes more fullv settled it is con-
oeived we are not obliged to pay the Salaries of any Officers but that

COLONIAL RECORDS. 296

Salaries were established by the Lonls Proprietors and by their orders
paid out of their Revenue arising by the Quit Rents and the sale of
Land.

The charge of the Gov* Council and assembly during their Session has
been allways defrayed by the Publick

On the 42* — The Resolutions of the House was

That this will be ready to give such assistance as shall be necessary to
cause a due cultivation of the Lands hereafter to be taken up but as
to the Method of cultivating 3 Acres on every 50 which is said to be the
Rule layd down by his Majesty, it is the Opinion of this House that so
strict a rule will very much impeed the settlement of this Province, and
thereby lessen his Majesty's Revenue, and that his Majesty be humbly
addressM to permit Lands to be taken upon more easy terms and that
in the said address to his Majesty mention be made of the Deed of Grant
to the Inhabitants of the County of Albemarle. As also to confirm the
Titles of such as have purchased Lands and paid their money for the
same before the arrival of his Excellency the Governor.

On the 61^ — The Opinion of the House was

That the Law relating to Jurors do stand, in r^ard none are to be on
Jurys but such as are in the Lists formed by the Assembly.

On the 63"* — The House resolved that it Should be further considered
and that Some proper Method be Provided for the better Government of
Slaves.

On the 75*** & 76**" — They are already provided for in the Acts relat-
ing to Vesterys.

On the 114*^ — That it be further considered.

Ordered. That the Committee appointed to draw the address to the
Governor be a Committe for drawing up an address to his Majesty, and
to prepare Such Bills as are necessary & agreeable to his Majesty's
Instructions, Referred to in the Governor's Speech.

The House waited on His Excellency the Governor with the following
add res.

To HIS ExcELL*^ Geo: Burrington Esq"* His Maj**** Cap* Gen"
& Gov' in Chief of North Carolina

The humble Address of the General Assembly of North Carolina

We the Kings most Dutifull and Loyall Subjects the Representatives
of the People of North Carolina With great pleasure congratulate your
Arrival in this Province, with that command which his most gracious
Majesty has been pleased to confer on you ; We have formerly Expe-

296 (X>LONIAL RECORDS.

rianccd your care for the Welfare of this country and we rest fully
assured that We Shall not want your best Endeavours to promote the
lasting Happiness of the People of this Province We Sincerely promise
for ourselves that we will not be wanting to do everything that we think
may contribute thereto and the Honour and Interest of Majesty's Ser-
vice.

The several Articles of His Majesty's Instructions which you have
laid before this House shall be Duly considered to us, and as we propose
to address his Royall Majesty concerning some of the matters contained
therein, we doubt not but our dutifull behaviour to you, and what we
shall propose for his Majesty's service and the Welfare of this Province
will procure our Addreases a favourable Reception.

We observe how particularly you recommend to us the settling a
method to keep the Bills currant in this Country to their Value; We im-
agine the same is already sufficiently provided for by the Act passed in
the Biennial Assembly 1729 nor do we find but the Credit given them
by that Act is preserved by the Currancy they have obtained all over
this Grovernment but if any better Method can be proposed for estab-
lishing their value we shall very readily take the same into our Consid-
eration.

As Every thing your Excellency rt?commends shall have its due weight
with us we are of opinion with you that the remote Scituation of Divers
parts of this Province from Edenton the metropolis of this Grovernment
will make it necessary that some Provision be made for the more easy
Administration of Justice in those remote parts A bill for which Pur-
j>ose wee shall order to be prepared accordingly.

We heartily thank you for the ease you propose to the Inhabitants
relating to Wills and Licences a Bill for which Purpose Wee have
ordered to be prepared: and as your Excellency has indulged us thus
farr We make no doubt that when we propose other matters of equal
concern for the good of this Province we shall have your Chearfull Con-
currence.

We understand there is a Town already establised on Cape Fear River
called Brunswick in New Hanover Precinct in Respect to one of the
Titles of the Illustious House of Hanover and we are informed it is like
to be a flourishing place by reason of its excellent sc^ituation for the
Trade of those parts, to promote which or any other place on that River
that shall be judged more proper. We will readily give such assistance
as is in our Power.

COLONIAL RECORDS. 297

The Services don this Province by the settlement bc^n by you at
Cape Fear we have a gratefull sence of which we shall make evident on
proper Occasions and in a particular manner we propose to be mindfull
thereof in our Address to His Majesty.

All the other parts of your Excellency's Kind Speech we will take
into our serious consideration. We hope the Behaviour of the Assem-
bly of this Province at this Juncture and at all times hereafter will
demonstrate that the Inhabitants of this Province have the greatest Duty
and Loyalty to his Majesty, Zeal and affection for your Excellency and
the Welfare of this Province.

By order of the General Assembly

E. MOSELEY Speaker.

The House returned and M' S|>eaker reported that the Governor
ordered this House do attend him at Eleven a Clock to morrow morning

Read the Petition of Merchants and Masters of Vessells &c :

Complaining of Exorbitant Fees taken by the Collector and Naval
Officer of Port Bath

Onlered that the following Resolution be sent to the Governor an
Council

Whereas By the Royal Charter granted by King Charles the Second
to the Lords Proprietors of Carolina it is granted that tlie Inhabitants
of this Province shall have, posses enjoy all Liberty's Franchises and
Privileges as are held po.ssest and enjoyed in the kingdom of England.

And Whereas it is the undoubted Right and Priviledgc of the People
of England that they shall not l)e taxed or made lyable to j)ay any sum
or sums of money or Fees other than such as are oy Law established
Notwithstanding which it appears by Complaint made in most parts of
this Province that the Officers in General, do demand, take and receive
from the Inhabitants and Masters of Vessells trading to this Province,
four times more than the Fees appointed by the Laws of this Province
to the great Discouragement of the Trade of this Province and the
Oppression of the People

Resolved. That this House do wait on the Governor with this Com-
plaint and that the Council be desired to joyn with this House in request-
ing His Excellency to issue a Proclamation, declaring such Practices to
be contrary to Law: and an Oppression of the subjects; and strictly for-
bidding all Officers to take larger Fees than is by Law appointed, under
Pretence of difference of money untill such time as the Officers Fees

38

298 COLONIAL RECORDS.

shall be regulated by Authority of Assembly, this House now having

the same under consideration pursuant to His Majesty's Instructions

By Order

WILLIAMS f O* Gen" Assem**^
M' Scarborough
& M' Denman

Adjourned to 8 *oth clock Tomorrow morning

By{

Thursday April 22*

Met according to adjournment

The House waited on His Excellency the Grovernor pursuant to yes-
terday Order

The House returned and M' Speaker Reported that the Governor
caused two of his Instructions to be read before them viz' 37*** & 47*^

Resolved. That this House Send the following Request to His Ex-
cellency the Grovernour.

The House Request his Excellency the Governor that he will be

pleased to lay before this House a Copy of the Two Instructions which

he read to them and that what his Excellency shall think proper to Say

to this House on those Instructions may be put into writeing

By order

WILLIAMS O* Gen" Assem"^
By M' Skinner

& M' Bumham

Adjourned to 9 'oth clock tomorrow morning.

Friday April 23*

Met according to adjournment

To His Excellency the Governor.

Voted. That the Rever* M' Nicholas Jones be paid the sum of tenn
Pounds for officiating Divine Service this Day before the Grovernor
Council & Assembly and his Excellency the Governor is requested to
issue this Warrant to the Publick Treasurer for payment of the Same

Sent to the upper house for Concurrence

By order

WILLIAMS O^ Gen" Assem"^
M' Symons
& M' Bumham

{

/

CX)LONIAL RECORDS. 299

Received the following message and the Copy of the 37* & 47**
Instructions from the upper House.

M' Speaker and Gentlemen of the House of Bubgesbes

I think it necessary to cause Two Articles of my Instructions to be
read to you that no Person in your House may pretend ignorance in a
Matter where the Kings Commands to me are positive viz* 37** &
47** you may apply to me when and as often as you desire to Inspect
the Publick Accounts, and they shall be laid before you. I think it
absolutely necessary for his Majesty's Service and the good of the Coun-
try that a Treasurer be appointed, Therefore I shall with advice of the
Council speedily appoint a fitt Person to execute that Important office
untill His Majesty Commissionates one

CH : FORSTER for the O* of the upper house

Adjourned to 9 'oth clock Tomorrow morning.

Saturday April 24**.

Met according to adjournment.

This House takeing again into consideration that Article of the Gov-
ernor's Instructions relating to purchase of land whereupon it was pro-
posed by some Members of this House that this House should address
the Governor and Council to compel the late Receiver to give Security
to repay the severall sums received by him for lands in case his Majesty
shall declare those Grants to be void, with which William Little Esq"
the late Receiver was acquainted by the House and was heard.

Ordered. That the Governor and Council be addressed and that Coll :
Tho : Swann, Coll : Cullen Pollock and M' James Castlaw be a Com-
mittee and do prepare an address by Monday Morning Next.

The opinion of this house on the 37** & 47** of his Majesty's Instruc-
tions was sent to his Excellency the Governor but he not being in Coun-
cil the delivery thereof was deferred till Monday.

Adjourned to 9 'oth clock Monday Morning.

Monday April 26**

Met according to adjournment.

Received the following message from the Council

M' Speaker & Gent* of the House of Burgesses

Whereas His Majesty in his Instructions to His Excellency the Gov-
ernor hath ordered & directed that all Fees shall be paid to the officers in
Proclamation Money and the said Instructions having been laid by his

300 CJOLONIAL RE(X)RDS.

Excellency's orders before the Council and House of Burgesses the
said Burgesses immediately came to a resolution which they soon deliv-
ered to His Excellency in effect declaring that the said Instructions were
contrary to Law and tended to the Oppression of his Majesty's subjects
and the said Burgesses having in their said Resolution Arn^ted and
assumed to themselves the sole power of Establishing Fees Exclusive
of the Governor and Council —

Resolved. That the said Resolution of the House of Burgesses is a
great invasion of his Majesties Pren^tive and do highly reflect on the
Honour and Dignity of His Crown.

Resolved. That the said Resolution of the House of Burgesses openly
tends to divest the Governor & Council of their share of the l^islative
authority vested in them by his Majestys Commission and Instructions
founded on the Lawes of the English Constitution ; and that they setim
therein to set up and erect some other form of Government than is
allowed by the Laws of Great Britain.

By order
CH : FORSTER for the C"' of the upper House.

M' Speaker and Gen" of the House of Burgesses.

In answer to your unreasonable complaint concerning Fees I must
inform you that I have proposed to the Speaker and most of the Mem-
bers of your House that myself and all the Kings Officers there are more
beneficial than here. Having also read the answer Drawn up by the
Council to the aforesaid complaint, desire you Gentlemen Sedately to
consider of it, for my own part I cannot refrain from telling you that
whoever the person was that formed the said Paper of Complaint, I com-
pare him to a Thief that hides himself in a house to rob it & fearing to
be discovered, fires the house to make his escape in the smoak.

GEO: BURRINGTON.

This House immediately declared that the same complaint was the
Unanimous Voice of the whole house no one member dissenting thereto.

That this House never intended to assume to themselves alone the
Power of establishing or altering Fees, this house having ordered a Bill
for an Act to be brought in for r^ulating and establishing Fees.

That this House will give a more full answer to the two Instructions
which was to have gon a Saturday

To HIS Excellency the (Jovernor.

In answer to what your Excellency was pleased to deliver in writeing
to us with the 37** and 47** Articles of his Majesty's Instructions, we

COLONIAL RECX)RD8. 301

are of Opinion that no public money ought to be issued but as directed
by the Governor Council and General Assembly, and this House is of
Opinion that by the Act of the Assembly passed in November 1715
Entituled an Act Publick Treasurer to Account. This House in con-
junction with the Governor and Council hath a larger Right than only
to view and examine the Publick Accounts.

This House is of Opinion that the 47*** instruction doth not extend to
Officers appointed by Act of Assembly as are the Publick and Precinct
Treasurers and sundry other Officers.

And as the office of Publick Treasurer which you are pleased to men-
tion in particular, this House declares they are very well satisfyed with
the Ability and Int^rity of the Present Publick Treasurer Edward
Moseley Esq** who was appointed to that Office in an Act of Assembly
by the Qovernor Council and Assembly ; and we conceive that such an
Officer so appointed is not to l>e removed but by the like Power, and
further this House is of opinion that the Publick Treasurers of our
neighbouring Governments are appointed in like manner by the Grov-
ernor Council and Assembly.

By Order

WILLIAMS f O^ of the Gen" Assem"^
M' Powers

& M' Sayer.

The Elections of Newbern and Bath were disputed.
Ordered. That the same be further considered Tomorrow. Adjourned
to 9 'oth clock Tomorrow Morn'

Thursday April 27**»

Met according to adjournment.

On Debate this day concerning the Election for Bath Bath Town, it
appeared to this House that M' Roger Kennion was duly elected and
returned

On Pebate it appeared concerning the Election for Newbern Town
that M' Walter Lane is duly elected and returned.

Ordered. That leave be given to bring in a Bill for the better regu-
lating the Elections of Burgesses for the Town.

Ordered. That Coll: CuUen Pollock, M' Cha: Denman Coll: Tho:
Swann, M' John Etheridge, Coll: Tho: Pollock M' Walter Lane and
M' Tho: Smith be a Committe to draw up a more full answer to the
two papers received from the Governor and from the Council.

302 (X>LONIAL RECORDS.

Received the followiug Message from the upper House.

M' Speaker and Gent* of the House of Bukges8E8

In answer to your message yesterday we must ol)serve that we find
greater inclination in you to Cavill and Raise difficultyes than to do any-
thing thay may tend to his Majesty's Honour and the good of this Pro-
vince

Gentlemen — We insist it is the intent of some persons to create ani-
mositys and ferment Divisions a method too frequently practiced formerly
as well as now in order to screen and secure themselves from an enquirey
into their conduct which we believe has not been the most upright and
regular.

Nothing can be more clear or more express than the latter part of his
Majesty's 47*** instruction wherein his Majesty declares that no Officer
whatever shall be appointed but by himself or his Governor which
surely excludes the House of Burgesses from any share in the nomina-
tion of a Treasurer unless you can prove that the Treasurer is not a publick
Officer. And as to your present Treasurer we agree with you that he is
a person of sufficient ability and we heartily wish his Integrity was equal
to it, we must likewise informe you that he was not appointed by any
lawfull authority, and as to your pretended Laws of 1729 it is very
obvious to any man who suffers not his reason to be guided by a spirrit
of Faction that they are void and were passed with no other intent than
to deprive his Majesty of his just rights settled upon him by the Laws
and Constitutions of Great Britain

By Order

R. FORSTER C^ upper house.

This house is of opinion that the Several Ebcpressions contained in
the forgoing paper reflecting in general terms on some of the members
of this House and on the publick Treasurer in particular are very un-
presidented and a great Violation and Breech of the Priviledges of this
House, and as to the caracter of the Publick Treasurer the present
Speaker of this House who is particularly named therein : The members
of this House declare they are very well satisfyed as well with his Integ-
rity as his Ability His Accounts allways appearing to be just and true,
and have now this Session been examined by a Committee of Both
Houses.

Ordered That the Committe appointed to answer the other papers;
Do draw up an answer to this.

CJOLONIAL RECORDS. 803

Read the Petition of Jn*' Gilbert, Cha* Jones Chris: Zehn praying
they may l)e levy Free — Granteii

Ordered : That Josiah Montgomery of Hide pree* be Levy free.

Ordered : That Will" Hooker of Bertie prec* be clear of duty and
working on the high ways

Adjourned to 9 'oth clock Tomorrow Morning.

Wednesday April 28"»

Met according to adjournment.

To His Excellency the Governor.

Voted. The Messenger that went to Cape Fear to Summons the Coun-
cil on the first arrival of his Excellency the Grovernor in this Province
be paid the Sum of tenn pounds for his Journey, and his Excellency the
Governor is requested to issue his Warrant to the Publick Treasurer for
the payment of the Same.

Sent to the Council for Concurrance

By Order

WILLIAMS C^ Gen" AsBem"^

To His Excellency the Governor

Voted. The Messenger that went to Cape Fear to fetch the Publick
Seal of this Province be paid the Sum of tenn Pound for his journey.
And his Excellency the Governor is requested to grant His Warrant to
the Publick Treasurer for the payment of the Same.
Sent to the Council for Concurrance

By Order

WILLIAMS C"^ Gen" Assemby

Ordered. That Rich"* & Will" Islands of Currituck precinct be Levy
Free.

Read the Petition of Will" Killingsworth Praying that a Ferry be
established on Roanoke River.

Ordered. That leave is granted, and that M' James Castelaw & M'
Arthur Williams do prepare a Bill accordingly.

The Committe reported to the House that they had prepared a Draft
of an Answer to the Governors as also an Answer to the two resolves of
the Council, as also to the message delivered yesterday from the Council
which were all read and consented to by the House nevertheless this
House will defer the Delivery of the Same untill further order.

Ordered. That Cornelius Daniel Jn*" Brock and David Perkins and
Jn* Proctor of Beauford be Levy Free.

Adjourned to 9 'oth dock Tomorrow Morning.

304 CJOLONIAL RECORDS.

Thursday April 29*^

Met according to adjournment.

Read : The first time a Bill for an Act Entituled An Act To r^ulate
an ascertaine the Payment of Quitt Rents & Fees of the Officers of this
Government and passed.

Read: The first time a Bill for an Act appointing a Ferry on Roan-
oke River and passed.

Adjourned to 9 'oth clock Tomorrow Morning.

Friday April 30'*^

Met according to adjournment.

Sent to the Upper House a Bill for An Act Entituled An Act to reg-
ulate and ascertaine the payment of Quit Rents and Fees of the officers
of this Government Also a Bill for appointing Killingsworth Ferry on
Roanoke River both having been read the first time.

Adjourned to 9 'oth clock Tomorrow morning.

Saturday May 1**

Met according to adjournment.

To His Excellency Geo : Burrtngton Esq** Governor & Com-
mander IN Chief &c:

It was the greatest surprise imaginable to this House when they
received your Paper in Answer to complaints concerning Fees.

It is the undoubted Right of the Representatives and nothing more
projKjrly their Business then to complain when they find the subjects
oppressed and the trade of the Province injured and we can hanlly find
a more generall Evil then what we have complained of.

And as our Laws have stood for near twenty years the Officers Fees
have been paid in Paper curraucy at the Rates mentioned in the Acts of
Assembly, and now when we find the Officers taking four times as much
altho' the same Laws remain in Force our Complaints are called unreas-
onable— Nor doth what you say of your proposal to some of the mem-
bers out of this House of having the Fees settled as in Virginia in our
opinion put that affair in any better but rather in a worse Light, that
proposal being contrary to the Kings Instructions which recommended
the Fees to be established in Proclamation Money.

But what this House is most astonished at is the close of your Paper
when you tell the House you cannot refrain from telling them that
whatsoever the person was that formed the said paper of complaint; you
compare him to a Thief that hides himself in a House to rob it and
fearing to be discovered fires the house to make his escape in the smoak.

COLONIAL RECORDS. 306

We assure you we have sedately considered your paper and the
answer of the Council sent therewith and we think we have given them
a sufficient answer so we trust we shall your Excellency when we
declare that the Complaint we sent was the unanimous Voice of the
whole House no one member dissenting therefrom.

And we are of Opinion that such Treatment of any member of this

House in particular (which seems to be the Intent of your Exoellencys

harsh Simily) is a great indignity and contempt put on the whole House,

a Breach of Privilidge and tends to the deterring the members from

doing their Duty which we are well assured will be as disagreable to

the Known Justice of his Sacred Majesty to hear as it is grievous and

hnrtfull to the just Freedom of the Subjects.

By Order.

WILLIAMS f C^ Gen" Assembly.
M' Rustell

& M' Bell.

To THE Hon"* The Members of the Council

This House findeing the two Resolves sent from you founded on three
particular assertions mentioned in the Preamble to the said Resolves, viz*
1"* Concerning his Majesty s Instructions
2*"* The Resolutions of this House thereon; as you say
3rd 'pj^p Power which you pretend this House hath assumed.
This House conceiving that you have not only put a wrong senoe on
the Kings Instructions but allso on the Proceedings of this House, we
think ourselves bound to clear up such reflections as are cast on us by your
paper. Wherefore we say to the firet, we are of opinion that you mistake
the Royall Instruction it appearing to us to be only proposed by his Maj-
esty that the Fees shall l)e regulated and established by by Act, yett untill
that is done for which in ol)edience to his Majestys Instructions this House
direi^ted the 21** day of the instant Aprill a Bill to be prt^pared for that
pnr[)ose Oflicers ought not to have exacted what Fees they thought projx^r
but to have observed our Laws provided therefore.

2*^ This House never declared that the said Instruction was contrary
to I^aw or tended to the oppression of his Majesty's Subjects ; but that the
Officers there taking larger Fees than is by Law apjwinted was an oppres-
sion of the Subjects, nor did this House immediately come to that Reso-
lution Altho' the Nature of the offence could not but be most highly
moveing, nor was it so soon delivered after the Instructions were laid
before as is suggested, for the Instructions came before the House the 19'*"

39

306 COLONIAL RECORDS.

and the Resolution the 21** day of the Instant and then on reading the
Complaint of the Masters of Vessells, Merchants and Traders, not sup-
posing that his Majesty's Instructions had the least tendancy to counte-
nance the Oppression complained of, and in truth nothing could have been
more amazing unto us that to see our complaint against so Ill^al Practice
put of with so unjust a construction.

3«7 This House never arrogated or assumed to themselves such Power
as is represented in the last part of the Preamble Nor does the House
conceive that their complaint can be so construed because in your paper it
is declared that they had the busineas of the Fees under their considera-
tion pursuant to his Majesty's Instructions, and as the Instruction pro-
posed it to be done by an Act it ought not to be imagined it would have
been proceeded on otherwise indeed had this House published any thing
towards r^ulating the Fees otherwise then with the consent of Governor
and Council such an attempt would have been highly blameable. And
as this House hath thus given just satisfaction to the Council in those
particulars and vindicated themselves from the Aspersions cast on them
as invaders of the Royall Prerogative or Reflecting on the Honour and
Dignity on the Crown endeavouring to divest the Governor and Council
of their part of the legislature or arrogating any other part of Govern-
ment than is consistant with the Laws of Great Britain and the Charter
granted by King Charles the Second to the Inhabitants of this Province.
So we hope you will joyn with us in our request to the Governor that he
may issue a Proclamation declaring such practices to be contrary to Law
and an Oppression of the Subjects and Strictly forbiding all Officers to
take larger Fees than are by Law appointed under Pretence of difference
of money untill such time as they are regulated by authority of Governor
Council and Assembly this House now haveing the same under their con-
sideration pursuant to his Majestys Instnictions

By Order

WILLIAMS f O^ Gen» Assembly.
M' Russell

& M' Bell.

To THE HoNotf the Council

It is the Opinion of this house that the 47 Instruction was never
designed by his Majesty to vacate Such authorities as are granted by Act
of Assembly but only to prevent all persons whatever acting by any
commission from the late Lords Proprietors even such whose right to
offices by grant from the Proprietors were preserved by the Act of Par-
liament are (as we understand that Instruction obliged to have their

COLONIAL RE<X)RD8. 307

Cotuiuissious renued by his Majesty or the Governor, but we do not
understand that Instruction in such sence as that those persons who are
authorized by Act of Assembly must nevertheless have his Majesty's or
the Grovernor's commission, and we hope we may retain this sence of
that Instruction until his Majesty's Pleasure be signified thereon without
those Severe Expressions mentioned in your paper being flung on this
house or any of its members for whatever you may say we are resolved
by our conduct and behaviour to Show our Duty and Loyalty to his
Majesty and to do everything we think may tend to his honour and the
good of this his Province, and we hope when we forbeare to return such
injurious language as is given to this House, we shall show we do not
intend to cavil & raise Dificulties. Nevertheless we think it our duty to
declare this House is of opinion that the severall Expressions contained
therein, reflecting in general terms on some Members of this House and
on the Publick Treasurer in particular are very unpresidented and a
great violation and breach of the Privileges of this House And as to
the Character of the Publick Treasurer the Present Speaker of this
House the members of this House declare they are very well satisfyed as
well with his Int^rity as Ability. His Accounts always appearing to
be just and true, and have this present Session been examined by a Com-
mitty of both Houses, and further we believe it to be our Duty to
represent unto his Majesty the ill usuage this House in generall and
some Members in particular have received, as to your opinion declared
in your message the Laws made in 1729 are void We hope we may
without Offence declare Our Different Opinion Which is that they ought
to Remain in Force until the Royal Pleasure is Signified thereon, and
were those Laws to be otherwise Dealt with we imagine it would cause
great confusion, in this Province in that it would obstruct the Currency
of Bills therein established and be Hurtfull in many other cases, on
which Occ^asion we propose to address His Majesty, and to show that the
Assembly of this Province never meant to deprive his Majesty of any of
His Rights.

What you say of the Publick Treasurer's not being appointed by law-
ftill authority, we doubt not but you will alter your opinion because were
it t<) be admitted that the Laws passed in 1729 were Ipso Facto, void as
Ix^ing made since His Majesty's purchase, which yet we do not grant yet
nevertheless His ap|>ointment to that Office has been by severall Acts of
Assembly ever Since the year 1715.

By Order.
M' Russell WILLIAMS f C^ Gen" Assem**^ *

& M' Bell.

^C*

COLONIAL RECORDS.

Received a Bill for ao Act Entitled an Act to regulate and ascertain
the payment of quit rents and Fees of the Officers of this Government,
endorsed from the upper house. Pushed with amendments.

R FORSTER C^ of the upper House

Adjourned to 9 'oth clock a Monday morning.

Monday May JJ*

Met according to adjournment

Received the following message from His Eicell*' the Gov'

M' Speaker & Gov' op the Assembly

As there are certainly several things in your last message very excep-
tionable I suppose it will be no Breach of Privilidge in me calmly to
point them out to you nor can it be any injustice to say that the language
of your last message as well as the former about Fees is very coarse and
rough and certainly wanted the respect that is due to persons in my sta-
tion which you will in time be convinced of and oblidged to alter your
method.

It is allowed you that the House of Representatives have a right to
complain when injured but it ought always to be done with Decency and
good manners which I think is very much wanting in tliat part of your
last message which tells me I have put the affair in a worse Light and
accuses me with having made a proposall contrary to his Majesty's
Instructions in relation to the Fees in Virginia which I only recommended
as a guide or rule to regulate the Fees here by in Proclamation nmney as
his Majesty has positively directed they shall be taken for the future.
And you will find Gentlemen if yon give yourselves the Time to Peruse
the Kings Instructions that one of them gives the Governor and Conncil
Power to regulate and Settle Fees, and Tables of such Fees to be Hung
up in the Respective Offices they l)elong too, I desire to know how you
nnderstaud this Instruction it appears to me that the Governor and
Ciuincil arc impowered to regulate and Establt.sh Fees and whither there
was not Occasion for it at this Juncture must be left to further Enquiry.

His Majesty has positively declared in his Instructions that for the
future all Fees shall be paid in Proclamation money which is in Effect
Repealing all Laws that declare Pees shall be received nthmrars.

Before the Assembly met myself and the Count^il pursuant ,f.i tlte
altove Instructions declared what was the Value of Proclamation money
in Bills as they now pass : This is what you call Oppr**wion Arbitrarj'
and Illegal Proceedings, General Evil and a Hindraikvtc Trade; ohar^^

CX)LONlAL RECX)RD8. 309

that are very extraordinary in their Nature and ought to have been well
Supported, but in the manner they are used, are realy very surpriseing
and astonishing.

The Council have already in their Amendments to the Bill for Fees
made it evidently appear that the Officers in their Fees by your Late
ICmission of Bills of Credit in the Year 1729 were very much injured
a Crown Sterling being rated before that time at seven shillings and six
pence by Law; and in the regulation on the late Emission of Bills was
valued at five and twenty shillings; and it is very manifest that most of
the Fees now Subsisting were stated before the Emission of any Bills at
all and that the Bills by this time had it not been for the Emission 1729
would or ought to have been sunk so that it is an apparent loss and dam-
age to the Officers if they are obliged to take the Same Fees in Bill of
the late Emission or anything near it and what Inducement it will be to
his Majesty to tolerate the late Bills I leave you to judge when I tell
you it must be represented to the King that these Bills now currant are
a Hurt to no one but his Officers only, who must Abondon their Em-
ployments and depart this Province or starve here if they take their Fees
in the kind manner you prescribe or desire.

Gentlemen. The disrespect shown me I was informed by some Mem-
bers of your House was occasioned by one person who pulled the said
paper out of pocket that he might divert the House and take them of
from another Subject then under consideration. It was my gtxxl opinion
of the House induced me to think they were surprised into such inde-
cent expressions but you now convince me Gentlemen that whoever was
the Author thereof, it is sufficiently supported by your Patronage.

Since you sent that gallant paper there have been two Gentlemen of
the Council have moved to have Proclamation issued which I refused for
the Same reason you were denyed (there being no occasion) I am con-
cerned that any Gentlemen either in your House or in the Upper will
suffer their thoughts to run so much on Proclamations I judge it will
redound more to your Credit and the good of this Province if you dili-
gently apply yourselves in perfecting what the King has recommended
to you in the eight Instructions delivered to your House.

GEO: BURRINGTON.

Read the Bill for an Act Entituled An Act to regulate and ascertain
the payment of Quit Rents and Fees of the officers of this Government
and after Debate t'was referred untill Tomorrow.

Adjourned to 9 'oth clock tomorrow morning

310 COLONIAL RECORDS.

Tuesday May 4***

Met aooording to adjournment.

The Debate was resumed on the Bill for an Act Entituled An Act to
r^ulate and asoertaine the payment of Quit Rents and Fees to the offi-
cers of this Government and passed this House the second time without
amendments

Sent to the uper House

WILLIAMS e*^ Gen" Assem"^
M' Etheridge

& M' Powers.

Received from the Upper House.

A Bill for an Act Entituled An Act appointing Circular Courts in
this Province uppon debate sent the following message to the upper
House

To His Excei^ency the Governor and Council

This House desires to know whether the Power of the Assisting Jus-
tices in this Province is equal to the Assotiate Justices in England or
what their Power is, For we have now under our Consideration the Bill
relating to Circular Courts

By order

WILLIAMS O"" Gen" Assem"^^

Ordered. That the consideration of the Bill be referred.
Adjourned to 9 'oth Tomorrow Morning

Wednesday May 5***

Met according to adjournment

Received the following message from the upper house.

M' Speaker and Gentlemen of the House of Burgesses

This House having considered your Message and perused the Warrant
from his Majesty appointing Will" Smith Esq" Chief Justice are of
opinion that the full and sole power of holding the Supream Courts of
Judicature is in the said W" Smith and that the Assistants have not an
equal Power with the Associate Justices in England nor any Judicial
Power.

By order of the Gov : & Council

R. FORSTER O^ Counc*

COLONIAL RECORDS. 311

The Chief Justice sent down his Warrant which was read in the
House and returned again.
Sent the following Message.

To. HIS EXCELL*^ THE GoV' & CoUNCIL

This House being Sensible that Sundry grants for Land have been
issued since his Majestys purchasing the Province Some of them on old
Warrants and Some for raising money towards defraying the charge of
running the divideing line between this Province and Virginia. The
purchase money for which was paid to William Little Esq" late Receiver
General

It is the Request of this House to his Excellency the Governor and
the Honorable the Council that they will joyn this house in an address
to His Majesty to confirm all such titles thereby to prevent any disputes
that might otherwise arise.

And further this House requests that the said Will" Little may be
obliged to give Security to repay to all such persons the purchase money
received by him for Such Grants as Shall be made Void by his Majesty
if any such shall be ; in case the said William Little hath not paid away
the Same bv order of the Government.

By Order

WILLIAMS C^ Gen" Assem"'

Adjourned to 9 'oth clock tomorrow morning

Thursday May 6"*

Met according to adjournment.

Ordered that Will"* Jones of Bertie be Levy Free.

This House resumed the Debate on the Bill for an Act Entituled An
Act appointing Circular Courts in this Province.

Ordered the Same be referred to a Committee and that Coll: Tho:
Swann, M' Cha : Denman and M' James Castelaw be the Committee to
consider thereon

Adjourned to 9 ^oth clock Tomorrow morning

Friday May T^

Met according to adjournment.

Received the following Message from his Exoell'^ the Gov'

M' Speaker and Gent* of the Assembly

In answer to your message of Wednesday I must inform you that I
am commanded by his Majesty to Send an Account to the Lords of

312 CX)LONIAL RECORDS.

Trade \fe Plantations of all Patti'nts of Land granted by Sir Richard
Everard Baronet and the late Gonncil Since the time his Majesty com-
pleated his Pnrchase of this Province

I am convinced the charge given in by the Commissioners appointed
to run the divideing line betweene this Government and Virginia is very
modest, I believe the Lords of Trade will not deem it otherwise I
cannot think it proper for me to joyn in the address you desire: I will
represent a true state of the affair to the Lords of Trade; as to the last
Paragraph I think the Persons who signed those Pattents having no
Authority to dispose of the land may be as lyable as M' Little who
acted only under them and by their immediate appointment.

GEO: BURRINGTON.

The Committee appointed to consider on the Bill for an Act Entituled
An Act appointing Circular Courts in this Province. Informed this
House that they had prepared a Bill for an Act Entituled an Act for
establishing and fixing the Supream Courts in this Province and for
enlarging the Power of the Precinct Courts in this Province, which was
read in this house for the first time and passed with amendments.

Sent to the upper House

WILLIAMS C"^ Gen" Assem"^

Adjourned to 9 'oth clock Tomorrow morning.

Saturday May 8'*^

Met according to adjournment.

Received the following message from the upper House

M' Speaker and Gent' of the Assembly

Resolved. That Nath* Rice Robt: Halton and John Baptista Ashe
Esq" be and they are hereby appointed a Committee to joyn with Such
Members as shall be appointed in the Ix)wer House to confer on the sub-
ject Matter of the Bill now l)efore this House Entituled An Act to regu-
late and ascertain the payment of Quit Rents and Fees of the Officers of
this Government

By oixler
ROB : FORSTER lor C"' of the uper house

Ordered. That M' Will" Downing, M'Cullen Pollock, M' Cha: Den-
man, Coll : Tho: Swann, M' John Etheridge M' Edw : Salter, M' Tho:
Pollock, M' Rich : Russell, M' Thorn : Smith, M' Willson, M' Walter
I^ane, M' Will" Williams be a Committe to joyn with the Committe of the

COLONIAL RECORDS. 313

Upj>er House to confer on the Bill for an Act Entituled An Act to regu-
late & ascertain the payment of Quit Rent« and Fees of the Officers of
this Government.

Sent — By M' Winn and M' Williams of the upper house

Received from the upper house a Bill for An Act Entituled An Act
for establishing and fixing the Supream Courts in this Province and for
enlargeing the Power of the Precinct Courts.

Endorsed. Read in the upper house and passed with amendments

By Order
ROB : FORSTER ^ O^ of the upper house

Adjourned to 9 'oth clock a Mnnday morning

Monday May 10***

The Committe of Both Houses met in this House to debate and Settle
the Bill for Act Entituled An Act to regulate and ascertain the pay-
ment of Quit Rents and Fees of the Officers of this Government and
proceeded on the amendments.

Adjourned to 9 'oth clock Tomorrow Morning.

Tuesday May ll""

Met according to adjournment

The Committe reported to this House the Severall proceedings on the
Bill for An Act Entituled An Act to regulate and ascertain the payment
of Quit Reut*^ and Fees to the Officers of this Government the House
proceeded to Debate the Same then referred it until 1 to-morrow

Adjourned to 9 'oth clock to morrow morning

Wednesday May 12***

Met according to adjournment

"This House took into their further consideration the Bill for an Act
Entituled An Act to regulate and ascertain the payment of Quit Rents
and Fees of the Officers of this Government to which they made Several
Amendments.

Resolved. That Major Henry Bonner, M' Charles Denman, M'
Gabriel Burnham, M' Jn° Etheridge, M' James Castlaw, M' Tho : Smith,
M' Rich : Russell, M' Will : Williams & M' Walter Lane be a Com-
mitte of thi,s House to joyn Such members of the Council as Shall be
appointed to examine and Settle the accounts of all Such persons as have
any claims on the Publick and that they report their. Proceedings to this
House for approbation.

Sent to the Council for concurrance.

40 WILLIAMS e* Gen" Assem"^

314 COLONIAL RECORDS.

Read in this House the second time and passed a Bill for An Act

Entituled An Act establishing and fixing the Supream Courts in this

Province and for enlargeing the Power of the Precinct Courts

Sent to the Upper House

WILLIAMS C^ Gen" Asseni"^
M' Pollock

& M' Downing

Adjourned to 9 'oth clock Tomorrow morning

Thursday May 13***

Met according to adjoui^nnient

Ordered. That Cha : Kerby of Bertie be Levy Free.

To M' Speaker & Gent : of the House of Burgesses.

Resolved That John Baptiste Ashe Edra'* Porter & Cornel' Harnet
Esq" Be, and hereby appointed a ^ommitte to joyn such Members as is
appointed in the Lower House to confer on, Examine, and Settle the
Accounts of all such persons as have any claims on the publick

By Order of the Gov : and Council.

JOS : ANDERSON f C"^ of the upper house

Received from the upper house a Bill for an Act Entituled An Act
for establishing* and fixing the Supream Courts in this Province and for
enlai^ing the power of the Precinct Courts Endorsed Read the Second
time and passed with amendments.

JOS: ANDERSON Clk of y* Coun»

Read for the third time a Bill for an Act Entituled An Act to r^u-

late and ascertain the payment of Quit Rents and Fees to the Officers of

this Government, and passed this House with amendments. Sent to the

upper house.

By order

WILLIAMS. O"" Gen" Assembly
M' Norfleet

& M' Scarborough.

Adjourned to 9 'oth clock tomorrow morning

May W^

Met according to adjournment

Read the third time a Bill for an Act intituled An Act for establish-
ing and fixing the Supream Courts in this Province and for enlargeing
the power of the Precinct Courts and passed with amendments

Sent to the upper house

WILLIAMS C*^ Gen" Assembly

COLONIAL RECORDS. 315

To His Excellency the Gov' & Council.

This House taking into Consideration the Charge that M' Chief Jus-
tice Smith must be at in fitting himself for going the Circuits pursuant
to the Bill now proposed to be enacted

Voted. That he be paid the sum of one hundred pounds paper cur-
. rency the better to enable him to proceed in that service, this House being
willing to express their good will and esteem they have conceived of the
said Chief Justices conduct and Behaviour in his Station
Sent to the upper house for Concurrance

By order
WILLIAMS f C^ Gen" Assembly.

•

Resolved. That the Commissioners of Edenton be and they hereby are
invested with Power to make Rules for the better ordering and r^ulation
of the said Town affairs and that they have power to make and levy any
equal assessments on the Inhabitants towards fencing in the said town or
clearing what shall be needfuU, or for defraying any petty charges for the
good and Benefit of the said town

Sent to the Gov' & Council for Concurrance

By order

WILLIAMS O^ Gen" Assem"^

Sent the following message to the upper house

To THE Governor and Council

This house having now prepai'ed such Bills as are thought necessary to
be offered (pursuant to his Majesty's Instructions lay'd before us) this
session and the present season of the year being proper for our Residence
on our Plantations, we request that the session may be ended in a few
days and if any other matters may be thought necessary to be laid before
the Assembly it may be done at the next Biennial the election whereof is
now within a few months

By order
WILLIAMS f O^ Gen" Assem"^

Adjourned to 9 'oth clock To Morrow Morning

Saturday May 15***

Met acconling to adjournment.

This House takeing into consideration the several resolutions touching
his Majestys Instructions and other matters proposed to be laid before the
Lords Commissioners of Trade and Plantations representing the true

308 COLONIAL RECORDS.

Received a Bill for an Act Entitled an Act to regulate and ascertain
the payment of quit rents and Fees of the OflBcers of this Government,
endorsed from the upper house. Passed with amendments.

R FORSTER C^ of the upper House

Adjourned to 9 'oth clock a Monday morning.

Monday May 3*

Met according to adjournment

Received the following message from His Excell*^ the Gov'

M' Speaker & Grov' of the Assembly

As there are certainly several things in your last message very excep-
tionaI)le I suppose it will be no Breach of Privilidge in me calmly to
point them out to you nor can it be any injustice to say that the language
of your last message as well as the former about Fees is very coarse and
rough and certainly wanted the respect that is due to persons in my sta-
tion which you will in time be convinced of and oblidged to alter your
method.

It is allowed you that the House of Representatives have a right to
complain when injured but it ought always to be done with Decency and
good manners which I think is very much wanting in that part of your
last message which tells me I have put the affair in a worse Light and
accuses me with having made a proposall contrary to his Majesty's
Instnictions in relation to the Fees in Virginia which I only recommended
as a guide or rule to regulate the Fees here by in Proclamation money as
his Majesty has positively directed they shall be taken for the future.
And you will find Gentlemen if you give yourselves the Time to Peruse
the Kings Instructions that one of them gives the Grovernor and Council
Power to regulate and Settle Fees, and Tables of such Fees to be Hung
up in the Respective Offices they belong too, I desire to know how you
understand this Instniction it api>ear8 to me that the Governor and
Council are impowered to regulate and Establish Fees and whither there
was not Occasion for it at this Juncture must be left to further Enquiry.

His Majesty has positively declared in his Instructions that for the
future all Fees shall be paid in Proclamation money which is in Effect
Repealing all Laws that detJare Fees shall be received otherways.

Before the Assembly met myself and the Council pursuant .to the
alx)ve Instructions declared what was the Value of Proclamation monev
in Bills as they now pass: This is what you call Oppression Arbitrary
and Illegal Proceetlings, General Evil and a Hindrance to Trade; charges

COLONIAL RECORDS. 309

that are very extraordinary in their Nature and ought to have been well
Supported, but in the manner they are used, are realy very surpriseing
and astonishing.

The Council have already in their Amendments to the Bill for Fees
made it evidently appear tliat the Officers in their Fees by your Late
Emission of Bills of Credit in the Year 1729 were very much injured
a Crown Sterling being rated before that time at seven shillings and six
pence by Law ; and in the r^ulation on the late Emission of Bills was
valued at five and twenty shillings; and it is very manifest that most of
the Fees now Subsisting were stated before the Emission of any Bills at
all and that the Bills by this time had it not been for the Emission 1729
would or ought to have been sunk so that it is an apparent loss and dam-
age to the Officers if they are obliged to take the Same Fees in Bill of
the late Emission or anything near it and what Inducement it will be to
his Majesty to tolerate the late Bills I leave you to judge when I tell
you it must be represented to the King that these Bills now currant are
a Hurt to no one but his Officers only, who must Abondon their Em-
ploymente and depart this Province or starve here if they take their Fees
in the kind manner you prescribe or desire.

Gentlemen. The disrespect shown me I was informed by some Mem-
bers of your House was occasioned by one person who pulled the said
paper out of pocket that he might divert the House and take them of
from another Subject then under consideration. It was my good opinion
of the House induced me to think they were surprised into such inde-
cent expressions but you now convince me Gentlemen that whoever was
the Author thereof, it is sufficiently supported by your Patronage.

Since you sent that gallant paper there have been two Gentlemen of
the Council have moved to have Proclamation issued which I refused for
the Same reason you were denyed (there being no occasion) I am con-
cerned that any Gentlemen either in your House or in the Upper will
sutfer their thoughts to run so much on Proclamations I judge it will
redound more to your Credit and the good of this Province if you dili-
gently apply yourselves in perfecting what the King has recommended
to you in the eight Instructions delivered to your House.

GEO: BURRINGTON.

Read the Bill for an Act Entituled An Act to regulate and ascertain
the payment of Quit Rents and Fees of the officers of this Government
and after Deliate tVas referred untill Tomorrow.

Adjourned to 9 'oth clock tomorrow morning

310 COLONIAL RECORDS.

Tuesday May 4***

Met aooording to adjournment.

The Debate was resumed on the Bill for an Act Entituled An Act to

r^ulate and ascertaine the payment of Quit Rents and Fees to the oflB-

oers of this Government and passed this House the second time without

amendments

Sent to the uper House

WILLIAMS O"" Gen" Assem"^
M' Etheridge

& M' Powers.

Received from the Upper House.

A Bill for an Act Entituled An Act appointing Circular Courts in
this Province uppon debate sent the following message to the upper
House

To His Exceix.ency the Governor and Council

This House desires to know whether the Power of the Assisting Jus-
tices in this Province is equal to the Assotiate Justices in England or
what their Power is, For we have now under our Consideration the Bill
relating to Circular Courts

By order

WILLIAMS O"" Gen" Assem"^^

Ordered. That the consideration of the Bill be referred.
Adjourned to 9 'oth Tomorrow Morning

Wednesday May 5***

Met aooording to adjournment

Received the following message from the upper house.

M' Speaker and Gentlemen of the House of Burgesses

This House having considered your Message and perused the Warrant
from his Majesty appointing Will" Smith Esq" Chief Justice are of
opinion that the full and sole power of holding the Supream Courts of
Judicature is in the said W" Smith and that the Assistants have not an
equal Power with the Associate Justices in England nor any Judicial
Power.

By order of the Gov : & Council

R. FORSTER O^ Counc*

COLONIAL RECORDS. 311

The Chief Justice sent down his Warrant which was read in the
House and returned again.
Sent the following Message.

To. HIS EXCELL*^ THE GoV' & CoUNCIL

This House being Sensible that Sundry grants for Land have been
issued since his Majestys purchasing the Province Some of them on old
Warrants and Some for raising money towards defrayfng the charge of
running the divideing line between this Province and Virginia. The
purchase money for which was paid to William Little Esq" late Receiver
General

It is the Request of this House to his Excellency the Governor and
the Honorable the Council that they will joyn this house in an address
to His Majesty to confirm all such titles thereby to prevent any disputes
that might otherwise arise.

And further this House requests that the said Will"* Little may be
obliged to give Security to repay to all such persons the purchase money
received by him for Such Grants as Shall be made Void by his Majesty
if any such shall be ; in case the said William Little hath not paid away
the Same bv order of the Government.

By Order

WILLIAMS O"" Gen" Assem«'

Adjourned to 9 'oth clock tomorrow morning

Thursday May 6"*

Met according to adjournment.

Ordered that Will"" Jones of Bertie be Levy Free.

This House resumed the Debate on the Bill for an Act Entituled An
Act appointing Circular Courts in this Province.

Ordered the Same be referred to a Committee and that Coll : Tho :
Swann, M' Cha : Denman and M' James Castelaw be the Committee to
consider thereon

Adjourned to 9 'bth clock Tomorrow morning

Friday May T^

Met according to adjournment.

Received the following Message from his Exoell'^ the Gov'

M' Speaker and Gent' of the Assembly

In answer to your message of Wednesday I must inform you that I
am commanded by his Majesty to Send an Account to the Lords of

312 CX)IA)NIAL RECORDS.

Trade\fe Plantations of all Pattents of Land granted l)y Sir Richard
Everard Iferonet and the late Gounril Since the time hiH Majesty com-
pleated his Pnrchase of this Province

I am convinc^J the charge given in by the Commissioners appointed
to rnn the divideing line betweene this Government and Virginia is very
raixlest, 1 l)elieve the Lonls of Trade will not deem it otherwise I
cannot think it proi)er for me to joyn in the address you desire: I will
represent a true state of the affair to the Lords of Trade; as to the last
Paragraph I think the Persons who signed those Pattents having no
Authority to dispose of the land may be as lyable as M' Little who
acted only under them and by their immediate appointment.

GEO: BURRINGTOX.

The Committee ap])ointed to consider on the Bill for an Act Entituled
An Act appointing Circular Courts in this Province, Informetl this
House that they had prepared a Bill for an Act Entituled an Act for
establishing and fixing the Supream Courts in this Province and for
enlarging the Power of the Precinct Courts in this Province, which was
read in this house for the first time and passed with amendments.

Sent to the upper House

WILLIAMS C" Gen" Assem**'^

Adjourned to 9 'oth clock Tomorrow morning.

Saturdav Mav 8^

Met accortling to adjournment.

Ri»ceived the following message fn)m the upi>er House

M' Spkaker axi) Gent' of the Assembly

Resolved. That Nath* Ri(*e Robt: Halton and John Baptista Aslie
Esq" be and they are herel)v appointinl a Committee to joyn with Sucli
Members as shall be a})(K>inte<I in the I^ower House to (H)nfer on the sub-
ject Matter of the Bill now Iwfore this House Entituled An Act to regu-
late and ascertain the payment of Quit Rents and Fees of the Officers of
this Government

By order
ROB: FORSTER for C"" of the Ujier house

Ordered. That M' Wilh IX>wning, M'CuIlen Pollock, M' Cha: Den-
man, Coll: Tho: Swann, M' John Etherldgt* M' Edw : Salter, M' Tho:
PollcK'k, M' Rich : Russell, M' Thom : Smith, M' Willson, M' Walter
Ij;ine, M' Will" Williams lie a Committe to joyn with the C^mimitte of the

COLONIAL RECORDS. 313

Upi>er House to confer on the Bill for an Act Entituled An Act to regu-
late & ascertain the payment of Quit Rents and Fees of the Officers of
this Government.

Sent — By M' Winn and M' Williams of the upper house

Received from the upper house a Bill for An Act Entituled An Act
for establishing and fixing the Supream Courts in this Province and for
enlargeing the Power of the Precinct Courts.

Endorsed. Read in the upper house and passed with amendments

By Order
ROB : FORSTER f C'^ of the upper house

Adjourned to 9 'oth clock a Munday morning

Monday May 10^

The Committe of Both Houses met in this House to debate and Settle
the Bill for Act Entituled An Act to regulate and ascertain the pay-
ment of Quit Rents and Fees of the Officers of this Government and
proceeded on the amendments.

Adjourned to 9 'oth clock Tomorrow Morning.

Tuesday May 11 "^

Met according to adjournment

The Committe reported to this House the Severall proceedings on the
Bill for An Act Entituled An Act to regulate and ascertain the payment
of Quit Rents and Fees to the Officers of this Government the House
proceeded to Debate the Same then referred it untill to-morrow

Adjourned to 9 'oth clock to morrow morning

Wednesday May 12***

Met according to adjournment

"This House took into their further consideration the Bill for an Act
Entituled An Act to regulate and ascertain the payment of Quit Rents
and Fees of the Officers of this Government to which they made Sevend
Amendments.

Resolved. That Major Henry Bonner, M' Charles Denman, M'
Gabriel Burnham, M' Jn° Etheridge, M' James Castlaw, M' Tho : Smith,
M' Rich : Russell, M' Will : Williams & M' Walter Lane be a Com-
mitte of this House to joyn Such members of the Council as Shall be
appointed to examine and Settle the accounts of all Such persons as have
any claims on the Publick and that they report their Proceedings to this
House for approbation.

Sent to the Council for concurrance.

40 WILLIAMS C^ Gen" Assem"^

314 COLONIAL RECORDS.

Read iu this House the second time and passed a Bill for An Act

Entituled An Act establishing and fixing the Supream Courts in this

Province and for enlargeing the Power of the Precinct Courts

Sent to the Upper House

WILLIAMS C^ Gen" Asseni"^
M' Pollock

& M' Downing

Adjourned to 9 'oth clock Tomorrow morning

Thursday May 13***

Met according to adjournment

Ordered. That Cha : Kerby of Bertie be Levy Free.

To M' Speaker & Gent: of the House of Burgesses.

Resolved That John Baptiste Ashe Edm'* Porter & Cornel' Harnet
Esq" Be, and hereby appointed a ^ommitte to joyn such Members as is
appointed in the Lower House to confer on, Examine, and Settle the
Accounts of all such persons as have any claims on the publick

By Order of the Gov : and Council.

JOS : ANDERSON f C^ of the upper house

Received from the upper house a Bill for an Act Entituled An Act
for establishing* and fixing the Supream Courts in this Province and for
enlargeing the power of the Precinct Courts Endorsed Read the Second
time and passed with amendments.

JOS: ANDERSON Clk of y* Coun»

Read for the third time a Bill for an Act Entituled An Act to r^u-

late and ascertain the payment of Quit Rents and Fees to the Officers of

this Government, and passed this House with amendments. Sent to the

upper house.

By order

WILLIAMS. C" Gen" Assembly
M' Norfleet

& M' Scarborough.

Adjourned to 9 'oth clock tomorrow morning

May W^

Met according to adjournment

Read the third time a Bill for an Act Entituled An Act for establish-
ing and fixing the Supream Courts in this Province and for enlargeing
the power of the Precinct Courts and p&»sed with amendments

Sent to the upper house

WILLIAMS a^ Gen" Assembly

COLONIAL RECORDS. 315

To His Excellency the Gov' & Council.

This House taking into Consideration the Charge that M' Chief Jus-
tice Smith must be at in fitting himself for going the Circuits pursuant
to the Bill now proposed to be enacted

Voted. That he be paid the sum of one hundred pounds paper cur-
. rency the better to enable him to proceed in that service, this House being
willing to express their good will and esteem they have conceived of the
said Chief Justices conduct and Behaviour in his Station
Sent to the upper house for Concurranoe

By order
WILLIAMS f C^ Gen" Assembly.

Resolved. That the Commissioners of Edenton be and they hereby are
invested with Power to make Rules for the better ordering and r^ulation
of the said Town affairs and that they have power to make and levy any
equal assessments on the Inhabitants towards fencing in the said town or
clearing what shall be needfull, or for defraying any petty charges for the
good and Benefit of the said town

Sent to the Gov' & Council for Concurrance

By order

WILLIAMS O^ Gen" Assem"'

Sent the following message to the upper house

To THE Governor and Council

This house having now prepai'ed such Bills as are thought necessary to
]yQ offered (pursuant to his Majesty's Instructions lay'd before us) this
ses.sion and the present season of the year being proper for our Residence
on our Plantations, we request that the session may be ended in a few
days and if any other matters may be thought necessary to be laid before
the Assembly it may be done at the next Biennial the election whereof is
now within a few months

By order
WILLIAMS ^ O^ Gen" Assem"^

Adjourned to 9 'oth clock To Morrow Morning

Saturday May 15"*

Met according to adjournment.

This House takeing into consideration the several resolutions touching
his Majestys Instructions and other matters proposed to be laid before the
Lords Commissioners of Trade and Plantations representing the true

316 CX)LONIAL RECX)RDS.

state of this Proviuce and as the same will make the address to his Maj-
esty very large if the same were to be inserted therein Resolved — That
Coll : Edw : Moseley, Thorn : Pollock and Cullen Pollock Esq" Coll :
Tho: Swann Cap: William Downing, M' Cha: Denman, M' John Eth-
eridge & M' Walter Lane or any Four of them be a Committe to draw
up the said addre&s representing the true state and Condition of this
Province with respect to its Laws, Currency, Trade, Lands Rents and
Tennours and other affairs pursuant to the severall Laws of this Govern-
ment and the votes and Resolves of this House relateingto his Majesty's
Instructions, and that the same be signed by the Speaker in the name
and by the appointment of the General Assembly of this Province and
transmitted to his Grace the Duke of Newcastle Principal Secretary of
State and the Right Honorable the I^ords Commissioners of Trade and
Plantations by such Agent or Agents as the said Committe shall appoint.
And the said Committe shall be empowered to draw out of the Publick
Treasury to defray the charges of that agency such sums of money as
they shall think projier not exceeding the sum of £500 Currancy Sent
to the Gov & Coun* for Concurrence.

By order

WILLIAMS f O^ Gen" Assembly.
M' Kennion

& M' Islands.

To the Kings most Excellent Majesty

The humble Address of the Gen" Assembly to your Majestys Province
of North Carolina

MOBT GRACIOUS SOVEREIGN

We your Majestys mast dutifull and Loyall Subjects the Representa-
tives of this your Province now met in Greneral Assembly ; with cheer-
fullness lay hold of this opportunity on our first meeting after the Pub-
lication of your Majestys purchase of the Sovereignty of this Proviuce
to acknowledge with the profoundest Gratitude the many Blessings we
enjoy under your Auspicious and happy reign, it is with the greatest
Pleasure we observe your Majesty and our gracious Queen Caroline
always intent on promoting the happiness of all your people, and altho'
we are so remote from your Royall Presence we find ourselves Neverthe-
less the Subject of your Fatherly care and Concern.

We are in duty bound to ac^knowledge as a particular mark of your
Indulgence the placing over us his Excellency George Burriugton Esq**
Captain Greneral and Comander in Chief of this your Province a person

COLONIAL RECORDS. 317

who by his behaviour during the time he governed this Province for the
Lords Proprietors rendered himself very agreeable to the people by the
great care he then showe<l in his due administration of Justice and in
promoting the Wellfare of this Province, on which occasion his indefati-
gable industry and the hardshijw he underwent in carrying on the Set-
tlemen at Cape Fair deserves our thankfull remembran(«.

The Governor having laid l)efore us several of your Majestys Instruc-
tions relating to this Province we think it our duty thankfully to ao-
knowledge your Majestys great Clemency and goodness expressed in
those Instructions towards the people of this your Province and as some
of them do necessarily require that your Majesty should be informed of
the State and Condition of this Country, we have directed a Committe
to transmit a true State thereof unto his Gra(« the Duke of Newcastle
one of your Majestys principal Secretarys of State and to the Right
Honorable the Lords Commissioners of Trade and Plantations.

That the life of your Majesty and our gracious Queen may be long,
your reign happy and the Succession of your throne perpetuated in the
most Illustrious House of Hanover to the latest Ages are the Prayer of

Your Majesty's
most Dutiful!
most loyall and

most obedient Subjects.

To His Excellency the Gov' & Council.

This House hath appointed Coll : Tho : Pollock, Coll : Cullen Pol-
lock, M' Mac' Scarborough, Coll : Thom : Swann, M' William Williams,
M' Will Barrow & M' Evan Jones to be a Committe of this House to
joyn Such Members of the Council as shall be appointed to examine the
old paper Currancy and see the same destroyed.

By Order

WILLIAMS f O^ Gen» Assembly
M' Kennion

& W Island.

Several of tiie members of this House informing that Peter Young
had uttered divers scandalous spee<*hes reflecting generally on the Mem-
l)ers of Assembly. The messenger was ordered to bring the said Peter to
the Barr of this House were l^eing informed of the Charge against him
and particularly of his threatening M' Walter Lane one of the members
He acknowledged he spake the words in Passion and hoped the House
would forgive him.

318 COLONIAL RECORDS.

Ordered. That he do in a submissive maiiDer ask pardon on his knees
at the Barr of this House and that he stand committed to close Prison*
during the Pleasure of this House.

The Message from this House appointing a Committe was under writ
from the Upper House, vizt : Agreed to that the former Committe Will"
Smith Edm* Porter and Coll : Harnet Esq" be a Committe now to joyn
such members as are nominated in the Lower House to examine the said
old paper currency and make tlieir Report to Both Houses.

By Order.
JOS : ANDERSON f O*^ of the upper house

The Resolve of this House concerning Edenton was under writ for

the upper House (in these words) Concurred with so as such assesmeut

may be legally made.

By ordei*.

JOS: ANDERSON f O^ Council.

Peter Young having asked pardon on His Knees at the bar of this
house pursuant to order.

Ordered. That he be discharged paying his Fees.
Received the following Message from the upper house

To M' Speaker & Governor of the House of Burgesses.

Saturday May 15***

This house demands of conferrence of the Lower House at 4 of the
clock this afternoon upon the Subject matter of two Bills viz* a bill
ascertaining Officers Fees and payment of Quit Rents, and a Bill for an
Act Entituled An Act for establishing and fixing Supream Court.s in
this Province and enlargeing the power of the Precinct Courts.

By Order
, JOS : ANDERSON O^ of the upper house

CLAIMS ALIX)WED BY THE CX)MMITTE OF BOATH HOUSES VIZT:

To Tho : Murphey for a horse lost in the Country's Ser-
vice if found to be returned to the Provost Marsh* or
Deputy for the use of the Publick & immediately
disposed of by him at vandue for that purpose and
the money lodged with the Precinct Treasurers unless
M' Murphey chuses to keep his horse. 22 " 12 " —

To Do: for his trouble & horse hire to White Oke 2 " 7 " 6

To M' Will : Wilson for horse hire in the Countrv's Ser-

vice. 8 " 10 " —

COLONIAL RECX)RD8. 319

To M' Roger Kennion for a pair of handcuifs to con-
fine a criminal. 0 " 15 " —

To Maj' Bonner for Expence on his Excellency's arri-
val. 35 " 10 " —

To 4 Grand Jurymen for Chowan viz* Maj' Bonner.
M' Tho Lovick M' Will- Arckhill Coll : W- Hard-
ing Jones 6 days each 6 " — " —

To 4 Grand Jurymen for Pequimens vizt: M' Cha'
Den man M' Rich* Kinner M ' Jos* Long & M' Rich*
Whitbee 8 days each. 8 " — " —

To 2 Grand Jurymen for Bertie viz* M ' Tho : Gray
and M' Tho: Kemey 10 days each 5 " — " —

To 4 Petty Jurymen for Chowan viz* Tho : Mathews

Jn* Dunning W" Egerton & John Robertson 7 " — " —

To 3 Petty Jurymen for Bertie viz* Edw* More Wil-
liam Charlton & Robt Warren 7 days each 5 " 5 " —

To James Potter for work done about the Court House. 2 " 10 " —

To Edm* Gale for hiring workmen about the Court

House. 2 " — " —

To Peter Young for two Journeys to Cape Fear on
Publick business including Ferry s and all other
charge (horse hire excepted) 40£ Twenty being paid
already 20 " — " —

To Maj' Bonner going to the Chowan Indians 3 " 10 " —

To D* for viewing the body of a Negro as Corroner

and paid the Jury as by Law. 2 " 5 " —

To Sundry Claims of M' Mackey late Provost Mar-
shall. 48 " 5 " —

To John Rogers Deputy Marshall for Craven for exe-
cuting 2 writs for Burgesses & horse hire to go to
Core Sound 4 " 6 " 8

To S' Rich* Everade for going over the Sound upon
complaint against theTuscarra Indians; Servants boat
and hands for tenn days 25 " — " —

To attendance 2 assemblys who could not meet to do

business for want of an Upper House 10 " — " —

To John Sanders for apprehending & bringing up to
Goal Soloman Smith a condemned criminal from Core
Sound 10 " — " —

To M' Will" Williams for Victualls to the Tuscarra

Indians by order of the Governor 1 " — ^* —

320 CX)LONIAL RECORDS.

To D* for the Committees Expences this Session 7 " — " —

To M' Ayliffe Williams for a book for the Journals of

this House & a Clock for the Office Dore. 2 " 12 " 7.

259 " 8 " 2.
Sent to the Governor & Council for concurrance.

M' Speaker and Governor of the General Assembly

The Report of the Comm^ of Claims

Sheweth That upon Examination of Claims we find that the late Fore-
man of the Grand Jury M' John Lovick and eight others were not in
the list of Jurors by our Ijaw and therefore not quallified as such and
moreover on further enquirey we do likewise find seven of the Petty
Jurymen not quallified to serve in the Generall Courts which being con-
trary to the Law of this Government, and in that it may tend much to
the prejudice of the Inhabitants therefore we conceive it our duty to repre-
sent the same to the House just as we find it having only allowed the
claims of such as we find duly and l^;ally quallifyed

JAM : CASTELAW Chairman.

Upon reading the above Report of the Committe of Claims t'was
ordered that the list of Claims be Transcribed & sent to the Governor
and Council for Concurrance.

This house also considered the Re|>ort of the Committe concerning
Jurors at the last Generall Court, Whereupon the Provost Marshall and
his Deputy M' Makey were desired to attend the House where they were
told that it was the opinion of the House that no person ought to be
returned as Juror but such as is on the list agreed unto by the Assembly.

Received the following Message from the Governor.

M' Speaker and Gov' of the House of Buroesses.

As an answer to your Message this day by M' Kennion and M' Islands
I again rejieat what I have formerly said that the business of this Coun-
try absolutely requires an Agent in London for which reason I recom-
mended to you in my Speech at the opening this Session, the appointing
one with a proper Salary, I now consent that an Agent shall be ap-
pointed by my self Council and Assembly

GEO: BURRINGTON.

This house waited on the Governor according to order. Heard what
the Grovernor & Council offered concerning the two Bills now before them.

The house returned and M' Speaker reported to the house, that the
Governor as concerning the Bill for an Act Entituled An Act to r^ulate

COLONIAL RECORDS. 321

and ascertain the payment of Quit Renin and Fee8 to the Officers of this
Government as follows.

Vizt: In the beginning of the second page.

It is expressed only Lands taken for the future Shall be roistered
with the Kings Auditor or his Deputy. It is the Kings Intention that
all Lands already taken up should be Roistered (19 Instruction) a Pro-
viso that the Auditor shall keep a Deputy in every Precinct, I think
we have no authority to compel him, and he may keep his office &
appoint Deputys as he pleases.

In the 3* page.

I my Sixteenth Instruction, It is wrote that all Fines Penalties &•:
must he reserved to His Majesty his heirs and Successors for Publick use
& support of Government.

In the 4"^

It is my opinion that Officers acting by Patent in this Government can
only be turned out of their places by the King upon some occasions a
suspension may be lawfiill.

Last Article.

We cannot by any means postpone the payment of the Kings Quit
Rents, a Receiver General is appointed tis supposed he is not without
Instructions how he is to proceed having commission under the Kings
great seal or warrant.

And on the part of the Council it was offered that they did not look
on a 150 1^ cent in paper currency to be an equivalent, and that Pitch
and Tarr was raised since the Report of the Committe

And concerning, the Bill for An Act Entituled an Act for establishing
& fixing tlie supream «)urts in this Province and for enlargeing the power
of the Precinct Courts, the Governor declare<l he would no more hold
a Court of Chancery at Edenton and therefore he proposed that this
House should withdraw the Clause relateing to the Court of Chancery.

To His ExoELLENtn- the Gov' & Council.

In answer to the first Paragra]>h we say that as all Grants already
passed are or ought to Ik? registered in the Secretary s Office; from them
the Auditor or his Deputy may have Transcrips; but if any Grants
should not be roistered . there ; we will consent to have some Method
provided compelling people holding Lands to enter the same on the
Rent Role as the Receiver of the Rents shall make his Collections, or
to enter the same with the Auditor or his Deputy so as offices for that
purpose be kept in every Prec^inct, or after any other manner so it l>e not
done at the exj^wnce of the People.
41

322 COLONIAL RECORDS.

To the 3* We will use the stile proposed by His Majesty. To the
4*** We shall be content that in the Cases of Officers holding by Pattent
makeing a Breach of the Law they may be only suspended or otherwise
Punished.

To the last. As the King proposes to receive Proclamation Money
we are willing for want thereof to make the best Equivalent we can to
His Majesty and therefore oflTer Tobacco according to the Practice of
Virginia and as people are not provided to make sufficient for that pur-
pose this year we propose the payment thereof to be postjwned until it
can be made; but if ready payment is expected, we shall wnsent that it
be made in other Commoditys that may be made this present year aceoixl-
ing to a just valuation.

This House doth not consent to alter the 150 1^ cent on Bill curraficy.

Concerning the Court of Chancery — That Court has always used to be
held at the times and places when and where tlie Greneral Courts have
been, & all Process thereto returnable to the third day of the Greneral
Court ; but as that day was generally taken up with the Crown business
it was ruled that the doing the business in Chancery should be put off
until the Monday following. And a Court so established we conceive
ought not to be removed but by the Authority of Assembly. Neverthe-
less it has been proposed to give ease to the Inhabitants by appointing
a general Court in each of the three Countys proposed to be erected, so
we think it may be as necessary to ease them with respect to the Court
of Chancery & if his Excellency shall be willing we propose that the
Power of the Court of Chancery may be loilged in the Justices of the
Countys as it is in Virginia, or in the Chief Justice and other proper
commissioners appointed for that purpose.

By order

WILLIAMS f C^ Gen" Assembly

Adjourned to 9 'oth clock Monday Morning.

Monday May 17***

Met according to adjournment.

Received the following Message from his Excel*^ the Gov'

M' Speaker & Gen* of the House of Burgesses.

I cannot think you Sufficiently expressed your good will and esteem
for the Chief Justice of this Province by voteing him so trifeling a sum
as one hundred pound paper Currency. I think a Gentlemen who pos-
sesses so high a post as Chief Justice of North Carolina and so eminent

COIX)NlAL RECORDS. 323

a Station as the first in his Majesty's Council here, ouglit to be better

r^uardcd therefore let you know that it is my opinion that you cannot

make him a less present than eight hundred pounds currency (in value

is but one hundred pounds Sterling) which I will forthwith issue my

warrant for if you desire it.

GEO: BURRINGTON

The House sent the following answer

To His Exckllenoy the Gtovernor.

As we are very well satisfyed with the abilityes conduct and behaviour
of Mr. Chief Justic^e Smith in his Statition we thought ourselves obliged
to offer such a sum as might purchase horses for the service he shall
un<lergo, and we look on ourselves the more obliged to do so in regard
the first quarterly payment of his Salary is not to commence until Sep-
teml)er and the reason of our offering no larger a sum was owing to the
poverty of the Country which at present is incumbered with a large
Debt.

We cannot be of the Same opinion with your Excellency to think
there can l)e such large discount upon our paper currency bills of Ex-
change l)eing lately sold at five for one, so we hope his honour will rest
satisfvwl with what the house has voted.

By order

WILLIAMS

The pnx^eedings of the Committe of Both Houses appointed to examine
the publick Accounts and the old Bills that has l)een exchanged.

Tuesday April 20*^ The Committe of Both houses met & examined
the Publick Accounts of Edw* Moseley Esq" Treasurer and do find
vouchers for the payment of i:2582.0.6 also examine<l 16 bundles of
old Bills amounting to £7343.10.6. Ordered tlie said Bills remain
with the Clerk — Wednesday April the 21** John Baptista Ashe Treas-
urer of New Hanover Precinct exhibited his account of Bills of Credit
emitte<l in the said Precinct amounting to the sum of £2748.16.0 —
Edw"* Moseley Esq' Treasurer of Chowan Pre(^inct exhibitted his account
of Bills of ( -redit enn'tted in the said Pretnnct amounting to the sum of
£4000.0.0. Edward Moseley Esq" as Publick Treasurer also delivered
to the Committe seveml bundles of old bills endorsed said to amount io
the sum of £1062.18.0, Ordered that the same be lodged with the
former bills. M' Jno : Etheridge Treasurer of Curritucke precinct made
up his accounts fi)r the year 1729 and paid the Publick Treasurer

324 COLONIAL RECORDS.

£43.10.9. Saturday April 2V^ Edward Moseley Esq" Public Treas-
urer delivered to the Cummitte five bundles of old bills amounting to
£788.15.0, which with the former parcels makes £9195.3.6, he also
delivered a lx)x containing the Counterparts of the old bills and the new.
Ordere<l those bills and counterparts remain with the Clerk — May 1"*
Edw** Moseley Esq' Publick Treasurer delivered to the Committe six
Bills ciontaining £359.19.0 which with the former makes £9555.2.6,
Ordered that those bills remain with the former.

Monday May 17*** continued.

Ordered. That all the old pai)er currency which hath been exchanged
and delivered to the Committe of B<)th Houses amounting to the sum
of £9555.2.6 and by the Direction of the Committe lodged with the
Clerk of this House, Ixi forthwith produced at the table.

The same was accordingly produced and in the presence of the Mem-
l)ers of the House put into a Box and hx^ked and the Box corded and
scaled and then delivered to the Publick Treasurer who was directed t*)
keep the same and to produce it to the Next Assembly the key of the
box was sealed up in paper and delivered to Cap: Will" Downing who
was required to keep the same and to deliver it to the Speaker of the
next Aasembly at the Table, the charge of securing the old bills being
Thirty five Shillings paid by the Publick Treasurer; to he allowed on
his accounts.

His Excellency the Governor sent for this House to attend him, which
the House accordingly did and the Governor made the following Speech.

Gentlemen,

It is now five weeks since I convened yon together and within few days
after your meeting I laid before you Such of his Majesty's Instructions
as I was cH>mmanded, in order to have laws framed upon them in all
which time nothing of that nature has been offered from the House of
Assembly, but one Bill for the r^ulating Fees and the payment of Quit
Rents which Bill being thought in the upper house in many things to
deviate from his Majesty's Instrucrtions, particularly about the Quit
Rents it could not be passed and you had gon your farthest in it having
past your last amendments, and that you had nothing now to offer though
there are several of his Majesty's Instructions no ways yet considered of
by you, 1 fear it will be to little purj)ose to keep you longer together,
and indeed the Divisions the heads and the indecencies of vour Debates
growing Daily among you givc« me butt little r(H)m to \\o\ie that his
Majesty's Instructions and the true Interest of the Country will have

COLONIAL RECORDS. 325

their Due weight with you, there was another Bill sent from the Upper
House for the ease of the Country by Circular Courts but was lodged
with such amendments in your House as put a stop to it & finding you
are not now inclined to proceed upon anything further but have in your
message desired a Recess I shall comply with your message hopeing
time will compose you to better thoughts

Gentlemen

After the many instances I have given of my affection for this Coun-
try I need not take pains to convince you, how much I have at heart the
wellfare and prosperity of it, that cannot be obtained by private and nar-
row views which I wish I had not occasion to say I find prevails more
than a publick Spirit, for my part nothing shall be wanting in my
power for the benifitt of this Province, and I only ask in Return your
Dutiful 1 behaviour to his Majesty's commands, the only way to recom-
mend you to the l^est of Kings who never did nor will impose anything
unreasonable on his Subjects

Gentlemen of the Assembly

I do now Prorogue this General Assembly unto the Sixth day of
Sep***' next, and it is hereby prorogued

A Copy WILLIAMS C*^ G. Aasembly.

1732.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 20, 21 and 23.]

PORTER VS. BURRINGTON.

North Carolina.

To the Honourable the Lords Commissioners of Trade & Plantation.

The humble Representation and address of Edmund Porter, lat^ Mem-
Ixir of his Majesties Council and Judge of the Vice Admiralty Court of
the said Province.

Sheweth

That his Exeollcncy George Burrington Ksq" by and with the consent
advice of Jaseph Jenour and Rob : Halton Esq" Members of Council

326 COLONIAL RECORDS.

by his Majesties appointment and M' John Lovick and Edmund Gale
of the Governors apiK)intment) hath thought fit to suspend me from the
aforesaid offices with black and infamous caracters. In as much therefore
as his Majesty is graciously pleased by the 9** article of his Royal In-
struction to direct our Governor not to suspend any of the Members of
Council without goo<l and sufficient cause nor without the consent of the
Majority of the said Council (unless in matters not fit to be communi-
cated to the Council) and in case of suspention of any of them his Ex-
cellency is required to cause his reasons for so doing together with the
charges & proofs against the said members and their answers thereunto
to be duly entered upon the Council Books and forthwith to transmit
Copys thereof to your Lordships &c : Least therefore the Clerk of the
Council (from whom I can procure no Copy) should be induced to attest
the proceedings relating to my suspention otherwise than in a genuine
manner I humbly ask leave in my defence to inclose to yours Ix)rdsbips
his Excellencies original charge consisting of five general articles Signed
under his own hand & given me the morning of the Same day I was
susj^ended annexed to which is my answer and a certification under the
hands of M' Ashe and M' Harnet Members of Council by which your
Lordships will perceive that three Members of Council appointed by his
Majesty did dissent from my Suspention (tho I l)clieve it will be repre-
sented otherwise and in what manner the Governor vaunted and sported
with my misfortunes after he had Suspended me from the office of Judge
of Admiralty the day before and the next day from the Council Board
not giving me one hours time in the former office to defend myself and
threw a paper which I told him relating to my defence into the tire with-
out reading it or suffering any one member of the Council to peruse it.
During which Trials (if I may so call them) permit me to assure your
Lordships that the lerned have not described Malice on the furies halfe
so terrible to my apprehension as this Gentleman appeared, tho he was
at the Same time my Judge ! In the two first General Articles the
Governor accuses me with Obstructing all proceedings in Council by
raising unnecessary disputes and cavils &c : As his Excellency might
not think it Policy to desend to the particulars of the first and second
chaise I b^ leave to observe to your Lordships from whence I apprc*-
hend they are founded

1*** In faithful Iness to his Majesty and the Trust reposed in me whilst
a Member of Council I was often under necessitv to differ in Sentiments
and opinion with the Governor more especially in matters which related to
Lands wherein I did repeatedly advise him in private not to accept,

COLONIAL RECORDS. 327

purchase or otherwise be concerned in the Property of such Lands which
in all probability was like to be controverted and of Right l)clonged to
the King here bt^n the Governors resentments and my misfortune

2**^ I gave an opinion in Council that the best expedient to find the
frauds that had been Transacted by means of M' Ijovicks emitting blank
pattents&c: was (if his Excellency thought fit) to issue forth Procla-
mation to call in all pattents that had been made out from a certain
time, that thereby compareing the povity of hands, quantity of acres,
Situation of Land and record of the Same &c: the fraud and injury
don his Majesty might be disco vere<I.

S***^ I gave an opinion in Council that it was improper for His Excel-
lency (who negative power was distinct and Separate in the making
I^ws) to come into the Council Chamber and by himself alter such
Bills that were by the Upper House preparing or amending for his
assent.

4*"^ I gave an opinion in Council that M' W" Little receiver gen-
eral under the Lords Proprietors for the Quit Rents and purchase money
of lands ought to produce a regular Rent Role by which he and his
Deputies did collect the Same that thereby it might appear obvious to
the Council what the amount thereof was annually before his Accounts
could be admitted or he discharged Moreover the Said Little I observed
(to a Committy of Council) that in one article of purchase money paid
by Martin Franks he had given credit but thirty Shillings to his
Majesty whereas in Truth the Sum paid by M' Franks was al)ove three
hundred pounds, as appears by a Memorandum here inclosed.

5*^ I gave an opinion in Council that the Governor could not appoint
M' John Ix)vick and Edmund Gale Members of Council in Derrog* to his
Majesty's 7^** and 9"* Instruction when seven in the Province did subsist
and finding these Royal directions were like to be no guide, I drew up
the enclosed Dissent and prayeil it might l)e entered in the Council
Books, but it was refuseil me which I looked on as a breach of priviledge
and of evil cx>nsequence for by that means the different opinion and
reasoning of Governors and Council would be unknown to his Majesty
the Secretary of State or your Ijonlships and such matters perhaps only
inserted in the transmitted Records of Council which the Governor and
a few members thought proper.

6*^ I often gave an opinion in Council that the Governor of himself is
not sole Chancellor (as he hath repeatedly insisted) and this my opinion is
founded from the 66 & 67 articles of His Majesty's Instruction whereby it
a])pears that ap|)eals in cases of Error from the Courts in this Province
in Civil causes, are directed to be made to Governor and Council.

328 COLONIAL RECORDS.

7'^ I gave an opiuiou in Council that his Excellency and a less num-
ber than five of the Council could not hold Courts of Chancery, that the
Judicial proceeding of such corts were fixed to three certain Termes in
the year, vizt: March, July and October therefore could not be deemed
an emergency, so as to tolerate a Quorum of three or four (tho his
Excellency hath made a practice with that number) to proceed in matters
of equity — I will not trouble your Lordships to insert any further par-
ticulars wherein my conscience or opinion led me to assent or dissent
from the Governor I hope what I have said will be sufficient to convince
you that I have behaved in Council as became my station, neither hath
any man in this Government according to my capacity demonstrated a
greater regard for his Majesty's service, for as soon as it was reported that
this Province was a purchase to the Crown, I was the first person (let
who will attribute to themselves) that did by three several Memorials
advice my Lord Duke of Newcastle concerning such Frauds in Laud
which I apprehended were carried on as well before as since the said pur-
chase all which I doubt not have been fully made appear 'ere now to his
Grace and your Lordships by Sir Richard Everard M' Smith and others.

My Lords I was apprehensive when I attempted the several Informa-
tions and matters before mentioned that (considering the policy prejudice
and strenth of those who such injuries did effect) it was a very hazad-
ous and dangerous undertaking for one of my fortune and ability but
my cK)nfidence and dependance lay in finding protection from his Majesty
and those great officers who are intrusted with his affairs. Wherefore I
do most earnestly beseech your Lordships to take my distressed case
under your consideration that others hereafter in these distinguished
Countrys may be encouraged for their faithfull endeavours to serve his

Majesty

I am

your Ix)rdships

most dutifull & obedient servant
Albemarle E. PORTER

Feb: 19*»» 173J

MEM'^' MADE BY E. PORTER CONCERNING THE PUR-
CHASE OF LANDS IN N'^ CAROLINA

[Rec* with M' Porter's Rep" to the Board dated 19*»» Feb-T^ 173^.]

Memorand"

On the twentyth day of Jan"^ 1731 at the House of M" Dunstons in
Edenton before Col. Moore and Edniond Porter, M' Martin Franks of

CX)LONIAL RECORDS. 329

/

Nuce expressed himselfe Viz* that he was ready to swere that M' W"
Little the late Receiver Gen* of the purchase money and quit rents of
Laud under the late Lords Prop" had received of him £302.57 purchase
money for 10175 acres of laud for which he had M' Little's receipts and
that at the time he paid it to M' Little he desired M' Franks not to
acquaint the then Gov' Sir Rich* Everard with the sum that he had so
paid And he the said Franks further said that M' Little told him at
the same time that if he would not let him have half of some lands he
had on Nuce river it should be the worse for him M' Franks soon after
meeting with M' Lovick the tlien Sec*^ he told him what M' Little desired
about the paym' of the money afores"* viz* not to discover the same to Sir
Rich. Everard at which M' I^ovick (he saith) smiled & walkeil off So
far the conversation passed before Col. Moore & Ed. Porter.

On- the 22* Jan*^ M' Franks I met in Eden ton who further said to me
Viz : You thought I was afraid to let the rela* of y* money be known
least those people follow me to destroy me " but you are mistaken I
acquainted Grov' Burrington therewith this mom* & he says it is very well.
All which when called on I am ready to make oath to

Test. E. PORTER.

[/wdorscd]

EXTRACTS OF MIN. OF COUNCIL & COPIES OF COM-
PLAINTS & ANSWERS RELATING TO CAl^. BURRING-
TON'S SUSPENDING M' PORTER FROM THE CK)UNCIL
& BEING JUDGE OF THE ADMIRALTY.

North Carolina.

To the Right Hon"* the Lords Coumiissioners of Trade and Plantation

Exceptions humbly offered by Edmund Porter Esq" against the Legality
of his Excellency George Burrington Esq" Governor &c : Susj)ending
me from the Council Board the 21 "» day of Feb^ 173^.

1** Because on the 20"* of January aforesaid the Governor put the
question (l>efore I was called on to answer any charge made against me)
immediately on his Declaration of my suspentiou as Judge of the Vice
admiralty, whether I ought not to be suspended from Council, thereupon
for of the Members viz' M' Jenoure, M' Halton, Deputy Provost Marsh^
M' Ijovick and Edward Grale (to shew their willingness to oblige his
Excellency) voted me unfit to sit in Council and therein prejudged me.
42

330 CX)LONlAL RECORDS.

2**^ Because three of tliosc tour assentiug iiiemlxjrs vizt : M' Jeuoure,
M' Loviek and Edmund Grale were at the same time themselves under
an accusation of a Murther thev intendeil on me the T'** of Jan*^ 1730
and giving a Rout to the Court of Admiralty of this Province, where-
upon my I^)rds of Admiralty on my representation of the same hath
given directions to our present Governor (by a publick Letter wrote by
M' Secretary Burchett, bearing date the 17*** of last May) to make strict
inquiry therein &<i: which publick Letter Governor Burrington received
about fifteen days before my suspension, and notwithstanding the said
directions permitted those three Gentlemen before they were acquitted of
the facts to sit as judicial members not only to give Judgement on me as
a Member of Council but also to Judge of my proceedings in the Courts
of Admiralty which Court and all the Officers thereof they had put to
the Rout as aforesaid.

3**^ That the Governors nomination and appointment of M' John
Loviek and Edmund Gale was as I do apprehend in Derogation of his
Majesties 7*** & 9^ Instructions when seven did sub«>ist in the Province
wherefore such votes Extrajudicial.

4'^ That the Governor by his general charge hath prejudged me him-
self and the next day brought on my Trial for a further Judgment.

5****^ And lastly, because the Governors charge is a compound of ill
nature containing nothing but general accusations without a proof of any
one particular matter.

My Lords,

From the several 1 forgoing recited Observations, I b^ leave to make
this conclusion

That admitting the reasons contained in my 2^ & 3* Exceptions to be
grounds sufficient for excluding M' Jenoure, the Loviek and RI : Gale
as Legal Judges on these Trials, that then and in Such case the Members
Diseenting (vizt: M' Ashe, M' Rowan and M' Harnet) was a Majority
of two against my Suspension and therefore contrary to his Majesties 9'**
Instruction who is graciously pleased to direct our Governor not to sus-
pend any of the Members of his Council without gocnl and sufficient
(^use, nor without consent of the Majority of the said Council <&/? :

All which is dutifully submitted to your I^)rdsl]i|)s considenition,
beseeching you if you should he of opinion that I have not merite<l this
suspention, to grant me your favourable Rei)ort or Re(x)mmendation to
his Majesty so that I may he restored to my place in C-ouncil thereby to
wi|)e off from me and my posterity, that undeserv(»d Ixwde of infamous

COLONIAL RECORDS. 331

Caract«rs and Epithets which are bestowed on me in the Records of
Council through the prejudice (more than Justice) of my Enemies.

This mark of your Indulgence and goodness to me, will ever be
Acknowledged as becomes

Your Lordships
most faithful] and
obedient servant

E. PORTER.

Feb-^ 19**^ 1731. [1732.]

[B. P. R. O. B. T. North Carolina. Vol. 9. A. 38.]

LETTER FROM CAP BURRINGTON, GOV OF NORTH
CAROLINA, DATED 20* OF FEBRUARY 173J.

To The Right Honourable the Lords of Trade & Plantations.

I humbly represent to your Lordships that being received with the
Greate.st Demonstrations of Joy by the People of the Province when I
published His Majesty's Commission; it must appear very surprising
that the late Assembly would not pass one of the Acts required, or
recommended in the King's Instruction, nor of my proposeing, which
were only designed for the Ease of the People, and their own good ; I
hud l)een seven or eight weeks in this Country, and held several dis-
(•ourriies with the leading Men, who seem'd very well satisfyed with all I
said to them of my Instructions, except the paying their Quit Rents in
/ cash, and the Great advance of Rents for the Lands to be taken up.

Inimeiliately before the Assembly I had summoned met, M' Rice the
Secretary and M' Ashe came together from C!?a{>e Fear to Edenton the seat
of this Government, till then there was not an immagination of any dif-
ference or dispute, every time the Council met the business before them
was transacted with harmony & decency; M' Ashe wiien quallified,
b^an immediately to oppose me in the Council, and endeavoured with
false reasoning, and fallacious arguments to impose upon the Judgements
of the Gentlemen in the Council, he was very unsuccessful in the b^in-
ning, but in some time gained M' Smith & M' Porter to joyn him.

Moseley Speaker of the last Assembly and one James Castellaw a
verv factious Assembly man, came to me the third day after the Assem-
bly met, and desired me or rather required me, to Promise to give my
As.sent, to an Act of Assembly to confirm the pretended Laws made

.^•^2 COLONIAL RECORDS.

here in 1729 after the King's Purchase; this I absolutely refused, there
l>eing many tilings in them Acts contrary to His Majesties Service, and
such as I am forbid by my Instructions to pass; I was also Publickly
and Privately sollicited to use my Interest and Endeavours that jwsses-
sion of the Lands, sold & granted by Sir Richard Everard and the late
Council, should Ix? confirmed to the PuRrhases, this I denied, judging
any more therein, then sending a true account, would have l)een great
presumption, these denyals to the Representations <xx?asioned the cool
answer they returned in their address to my SpeecJi; and their subse-
quent l)ehaviour.

I think the Journals of that Assemblv make evident, how much I
was in the right, and the advantages I obtained in every matter contro-
verted, I am well assured the Assembly men would have carried them-
selves in another manner, if the Council had done their Dutv.

Upon Smith's defection M' Rice the Secretary resolved to go to South
Carolina, I used my endeavours to i)ersuade him to stay with me till
the session was ended, but all my arguments proved ineffectual!.

The Surveyor General's Wife about this time landed in Virginia,
coming from England dangeroiLsly sick, which caused him to go there,
by this Ashe, Smith & Porter gained their end for then my own vote
made but an equality in the Council, which obliged me to put an end to
the Session ; I have given the Characters of Smith & Porter in a Report
and letter sent to England last Summer.

M' Ashe is altogether bent on Mischief, I have been a great friend to
him, my l)enefits he has returned with ingratitude, his wicked manage-
ment in Tate's Affair is an undeniable Demonstration that he is a Vil-
lain, and unworthy of sitting in the Council of this Province (this Tate's
complaint etc is inserted in the Council Journal.

M' Cornelius Harnett another of the Council, was bred a Merchant in
Dublin, and settled at Cape Fear in this Colony, I was assured by
a Letter I received in England Harnett was worth Six Thousand
Pounds Sterling, which induced me to place his name in the list
of Persons to bt* Councellours ; When I came into this Country he
was reputed by many worth seven Thousand Pounds, but is now known
to have traded with other men's goods, nor worth anything, and red»M'e<l
to Keep a Publick Hoiise, How Harnett abused Capt Tate, and what he
attempted against me in that busyness, may he seen in the Journals I
am humbly of (Opinion Harnett's sitting in Q)uncil is a disgraw to it.

It is a misfortune to this Province and to the Governor in particular
that theiv are not a sufficient numl>er of Gentlemen in it fitt to beCoun-

COLONIAL RECORDS. 333

cellonrs, Neither to be Justices of the Peace, nor officers in the Militia,
there is no difference to he perceived in Dress and Carriage, between the
Justices, Constables and Planters that come to a Court, nor l)etween the
Officers and Private men, at a Muster which Parity is in no other Coun-
try but this.

Sir Richard Everard the lat^ Governour for the Proprietors had the
meanest Capacity, and worst Principles of any Gentlemen I ever knew,
his Administration was e<|ually unjust and Simple, he was under the
Directicm sometimes of one sett, then of others who advised him for
their own Interest, and being incapable of Judging, was led to do any-
thing they put him upon, which brought infinite Confusion on the
Country, every man did as he pleased, the Militia which was very good,
l)ecame so neglected that very few men now have serviceable Arms: The
Roads so n^lected that in my last Progress, I not only found them
troublesome ; but dangerous to pass.

I cannot refrain from astonishment when I consider that Sir Richani
Everard wmplained against the late Secretary and Surveyor for Grant-
ing the King's I^nds, when it was himself; that the Secretary advised
him against it has been Proved, that the Surveyor Edward Moseley and
Sir Richaixl were perfect Friends, is as well known ; as Sir Richard and
his Son having a large part of those Lands allotted to them.

I was informed at Cape Fear that the late Surveyor Edward Moseley
and his relations there (some of them his Deputy's when Surveyor) used
very unfair methods in their surveying, and claiming Lands they had
no right too, by which means they imjwsed upon strangers and induced
many to pay them for Lands, that they ought to have had the liberty of
taking up, and that they held great quantities more than the Patents
mentioned, some of these were sumraonded, before the Council m last
January, Moseley gave in an account I knew to be false, others delivered
me in Council evasive Papers to prove why they ought to be excused
from giving in any account of what Lands they claimed, the further
Consideration of this Matter is referred to a Council in March.

The Frauds and Concealments of Moseley and his Relations will con-
stantly oc(«sion them to oppose an Act required in my Instructions to
oblige all People to Register their deeds for the I^ands they hold in the
Auditor's office; I judge such an Act, and such a R^stry to be for the
advantage of all honest men in the Country ; without it the receipt of the
Quit Rents Intricate and uncertain.

The Erecting a Court of Exchcqueur has been deferred to the coming
of a receiver, and Auditor; I humbly give my opinion (as Commanded)

334 COLONIAL RECORDS.

that it is not onlv for his Maiest\''s service to have a constant Court of
Excheq' in this Countrv, but absolutely Necessary. The Chief Justice,
the Sec^retary, Receiver and Auditor for time being, proper Persons to
(H>niposc* tlie Court ; but much good crannot be exjKK'teil from it witliout
tliere was a real, not Nominal I>awyer to Preside. Such a One I hope
t^) see from England, there is not a man that professes the I.«a\v here
knows the Proct»edings of an Exchocjueur Court.

Before the Receiver and Aiulitor are present, I have thought the late
Receiver's Accoimts could not l)c Pa.ssM and if his Majesty declares the
Grants void made by Sir Richanl Everard after the Purt*hase, he cannot
have any money in his hands, ibr this reason alLso, am of opinion his
Accounts should l>e deferred till the King's Plwisure l)e known.

Sometime atler Smith the late Chief Justice left his Province I thought
there had Ix^n no more than four of the Council in the Government, but
M' Rice was n*tunieil from So: Carolina, and ^P Ashe not gone to Eng-
land as report^nl, which I know not tillsome weeks after, only two Mem-
Ijers apj)caring at the Council Summoninl in July, I swore two Councel-
lours, otherwise* I (Hiuld not have hehl the Cliancery Court, nor n^ularly
api)ointe<l a Chief Justi(*e, in Septemlier I sent a full aci-ount of this to
your Ix)rdships; I humbly hojH' this will not l)e judg(Hl a breach of my
Instructions.

I desirt» leave to say a little al)out the Kc»es |)ay'<l in this Govern* jMir-
tieularly of those to the Governor and Naval oi!i<'ei*s, After the death
of M' Eden Governour of this Countrv, in an Assemblv nine vears
since thev altered the Fees of this office, which had been till then £1.2.6
to the Govern' and fifteen shillings to the Naval officer is Sterling money,
or fresh pork at one i)enny halfpenny |)er pound for Entring and Clear-
ing etc, every Vessel not l)elonging to the Country and half that money
for those l)elonging to the Countrv ; this the President and Assembly
altered by a Clause in an A(;t then )>assed, and made it £»3.11.0 in
Province Bills to the Naval offiwr, but quite omitted the Governour's
Fw which is now at four for one £14.14.0 but it is not near so good as
the old Fees, for fresh jK>rk now sells for a shilling a ]K>und, and less
than twenty shillings worth of goods l)ought in England will sell for
more than £14.14.0 Neither will any Mjister of a Vessel |)ay the old
Fee, some busy People of the Country complain of this, I have not
beard anv Masters of Vessels that think it unreas<inable it is certain
the Trade is not less(*ned thcivbv, for more Vessels have wnne this Year
than I ever knew.

CX3LONIAL RECX)RDS. 335

Before the Year viz* the Fees were usually paid in Commodities which
a« then Rated, were better than four for one in the Present Bills, these
SjKxaes of Goods now selling from six to t^nn more in Bills than Rated
till that time.

As theoflfieers in this Province take their Fees, they are less in value
than in any of the King's Governm" in these Parts; the Fees aocrueing
to the Chief Justice, Secretiiry and their Clarkes, are three times as much,
as to the Governor & all the rest of the officers here.

Bills will be of Great use to this Country, if His Majesty is pleased
to allow them, but then, there ought to be no rated commodity's both
will cause confusion in Trade, and the rateil Goods depreciate the Bills,
(as Remarked in the Laws.

Rej)ealing the Biennial Act, would cause the elections to \ye more
orderly and the Persons chose to l^ehave more dencently in Assemblys
than hitherto they have done, and if they serve at their own expense
will be willing to do the busyness before them, and the best & most sub-
stantial men be Chose.

The settling Treasurers by the Pretended Act in 1729 is taken from
the Method in New England, if this were suffered here, these men would
have such an influence in Elections, that scarce a man could be Chose
but by their approbation, in the Assemblys they must inevitably carry
every matter in Debate as they please, I hoj)e the Ijords of the Treas-
ury will be pleased to appoint one Treasurer for the Province.

In June last I was so extreamly buisied in writing letters drawing up
a Report, causing the Laws of this Country to be transcribed, remarke-
ing uix)n them, making up the Journals of the Council and Aasembly
and abstracts in the Margins, that I generally was confined to my pen
twenty hours in every day and night; And as there was not one Person
in Confinement at that time, and having no assistance in my business; I
did not make out a Commission for a Court of Oyer Terminer, & Goal
deliver}^, in December there was a Commission of Oyer etc an<l the
Court sate, but found no busyness for them to do, the Prisons being
empty throughout the whole Province.

The dangerous sickness I was afflicted with last Autumn and tedious
indisposition that followed, prevented me from finishing the Drafts and
soundings of the Harbours, and completing the account of the Militia in
the latter I have made some alterations for the Eiise of the People, in
April I design to put an end to both, and send them home as Commanded.

I have held several Conferences with the Tuscaruro Indians some Com-
plaints against them from the Governour of Virginia, I setled their

3:^6 a)LOXIAL RECORDS.

business to the satisfaction of all Parties, they remain in i)erfet't Ea^^ie
and Quietness.

I received a Letter in January from the Governoiirof South Can>lina,
to appoint Conimis'^ioners fi»r running a Dividing Line between the two
Prrjvinees the Council then sitting, shew'd them the said Govemour's
letter, and a Paragraph in my Report of the first of July ; they advised
me not to ap]>oint Commissioners, l^efore I was honoured with an answer
from England on that Subject.

It is mentioned in my ReiK)rt that there are no Fortifications in this
Countr\-. At the South end of an Island called Ocacot*k there is a suf-
ficient depth of water fi)r any Merchantman to come in, & a secure Har-
lK)ur, this Island is scjwrated from the main land by a Stmnd about
fourteen leagues over, that <^nnot Ik? passe<l by a Ve«sell, that draws tenn
foot water, it has a Communication with many large Rivers that water
so great a part of this Country, as contains four j>arts in five, of all the
Inhabitants within the Pn)vince on this Island there is a Hill, whereon
if a small fort was Erected Cannon woidd from thence Command the
Barr, Channell and Harbour, there is no one thing woidd cause the trade
of this Pn)vince to Flourish, like scuttling a Custom House on this Place,
to ser\'e the three districts of Roani»ke, Currituck and Port Bath Town,
this would procure a Trade fn)m England, in a little time put an end to
the Pedling carried on by the Virginians and People of Xew England,
to this Place ships loads of X^ros might l)c brought and sold well.

Port Beaufort and the Harl>our at Caj>e Fear, may \ye made secure by
being Fortified, but the Cost j>rove more than the Country is able at
present to Discharge, those three arc all the Places in this Countr}* fit
for shiping to sail into, there arc* a gR^it many Inletts that shift their
Channels, frec|ucntly the old ones fill and new break out, but none of them

arc» g<xxl.

It has lx?en a Policy of the Subtle People of Xorth Carolina never to
raise any money but what is appi*opriated, to pretend and insist that no
Publick money can, or ought to Ix^ i>aid, but by a Claim given to, and
allowed by the House of Burgesses; insomuch that upon the greatest
emergency there* is no coming at any money to fitt out Vessells against
a Pirate, to buy Arms, Purchase* Am unit ion, or on any other urgent occa-
sion. This I ho|)e will Ik» i-edressetl. The whole amount of the Publick
I^vys, and Powder Money paid by shiping, little Exceeds two Hundred
Pounds sterling a Year.

It being hoix^l and believed here his Majesty will be pleaseil to let
T^inds lx» granted at two shillings |)er hundred, a few Warrants have l)een

COLONIAL RECORDS. 337

y" -_

issueil lately, to prevent all injustice and Confusion, in this atTair, I have
altered the Method used heretofore in this Government, was was to leave
sign'd Warrants in the Secretary's hands to fill up as any man came for
them, and very often the Deputy Surveyors, kept immbers in their Pos-
session, by which they made considerable advantages, by their manage-
ment some people were injured, and others benefitted, to put an end to
all unfair Practices, the warrants arc now all filled up before my signing,
and Directed only to the Surveyor General, Who afterwards gives Direc-
tions to his Deputy^s, All the Warrants made out are entred in a book
at the Secretary's Office, when I sign them they arc entered in another
I keep on purpose, and when they come to the Surveyor's hands he do's
the same I know not any method more fair and just than this : Desire
to be further instructed by the Lords of Trade, if they see Cause, there
are not any Returns made of the Surveys, by the time they come into
the Secretary's Office, I hope to receive a form from the Lords of Trade
(as formerly desired) to make out the Patents by.

There seems to be extraordinarv care taken in the 47*** Instruction that
People should not hold much I^and, but cannot answer the end Designed,
a very little Money will purchase a vast Quantity of Land in North
Carolina, any one may buy old Patented Land at this time, the Quit
Rents at six pence per hundred Acres, under ten pounds Sterling the
Thousand, the greatest price ever given in North Carolina for an Im-
proved Plantation, Buildings and all included has not exceeded a Thou-
sand Pound in Bills, which sixty pounds worth of Commoditys from
England will sell for, the reason is, the small Value the Planters receive
for their Pnxluce, a Bushel! of wheat is given for six penny worth of
English Gooils, a Bushell of Indian Corn, peas, beans, and other Pulse,
for what costs fourpence, and a barrell of Tarr will not fetch above
eighteen penny worth, besides the trouble of making the barrel, gather-
ing and splitting the lightwood, the very bringing it out of the woods
to a Landing in other Places would be worth the Money.

It cannot be expected that this Province should increase in People, if
the Quit Rents are higher here, than in Virginia, and other Govern-
ments that are more Commodious upon many Accounts and Healthier.

Great Improvements may be made in North Carolina Here in Iron
Oar enough to serve all the world, and I believe other sorts will be
found when the upper Parts of the Province are Inhabited.

Great quantitys of Potash might annually be made, if the true Method
was known.

43

338 (X)LONIAL RECORDS.

The soil in some Places pnxluces wild Hemp, small Parcels are cul-
tivated, some I have seen has excelled in strength, and colour any
grown or brought into England.

Flax and Cotton are very good and easily Pnxluced. Mulberry Trees
that bear the thin leaf proper to feed silk worms grow naturally, this
Country is certainly as proper and Convenient to produce silk as any in
the world, the reason so little has been made, is that the very time
required to look after the silkworms, is the season of Planting and Cul-
tivating Rice, Tobacco, Indian Com and Pulse.

The soil and Climate is particularly adapted for producing seeds to
make Oyl, I put several sorts into the ground when last in the Coun-
try, the increase was beyond Expectation.

When this Province is l)etter Peopled, and more Lands cleared of the
Trees, it may reasonably be thought, these Improvements and many
others may be undertaken to increase the Trade of Great Britain.

The Inhabitants of North Carolina, are not Industrious but subtle
and crafty to admiration, allwavs l)ehaved insolently to their Governours,
some they have Imprisoned, drove others out of the Countr\', at other
times sett up two or three supporteil by Men under Arms, all the (Jov-
ernors that ever were in this Provin(*e lived in fear of the People (except
myself) and Deaded their Assembly s.

The People are neither to be cajoled or outwitted, whenever a Gov-
ernour attempts to affect anything by these means, he will loose his Labour
and show his Ignorance. They never gave a Governour any Present
except Sir Rich* Everard, with him they agreed for five hundreil Pounds
in Bills to pass the Pretended I^aws in 1729, in the name of the Pro-
prietors when he wjt*< showed the Act of Parliament of the King\< P»ir-
chase, it must be allowal were those Acts Valid, the Assembly Men
made a Good Bargain for the People they Represented.

About twenty men are settled at Cape Fear from South Carolina,
among them three brothers of a noted family whose name is Moore,
thev are all of the sett known there, bv the name of the Goose Creek
Faction, these People were always very troublesome in that Gov-
ernm* and will without doubt l>e so in this. Alrea<lv I have been told
they will expend a great sum to get me turne<l out; Messengers are
continually going and coming fn)m Moseley and his crew tfK) and from
them. Notwithstanding these Menat»es, and the constant discourse that
has passed here, allmost from my first Entrance u{)on the Government,
that I should be superceetled by the Contrivances of a Gentleman in
England, I have not Ix^en terrifved, but Acted with such Resolution and

COLONIAL RECORD8. 339

Firmness, that the Province was soon put in a quiet condition, and has
so continued without auy Imprisonments or Persecutions.

I have patiently expected to be Honoured with your Lordp' Com-
mands, when I am so happy to receive them, and tlie hopes of my being
Cashier'd extinguished, soon will the factious People here alter their Car-
riage; it is an insupportable grievance to them, they cannot invent,
nor devise any stratagems to make me swerve from my Duty to the King,
or inveigh me to favour some men to the Prejudice of others, by Acting
Partialy in my Administration.

I am

with great Respect
(your Lordships)
most humble

and most obedient servant .

GEO: BURRINGTON.
N. Carolina. February 20"^ 173 J.

[From North Carolina Letter Book op S. P. G.]

M"^ BURRINGTON TO THE BISHOP OF LONDON.

N* Carolina Mar 15. 173^
My Lord

I was not able to Prevail with the I^ast assembly to make necessary
provision to sulxsist a convenient immber of Clergymen but have a very
good expectation, the ensuing one will come into the measures I proposed.
ly Marsden continues in the South Part of this Province. He sometimes
Prt»aches Baptizeth children & marrieth when desired The Rev"* M'
Bevil Granville nephew to the Lord Ijansclown is also here He was go-
ing to Maryland but we have hopes he will continue with us if your Ijord-
ship will procure the usual allowance from the Society

These are all the ministers of the Ch**. of Engl** now in thLs Gov*:
there is ouo Presbyterian Minister who has a Mixed audience; and there
are 4 meeting houses of Quakers. Mr. Jn** Boyd, (the Gentleman who
delivers this letter), was bre<l at the university of Glasgow; has practised
Physic in the Colony of Virginia 7 yeai>5, is now desirous to take orders,
several Gentleman of my acquaintance in this Country give him the
Chamck' of a worthy, conscientious man, well qualified for the Ministry,

340 COLONIAL RECORDS.

they art* ilesiroiLs of having him for their Pastor, aud earnepjtly recpiested
me to recommend Mr. Boyd to my I^onl Bishop for ortlers, a certifieate
and an allowanee from the Stxnety, the Better to supjx^rt him, if your
Ijordship thinks him deserving; as I believe Mr. BoydV designs art*
piirely to do gcKxl in takeing the Ministry uiK)n him and not out of any
view of gain. I humbly recH)m mend him to your I^mlship for Orders
and a wrtifieate.

I am, my Ijonl, your most humble and most obd* servant,

GEO: BURRINGTON.

[From North ('arolina Letter Book op S. P. G.l

MR. GALE TO THE BISHOP OF LONDON

Edkntox N** Carolina. April 6, 1732
My IjORD:

Your Lordship having l)t»en so g(KKl as to permit me to address you,
on the account of the State of Religion, in N** Carolina, and not meeting
with any one in L<mdon, whilst I was there whom your I^)rtlship
thought fit to send upon sikJi a mission, I take leave to inform your
Lordship that here is now at Edenton one Mr. Bevil Granville, who
seems to have the General approbation of the inhabitants, and who was
designe<l for Maryland at the riYpiest and by the direction of the Ix)nl
Baltimore, but falling in here in his passage thither, the Gov' has pre-
vailed with him to stay for one year, and he so well likes the place, that
he promises to continue with us, in case he has en(H)uragement to sup-
port, him. For this year the j>eople have made very considerable sul>-
sc^riptions to his sjitisfaction, but as those methcKls of su]>port are too
Precarious to be dej^endwl on for contiuuaiu^e. If your I^>rdship thinks
fit Uy approve of him for the mission upon the f(M)ting I laid down to the
StHMety, he says he shall very willingly acc(»pt of it, and make his ab(Mle
amongst us, but as he is under the misfortune of not In'ing known to
your Ijonlship yet l)eing sensible jof your tender care in not approving
of any Missionaries but such as are well reconunende<l, l)e l>eggs leave to
refer your I^)nlship for his charack* to the Lord Ducy & the T^>nl T^ns-
dowu, who (he says) know him very well, as for myself F have but once
heard him perform divine si»rvi<'e or pivach, but I must sjiy he did lK)th,
in so devout aud graceful a manner, that I Ciuinot forl)ear mentioning of
it to your Ii<»nlship. But as I prt^ume his Exci»llency the Gov' may

(COLONIAL RECX)RDS. 341

have writ to you on his acct., Nothing but the duty I owe to your
Lordship and the concern I have for the yet unhappy state of religion
in this Province, would have occasioned you this trouble from,

My Lord, your Lordship's most devoted humble servant

GALE.

(P S) My I^nl, Since your Lordship was pleased to talk with me on
Carolina affairs in general and l^eing in Council when, the Petition of
Mr. Smith, Ch : Justice against our Gov' and others, was read, I hope
your Lordship will not take amiss my informing you, that the facts in
that Petition, now I am upon the Spot, appear to me more notoriously,
not only to be false and Scandalous, as I said in Ijondon, but to be
form'd only, by himself and one or 2 busy fellows, without any authority
that I can learn from the several bodies of people he pretends to repre-
sent. His accusation against the Gentleman he mentions, and his pre-
tense of the Gov' ScTcening them, is equally groundless, and as little
truth is there in his representation of the Gov*" Conduct, who has acted
with reiuarkable caution and tem[)er.

Your Ijordship\s &c,

C. G.

[From North ('Arolina Lrtter Book op S. P. G.]

MR. GRANVILLE TO THE BISHOP OF LONDON.

Edenton, No. Carolina May 6 — 1732.
My Lord

From Ix)rd Baltimore's fre(juent solicitations to leave England and
settle in Maryland & upon his promise to provide for me, in the best
manner, that, that province would allo^', I took shipping from Dublin
in order to go there; landing in No. Carolina I accidentally met Mr.
Burrington, who earnestly entreated and persuaded me, to stay in this
Province, there being so great occasion for Ministers as you Lordship
will judge when I assure you that I baptized near 1000 children & per-
sons in a very short time after my coming in. As Mr. Burrington &
Mr. Gale are pleased to write in my behalf, I thought it my duty (tho'
personally unknown to you) to acquaint your Lordship how willing I
am to fix in a country where the clergy is so much wanted & where so
lew (»re to settle, hoping that (as unworthy a member as I am) I may
l)e of some service to that church, whereto I belong, being well assured

342 CX)LONIAL RECX)RDS.

of one thing that let my abilities be never so poor, yet the name of a
minister will hinder the growth of various dangerous sects, willing and
ready to over run the whole Province. Should your Ix)rdship think
me worthv of the mission, vou shall always hear that I am industrious
in the service of G(k1 & these people & that 1 shall act in such a manner
I hope as to deserve your Lordships approl)ation & as becomes the Per-
son indulged with the friendship of the afore mentioned Gentlemen.

I am My Lord : yours &c.

SEVILLE GRANVILLE

[From North Carolina Letter Book of S. P. (t.]

MR. BURRINGTON TO THE BISHOP OF LONDON.

No. Caromna, May 10, 1732
My Lord,

I did myself the honor to address a letter to your Lordship sometime
since by Mr. Boyd, wherein the Rev* Mr. Granville is mentioned, this
Gentleman I prevailed with to stay in this countr}' one year. A sub-
scription has l)een made for him by particular persons, more adequate to
the circumstances of the cimtributors, than to Mr. Granville's merits,
who is incessant and indefatigable in his endeavours to promote the service
of the church of England. Already has christened about a thousand
chrihlren & is now on a progress in which he will baptize some hundi*eds,
we fear Mr. Granville will leave us when this year is expired, unless
your Ijordship with the Smuety think proper to establish him a mission-
ary in this Province.

Mr. Ija Pierre a French clergyman has an allowance from s(ime peo-
ple at Ca|>e Fear in this Govm* which is renewed ; when I wrote the
former letter was told he had quitttnl that place, but after was certainly
informed, he had agreed to stay another year. Dr. Marsden oflficiat(*s
Gratis, at a place called Onslow 40 miles from his own habitation & a
clergyman benefic^l in Virginia preaches onct* in a month in a preirinct
named Bertie on the Borders of this c<iuntry, this is my I^onl the (H>n-
dition we are at present in in respect to Ministers.

Mr. Gale who came from Engl* hitely brought a copy of complaints
against me to his Sacnnl Majesty by W" Smith the S* Mr. Gale infornuHl
me, an order of council passcnl for the (Himplaincr to examine witnesses to
make go(xl his charge which I think, he will not attempt because he

COI/)NIAL RECORDS. 343

knows the chief part to l)e false, as those complaints lye in the c^ounoil
office, if my adversary doth not proceed in a little time T will send my
ans' (almost finished) till it is swn I hope your I^ordship nor any Lord
of the council will entertain an ill opini(m of me, being very wrongfully
calumniated as I shall in due time make appear. I beg your Lordships
panlon for presuming to write the foregoing Paragraph, and leave to suIh
scribe myself as really.

I am with all due resjK^ct. My Lord

Your most humble &

most oW Servant

GEO. BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 39.]

ABSTRACT OF A LETTER FROM CAI^AIN BURRING-
TON GOVERNOR OF NORTH CAROLINA TO
THE SECRETARY DATED THE
27*^ jOF MAY 1732.

A. He received the Secretarvs letter of 10: June 1731 — Reason of
his not receiving it S(X)ner.

B. He refers to His Report sent last year alsoe an answer to this Let-
ter— The Biennial A(?t must be repealed to bring the people into good
Disposition.

C. Many people came to settle there last winter, some of good Ameri-
(ain Fortunes — He may now make a crwlitable Council, and will write
next month to the Board on that subject

D. The l)est conveyance to him is by N. England in Summer, Virginia
in Winter.

E. This the first opportunity of sending.

North Carolina the 27*** of May 1732.
Sir

A, I received a letter from you by Captain Daniel Beckman on the 6***
of April dated the 10"* of June 1731. the reason it was so long kept
undelivered was that the vessell went to several places before it came
here.

Upon peruseing my papers, I think as good an answer as I am able
to give to this letter may be taken out of the Report I sent to the Lords

344 C^IA)N1AL RECORDS.

of Trd<le last Year, upon the 25*** & 115 Instriietioiis, the whole I^aws
have \)ct'u .sent to your Board already, whieh I believe have tiiken up
some of their I^ordships time to examine, the Biennal Act must Ixj
repealeil Ixifore the people of this Country can Ix* brought into a good
disposition.

C A multitude of people have come into this Country to settle last
Winter, some have very great American fortunes, insomuch that 1 now
think there are Men here to make up a creditable Council for which rea-
son (Sir) I desire you will give my Duty to their Lordships, & let them
know 1 design myself the honour of writeing them a letter on that sub-
ject next month.

jD. When the Lords of Trade honour me with their Commands the
best cx)nveyance is, by the way of N. England in the Summer and Vir-
ginia in the Winter.

£, The Packet this letter goes in is the first I have had an opportunity

of sending since the Receipt of yours

I am

(very truely Sir)

Your most humble

and most obedient servant

GEO: BURRINGTON.
To Allured Popple Esq"

[B. P. R O. North Carolina. B. T. Vol. 21. p. 104.]

LORDS OF TRADE TO GOV^ BURRINGTON

20 JUNE 1732

To C^apt. Burrington

Sir,

We have re(*^ived your letters of the 1" July and 4'** Sept. 1731 and
shall receive His Maj. pleasure on such [mrts of them wherein his servi(»e
or the welfare of the Pmvincx* are anv wav concerned But as to those
paragraphs which relate to yourself and thos<* who have disagreed with
your measures We cannot but take noticx? that they are couched in a very
extraordinary j)articularly that where sj>eaking of M' Ashe's declining to
come to England with the Chief Justice you write in the following words
By which failure of his Baby Smith will he quite lost having nothing
but a few lies to support his cause unless he can obtain an Instructor

COLONIAL RECORDS. 345

from a Gentleman in Hanover Square Of these words we expect an

immediate and distinct explanation and arc

Your meet humble Serv"

WESTMORELAND

P. DOCMINIQUE

T. PELHAM

EDW. ASHE

OR. BRIDGEMAN

Whitehall M. BLADEN

June 20* 1732.

[B. P. R. O. Am: A W. Imd: No. 592.]

BOARD OF TRADE TO THE DUKE OF NEWCASTLE

JUNE 21. 1732.

My Lord,

We take leave to enclose to your Grace the Extract of a Letter we
have received from Captain Burrington His Majesties Groveniour of
North Carolina by which he seems to apprehend the Indians of South
Carolina were preparing to fall upon those under his Government who
hope to be supported by a Party of the five Nations.

As an Indian War may be of the most fatal consequence to both these
Colonies, we have wrote both to Coll : Johnson and to Cap' Burrington
to desire they will take the best Precautions to prevent the same. We
have likewise wrote to the Grovernour of New York to interpose his
authority with the five Indian Nations who are said to \yc concerned in
this affair. But as her Majesties Orders to these three Governours upon
this subject will be much more effectual, We desire your Grace will
please to lay this matter before Her for Her Majesty's Directions therein.

We are my Lord
Your Graces

mo6t obedient & most humble ser''

P. DOCMINIQUE
T. PELHAM
EDW: ASHE
ORL'^ BRIDGEMAN
Whitehall M. BLADEN

June 21'»» 1732.

44

346 COLONIAL RECORDS.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 106.]

M' SECRETARY POPPLE TO GOV. BURRINGTON

21 JUNE 1732.

To Capt. Burriugton
Sir,

My Lords Cominiss" for Trade & Plantation.s having under their (con-
sideration your letter to them of the 4*** Si»pt. last wherein you mention
some apprehension you had that the Indians of South Carolina might
make an attempt against those of your Government I am commanded to
acquaint you that their Lordships think that it will be for His Maj. ser-
vice and the goi>d of the Province under your command that you should
use the most effectual means to prevent any misunderstanding among the
Indians.

Mv Ijords Commiss" for Trade and Plantations have wrote bv this
occasion to Col. Johnson and to Col. Cosby to use their endeavours to put
an end to these misunderstandings.

I am

Your most humble Servant

ALURED POPPLE

Whitehall

June 21-* 1732.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 107.]

SECRETARY POPPLE TO ATTORN^ & SOLIC^ GEN^

30 JUNE 1732

To M' Attornev & M' Solicitor Gen»
Gentlemen,

My Lords Comm" for Trade & Plantations having imder their con-
sideration some papers relating to North Carolina upon which they are
to make an immediate return command me to send vou the inclased Case
and Queries thereon and to desire your opinion thereon as soon as jk)s-
sible.

There may possibly be some Clause in the Act of Parliament passed
in the 2* year of His Maj. Reign for establishing an Agreement with

COLONIAL RECX)RD8. 347

seven of the Lords Proprietors of Carolina for the surrender of their
title and interest of that Province to His Majesty that may affect the
foregoing (»se of which my Lords do not take upon them to judge

I am

Gentlemen

Your most humble Servant
Whitehall ALUKED POPPLE

June 30*»» 1 732.

THE CASE

The Lords Proprietors of Carolina having always appointed Governors
of that Province before they made a sale thereof to the Crown those
Governors with the consent of the Council & Assembly there passed
Ijaws and have continued so to do ever since the purchase made by the
Crown not having notice of the said Purchase.

Q^. Whether any Laws passed after the said purchase by the Proprie-
tors Governor in their names before notice of sale are valid?

Q^. Whether the Laws passed in the Proprietors names after notice of
such purchase and before the King appointed a Governor of his own be
valid

[B. P. R. O. B. T. North Carolina. Vol. 9. A. 24.]

MEMORIAL OF WM. SMITH ESQ" RELATING TO THE

LAWS OF N* CAROLINA

[Rec* & Read 13 July 1732.]

To the Rt. Hon"* the Lords Coiniss" for Trade and Plantations

The Humble Representation of William Smith Esq" Chief Justice and
Chief Baron of the Province of North Carolina in America concern-
ing the present state of the I^aws of the s* Province

That the said William Smith being ready to depart for the said Pro-
vince in order to take upon him the execution of his said respective
offices has first thought it his duty to lay before your Lordships the
pre:sent state of the laws of that Province to the end that your Lord-
ships might be pleased to remove some of the difficulties (w*** in the s*
Smith's humble opinion) obstruct his putting the said Laws in execu-
tion for the reasons following Viz*

348 COLONIAL RECORDS.

That ill the 76*^ Article of the Fundamental Constitutions of the late
Lords Prop" of the s* Province It is OrdainM that no Act or Order of
Parliament shall l)e of any fort« unless it be ratified in open Parliam*
during the same Sessions by the Palatine or Deputy and three more the
Lords Proprietors or their Deputies And then not to continue longer in
force but until the next biennial Parliam* unless in the mean time it be
ratifyeil under the hands & seals of the Palatine himself & three more
of the Ix)nls Proprietors themselves and by their oitlers published at the
next Biennial Parliament.

That in the vear 1707 there were further orders from the said I^rds
Proprietors corroborating the afores* 76''* Article that no law should l)e
of force longer than two years unless confirmed by them.

That by the 12^** Article of their said lordships Instructions to Sir
Richard Everard their late and last Govern' dated the 17''* of April 1725
they thought fit even to abridge that length of time and to make the
continuation of the laws of that Province but for one vear unless con-
firmed by the s* Lords Prop"

That ever since the establishment of the said several Constitutions bv
the said Lords Proprietors as liefore mentioned they have been only six
several I^ws or Statutes of the said Province duely confirmed in pursu-
ance of the said Constitutions Wherefore the said William Smith hum-
bly submits himself to your Ijordships for your directions how to act in
relation to those Laws which have from time to time been made in the
said Province but have not as yet received a due confirmation conforma-
ble to the several limitations of the afores* articles And humbly prays
Your Lords'* to take the same into consideration & to give him instruc-
tions accordingly that so he may be enabled to administer justice to all
parties with Honor to His Majesty & safety to himself

And your Memorialist shall ever pray &<*.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 108.]

SEC^RETARY POPPLE TO ATTORN' & SOL' GEN>

20 JULY 17:V2.

To M' Attorney & Solicitor General

Gentlemen

M' Smith Chief Justice and Chief Baron of North Carolina having
presented a Rep* to my Lords Commiss" for Trade & Plantations stating

COLONIAL RECORDS. 349

some difficulties he labours under with respect to the Laws of that Pro-
vince I am commanded to send you a copy of the said Rep' and to
acquaint you that my Lords have given diret'tions to M' Smith to attend
you upon this occasion to explain more particularly the matters cinitained
in his said Memorial upon which my Lords desiix? yoirr opinion as soon
as may l)e

I am

Your most hum"* Serv*

ALURED POPPLE

Whitehall

July 20*** 1732.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 108.]

SECRETARY POPPLE TO SEC. BURCHETT 1732
JULY 22. (OF THE ADMIRALTY)

To Josiah Burchet Esq™

Sir,

My Lords Commiss" for Trade & Plantations having received from
Capt. Burrington His Maj. Gov' of North Carolina and from M' Porter
late a Member of His Maj. Council & Judge of the Vice Admiralty
Court there several complaints against each other their Lordships com-
mand me to send you for the information of the Rt. Hon. the Lords Com-
miss" of the Admiralty the enclosed copies of so much thereof as relates
to the said Court of Admiralty and to acquaint you that my Lords Corn-
miss" have transmitted to Capt. Burringtou and M' Porter copies of the
said Complaints respectively in order to their taking and interchaning
upon that place such proofs as they may have to support their several
charges which my rx)rds have directed them to transmit hither without

loss of time

I am

Your most hum**** Serv*

ALURED POPPLE

Whitehall

July 22^ 1732

350 COLONIAL RECORDS.

[B. P. R. O. South Cabolina. B. T. Vol. 5. D. 41.]

M' ATTORNEY & M' SOLICITOR'S GEN REPORT UPON

QUERIt:S RELATING TO THE VALIDITY OF

LAWS PASSED IN NORTH &

SOUTH CAROLINA

The Lords Proprietors of Carolina liaving always appointed Governors
of that Province before they made a sale thereof to the Crown those
Governors with the consent of the Council & Assembly there passed
Laws and have continual so to do even since the purchase made by the
Crown not having notice of the said purchase.

Q^ Whether any Laws passed after the said purchase by the Propriety
Governors in their names be/ore notice of the sale are valid?

Whether Laws passed in the Proprietors names after notice of such
purchase & before the King appointed a Governor of his own be valid?

We are of opinion that Laws passed by Governors appointed by the

Lords Prop" & in their names afi^r the sale and before notice arrived in

the Province are of the same validity as such I^aws would have been if

they had been passed in like manner before such sale But that any Laws

passed in the Prop" names after notice of their having conveyed their

interest to the Crown are absolutely null and void.

P. YORKE

C. TALBOT.

ll*** August 1732.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 120.]

M' SEC. POPPLE TO JUDGE PORTER 16 AUGUST 1732

To Edmund Porter Esq" late Judge of Vice Admiralty Court in No.
Carolina

Sir,

My Lords Commiss" for Trade and Plantations have received from
you and considered a Representation and other papers containing com-
plaints of the proceedings of Capt. Burrington Gov' of His Maj. Prov-
ince of North Carolina against you as a Member of His Maj. Council
there and Judge of the Vice Admiralty Court and have transmitted

COIX)NIAL RECORDS. 851

copies thereof of so much as concerns you in the capacity of Judge of
the Admiralty to M' Burchett for the information of the Ixls Coram" of
the Admiralty.

I herewith send you by their I^ordships Order an extract of what
Capt. Burrington has writ to them by way of complaint against you at
the same time I am likewise directed to transmit to him copies of your
forement* Representation and other papers and that my Lords may be
enabled to make a judgment of the true state of this aifair I have by
their command acquainted him that their Ijord** expect he should return
to them such depositions and proofs in his own behalf as he should think
convenient giving you at the same time full liberty or any other persons
concerned to make affidavits before any Judge or other Magistrate of
what they know concerning the subject matter of the said Complaints
and such Judge or Magistrate be likewise enjoined to summon such per-
sons as the complainants respectively shall name in order to give their
testimony in this affair. M' Burrington is further directed to interchange
with you true copies of the Proofs and Affidavits so soon as they shall
be made which you are likewise to observe on your part and that twenty
days be allowed to make his & your reply by affidavits or otherwise to
be in like manner interchangeably communicated to each other and after-
wards transmitted hither without loss of time.

I am
Sir

Your most hum"* Serv*

Whitehall ALURED POPPLE

Aug* 16*»» 1732.

[B. P. R. O. NoBTH Carolina. B. T. Vol. 21. p. 109.]

M' SECRETARY POPPLE TO GOV BURRINGTON

16 AUGUST 1732.

To Capt. Burrington Governor of North Carolina
Sir,

My Lords Commias" for Trade & Plantations command me to acknowl-
edge the receipt of your letters of the 1** July and 4''* Sept. last with the
several public papers you therein mention to be inclosed.

My Ijords observe the complaints you have made against Mssrs.
Ashe, Porter & Smith for obstructing His Maj. service and that you
apprehend they may make some complaints against you.

352

COLONIAL RECORDS.

No such complaints have a.^ yet been lodged in their Ijordships Office
but by M' Porter which their liordships having had under considera-
tion command me to transmit to you the inclosed copies thereof And at
the same time I am likewise directed to send M' Porter a copy of what
you have writ to my Ix)rds Commiss" by way of complaint against him
and that my I^rds may be enabled to make a judgment of the true state
of this affair they further command me to acquaint you that their Lonl-
ships expect you to return to them such depositions and proofs in your
own behalf as you shall think convenient giving M' Porter at the same
time full liberty or any other persons concerned to make Affidavits
before any Judge or other Magistrate concerning the subject matt-er of
said complaints & that such Judge or Magistrate be likewise injoined to
summon such {persons as the Complainants respectively shall name in
order to give their testimony in this affair That you interchange with
M' Porter true copies of the proofs and affidavits so soon as they shall
be made which he is likewise direi^ted to observe on his part And that
twenty days be allowed to make your and his reply by Affidavits or
otherwise to be in like manner interchangeably communicated & after-
wards transmitted hither without loss of time.

In this manner My Lords will have the whole matter properly laid
before them and as you renounce any favor from their Lordships and
demand at the same time their justice I am to acquaint you that you and
every one else may be assured they will ever meet that from their
Lordships in every affair that may come under their consideration.

Until this affair shall in the manner proposed come before their Ijord-
ships my Lords do not take upon them to judge between M' Porter and
yourself yet they cant help observing that M' Porter stands aajuitted by
het old Councillors and only condemned by those whom you have nomi-
nated for new ones.

UiK)n this occasion I am to remind you of that part of your Commis-
sion whereby you are empowered to appoint Councillors whenever the
Council shall be reduced under the number of seven to which number
and no further you have liberty to appoint As there is some doubt
whether there were not seven Councillors in the Province under your
government at the time you took upon yourself to nominate My Lords
expect you will send an exact account thereof by which it will appear
how far you have observed your instructions.

I am further to acquaint you upon this subject that you have not the
liberty of altering the rank in which His Maj. has been pleased to place
the several Councillors in the first Article of your Instructions as you

COIX)NIAL RECORDS. 353

acquaint my Lords you have done You will therefore do well to restore
every gentleman to the rank His Maj. has l>een pleased to place them in
of which I send you the inclosed List.

My Lords have read & considered the several transactions between
yourself the Council and Assembly and command me to acquaint you
that they think it migiit have been advisable not to have recommended
so many things as you did to their consideration at once especially as you
represent the Assembly not so ready to dispatch the matters laid before
them as you could have wished.

My Lords observe that you proposed in one of your speeches that the
Assembly might as they saw occasion send a Deputation from their
Body to advise with you altho' you may have proposed this in order to
facilitate the business of the Province yet as it is a very unusual practise
you will do well for the future to avoid any such thing as well as the
joining in any conference which the Council and Assembly may have
together as you have the honor to represent His Maj. person and as such
are one of the three parts of the legislature of the Province You have
a n^ative on all their public proceedings and therefore cannot in the
least intermeddle in debating or voting in either Council or Assembly or
in any Conference between them.

Upon this occasion my Lords cant avoid observing the great irr^u-
lariti&s you have committed in your commerce with the Lower House
but particularly where you compare one of their members to a thief who
to prevent his being discovered sets the house on fire and escapes in the
smoke As every Member of the Assembly has an undoubted right to
propose whatever he judges for the service of the Province this proceed-
ing of yours looks too much like intimidating the Members of the
Assembly and therefore my I^rds are of opinion that a more cool
behaviour in you may not only be a good example to both Houses but
may prevent any (complaint against yourself upon this head.

My Lords having referred several questions upon the Acts of this
Province to His Maj. Council for their opinion in point of law an
answer to that part of your letters must yet Ire deferred for some time
But I am now to acquaint you with resjjeot to that part of your letter
where you ask the opinion of the Board whether the Receivers of His
Maj. Quit rent^ may not accept of an etjuivalent for Proclamation money
that you are steadily to adhere to your instnictions upon all occasions
and therefore whenever any Act shall be passed It must be enacted that
His Maj. Quit Rents be punctually paid in Proclamation money And if
it shall appear that there is not money sufficient to answer the said l>ay-
45

354 COLONIAL RECK)RD8.

ments His Maj. may then upon a proper application agree to take an
e<iuivalent in the products of the Province

I am likewise to inform vou tliat the Grand Deed of 1668 from the
Lds. Propriet" which you mention as pleaded by the people against iky-
ing any higher Quit Rent than is paid in Virginia can only be under-
stood as temporary letter of Attorney from the Thirds Prop" revocable
at their pleasure as in eflFect it was many years ago when they directed
their Grovernor M' Exlen to grant no Land without reserving one penny
"^ Acre However as the paying 4 shill** Proclamation Money jxir hun-
dred Acres as well as paying all Officers fees in the said Currency &
registring all Grants of I^and are by your Instructions made the terms
upon which His Maj. has been graciously pleased to declare he will
remit the payment of the Arrears of quit rents His Maj. Officers may
soon have directions to collect the said arrears unless the people do
sjKHxlily think fit to comply with His Maj. terms which are calculated
for their advantage and for quieting them in their possessions.

My Ix)rds observe some disputes you have had with the Assembly
about the appointing a Clerk to that House and find by the Minutes of
Assembly that they have taken no notice of the Commission you gave
to M' Williams and have appointeil him their Clerk by their own
authority But I must remind vou of vour 14*** Instruction bv which
you are not to allow the Assembly any greater privilege than is enjoyed
by the House of Commons in this Kingdom where that Offi(*er is ap-
pointed by His Majesty. You therefore must take care not to give up
this point wherein His Maj. prerogative is concerned.

As to that part of your letter which relates to the dispute between the
Chief Justice and the Assistant Judges My Lords desire you will send
copies of the Commiss" you have given to the Chief Justice and the
Assistant Judges that they may judge of the several powers thereby
granted to them.

My Ixjrds likewise desire to know how the matter stands with respec^t
to the power claimed by the Assembly of ch using the public Trea«urer of
the Province & what has been the ci>n8tant practise and by what author-
ity M' Moseley was originally appointed for altho' he is styled Public
Treasurer by several of the Ijaws yet it dont ap()ear to their Lordshi|)s
how or when he was made so.

In answer to what you say with respect to the allowanc* not Ix^ing
sufficient for holding Courts of Oyer and Terminer I am commanded to
acquaint you that whenever your instnictions mention money Proclama-
tion money is always therebv intended unless anv other currency is par-
Hcularly mentioned.

COLONIAL RECORDS. 355

My Lords Commiss" having thoroughly considered the settlement of
the Boundaries between your Province and South Carolina before your
Instruction relating thereto was concluded are of opinion that you should
put that instruction in execution and the mther because they cant think
of advising any alteration therein upon hearing one party only.

When the Attorney and Solicitor Gen* shall have made their Report
concerning the Laws of your Province my Lords will then be able to
give an opinion upon the Act for Biennial Assemblies but so long as a
doubt remains concerning the force of that Law you ought not to make
any alteration in the Assembly And whenever any alteration shall be
tliought necessary it will be more proper to be done by an Instruction
tiian by an Act of Assembly.

In answer to that part of your letter wherein you desire the opinion of
the Board whether tiie Pmprietors of such plantations as are gained to
your Province of Virginia are not to renew their Patents in North Car-
olina I am commanded to acquaint you that they are not obliged to renew
their Patents but only register them.

You acx][uaint my Lords in your last letter that Warrants have been
given to several people in the time of the Lords Proprietors to take up
land and settle to the Southward but no Patents have been issued in pur-
suance thereof upon which you desire the directions of the Board Upon
this (xxiasion my Lords desire you will send them a distinct account of
that aifair a list of the several Warrants with the dates of them to whom
given upon what consideration what quantities of land are thereby
intended to be granted what Quit Rents are thereby reserved whether
any of those Lands have been taken up and whether the particular quan-
tities of land and the situation thereof are specified in the said Warrants.

I am your most obed* hum"* Serv*

ALURED POPPLE

Whitehall

August 16"» 1732.

356 COLONIAL RECORDS.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 29.]

RICE, MONTGOMERY AND ASHE VS. BURRINGTON.

North Carolina.

To His Grace the Duke of New Castle one of His Majesty's Principal
Secretarys of State.

The most humble Memorial and Remonstrance of Nathaniel Rice and
John Baptista Ashe two of the Meml)ers of Council and John Mont-
gomery Attorney General and Deputy Inspector and Controller Gen-
eral of his Majesty's Province of North Carolina.

May it please your Grace

We b^ your Grace to permit us (by way of Apology for thus address-
ing you) to shew the reasons induceing us to this Method of representing
to your Grace the State of this Province. George Burrington Esq**
Governor being conscious that his proceedings in the administration of
the Government have been most arbitrary and ill^al has used his utmost
endeavours to prevent a true State of this Colony being exhibited to his
Majesty not only by refusing to call Assemblys whereby the people
might be enabled to remonstrate in a Parliamentary way, but also by
his arbitrary acting and artfull management in Council in concert with a
few Members of his own apointment and by mean?of a Deputy Secretary
a creature of his and by him imposed in a manner upon his principal, he
has so mutilated altered perverted and misrepresented things in the Jour-
nals of the Council that scarce any affair transacted at the Board appears
in a true light. We therefore finding it improbable thro these and many
other artifices of the Governor that his most excellent Majesty will
receive any true information of the affairs of this Province, think we
cannot faithfully discharge a trust reposed in us by our most gracious
King as officers of this Government unless we truly represent to your
Grace the deplorable State of this Country ; the many breaches of his
Majesty's Royal Instructions and the greivances and oppressions Suffered
by the people, humbly praying your Grace will represent them to his
Majesty in Such manner as your Gnu« in your great wisdom Shall
think fitt. What we shall represent to your Grace will be contained
under these General heads.

1. His arbitrary exercise of power respecting proceedings in Council
2**^. His Arbitrary exercise of power relating to the Courts of Justice*.

COLONIAL RECX)RD8. 367

3*^^. His arbitrary proceedings relating to the disposition of the Kings
Lands

^thiy jjj^ disrespect to and insulting and abusing the Kings oiBcers
and otliers.

5tiiiy jjjg illigal and arbitrary actions relating to the Extorting moneys
from the Kings Subjects.

We proceed on the first General head.

l". During a Session of Assembly after his arrival (the only one he
has suffered to be since he has l)een in the Province) he assumed to him-
self and affirmed he had a power of acting and of voting as a menil)er
of Council and of the upper House of Assembly distinct from his power
of Governor or of his N^ative willed and ordained him by the King,
and he thereupon procee<led to alter and rase Bills on their readings in
the upper house without consulting the Council particularly a Bill relat-
ing to the appointment of Circular General Courts and when some of
the Council in the most humble manner objected to such a proceeding,
he flew into a passion, particularly in this case with John Baptista Ashe,
alhnlging that from him of all men he expec^ted not to have heard such
an objection or to have received such usuage, expressing himself in an
angry tone Sufficiently denoting his displeasure, tho the objection was
made of the said Ashe in the most mild and respectful 1 terms

2^*^. When by an order in full Council several Gentlemen of the best
fortune, ability and character in the Country were nominated and ap-
pointed Justices in the General Commission of the Peace, the Governor
afterwards l)elieveing those Gentlemen would not be obsequious to his
arbitrary dictates, or subservient to his ends, the said order by his arti-
fice was left out of and not entered in the Journal of the Council and a
commission was by him ordered to be made out by assent of Council
wherein three Members only were present (and those three Such as are
always conformable to his pleasure be it what it will) in which those
Gentlemen were omitted.

3**^. The Governor being desirous of introducing M' Lovick and M'
Gale into the Council pretends a very great emergency vizt: the appoint-
ment of a Chief Justice and assistants M' Smith having withdrawn him-
self out of the Government without leave as is represented in the Jour-
nal of the Council the 27*** of August 1731 when those Councellours
were introduced. Now it is notorious and was publickly known that
M' Smith left the Province the beginning of the month of June so that
there were six or seven weeks interveening his departure and this pre-
tended Emergency Certainly this was time enough to summon the other

868 COLONIAL RECORDS.

Members from Cape Fair or any other part of the Government and yet
none were summoned but he introduced them, two only of the Council
being present and one of them objecting against it as contrary to his
Majesty's Seventh Instruction which forbidds his filling up the Council
beyond the number Seven : It is plain his Intent in thus acting was to
introduce these Gentlemen into Council and by their means to appoint
the Chief Justice and assistants which he did being all men he was
assured would be subservient to his ends: and it was done with design
Art and management whereas he would represent the matter as if he was
obliged to it by a sudden and unexpected Emergency.

^thiy rp^^ ^^^ ^ slurr on the characters of some particular Gentlemen
and to give them needless vexation and trouble He has exhibited charges
against them in Council causing them in the depth of Winter (not at the
usual times of Courts or meetings of Assemblys or Councils) at their very
great Expenc« and fatigue to travel two hundred miles to answer, and
when they have ap|)eared and in writing made answer to such charges and
defended themselves and have prayed that as their charges were their
defences might be entered in the Journal also, he by his sole power has
refused and prevented the entry of such written defences and only enters
short inferences from them of his own making (made out of and after
such Councils are over) as their answers : whereby things are misrepre-
sented in' the Council Journal and the true state of such ceases disguised,
and several ill^al and arbitrary proceedings of his, in such answers set
forth prevented from coming to the notice of our most Gracious King
and his Ministry. Such were the ceases of Maurice Moore John Porter
Edward Moseley John Baptista Ashe and several others whose answers
tho they humbly requested they might be entered he has forbidden to he
entered, the reason is plain ; they contain matters which he would c^on-
oeal, as reference being had to such answers will appear. These two last
Articles out of a multitude of others which we cx)uld give (were we not
afraid of tresi)assing on your Gra(«s |)atience) will serve a«» well as in-
stances of his misrepresenting things in the Council Journal as for his
arbitrary exercise of ix)wer in it.

5*"^. On the receipt of a private copy (not attested by any officer) of
M' Smith's complaint to his Majesty against him the Governor: he has
proceeded to bring people before him in Council to de<'lare whether they
imployed M' Smith to complain against him. In tlie choice of such to
be brought before him he has generally hitherto taken such as he was
pretty sure would either thro fear or for other cause purge themselves for
a denial, on so doing such liavc been annplimented and had his thanks

COI/)NIAL HPXK)RD8. 359

and .some few who have refused to stand s!ioh an inquisition have highly
incurred his displeasure so as he has lx*stowe<l on S4)me of them the Titles
of Roj^ue and Ra>«c«l in Council. In this affair he has without his Maj-
esty's direc»tions proceeded exparte (no jKirsons being present to cro«8
examine) to examine Witnesses, one to take affidavits, depositions and
solemn I)e(*larations on Oath ; many of which are made by himself and
th(^ jMirtys concerned ; at the cx)ntents of which we shall only at present
say we are amazed : as for Instance where in some of them it is set forth
that he bona fide for a full and valuable (xjnsideration purcrhaj!(ed the lands
mentioned in M' Smith V memorial to his Majesty to which we refer,
moved to it on the report of a lead mine l)eing on them ; The lands are
known to be some of the most fertile in America and the Governor has
(it seems) of them about forty thousiind acres ; but as to the rejjort of die
lead mine being on them we are confident it was never heard of till these
solemn Declarations were thought necessary : and if true we cannot con-
ceive that the mines should render those lands less valuable. There are
many other (we forel)ear saying falsities) al)surdities and irregularities in
these his proceeilings which we amid point out to your Grace but forebear
of Ix^ing too tetlious we shall at present decline it : If his Majesty shall
think fit to direct a full and impartial enquiry; they will then appear.

We (N^uld give many other Instances under this Genend Head but least
we be too tiresome to your (irace we shall proceed to the second g^nieral
head rt^pec*ting his arbitrary exercise of iK>wer relating to the Courts and
a<lministration of Justice.

1**. With respect to the Courts and his own administration of Jus-
tice, his priK-eedings are without example. He has appoints! a Man
Chief Justice of this Province whom he has often declared to be the
greatest rogue in this Country and we can truly say is unskilled in the
I^wand in all r&spects unqualified to execute that post; and four assist-
ant Justices of the Supreme Court; one of whom can neither read nor
write and all very weak persons and unskilled in the Law but Such as
he imagined fitt for his purpose and the event has to the grief of this
Province shewn that he was not mistaken.

He frecjuently appears in the Courts either to influence them, in favour
of his friends or to the prejudice of those he is displeased with ; and this
not by his bare presence only, but by openly speaking to and directing
the Courtis acicording as he is inclined to the party. So intent is he to
crush those he has conceived a prejudice against that he has forbidden
the General Court to admit any person to plead there but Such as Shall
obtain his licence, atho there is no law requireing Such licence. By which

360 COLONIAL RECORDS.

means he deprives jxirsons formerly liceiieed and admitted as Attorney
(being old Practioners) of their business unless by proper ways and
applic-ation they can procure his favour. And when M' Moseley the
oldest practioner of the I^aw in this Province (who was licenced and
practiced near twenty year past) appeared and made a defence for some
persons who were indicted by the Governors means for supposed facts
said to be done before his arrival in this Government and which the party
said to be injured in open Court declared was not of his promoting The
Governor after the Jury were gone out on that Trial came down out of the
Gallery (where he and his Lady appearecl to influence the Court and Jury)
to the Court table where M' Moselev stood with his hand on the Bible
being about to take the Oaths : and notwithstanding the said Moseley
prayed the protection of the Court he ordered the Marshall to take the said
Moseley out of the Court and to bring him before him ; and in Court com-
manded all his Majesty's subjects to assist the Marshall, and when M'
Maseley was brought before him he treated him with great scorn and con-
tempt offering him many indignities; and commanded the Marshall ver-
bally to commit him to prison. At another time viz. at the General Court
held in July last some debate arising in Court al)out the granting time
to the Def* aft-er oyer prayed of certain writings mentioned in a Declara-
tion whiere the Governor was plaintiff and on which occasion the Gov-
ernor and his Lawyers pressed for the Defendant to plead immediately,
the Defendant having no Lawyer M' Moseley told the Court that during
the many years he formerly practiced as a Lawyer he never knew it
refused. The Governor went out of Court and immediately aft;er com-
manded the Marshall to take the said Moselev into to custodv and t»rrv
him to Goal for what he had spoken in Court, altho the Court declared
they were no ways offendeil at what he had spoken : accordingly by the
Governor's verbal order he was carrved to the common Goal and there
confined, untill by motion to the General Court for a Hal)eas Corpus he
was brought l)efoi'e the Court an<l discharged by the unanimous Judg-
ment of the Court, consisting of the Chief Justice and three assistants;
for which they have (as its said) fallen under the Governours high dis-
pleasure, who declares he has jK)wer to (H)nimit any j)erson to prison without
cause shewn for twelve hours, and indee<l he has exercisi^^il this his assumed
power in another case vizt : in that of Dm-tor George Allen a Physician
whom he committed and confined in the common Goal ten hours without
shewing any c^use, and before a Warrant or Mittimus was delivered to the
(loaler. The severe usuage of M' Moseley is the more to l>e taken notice
of in as nnich as for near twenty eight years past he has l>een an Inhabi-

COLONIAL RECORDS. 361

tant of this Province having a very good Estate and for near half that
time lias been an Eminent Member of tlie I^wer House of Assemblv
Ix^ing 5 or 6 times chosen Speaker thereof; the other part of the time a
Member of the Lower House of Assemblv Council and Survevor Gen-
eral and has had the greatest Trust reposed in him by the Province ; and
he is thought by most people to have received this usuage for his endeav-
ours to hinder and prevent the Governours violent proceedings. Mis-
erable must be the state of that Province where the Governor. shall take
on him to hinder Lawyers who have l)ecn received as such by the Court
for near twenty years past, from pleading or speaking of those he intends
to crush and injure and indeed this is ex}>erimentally found to be a sure
means of such persons being left defenceless without any one dareing to
speake or plead for them.

To these Instances may be added his eagre desire of Serveing his
favourites : So partially favourable is he to M' William Little (a person
whom he consults on all occasions relating to the King's Business tho'
there are many notorious complaints against him for injustice and wrong
done to the King as well as to the Subject) that lately in a case vizt.
Rowell against Jones at his the Said Littles Instancre he granted a writ
as Chancellour (without any preceeding Suite or Bill brought or filled in
Chancery by the Plaintiff and without notice given the Defendant
whereby he enjoyned and ct)mmanded the Offi(«r to oust or put the defend-
ant who was l)ona fide a purchasor and actually in {ftac^eable and quiet
p<xssession out of possession, and this without any view or inquest of
forc^ible Entry ; there l)eing none indeed So much as pretended and to
put the Plaintiff (who was only Wife of the Vendor and had not the
least Title or interest in the Lands Sold) into possession which by the
Officer was accordingly done. And of this when the Attorney General
complained to the Governor and Council Setting forth what a dangerous
precedent it might prove, and how grievous a practice it might introduce,
and praying relief in behalf of the defendant he was denyed it or at
least he was delayeil being put off as was pretended for want of a full
Councill (which for Several reasons he then prevented as tis thought its
being full) tho the Act was committed or done by himself Solely, and
the Attorney General was insulted and abused having much reproachful
language bestowed on him and the lye given him in Council by his Ex-
cellency when he had asserted a Truth as was apparent, by the record in
the Court of Chancery. Thus he acts in behalf of his favourites: but
when the case comes to be his own he Sticks at nothing to gain his pur-
pose, as in the case of M' Porter, who having obtained a Patent for Some
46

362 COLONIAL RECORDS.

Lands, and built and Seated a family thereon consisting of a Man his
wife and Six Small children, and the Wife big and ready to lay in with
another ; the Governour making Some trifling and frivolous pretensions
(as on Examination we doubt not they will appear to be) to the land ; he
went to the Tenant told him the next day he designed to bum the house
required him to move his family and goods or otherwise he would burn
them in it : The poor people frightened with this threat, moved and
took out as many as they could of their goods to Save them from being
burned : The Governor was as good as his word, for the next day he
burnt the house and Several things belonging to the p(X)r Family ; what
and how fatal by this time had been the End of one under his displeas-
ure who should have presumed to have perpetrated So wicked an action
We think we may justly Say the Gallows had been his portion. Give us
leave to deliver our opinions to your Grace, that it is imjwssible any
Country Should long Subsist under the Administration of a Governour
So extravagant (to give him no worse an Epithet) as this ; and we doubt not
but your Grace comiserating our Condition will justly represent these
things and the State of this Province to our most gracious Sovereign
from whose conspicious Justice and goodness we expect and hope for
relief.

Some months after the arrival of the Governour in this Province seven
Negro Slaves were brought into Cape Fear River and sold to sundrj'
persons soon aft^r it was reported that they were stolen from the
Spaniards settled at S* Augustin. As soon as the Governour had notice
of that report he took those slaves from the persons who had purchased
them and sett them to work u])on his own Plantation with design a<* he
then declared, that they might be secured for the Spaniards ; but (as it
plainly appeared afterwards) he sole design was to appropriate them to
his own use; for not long after the Governor of S* Augustin in conjunc-
tion with the owner of those Negroes appointed an Agent to demand and
carry them to S* Augustin who according to his Instructions, applyed to
the Governour and demanded the same: but so was he fn)m complying
that he absolutely refused to deliver them, pretending they were the
property of those persons who bought them upon their arrival in this
Province. Thus when the Purchasors who bought them he insisted they
were the pn)perty of the Spanianls : but when the Spaniards, his pretence
was they were the property of the Purchasors ; on such pretext he keep
them a long time, till most of them have escaped and are lost to l)oth
partys. This proceeding of the Governor the Inhabitants upon Cape
Fair River are apprehensive will be highly resented by the Sjwiniards,

COLONIAL RECORDS. 363

and as there is no Fort to protect that young Settlement and being open
any every way easy to be invaded, they are in great fear the Spaniards
will make reprizals, by taking their N^roes, as they may without diffi-
culty.

S*"^ His arbitrary proceedings relating to the disposal of the Kings
I^nds The Governour by his Majesty's commission is impowered to set-
tle and agree with the Inhabitants for lands &c and to grant them by
and with the advise and consent of the Council, and that such their ad-
vise and (Xiiisent is necessary, is also plainly implyed by his Majesties
42 & 43** Instructions to his Excellency : yet so arbitrary are his pro-
ceeilings herein that he grants Warrants contrary to the Kings Instruc-
tions in undue proportion to whom and in what manner he pleases with-
out (K)nsulting or requiring the advice and consent of the Council; whilst
he refuses others who want Lands and are ready to comply with the
Kings Instructions : Thus instead of impartially granting Lands accord-
ing to the Kings Instnictions to such as are capable of improving them
he uses his power partially and dispences Warrants for the Kings I^ands
as acts of favour to such as by complying with the Terms and measures
render themselves well pleasing to him : This is not all he exacts two
shilling and sixpence for every fifty aci*es he signs a Warrant for; when
nothing like it is expressed or intended by the Kings Instructions and
this he requires in Silver or Gold, the scarcity of which is so very great
in this Province that many j)eople are forced to procure it (with much
trouble too) at double and treble the real value in currency; while others
are not able to procure it at all. Thus what his Majesty is graciously
pleased freely to give unto the people he extorts and demands a consider-
ation for, to his own use. The consequences of this Method are very
prejudicial as well to the Kings revenew as to the subject : To the Kings
Revenew in that, there are many Plantations of which people were put
into possession by and pursuant to an order of the Governor and Council
in the time of the Proprietors (M' Burrington then being their Governour)
till the Proprietors pleasure should be known as to the granting such
lands in Fee these }>ersons as they have generally l)een at great expence at
cultivating improving and occupying such Lands, continue in possession ;
and as Gold or Silver is by the Governor iasisted on and is not possibly
to Ik* had they cannot take up their lands on the tenure his Majesty pro-
poses and gracnously offers, and so the King has already been deprived
of near two years Rent of such Plantations ; except for some for which as
the possessors could not possibly procure gold or silver; Warrants have
been granted to others (and those chiefly the Governors creatures) whereby

o
o

64 COLONIAL RECX)RD8.

people have been tlirown out of such possessions and in a manner ruined,
Such is the case of one William Grey at Cii\ye Fair, who after he had been
at the Expence of above two hundred pounds currency for such a possession
had it taken from him by Coll : Robert Halton one of the Council and
Provost Marshall of the Province by the Governors appointment, Such
too are the cases of John Smith and William Bartram, who after being
at a considerable Expence have had their lands taken by the said Halt4)n ;
many more Tracts the said Halton hath and yet he has not six souls in
his family for whom he c^an claim an allowance of land pursuant to
the Kings Instructions. In the same case are several Inhabitants of
New River who lands have l)cen taken up by one John Williams, who,
tho having very few in his family had granted him by the Governor
(what he calls) rights to lands as at his Rate of selling i^me (it is said)
or amounted to more than twenty cows and calves delivereil on the Gov-
ernors Plantation at Cape Fair and accepted in lieu of silver. We can
give many more Instances of this nature. But these we suppose may
suffice at present to shew the illegality of his proceeilings in this case,
which is like to be tlie case of manv more so that we think we may justlv
say — such a method Ls injurious to the King, prejudicial to the subject
and detrimental to the settlement of the Province for his thus embaras-
sing and loading with difficulties (contrar}' to the Kings Instnictions) the
taking up of lands deters many poor strangers who come in quest of lands
from settling; it makes many already here talk of removing and discour-
ages others. from coming who hear of these proceedings.

^thiy We^sliall now proceed to the 4*** General Head viz* his disrespect
to and insulting the Kings officers and others.

In the first general Assembly afl^er his arrival he frequently in Coun-
cil, or the Upi)er House used menaceing speeches and insulted M' Chief
Justice Smith particularly on a complaint of contempt offered to M'
Porter then one of the Council, by one Mackev. The Chief Justice
Saving the said Mackev might l>e committed for the contempt: The
Grovernor asked him where he had learnt that law. told him he knew
nothing of the Law; explained in a contemptuous manner, Saying, a
pretty Chief Justice ! i-ejKsiting the words several times ; Iwide him give
an Instance of any (me ci^mmitted for such c<mtempt several Instances
were* given of commitments of contempts to persons of a lA)wer House
of Assembly, a fortiori of an upj)er house : M' Smith much agitated and
disturbeil with such treatment rose from his Chair and was about to
withdraw fn>m Council the Governor obliged him to sit down again,
again used reviling language and sc^offed at him. During the same ses-

COLONIAL RECORDS. 365

sions he very grossly abused several Members of the Ix)wer House of
Assembly. He would (with an intent to make differences it was thought)
sometimes affirm that one Member had informed him of such and such
a matter, or of such and suc^h words spoken by another member ; the
member by him alledged to have made the information (and there hap-
l^ned to be no Witnesses) would deny and then the Governour would
publickly rail him Rogue, Rascall and villain, this was the case of one
M' James Castlelaw to whom it is notorious he bears implacable malice.
The Attorney General is the Subject of his repeate<] Scoffs and jests: he
is fretpiently l)estowing on him and that publickly Nick-names and
t(Tms of reproach : He forewarns people from keeping him company,
and lct,s them know, if they are seen in it, they will incurr his displeas-
ure; nay he will ojxinly call to persons in the Street, in company with
M' Montgomery and tell them they are in badd company, and letts them
know, if they are seen in it, they will incurr his displeasure nay so great
is his hatred to him, that he never consults him in the Business of the
Crown, no not even when he is the proper Officer to be consulted, but
M' Little (in his representation before mentioned) a person notoriously
disaffecte<l to the illustrious House of Hanover) is in all such cases
applyed to and by that means executes a large share of the Office of
Attorney General, and enjoys the greatest part of the perquisites.

To M' Harnet one of the Council (after having Signed a paper
together with M' Ashe in answer to one of the Governors put to them
by the way of query) he writes a letter to let him know that he was no
longer his friend but had conceived a resentment against him equal to
the b&seness and ingratitude (such are his expressions) of him and his
conceited scribler. He, and M' Harnets own House called him Fool,
Bl(x;khead, Puppy, Ashes, Tool, and this without any provocation or
any thing then Said by M' Harnet. We could give you Instances of
many most abusive and scurrilous letters written to Several gentlemen
of the Province without any provocation but we shall not trouble your
Grace with such Trifles but proceeil to the 5"* and last General head vizt :

gthiy jjjj^ illegal and arbitrary Actions relating to the extorting moneys
from the Kings subjects.

Ry the ancient laws of this Province, there was a fee of twenty two
shilling and sixpence in silver money or 180 weight of Pork piTyable to
to the Governour by every foreign Deckt vcssell trading to this Province;
on the revisal of the I^aws in 1718 the same fee was again established,
some of the Governours little Hoarding that Establishment (and fresh
Pork or Silver not always to l)e ha«l) took of the Masters of Vessells a

366 COLONIAL RECORDS.

Barrel of Porke which was at least one third more in value. Thns was
very justly thought to be a hardship put on the Traders wherefore in the
year 1723 a Law was made Entituled an Act for the ascertaining Naval
Officers and Collectors fees; whereby the fees for such vessells were
established at about three pounds six shillings, as by the several Articles
in that Act mentioned will appear; and those fees were expressly declared
by that Law to be payable in the paper currency of this Province, that
sum of three pounds six shillings being, as near as (X)uld be estimated,
the value of the Porke or silver article, and those fees so ascertained
were from that time c*onstantly j>aid in paper currency, no other being
demandeil untill the arrival of the present Governour whose avaritious
tamper not being content therewith he causes his private Secretary (who
acts as Naval Offic»er for him) to take the sum of thirteen pounds fifteen
shillings in paper currency pretending it his Majesties commands or
directions that all Officers fees shall be paid in silver money, tho the
contrary is very apparent from his Majestys Instructions to him. This
sum of thirteen pounds fifteen shillings is taken altho the Act aforesaid
is unrepealed ; and were that I^aw repealed we conceive no more ought
to be taken than the value of twenty two shillings and sixpence the for-
mer silver fee, whereas now (as we have sliewn) about four times the value
is taken. The badness of the Inletts is discouraging enough to the mer-
chants trading hither; but the encrease of fees that are now taken (only
since tliis Governors arrival) upon such small vessells as generally come
hither more than used to be, or than the Laws allow l)eing about eight
shillings ^ Tonn on the vessells trading to this Province is so very
extravagant that divers Merchants of New England and other places
have foreborn trading hither. What makes it highly necessary for us
(who are actually in his Majesties service) to represent this to your Grace
is not only the great injury done tliereby to Merchants and the People of
this Province but the abase offered his Majesty, whose name and authority
he uses to counternance such his unlawfull doings.

Another Instance of his Extortion is the case of a poor old Man, one
Lewis Johns, who before M' Burrington's departure last out of this
Province had for a Bill of Exchange sold him twenty ix)ws and calves
to be delivered in the fall and the cows to be big with calf again. The
Man aftfer M' Burrington was gone IxMug given to understand the Bill
would l)e protested for that reason before forbore delivering the cows
and calves till the spring was twelve months after, then (the Bill being
paid) instead of twenty he brought and delivered to M' Burringtons
overseer thirty (»ws & calves: by which (in the opinion of all indiffer-

CX)LONIAI. RECORDS. 367

ent i)eople) he made ample amends for his former default: sometime after
this during M' Sir Richard Everard's Government this I^ewis John's
lx?ing aasaiilted by a drunken man with a naked knife in his hand, Lewis
John's unfortunately struck the man after which stn)ke, in a little time
he dyetl tho it was the opinion of most people present that his death was
not occasioned by the stroke there being no mark or sign of hurt, and
the man very sickly of a weak constitution and on opening of his lx>dy
by a doctor found to be much disordered and decayed in his liver and
other internal partt^. However I^ewis John's imediately surrendered
himself to Justice and in order to his Tryal he was conveyed in from
Cape Fair to E<lent^)n to the General Court and so were the Evidences
The Grand Jury found the Bill Ignoramous and he was discharged:
Since Governour Burringtim's arrival he went to this |K)or mans house
demanded of him forty or fifty cows and calves more : the man denyed
paying him any more alledging he had made ample satisfaction, where-
ujK)n the Governour called him old Rogue, Rascall, Villain and many
other hard names, threatened to mine him, told him he would have
him tryed by a Jury of honest men, alluding to his formal Tryal con-
cerning the death of the Man; and at last by his threats (an attendant
and creature of his at the same time coaxing and persuading) he extorted
fmm the poor man his bill obligatory for the payment of twelve cows
and (jalves more and then he no longer insisted to bring him to tryal.

The Governour hail formerly a fee of ten shillings in silver for mar-
riage Licences, but such Governors exacting largely of persons seeking
Licences (as silver was not to be had) that fee was established by Act of
Assembly at twenty shillings in Bills : For which the Governor extorts five
|)ouud8 and such is his practice of disposing of such Licences that their
end vizt: (the preventing of clandestine marriages) is entirely defeated,
for w^ithout consultii^ who takes them or directing any security to be
taken on delivering them out he makes Merchandizes of them, exposing
them to sale to any purchasor at Ordinarys ale houses or Public;k Taverns,
employing people keeping such houses as his Brokers to dispose of them
through the Province; by which means any young persons may and many
actually are married without and even contrary to the consent of their
Parents or Guardians.

These of many more instances of the like nature which we could give,
we have presumed to lay before your Grace that you may judge how con-
sistent his Actions are with justice his duty to the King, r^ard to his
Majesty's Interest, and the Liberty and Privileges of British subjects.
We again most humbly intreat your Grace so to represent this Matters to

368 COLONIAL RECX)RDS.

our most gracious sovereign as you shall judge meet: for from his con-
sumate justice and clemency (tho your Graces intercession) his poor dis-
tressed subjects of this Province ho|)e and pray for relief
We are with the greatest respect & submission
May it please your Grace

Your Grace's most Faithfull and
mast obedient humble servants.

NATHANIEL RICE.
BAPTISTA ASHE.

JOHN MONTGOMERY.

North Carolina the 16"» of Sep' 1732.

[B. P. R. O. Am: A W. Ind: No. 592.]

LORD DELAWAR. OCTOBER 16"» 1732.

My Lord,

M' Cole whose head of hair your Grace is perfec^tly acquainted with
is the occasion of my troubling you with this. He has been informed
that Captain Burrington Governor of North Carolina is to be recalled
and is very desirous that your Grace would be so kind as to recommend
him to l)e his successor. Indeed my Lord it would be an Act of great
good nature and charity, and I doubt not but he will behave himself
entirely to your Graces Satisfaction, if my recommendation has any
weight with your Grace I shall esteem myself happy and own my obli-
gation ; there being nobody with greater truth and respect, My Lord

Your Graces
most humble

and most obedient servant

DELAWAR.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 41.]

LETTER FROM CAPTAIN BURRINGTON TO THE

SECRETARY.

N* Carolina the 2* of Nov' 1 732.
Sir,

I received two letters from you by the way of South Carolina last week,
one dated the 16*** of June the other the 21'* That of the 16*** is a Dupli-

COLONIAL RE(X)RDS. 369

catc of one you formerly sent me by Capt. Beekman dated the 10*** of June
17;n. \v*** I answered in last Mav 10*** The addition that for the future
I must send to the Board of Trade yearly accounts of the I^aws made
Manufactures set up and Trade carryed on here which may in any man-
ner atfect the Trade, Navigation & Manufactures of Great Britain I
will assuredly perform this.

I can at present only add to what I wrote in my Report on 25*** and
115*** Instnictions, that abundance of Saw Mills are erecting here by
which the Builders propose to carry on a Trade in boards and other
saw'd Timber.

The Trade of this Country increases pretty /ast and the Province
flourishes, but I attend the orders of the Lords of Trade before I go
about makeing or altering Laws, of which much is said in my Report,
long letter of the 20*** of February and Representation.

I gave their I^ordships an account in the Representation that I had
settled the Indian affairs to the satisfaction of all Partys and they con-
tinue in the same manner tho' there hap[>ens small acts of Hostility now
and then in hunting on the upper parts of Cape Fear River between
our Indians and the Cataubes of South Carolina, which we look upon
to be for our advantage, thinking Indians love and will be doing a little
mist^hief, therefore had rather they should act it upon their own tawny
race then the English, in my opinion our affairs are in as good condition
as c^n l)e desired in res|)ect to the Indians in this and the neighbouring
Governments.

I have been intollerably plagued with settling the Militia and altho'
I was last year and this in every Precinct in the whole Government the
work is not compleated, the death of two Colonels and my own terrible
sickness were the hinderance but I shall soon sett out to finish the
remaining part when returned shall send their Lordships the State and
Condition of this Province, to them I desire you will give my humble
Duty, it is in their Power to make this Country one of the best Colonys
in North America

I am
Sir,

Your most obedient
humble servant

GEO. BURRINGTON

47

370 COLONIAL RECXJRDS.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 42.]

LETTER FROM CAPTAIN BURRINGTON GOVERNOR OF
NORTH CAROLINA. IV^ NOVEMBER 1732.

May it please your Lordships,

I am honoured with a letter signed by seven of your Lordships dated
the 20*** of June last by which I have the great satisfaction to under-
stand I may in a short time expec't His Majesty's Commands in such
matters as relate to His service in this Province, or wellfare of the same ;
those commands I impatiently wait for and shall obey with duty and
reverence when received.

The extraordinary vile and unpresidented Behaviour of William Smith
late Chief Justice, & some other Officers in this Government made it
necessary for me to write to your Lordships some Paragraphs relateing
to myself and them, which I wish there had been no occasion for, that
they are couch'd (to use your Ijordships words) in a very extraordinary
stile I am at a loss to know what may be your Lordship's meaning Couch-
ing being not customary to me, but the few lines that require an immedi-
ate and distinct explanation, shall pursuant to your Lordships expectation
be immediately and distinctly explained. The words as marked by a
Black line in your I^orships letter are these following; by which failure
of his, Baby Smith will l)e quite lost having nothing but a few lies to
support his Cause, unless he can obtain an Instructor from a Gentleman
in Hanover Square. These words upon due consideration I am sensible
do require an explanation that your Lonlships may know what is the
real' meaning of them, so proceed to inform your Ijordships that the
aforesaid William Smith was a verv idle drunken vouns; man that he
would frecjuently weep over his (*ups and was horribly given to fibbing
& boasting of his Family and Interest among the good People of North
Carolina but to his greiit misfortune there came two men out of the north
that knew Smith his Father and Mother the accounts these men gave
of him and his Family was that his Father had Ikkmi a smugling
Trader but broke & had a statute of bankruptcy taken out by his cred-
itors against him and that he had also been a)ncerned in carrying on sev-
eral trayterous correspondencys against the late King, and that Smiths
Mother was a very mean poor family, both these Northern men that
knew Smith's Family so well were pleased to say he (Smith) was a Baby
and ought to be sent home and whipt att school for talking in a manner

COLONIAL RECORDS. 371

so false and foolish & ever sence that time he has had the name of Baby
added to Smith when People have mentioned him in conversation

I now pro<xied to Ashe the other Person mentioned in the words now
explaining When I first came into this Country to govern the same for
the late Lords Proprietors Mr John Baptista Ashe was poor clerke to a
very inconsiderable Precinct court, but being informed what family he
was off, and haveing been acquainted with several Gentlemen of that
name, I gave him a good Place for this Country, caused him to be chosen
Speaker of the Assembly and promoted his interests upon all occasioiLS
that offer'd, when I returned to England I left the management of my
Affairs in this Country to him, which he so managed that instead of
improvements I found my Estate and chattells a thousand pound ster-
ling worse then w4ien committed to liis care. And M' Ashe from poor
became rich, however I was mast extreamly civil and obligeing to M'
Ashe till he endeavoured to fix a vile scandal upon me in an affair be-
tween Tate and Harnett in last January which Transaction is in the
Council Journals ; M' Ashe by himself and Partisans used many induce-
ments to inveigle the men of North Carolina to advance money far de-
fraying the charges of a voyage he designed to take for England and ex-
pences during the time he should solicit his own business and that of
North Carolina under the denomination of Agent which he designed to
(x>nfer upon himself and honour Baby Smith with the same Title, but all
his endeavours and designs were frustrated by the stupidity of these Peo-
ple, who were not to be persuaded to part with their money, this un-
expected denyal was the reason Ashe did not keep his word in going
to England to assist Baby Smith, or Chief Justice Smith in the wicked
design he rashly and ungratefully undertook to ruin me that had been
his friend and Benefactor; Ashe failing to raise money for the concerted
usage remained here, but I am well informed did assist in composeing a
sett of horrid crimes calculated to make me otlious which were incerted
in a Petition delivered by Smith to the Kings most Excellent Majesty I
hojx? your Lonlships have seen those complaints and my answer if not
be pleased to send for them to M' Delafay.

I have had several eontroversys in writing with the said Ashe the last
not l)eing gone home I send by this conveyance to Coll : Bladen (altho'
his name is not subscril)ed to the letter I am now answering) a Gentle-
man all men that have the honour to know will allow to be an excellent
judge of such compasitions.

I thought Smith would be at a great loss how to proceed in his pro-
jected <lesigns against me Upon M' Ashe\s breach of promise in not repair-
ing to London, therefore judged he would want an Instructor, and for

372 COLONIAL RECORDS,

Hanover Square I might very well tliiiik that a fitt place of Instruction,
it was there I used to wait upon two Gentlemen for advise and assistance
in my own affairs, The right honourable M' Edgcombe allways gen-
erouse, wise and benificent is one of the persons I mean and the other
Doctor Sayer dead to my great misfortune whose good sence and humanity
was known and experienced by many his friendship to me will appear
by many letters I still retain Other Gentlemen of great parts live in
Hanover Square, But to he very plain I liad strong intimations that M'
Smith would make appliaition to a certain Gentleman liveing there, the
reasons I Ivm\ to l)elieve it as l)ecame a man of honour I wrote to the
Gentleman himself and others and have had assurances from mv friends
that I need not in the least doubt his friendship, or think my Enemys
could find any countenance from him which I have since acknowleilged
with great pleasure to myself and I hope entirely to his satisfaction.

My Lords I know my conduct to be blameless and my Enemys vile
and implacable in their designs to blast my honour and reputation, and if
I know any person in Hanover Sc^uare or elsewhere should espouse them,
I shall not lx» afraid to call him to an account but when I am assured to
the contrary no j)erson can more openly acknowledge his mistake.

I hojie your Loitlships will receive this as a very sincere and satisfac-
tory answer and will please to be assured that no Person (!an have a greater
respect for your Ijordsliips and every Member of your Board which I
shall on all occasions demonstrate and doubt not of your esteem & favour-
able rec»eption of everything I lay before You, and hope my Representa-
tion of the state of this Country and the ac»count of things here formerly
presented to your Ijordshijis have had your approbation

I have now the honour to transmit your Lordships Drafts of Beaufort
and Ocacock Harbours in this Province that of Cape Fear River sent
some time past I hoi)e you like.

Next month I design to send your Lordships a further state of the
Colony and the Council Journals to that time which I hope will give
much satisfaction.

I had agreed to give ten Guineas for a Map of the Country which was
drawn for me but is sent as I am told a present to Coll : Bladen which is
l)etter then if I had pay'd for it lieing at this time very Poor

I am

With due res|K»(!t
Your Ijoixlships
Most humble
and most oliedient servant

GEO. BURRINGTON.

COLONIAL RECORDS. 373

[B. P. R. O. Am: A W. Ind: No. 592.]

MEMORIAL OF GOV BURRINGTON 15 NOV. 1732.

To His Grace the Duke of New Castle Principal Secretary of State.
The Memorial of George Biirrington Governor of North Carolina.

Herein humbly begs to lay l)efore your Grace, the great injuries done
him by William Smith Esq" late Chief Justice of this Province and his
Confederates, who nefariously inverted several matters very false and
sc^andalous against him with design to mine and destroy his reputation
and procure his Dismission from the post in which he has the Honour to
serve his Maje?rt;y That to com pleat their intende<l wicked projection the
said Smith did deliver a Petition to the King consisting of several Arti-
cles containing heinous Crimes set forth to l)e committed by your Memo-
rialist and many Omissions, and great neglects of his duty charged on
him, an Office Copy of that Petition was brought into this Country in
the month of May last, your Memorialist having read the same was
induced in Vindication of his Character to draw up a hasty answer:
several Gentlemen Voluntarily (in Council) upon their Oaths proved the
falseness of Smiths accusations which answer and depositions were sent
to England in the same Month to be laid before your Grace.

It is not supposed Smith and his Accomplices will attempt to prove
their assertions, knowing the whole to be only invented, they expected
those complaints would be credited and my mine compleated by means
of a great Interest they boasted to have in England : it was industri-
ously reported throughout this Country, and by many believed I should
he turned out of my present Imployment when any complaints were
lodged against me.

Notwithstanding one year is past since M' Smith obtained an Order of
Council for examining of Witnesses, in order to prove his all^ations,
yet nothing has l)een done in the matter on his side, for that reason
your Grace is humbly prayed to prefix a time for him to make out and
prove the Charge, or on failure thereof he may suffer according to his
demerits.

May it please your Grace

With truth I aver it was oweing to the faults of some men that had
the Kings Commissions, the Assembly I held in this Country would do
no business, many of the then Members have since owned it and expressed

;574 CX)LONlAL RECX3RDS.

their concern for suffering themselves to Ik? misled I was unliappyly
deserte<l by tlie Persons His Majesty appointed to assist in the adminis-
tration, liad an un(K>nimon task to perform in this Government, which
from the beginning continued loose and disorderly under tlie taint rule
of the Ia>tx\s Proprietors, and came to nothing under Sir Richard Everanl
their last Governor, who was sunk to so low a degree as to be c»ontempt-
ible and the Government with him.

Quit Rents Publick Levis and OflBcers Fens were paid in Province
Bills at Par: they are of so little Value that to be paid in such manner
Men in OfBcies could not live by their places for which reason pursuant
to His Majesties 19*** Instruction thai Fees should be paid in Proclama-
tion money the Officers received their dues in Bills, four for one, which
is the Rate they were issued at and to be received in payments, in resj)ect
to Silver Money except in discharge of Publick Levies and Officers Fees,
but these Bills are little more than half the Value rate<l at, extraordinary
endeavours were usetl with the People to persuade them this was a griev-
oiLs impasition and burthen and is made by Smith a tause of Complaint
tho himself and some others his Associates in this Clamour always took
their Fees in Bills at four for one and encouraged the inferior Officers
to do the Same — for my own part the little inconsiderable perquisites
accrueing to me as Goveniour I offereil to give up entirely to the Assem-
bly all this is proved by some depositions in support of my answer to
Smiths Calumnies.

The said Smith, M' Rice the Secretary and Montgomery the Attorney
General have not assisted me as the duty of tlieir places requireil but
contrary thereunto, invent and foment all things they believe may prove
prejudicial to the Authority of Government and cause uneasiness to
myself.

The Inhabitants have been greatly solicited to to raise money by 6ub-
sc»ription for M' Ashe one of the Council to go home and manage against
me but the People would not be drawn into so great a folly declaring
throughout the whole Province their Satisfaction on my conduct and
gratitude for the services I had done them, when formerly Governour for
the Proprietors and since (by your Graces favour) honoured with the
Kings Commission: I cease enlarging on this Subject, designing in a
future Pa|)er to trouble your Grace with the exact state of this Province,
and how much I have promoted the Welfare thereof at my own ex pence
it is now in a quiet onlerly State and flourishing condition.

COLONIAL RECORDS. 375

May it pleask Yorii Grack

I liave served the crown in every reign since the Abdication of King
James, & always was allowed to behave as became a Man of Honour,
and the Family whose name I bear; their Services at the Revolution
and during the life of King William of glorious memory I hope are
not vet in Oblivion.

My Lord DrKK

When my Proceedings have been considered I make no doubt but
that your Grace will grant I have acted with Zeal and Difigence for his
Majesties Service justly and honestly upon all (K»cu^ions in the Adminis-
tration of this troublesome unprofitable Government Therefore your
Graeme is most humbly recjuested to give such orders as may efTei*tually
set in a true light the actions of your Memorialist, and his Accusers

Bv

Mv liord Duke
vour Graces
most obedient

and most devoted servant

GEO: BURRINGTON
North Carolina the lo*** of Novemlier 1732.

[B. P. R. (). B. T. North Carolina. Vol. 9. A. 26. 27 and 28 ]

RICE, MONTGOMERY AND ASHE vs. BURRINGTON.

To the Right Honourable the Lords Comissioners for Trade & Planta-
tions.

The Humble Memorial of Nathaniel Ric»e Sec'^ & John Baptiste Ashe
Esq" Two of His Majesty's Council and John Montgomery Es<i"
Attorney Gen* and Deputy Inspector and Com|)troller Gen' of the
afors** Province.

May it please W L()RI>shii*s

VV"e sometime since sent to your Lordships a Memorial, or Remon-
strance against several illegal and unwarrantable Actions of George Bur-
rington Esc^", Governor of this Province, which we thought it our duty
to do, for that we plainly perceived the Governor used many Arts to

:376 COrX)NIAL RECORDS.

prevent a true state of the Case of the Province being exhibited to yo'
Lordships. The same reasons still continueing, and the Governor pro-
ceeding on to still more extravagant Actions, we beg we may not offend
your Lordships, in presenting this Additional Memorial; & we hope we
shall be more readily excused, in that we are now forced to fly to your
Lordships for Protection, for so great is the wrath and malice, which he
has conceived against us, for opposing him in what mc thought Arbitrary,
Illegal & destructive to the King's lntere^^, that he sticks at nothing to
crush & r\un Us, as well as others who submit not to his violent & arbi-
trary Acts & Measures.

P' In our last we observed to yo' Lordships that the then Chief Jus-
tice and the rest of the Judges of the General Court, had fallen under
the Governor's high displeasure for acting pursuant to the King's In-
structions concerning the Habeas Corpus Act, as became them in relation
to his illegal Commitment of M' Moseley, (tho' they were scarce ever
l)efore known to oppose his Will :) the Consequence of which has been :
the Chief Justice has been so threatened that he has resigned, and the
Assistants without any such Ceremony or indeed so much as a Charge or
Accusation being exhibited against them, have been Arbitrarily removed ;
directly contrary to His Majesty's 44'** Instruction to the Gov', which
expressly forbids the displacing or arbitrary removal of Justices without
(»use: and this he proceeded to do with only two of the Council, vizt
M' Lovick & M' Gale (one of which had l^een introduced into the Coun-
cil contrary to His Majesty's 7^** Instruction, there having been then
seven in the Governm*,) except the Surveyor General of the Customs, a
Stranger and just arrived in the Province when a full Council was at
the same time sumon'd, and did meet Time enough to have appointed a
Chief Justice & Assistant to have Transacted the Business of the Court :
But the Gov' revolving in his mind what Desiens he had to execute
found it necessary to displace them, to make room for Instruments more
proper for his purpose, as well as to be Examples of his Vengeance on
Judges not entirely subservient to his will. Accordingly displacing them
he put others fitter for his Designs in their Places; viz* William Little
Esq", Ch : Justice Roger Moor, M' Owen Jn° Worley, M'roro, Scar-
boro', all these (except Rog. Moor, who he was sure would never qualify
or attend, and M' Owen a very weak <fe ignorant man) of bad (not to
say infamous) Character. The Chief Justice is a Person against whom
the whole Province (as it were) has exclaimed for his unjust, illegal and
Fraudulent Practices. He has been publickly accused by Assemblys of
this Province of Bribery, Extortion and other great Crimes, of which he

COLONIAL RE(X)RD8. 377

has never acquitted himself. He is now under accusations of Fraud and
Injuries done both to the King & Subject. Many are the Cora pi** of
Multitudes of People against him for many ill^al Acts and violent
Oppressions both in his private Capacity, and when he has acted as an
Officer. It is no wonder that a Person so obnoxious to Justice in hopes
of being sheltered by the Gov* therefrom (as indeed he is) should l)eoome
entirely subservient to him, and obedient to his Dictates and Comands.

Of a Court consisting of Persons so entirely devoted to him, most
People dread the Consequences ; and the next Article (which is M' Ashe's
Case) will be an instance how much reason they have so to do,

2"*^ The (Jovernor when he was last at Cape Fair, it being about the
middle of Sept' last, sent his servants, & with a violent hand took up
and drove away two Mares of M' Ashe's, branding them with his own
Brand. M' Ashe coming into Court the last of October (there being a
great Concourse of People at the Court) declined moving in the Aflfair,
till the last of the Court, when the Multitude were gone, that it might
plainly appear he had not the least design to irritate the People; and
then in the Council Chamber before the breaking up of the Council
(none but the Governor and Council lieing present) he in the humblest
manner addressed himself to the Gov' telling him that he was well in-
formed his Ex(«ll^'' Servants had by his Orders taken up two of his
Mares and branded them ; that he thought it advisable to apply himself
to his Excell^ on the Occasion, and to pray him to restore them : The
Gov' flew into a violent passion, and using much scurrilous & reproach-
ful I^anguage to the s* Ashe, came up with his face close to M' Ashe's
& shaking his head at him in a jeering taunting tone & manner called
him (repeating the words often) pretty fellow, very pretty fellow ! threat-
ening at the same time to take some of his Negro Slaves. M' Ashe
mildly answered he was Gov' and might say what he pleased, that
he would not be provoked to return his ill Language; but that he
hoped his Excell' would not be olTended (since he had refused to restore
the Mares) if he sought his right by a Course of Law. The Gov-
ernor answered No he might go to I^aw & welcome: Whereupon M'
Ashe the next day filed an Information in the General Court on an Act
of Assembly of this Province giving Relief in such cases; and this
methodly Information he the rather chose, liecause it would not touch or
effect the Governor's Person, the original leading Process here otherwise
being generally by Capias. Some time aft«r this (M' Ashe being absent)
the Governor came into Court and calling for the Information read it
& used much reproachful I^anguage to M' Ash's Council. The next
48

378 COLONIAL RECX)RDS.

day M' Ashe appeared again and the matter was debated in Court ;
Whereupon the Court gave it as their opinion that such suits could not
be brought against a Gov' in the Plantation but must be brought at home
in England, agreable (as they alledged) to the Statute of XI and XII
W. III. Cap. XII. for such was the Exposition of that statute. We
think we may be allowed to assert that this Judgment is most prejx)ster-
ous and extravagant, when we shall have shown how great absurdities
attend it. It is plain that law was designed for relief of the Inhabitants
of the Plantations against Govern" comitting great Crimes & Offences,
giving Power to try Causes in England which before with respect to
locality or other Circumstances (it might be disputable) were not cog-
nizable in the Courts there; or where it might be thought that a Gov'
in Consideration of the Great Power wherewith he was invested, should
deter or prevent People from seeking their Right. But does it from
thence follow that Govern" are exempt from answering for Torts or
Injuries done in the Plantations, anywhere but in England. Surely the
Lawgivers by that Statute never designed to screen Gov'' from Persecu-
tions, or to prevent suits for small Trespasses where the i>arty injured
would venture to try his cause in the Plantations : To say so were to say
Gov'' were to answer in England for great oppressions, but that if they
would confine themselves to smaller trespasses or Injuries that Statute
was a Dispensation for them ; & as in this Case of M' Ashe, the damages
he sues for are not above £15 sterl : it is not worth his while to sue in
England to recover them, where he would be i>erhaps at the Expence
of £200 sterl : before he could recover : he had l)etter sit down with the
first Lass ; and so the Gov' may go on to take by violence a horse from
one, a cow fnmi another, and as he shall think proper, whatever other
small matters or things he wants from others; and this Statute instead of
relieving the People would be a bar to it, and support such Governor in
his oppressions should he proceed (being warranted by such a judgement)
to lay the whole Country under (as it were) a Contribution.

The obtaining such a Judgm* in his favour one would have thought
might have contented the Governor for that time, but matters were so con-
certed between him and his Justices that imediately on M' Ashe's coming
out of Court, he was apprehended by a Warrant (ready prepared) from
Judge Owen, for publishing a scurrilous Libel, such was his information
stiled ; (tho' all manner of Scurrility or even Termes Aggravating the
Offence, were carefully avoided therein) and was carryed before the Gov'
and Judge Owen (tho' M' Ashe desired to be carryed before the Chief
Justice who better understood the Law, but was denyed ;) the Gov'
directing the Judge to demand of him One Thousand Pound sterl : Bail

(X)LONIAL RECORDS. 379

for himself, and five hundred each of his securities, to appear at March
Court tlien next following, to Answer. The Judge took the words from
. the Governor's mouth, and repeating them, demanded the same Bail,
without ever examining into the Cause of Comitm*: M' Ashe refused to
comply with so unreasouable a Demand ; whereupon he was orderwl
away, and imediately carryed to the Comon stinking Goal, and thrust in
among the comon Criminals, by virtue of a Mittimus (i-eady prepared
t(K),) from the s"* Judge Owen, there to continue till he complyed with
that Demand, it being a Condition in the Precept and what rendered it
illegal, M' Ashe |>etitioned the Chief Justice for a Habeas Corpus, and
after lying sometime in Prison, (viz* about four hours, during which
time the Chief Justice had been with the Governor) he was brought
before the Chief Justice, who refuseil to examine into the Ic^lity of the
Cause of Comitment, (altho' the King by his Instructions, and the Ha-
beas Corpus Act itself directtnl it;) for he well knew no person was pun-
ishable for seeking a Remedy by I^aw for any Injury he <»nceiveil done
him; and indeeil there is great reason to believe that it was purposely
contrived, that M' Owen should do this drudgery (which could not well
have l)een done by one that knew better) with a view of engaging Com'
Walker (whose nephew M' Owen is) to use his Interest for his Nephew's
sake to support so illegal and arbitrary an Act M' Little therefore denyed
enquiring into the Cause of Comitm* alledging it was already done by One
of the Judges and only mitigated the Bail, taking the one half of what
was before demanded. As it is plain (having Justice so devoted to him)
he design's M' Ashe's ruin, and as it is very notorious that M' Ashe has
incurr'd all this his hatred and Malice, for only op}K>sing him in his
many illegal Acts; More especially in his Breach and Contempt of the
King^s Instructions relating to his Arbitrary and undue disposal of the
King's Lands; he begs leave to throw himself under yo' Lordships
protection; desiring nevertheless no favour if it shall appear upon a due
and impartial Examination, that he has acted otherwise than as he was,
(Ixjing one of his Majesty's Council,) in duty bound ; or than according
to I>aw ; or than as bet^ame an honest man. And what necessitates him
in this manner to hqj^ yo" Lordships prote<.»tion is, that the Governor,
(notwithstanding the Judgm' of Court refers him to Great Britain for
relief) has taken an Effectual method by holding him so long a time (&
no doubt it will 1k' continued, if thought ne(.^»ssary,) under such Bail to
prevent his prosecuting that Affair, as well as appearing as an Agent for
the Country, most of the principal Inhabitants (for want of an Assem-
bly,) having desired and Impowered him so to do, and to Represent their
Grievances.

380 COLONIAL RECORDS.

The Gov' having Exhibited a Charge in Council, against M' Mont-
gomery Attorney Gen" of this Province, he was comanded to answer by
the 31st day of October last; in obedience thereto he filed his answer
upon the day api)ointed. The Council thereupon proceeded to a hearing
of that Affair; and the charge and answer thereto being read, a witness
was examined, and an Affidavit read in support of the cliarge; and the
next day appointed for M' Montgomery to produce his witnesses, and for
reading several Depositions, (sworn before the Governor,) in his Defence.
But his Excell^ perceiving his innocence upon every Article would
plainly appear, and that the Council, (tho' that the Majority were his
creatures,) would not be prevailed upon to do so manifest an Act of In-
jiLstice, as to suspend him; he drop'd the Prosecution and abruptly broke
up the Council, by which means tlie Attorney Gen" had no opportunity
of having his witnesses examined, or Proofs read in Council. And his
Excell' being resolved to make use of every method, he thinks may either
ruin or injure M' Montgomery, has caused the Charge with the Deposi-
tions taken against him to be inserted in the Council Journal to be sent
home, (without inserting the Answer thereto,) in hopes that a Charge
being seen therein by His Majesties Ministers, and no Answer thereto,
they would believe he hatl submitted, or could make no Defence to the
Charge.

We are sorry to say this is his Method of proceeding in almost every
Case that comes before the Council ; & so far is he from being ashamed
of such Practices, that he values himself upon them, as instances of his
great abilities in Politicks, and the Arts of Govemm*

^thiy 'pj^g Govern' has, (on pretext of some former old Precedents in
this Province, of the Governor & Council appointing Precincts, where
no Precincts before were, (the l^ality of which, more especially of late
years, has been by the Assemblys deny'd;) proceeded with the advice
& consent of such of the Council as are of his own Appointment, &
never oppose his schemes, be they ever so absurd, to divide old Precincts
estaV>lished by Law, & to enact new Ones in Places, whereby his Arts he
has endeavoured to prepossess People in a future election acciording to
his desire, his Designs herein being (as we verily Ixjlieve) either to
endeavour by his means to get a Majority of his creatures in the Lower
House, to support him in his arbitrary measures; or if he should fail
therein, (as it is more than prol>able he will) that this should be a stumb-
ling Block, to prevent the Assembly's proceeding to busyness he being
well assured from what has passed in former Assemblies, that the Assem-
bly would object against such an invasion of their Priviledges, in so
momentous a point as that of their Constitution, the first thing they

COLONIAL RECORDS. 381

should do after their meeting ; and so perhaps break up without pro-
ceeding so far as to move in Matters which (it is to be thought) he is wil-
ling should not be heard of or represented elsewhere. For we are well
assured that he has ernestly promoted such Petitions, (even forming and
writing some of them himself,) where there was no Necessity for such
Precincts on the contrary some have not above thirty families inhabit-
ing them, and can s(»rc« make out a sufficient number of People for Jus-
ti(«s and Jury. These Considerations moved M' Rice & M" Ashe to
off'er in Council Objections and Reasons against this Method, which (as
we have much reason to suspect,) he will not suffer to be entered in the
C-ouncil Journal, to be transmitted to your I^)rdshij)s ; We l)eg leave
(having enclosed a Copy thereof,) to offer the same to your Jjonlships
Consideration.

fjthiy jj^ takes occasion at Publick Meetings of People, as at Courts,
or the like, before great Audiences, of reflecting on, abusing, reviling, x
detracting and defaming Gentlemen without any regard to Truth; some-
times when they are present, at others when they arc absent and cannot
speak in their own Vindication, on purpose to injure them in the opinion
of the People. Such is the Case of M' Moseley, M' Ashe, M' Mont-
gomery, M' Swan etc. Tho' this Matter otherwise than as it is incon-
sistant with good-manners, ill becoming the Governor of a Province, and
very ungrateful and provoking to the Parties, is scarce worth the Rep-
resenting. For we assure your Lordships he is now so notoriously known
to have no respect to Truth, that no man suffers in his character from
any defamatory Report of his, let it relate either to Gentlemen in Great
Britain, or in tliis Province.

6"*'^ Sincje our last Remonstrance to your Lordships, notwithstanding
our frequent Applications to him, and objections against his arbitrary
Disposal of the Kings I^nds, he has solely proceeded to issue many
hundred Warrants in undue Proportions, taking to himself two and
sixpence in silver or gold Virginia Currency, for every 50 Acres. And
this last Gen" Court tho' the Council unanimously gave it as their opin-
ion that Warrants ought to l>e issued pursuant to his Ma*^* Instructions,
& not otherwise; yet he declared his Resolution notwithstanding to pur-
sue his usual Meth(Hl which he j)erceiving M' Rn^e and M' Ashe designed
to protest against, abruptly broke up the Council, not meeting them
afterwartls during that Court or Term; so that they were obliged to file
the enclosed Protest by way of Caveat in the Secretary's office, to prevent
(if possible) any more warrants issuing in such an arbitrary manner, and
so the Consequences which would attend or ensue on such a Practice;
viz* either the defeating the King's Intent of seating the uninhabited

382 COLONIAL RECORDS.

parts of this Province, or very great injuries to the Purchasers of such
warrants, if His Majesty should not approve of them.

This so highly provoked him that it is believed to he one of the Prin-
cipal motives of his violent PnxtHxlings against M" Ashe, purposing it is
to be feared, (if passible) t^) crush and ruin him, bc*fore he (an Ixj relieved
by, or shelter himself under yo' Ld^* (and by yo" Ixl** means His Afa^*")
Protection : As also of his grossly abusing M' Riw, he having used to
him very scurrilous I^anguage. X Copy of the afor** Pn)test & Caveat,
we send herewith Uy your Ld^*, w** he would not rec(»ive when oifered to
1x5 given him by the Dep: Sec^, who informed him of the (x>ntents but he
pro(«eds still to issue warrants in the same manner to the Pun*hasers, let
the quality be ever so large, or disproportionate to the Rule prt^crilKnl by
His Ma*^ He uses many Wiles & Artifices to asperse Gentlemen & to
blacken their Characters, at the same time endeavouring to impose by his
Misrepresentations on tlie Ministry, particularly by exhibiting chargt»s
ag* them in the Council Journal, & when they answer, stifling their
answers, or making answers for them, as best suits his purposes; as will
be apparent from some inclased Answer's of M' Montgomery, Col. Mose-
ley, & Col: Moore; which are true & genuine answers by them made,
tho' by him either wholly suppressed or altered ; which will be evident
by comparing them with the Council Journals, a very vile & wicked
Practice. We give those Instances which now occur, as a specimen, out
of many of the same Nature which (but that it would be too tedious)
might be added. Now we have great r(X)m to believe (Nay in some cases
we are assured) that he has used us in the same manner, and has en-
deavoured to blacken our Charac^tcrs to the utmost of his Powxt. We
therefore (afler having assured yo' Ld^ that we have acted in our several
stations as we w^ere bound by the Ties of Duty to our Sovereign Lord
the King, & the dictates of honour & conscience, l)cg your Ijordships
before you shall give ear to any false suggestions of his to our discredit
or Prejudice, that we may be informed of them; so as to have an oppor-
tunity of vindicating ourselves from such as|)ersions; And we doubt not
but your Lordships will pronounce us quite other men, than (it is highly
probable) he has represented us to be.

We are with the most profound respirct,

May it please Your Lonlships,

Your Lordshi{)s most obedient

humble servants.

NATH: RICE.

JN^ BAPT: ASHE.

JOHN MONTGOMERY.
November the IT^ 1732.

COTX>NIAL RECORDS. 383

To His Excellency the Govern' in Council

Nathaniel Rice and John Bapt* Ashe Esq" Two of His Majesty's
Council humbly shew

That His Ex"^ the Governor hath issued out and given a very great
Number of Warrants for Lands to sundry Persons, in undue and large
Quantities, not observing the Rule of Proportion prescribed by His
Majestys, of granting Lands by and with the Advice and Consent of
the Council, viz* of fifty Acres only for every Person in the Grantee's
Family, For all w'** Lands mentioned in those Warrants the Govern'
hath taken for every fifty Acres the Sum of two shill' and six Pence
Virginia Currency in Silver or Gold : Wherefore We think Our Selves
obliged, out of a due Sense of our Duty to his Most sacred Majesty to
object against the same; And We do hereby humbly pray his Excel-
lency that he would be pleased strictly to pursue his Majesty's Instruc-
tions to him in that behalf given ; And that no Warrants may issue but
to such Persons & in such Proportions as shall be agreeable to His Maj-
estys said Instructions

We conceive Ourselves the more under a Necessity of thus humbly
remonstrating this Matter to Your Ex"^ for that (if this Method should
be disallowed by the King) it may hereaft/cr very much injure such Peo-
ple as have paid their Moneys for such Lands ; but more especially for
that it is not agreeable, but contrary to his Majesty's Instruction to Your
Ex*' on that behalf which to his Majestys Council has by Yo' Excell'
been exhibited and shown

Reasons and Objections made and humbly offer'd in Council by Nath
Rice and Jn** Bap" Ashe two of His Ma*'" Council to the Govern' &
Council against the dividing Precincts and erecting New Ones by the
Gov' & Council alone without the Concurrence and Assent of the
Assembly.

!•* As every Precinct is to send a certain Number of Representatives
to the lower House of Assembly, such a Method may be destructive of
and subvert the present Constitution of the Legislature; which as it
consists of an upper & lower House whose Powers and Privileges are
separate & distinct they ought in such Points to be independent either
of the other; more especially in so fundamental a one as is this of Repre-
sentation For it stands to Reason that if a Power of altering the Form
of Representation either by adding to, or diminishing the Number of
Representatives, or by causing an unequal Representation be lodged in
the Persons of whom the upper House consists ; that then the Lower

384 COIX)NIAL RECORDS.

House is dejiendont on and owes it's being, at least the form thereof
(which is in effect the same) to the upper House; by whidi means the
upper will be solely, (as it were) the whole liegislature. As for instance
suppose the Gov" and three of the Council on an Emergency to meet
(We speak this by way of Supposition and for Argura* sake) and thinjc
it proj)er to divide a Precinct, whose Inhabitants for some particular
Ends may be at such Governour's & Council Devotion) into ten Pre-
cincts; will not by this mean a Majority be obtained in the Ix)wer
House.

2. It is absurd to suppase that a Power of the part should be greater
than or indeed equal to that of the whole Now as the Constitution of the
Legislature must be antecedent to any Act thereof, it cannot be depend-
ent on any such Act, much less on an Act of part'; as indeed by this
Method it would, in that the whole I^egislature would owe its Being (at
least the form thereof w** as We observed before is in effect the same) to
the upper House ; And this amongst others, We take to be the Reason,
that the Ijegislature of Great Britain avoid (tho' many are there the In-
conveniences ensuing from unequal Representation) endeavouring to rem-
edy them, or touching on so tender and constitutional a Point.

3. Another Consequence of such a Method extremely absurd will be
this : An Order of Gov' & Council only will have force to supersede repeal
and annull a Law: For if by Ijaw a Precinct is limited & circumscribed
by certain Bounds and by an Order of Gov' and Council those Bounds
are altered or taken away and new ones prescribed, is not this in effect
repealing such Law ?

4. We conceive such Busyness, as it relates to the Constitution of the
L^islature, most properly to lie before the Governour Council and Repre-
sentatives of the People in General Assembly; and as it is to lye pre-
sumed they are the most cx)mpetent Judges when such Precincts shall be
necessary so it is that they will readily concur in erecting new ones,
when they shall be so judged to be for the good of the public and Bene-
fit of a competent number of Inhabitants

5. We are of opinion that this method of erecting Precincts, is not
only illegal and may be attended with many evil consequences; but is
also not warranted by his Majesty's Royal Instructions which forbids
erecting new Judicatories without His Majestys Licenc«. Now by this
Method new Judicatories will Ix; erected. But if it were done by an Act
of Assembly at the Prayer of the Representatives of the People the
same would regularly come before His Majesty for His Allowance or
Dissent.

a^LONIAL RECORDS. 885

6. We are the more Confirmed in this Onr Opinion of the Illegality
of doing it without the Consent of the Representatives of the People in
General Assembly, from the General Practice of the Neighbouring Gov-
ernments more particularly Virginia where many Precedents appear in
their printed I^aws of such Busyness being done by their Gov' Coun-
cil and Assembly And We are apt to believe our Gracious King (for we
pretend not in the least to deny or even so much as to dispute the
Royal Prerogative has given as full Powers to the Gt)vern' and Coimcil
of Virginia as to the Govern' & Council of this Province Nor can We
think it the pleasure of Our most gracious Sovereign (who on all Occa-
sions has shown so tender a Regard to us his People that the Constitu-
tion of the Legislature of the Province should be on a more precarious
establishm^ than that of others.

On Argument in the last Council His Excellency the Govern' seem-
ing to have taken a Resolution to pass Warrants as before he had done
which Method We humbly objected against in Council and prepared the
foregoing Paper designing to have preferred it in Council; but the
Council breaking up unexpectedly We were prevented putting it in
But now finding that his Exc^ll^ still continues to isvsue Warrants for
Lands in undue Proportions & (contrary (as we conceive) to the Kings
Instructions We think it our Duty to file this bv way of Caution to
the SecTetary's Office; requiring and desireing the Deputy Secretary to
prefer the same to his Excell' before he (the Dep Sec''^) sulxsign or make
out any more Warrants Humbly praying his Excell' that if he shall
think w* we object reasonable he would be pleased to have Resi)ect there-
unto.

(Endorsed)"

North Carolina
Com pi* of M' Rice and M' Ashe against the Gov' for granting too
large Tracts of I^nd and dividing of Precincts.

North Carolina — Sc*

October Gen* Court or Term 1732

To the Chief Justice, and Assistant Justice of the Gen* Court of the
said Province, Justice of our Lord the King of his Bench

Be it remembered that John Baptista Ashe comes here into Court y*
31'* day of October the same Form in his proper person, and exhibits to
the Justices here a certain information against George Burrington of
49

386 CX)LONIAI. RECORDS,

North Carolina Esq' Governor &" at present of the said Province: The
tenour of which said Informacon follows in these words:

To the Chief Justice, and Assistant Justices of the Gen* Court &* Jus-
tices of our Lord and King of his Bench &• North Carolina Sc* Be it
remembered that John Baptista Ashe who for himself as owner as well
as Informer or he that sues in this behalf prosecutor comes here into
Court y* 31"* day of October the same Term in his proper person and
for himself as owner as well as prosecutor, or he that sueth, gives the
Court here to understand & be informed That George Burrington Esq"
of Nortl) Carolina present Governour of the s* Province at the Precinct
of New Hanover in the said Province on y* 1 5^ day of Sep* in this
instant & Year, Did take up, and drive, or did <'ause to be taken up, and
driven to the s** George Burrington Es<i" & his plantation in the afbres*
precinct two large black mares, viz* one about the age of nine years of
the piece or value of fourty pounds, the other about two and a half years
old of the price or value of fifty pounds, which said mares were not
properly his own, but were properly the mares of the plaintiff, or In-
formant, and the aforesaid two man« he did also then & there misbrand,
or did cause to he misbrandwl, by branding them with a brand not the
brand of the P** against the Statute or act of Assembly of this Province
in the like case published and provided : Whcivupon the said John Bap-
tista Ashe for himself as prcKsecutor or he that sueth, as well as owner
prays the AdviscMnent of the Court in the premises; And that theafores"*
George Burrington Es<i" &v may be lawfully therei»f Convicted, and for
his oiFence may forfeit the value of the said mares & twenty pounds, that
is to say ten pounds for each mare over and ab<.)vc the value of each of the
said mares: And that the aforesaid John Baptista Ashe the forfiturc*
aforesaid may have to himself Ixjing as well owner as he that sueth for
the same, according to the form of the Statute or Act of Assembly of this
provinw aforesd And that the aforesaid George Burrington Esq" &c mav
come hereinto Court to answer in and upon the premises &""

JN" ASHE F* or Inform*

Rich? Rc)e } P'^S^ *"

Whereupon : David Osheal Gen* Attorney in l)ehalf of his Excellency
Geoi^e Burrington Esq' Governor Comes into Court & prays the Advise-
ment of the Court upon the Infermacon and prostrution of John Bap-
tista Ashe against him, whether they will receive the same, for that he
sayeth the said George Burrington Eisci" then was and still is his Majes-
tvs Lieutenant of s* province & Governour in C^heif Chancellor and

COLONIAL RECORDS. 387

Supreme Magistrate within y* same and is not to be drawn or compelled

in this Court in manner aforesd to answer for any Crime or Offence, and

further tlie said Attorney in behalf of his Excellency George Burring-

ton siiith and avers that the said mares mentioned in s* prosecution are

and then were bona fide the property of the said George Burrington

Esq" and that as Attorney to him & by his immediate orders the s*

David Osheal will Consent to a rule in behalf of the said Governor

Burrington, that he will receive a declaration from the said Ashe in

Trespass, Detinue Trover or otherwise, and plead thereto so or to try

the Title & property at I^w. But prays this prosecution being scandalous

& what this Court can not compell the Gov' to answer to n>ay be dis-

mist.

D O'SHEAL

Then Jno Bapta Ashe aforesd comes into Court and objecting against
a certain paper put or pretended to be put in & preferred to this Court
by David Osheal Gen' Attorney in behalf of his Excell"^ George Bur-
rington Esq'* Gov' &c (against whom an informacon had been exhibited
by the said Ashe) prays that the same may not be received, for that it is
irregular illegal & contrary to the practice of this Court And he offereth
these reasons to shew why the said paper ought not to be received but to
be rejected.

]•* The said paper seems to be in the nature of a plea to the jurisdic-
tion of the Court or of a plea of privilege: in both which cases there
are (certain direct and I^al pleas, which ought to have- been pleaded (if
such were the Case) according to the practise and rules of this Court and
not thus ambiguously uncertainly and Contrary to the practice of all
Courts of Law.

2^ By way (as it were) of privilege he the said George Burrington
Esq'* &c by his Attorney aforesd assumes a title which I humbly con-
ceive is not conferred on him by his Majesty Viz* that of his Majestys
Lieutenant of the s** Province Neither does he shew how or in what
manner he is entituled to privil^e or an exemption from Suite in this
his Majestys supreme Court of Comon Law in this Govern' in which if
the P' (xinnot have relief, or exhibit this his Suite, he conceives himself
to be without remedy.

.jdijr "pIj^ pet jj^ surprised that his Excellency his learned Council should
trifle so egregiously with this Hon"* Court and the P* as to pretend to
offer to consent to a rule of receiving a declaracon from the P^ in an
Action of a different nature of his own proposeing forreign to the pur-
pose viz* to try the title and property at Law whereas the P* sues not

388 COLONIAL RECORDS.

cr

s =•

for the mares, but for damages (accruing from a sort or injury done)
given him by the Law ; in which Case it behoved him to have shewn
that the Govern' was excepted out of or exempt from the force of such
Law and not bound by it, Or at least that the Informant had no remedy
by means or force of the said Law against his Excellency in this Hon"'
Court.

The learned Gent might as well urge, should a Govern' think
fit to cut off a persons earr or nose & such person should pro-
ceed to cause him to be prosecuted on the Statute against maim-
ing &c y* the prosecution was scandalous &c and what this Court
(X)uld not compel such Govern'' to answer to; and offer to receive
a declaracon from the party injured in Trespass detinue Trevor
^ Ac to try the title & property at I^aw to his Ears and nose
^thiy 'pjj^ j>«t jg iiuuibly of opinion, that this action well lies in this
Court in that it is by Informacon avoiding any scandalous or approbre-
ious expressions and the penalty is pecuniary without any attack or
Copies to be Executeil or served on his Excel lencys i)ersons.

Lastly The P* is well aware that this way of giving in such argu-
mentative papers is not agreeable to the ancient practice of this Court
and thinks he ought to have demurred to the paper put in by M' Osheal
as to an insufficient pleas; but this Hon"* Court seeming yesterday to l)e
of a different opinion having received and read the said paper but not
at a plea. He hopes and huiubly prays that his answering in the same
manner mav not be offensive to this Hon"* Court; And that his Action
may be received ; and that he may have relief acconling to the advise-
ment of this Hono"* Court in this his Majcstys Supreme Court of Comon
Law in this Province : But if this Hon"* Court shall be of a different
opinion he humbly prays their further advisement.

Thereupon the Court proceeded to y* following Judgement.

North Carolixa — ss.

At a Gen* Court of Sessions of the peace Court of Assize and Gen*

Goal delivery begun and held at Edenton for the said Province on the

last Tuesday in CX*t 1732 & by adjournments continued to the 16*** day

of Nov*^ 1732

Before.

William Little Esq- Chief Justice

^f C3 I u /- Esq" Justices s* Court

Macrora Scarborough j *

David Osheal Esq** Gen* Attorney for his Excell^ George Burrington

Esq'* Gov' pray'd leave to amend exceptions he had put into the Infor-

COLONIAL RECORDS. 389

niaoon of Johu Baptista Ashe exhibited to this Court against the said
Govern' which was granted by the Court, and the same was amended
and read ; And thereupon John Baptista Ashe put in a replicacon or
exception thereunto, which was read and the matter I)eing duly argued,
and fully heard, and by the Court here considered upon and the advise-
ment thereof desired ; It is the unanimous opinion of the said Court
that the said Information Ixjing a prosecution against the said George
Burrington Esq" now Governor here for a Crime or offence alledged to
l)e done by him whilst Governor which by Act or Parliament is ordained
else where to be heard & determined, and for that the said Court cannot
com pell the said Governor here to appear or answer thereto they cannot
hear & determine the same & will not proceeil in Judgement thereon.

North Carolina — ss.

George the Secxind by the Grace of GikI of Great Britain France &
Ireland King Defender of the faith &c

To the provost Marshall or his Deputy Greeting.

We (command you that you have the Ixnly of John Bap** Ashe Esq"
in our Goal at Edenton unlawfully detained as he sayeth, l>efore William
Settle Esq" our Chief Justice together with the Cause of his Commitment
to do & receive as our said Chief Justice together with the Cause of his
Commitment to do and receive as our said Chief Justice shall in that
part Consider and have you there this writ

Witness William Little Esq" Chief Justice at Edenton this 10*^ day

of November 1732

WILLIAM LITTLE Ch : Justice
A True Copy

^ WILLIAM MACKY D M.

North Carolina — ss.

On Complaint of His Excellency George Burrington Esq" Govern' &
Capt. General: of this Province, that John Baptista Ashe Esq" on or
about the tenth day of this Instant November in this present year of our
I/)rd Christ one thousand seven hundred & thirty two did write & pub-
lish certain Scuirrilous Libells to defame the said Governor against the
I>eace of His Majesty that now is, and the Statutes or Acts of Assembly
of this Province in that case made & provided these are therefore in His
Majesty s name to command you to apprehend and take into your safe
CustcKly the said John Baptista Ashe and bring him before me or some

390 CK)LONlAL RECX)RDS.

other of the Assistant Justic-cs of the Gen' Court to answer abide & per-
form what our said Justices in tlie premises aforesaid tlien and there shall
Consider & make due returne hereof Given under mv hand and seal
this 10'*' dav of November 1732

To the provost Marsh or his I)cpu'^ these to execute & returne
A True Copy f WILLIAM MACKY I) M.

North Cakouxa — ss.

To the Kw{)er of the (ioal at F>lent(»n

I send you herewith the b<Kly of pfohn Baptista Ashe Esij" this day
brought l)efore me and aeeused of writing and publishing certain false &
scandalous Lilx^ls against His Excclly George Burrington Escj" Gov'
Capt General Ac of this province against the peace of our Lord the King
that now is & the Act of Assemblv of this Proviiuv

Therefore you are hereby strictly charged <S: commanded in his Majes-
tys name to rec*eivc the siiid Jn° Baptista Ashe and him in Goal to keep
untill he give lK)nd with two suif* securities, the said Ashe as principal
in one thousand |H)unds sterling and hissecuritys in five hundred pounds
ster: each pei*sonally to apjwar l)efoni the Justict^ of the Gen" Court of
this province at the next Gen" Court to lie held for the same at Edenton
then and there to do & receive what the s* Justices in this behalf shall
order or be otherwise discharged by due Course of Law-
Given under mv hand and Seal at Edenton the 10*** day Nov' in the 6***
yeare of his Majestys Reign Anno Dom 1732

W- OWEN I SEAL, t

+ +

True Copy Examined

^ WILLIAM MACKY D M

North Carolina — as.

Att a Greneral Court of Sessions of tlie Peace Court of Assize & Gren-

eral Goal delivery Ixigun & held at Eklenton for the said Province on the

last Tuesday in October 1732 & by adjournments continued to the 10**"

Day of November. 1732

Before

William Little Escj'- Chief Justice

William Owen 1 , ^ „ r . . r » i r^ ^

^r cs I 1 > Lsci'* Justice OT sd Court

Macrera ocarboix)ugh J *

David Osheal Gentleman Attorney for his Excellency Georjye Bur-
rington Esij' Governour prayeil leave to amen<I the Exceptions he had

CX)LONIAL RECORDS. 391

put into the Information of John Baptista Exhibited to this Court
against the said Governour which was granted by the Court & ye same
was amended and read & thereupon John Baptista Ashe put in a Repli-
cation or Exception thereto which was read & the matter being duly
argued & fully heard & by the Court here considered upon the advise-
ment thereof desired it is the Unanimous opinion of the said Court that
the said Information being a proscc^ution against the said George Bur-
ringt(m Esq" now Governour here for a crime or offem-e A Hedged to be
done by him whilst Governour which by Act of Parliament is ordained
Elsewhere to be heanl & determined & for that the said Couil cannot
compel the said Governour here to appear or Answer thereto they cannot
hear & determine the same & will not proceed in Judgment thereon.

Exam* & Compared with the records

W» LirrLE Ch : Jusf

[From North Carolina Letter Book of 8. P. G.]

MR. LAPIERRE TO THE BISHOP OF LONDON.

('ape Fear alias New Hanover Nov'- 29, 1732
My IjOrd

As I am one, who in Queen Anne's Reign 1708 was by your I^ord-
ship's most worthy predecessor, sent to South and North Caroh'na to
oflBciate in Both at several times as minister of the Church of England
under the Royal and Espiscopal Protections, having for the full space of
20 yetirs. Shared my office between a French Parish named St. Dennis
& an English Parish called St. Thomas under the Rev* Mr. Hazell the
Rector of the same; I was at last called from this former Province to the
next adjacent (M)untry nameil ( -ape Fear or New Hanover l^elonging to
North Carolina where I have lx?en already 4 years following my func-
tions & now I see myself nnder the sad necessity of superseding them,
for the reasons I shall acxjuaint your Lordship with, the people of my
charge did at the first carry a fair corres{)ondenc« with me, till one
Mr. Rich* Marsden came among us with a commission as he said
from the Bishop of London & from the Honorable Society for the pro-
p<jgation of the Gospel in Foreign Parts, to l>e an inspector over the clergy
in these parts of the North, tho' I could never hear that your Lonlship
had any other commissary l)esides the R^v* Mr. Garden in South or
North Carolina, moreover the said Mr. Marsden since that time has for-

392 COLONIAL RECX)RDS.

saken .such Pretentions; having taken upon him to be a public Merchant
& traffickant. Since his late voyage to Lisbon in Portugal & follows if
daily amongst us & thinks it no way inconsistent with the Sacred orders,
for he it is who has set my hearers against me, with his proffers of serv-
ing them Gratis, which is the reason why my subscribers have not paid
me according to their promise in writing & thereby have disable<l me to
wait upon them as their Minister & compelled me, by the same means to
work as a Slave, in the field for my living, after gnitifying them w^itli 8
months of my time. <fe the same Mr, Marsilen himself who had made
the people of Ca{)e Fear such generous proffers, has lefl them since, hav-
ing made interest with Gov' Burrington for the new Parish of Core
Sound & New River tho' not as vet settled but he is contented with the
private acknowledgements of the inhabitants of that place. I have
already laid before your Ijordship the first obstacle to my going forward
in my office, but there is still another my Lord of no less (X)nsequenoe
viz. the great misunderstanding between the great men of the place &
Gov' Burrington ; for having at his first arrival applied to his excellency
on the behalf of their church in order to recommend it, to the Societys
bounty & your Lordships protection ; his excellency returned them this
answer' from both ; that this could not be done, till their church can be
erected into*a Parish & till they could allow to their Minister a parsonage
& a Glebe, a thing they have not as yet thought upon but have endeav-
oured to shew in opposition to the Governors wortls that it was a Parish
& their Vestry is gone so far that way as to assess the country for my
last Payment which was liefore, consisting of Private subscriptions, but
they altered it at their pleasure without the Governors cijnsent, so that at
this time I am the sufferer depending upon no manner of certainty &
not daring to take the Bare word of thase, who have already sufficiently
imjK)sed upon my simplicity; therefore my Lord as I account myself
happy in following your commands, suffer me likewise to desire the favor
of your paternal advice, tending to the preservation of,

My Ijord Your Lordships
Most dutiful &

Most obedient Servant

JOHN LAPIERRE.

COIX)NIAL RECX)RDS. 893

[B. P. R. O. America and Webt Indies. Vol. 19.]

GOV JOHNSON TO D. OF NEWCASTLE

Charles Town Dec' the 15^ 1732.
My I^)rd,

In ray last to your Grace I had the Honour to accjuaint you, that I
had appointed a Chief Baron of the Exchequer, and that I humbly
prayed His Maj*^' further Instru(»tions on that subject.

Every thing is very quiet upon the Borders of North and South Car-
olina; Governor Burrington was indeed some time ago apprehensive that
our Indians would have disturbed those under his Government; but it
aflerwanls appeared there was little room to suspect any commotion of
that kind, and if anything material shall happen upon that on any other
occasion, your Grace may be persuaded I shall always acquainte you with
it, but shall ever be cautious how I take up any of your Graces time,
which is so much better imployeil, on more important matters.

It is with great satisfaction that I have the Honour to ac(]uaint your
Grace, that the Assembly have admitted M' Amy and to be their Clerk,
by which admission one of his Majesties Prerogatives here, («n suffer no
further dispute.

The great sickness which raged in this Province last Summer and
carried off many whites and blacks is now quite over, and the Province
is now very healthy.

M' Purrv is latelv arrived with about 120 Swish, 50 of which are
men, and the rest women and children, they like the Country very well,
and are very chearfull, I have taken care they should Ik? provide*! with
all neiHissarvs, and doubt not but that the ace* thev will send to their
friends of the reception they have met with, will encourage many more to
come and settle here, which will in time greatly reilound to his Maj***'
Honour and service.

I cannot forbear just hinting to your Grace the behavour of the Sur-
veyor General M' S* John, who has a Head so unfortunately turned,
that he has not only brought a great deal of uneasiness upon himself,
but has also given his Maj*** Council and me a great deal of unnecessary
trouble, he has had the weakness to reject advice given him by myself
Council and several other worthy Gentlemen and to pin his Faith intirety
upon one Whitaker late Attorney Gen" (and the Craftsman amongst us)
who leads him into the most rediculous and aKsurd measures, encourage-
50

394 COLONIAL RE(X3RDS.

ing him to despise the authority of his Maj**** Gevernor and Council
who design to make a Representation of his conduct to the Ministry,
which has lieen of manifest disservice to His Majesty, and disturlxnl the
Peace and quiet of this Province, but the unthinking man Iwleives and
brags that his Interest in England is so great that let him behave as he
will all his A<^ions will pass muster

I am with great respect. My Lord
Your Graces most obedient
and most humble servant

ROB* JOHNSON.

[From North Carolina Letter Book of 8. P. G.j

The Petition & Representation of John Boyd to the Society for the
propagation of the Gospel in Foreign Parts.

Sheweth,

That your petitioner hath lived for some time in North Carolina & is
well acquainted with the (/ountry & there is no minister residing of the
Church of England in any part of that Government, for want of which
many of the people are drawn away by Presbyterian anabaptists or other
Dissenting Teachers, many of their children unbaptised & the adminis-
tration of the Sacrament of the Lords Supper wholly n^lected.

[B. P. R. O. Board op Trade Journals. Vol. 42. p. 143.]

BOARD OF TRADE JOURNAIA

Whitehall Wednesday June 7*** 1732

Present
Earl of Westmorland. M' Bladen

M' Doeminique. Sir O. Bridgeman

M' Pelham. Sir H. Croft.

A letter from Capt Burrington Gov. of North Carolina to the Board
without date was read and the papers therein referred to were laid before
the Boardy Viz*

A schedule of the papers transmitted

COLONIAL RECX)RDS. 395

Attested Copies (under the Seal) of the Journals of the Council and
of the Upper & Lower House of Assembly as likewise of the Acts in
force in North Carolina.

Ac^count of Patents for Land in North Carolina granted by Sir Rich-
ard Everard late Deputy Governor of that Province for the late Lords

Proprietors.

[Page 151.]

Whitehall Friday June 16. 1732.

A letter from Capt. Burrington Gov' of North Carolina dated 4*"*
Sept. last was read and the papers therein referred to were laid before
the Board Viz*:

M' Porter's reasons against Governor Burrington appointing Members
of the Council in. North Carolina whilst seven remain.

Copy of a letter from M' Byrd of Virginia to Capt. Burrington Gov'
of North Carolina dated 20 July 1731 relating to the nature & fertility
of the lands in North Carolina.

Their Ijordships then gave directions for preparing the Draught of a
letter to the Duke of Newcastle to desire he will move the Queen for
ortlers to be sent to the Governors of North & South Carolina to use
all possible precaution to prevent an Indian war as apprehended by Capt.
Burrington in his aforementioned letter

Directions were also given for preparing the Draughts of Letters to

Col. Johnson and Capt. Burrington for the same purpose As also

another Draught of a letter to Capt. Burrington for a distinct explana-

^ tion of that part of his letter of the 4*** of Sept. last which relates to a

Gentleman in Hanover Square.

The above Draughts of Letters were agreed and signed on June 20"*
& 21'*

[Page 156.}

Whitehall Wednesday June 21. 1732.

Their Lordships taking again into consideration the letter from Capt.
Burrington read the 16**" inst. made a progress therein.

A Representation and Address of E<lmond Porter late of the Council
and Judge of the Vice Admiralty Court of North Carolina were read, as
also the following papers referred to

Extracts of Minutes of Council and Copies of Complaints & Answers
relating to Capt. Burrington's sus))ending M' Porter from the (^ouncil and
l)eing Judge of the Admiralty in North Carolina.

M' Porter's opinion about the appointing of any new Councillor by the
Governor whilst there are seven Meml)ers of Council in the Province.

390 COLONIAL RECORDS.

Memorandum made by M' Porter oonoerning the purchase money of
lands in North Carolina.

And their Lordships gave Directions that copies thereof should be sent
to M' Burchet to be laid Ix^fore the I^ords of the Admiralty.

Ordered that a letter be wrote to M' Porter with copies of such parts
of Capt. Burrington's letters as relate to him for his Answers thereto.

Ordercnl that in the next letters to Capt. Burrington copies of the above-
mentioned Representation and papers from M' Porter be sent to him for
his Answers thereto.

[Page 157.]

Whitehall Thursdav June 22. 1732

M' Shelton Secretary to the late Lortls Proprietors of Carolina attend-
ing he was desireil to give the Board an account of the Grand Deed from
the said Ix)rds Proprietors in 1668 under which the inhabitants pretend
a right of paying but 2 sh** per hundred acres for land in North Caro-
lina whi<»h he pmmiseil to do accoixlingly.

The Boawl then took into consideration the letters from Capt. Burring-
ton mentionM in yesteixlay's Minutes and made a progress tliereiu.

[Page 147. J

June 9*^ 1732

A Memorial from M' Shelton setting forth his services concerning the
sale of ( -arolina and the Bahams & praying the Board's re(x)mmendation
of him to the Crown was rejid and their Ix)rd'* resolved to consider further
thereof on Tuesday morning next.

[Page 158.J

June 23"* 1 732

Their Lowlships taking again into consideration the Memorial from
M' Shelton rvad the 9^ inst. praying the Board's recommendation of him
to the Crown A certificate to the I^onls of the Treasury wa^ ac<'ordingly
agreeil and signed.

[Page 160.]

Whitehall Weilnesdav June 28. 1732

The letter from Capt. Burrington Gov' of North Carolina and the
pa[>ers therein referred to mentioned in the Minutes of the 16*** inst.
l)eing again considered directions were given for preparing the draught
of a letter to him thereupon.

Ordereil that a letter l)e writ to M' Attornev <fe Sol' General for their
opinion upon a cuse and queries relating to the validity of laws passed
in North Carolina in the I^mls Proprietors nanu's after the pun^hase of
that Province bv the (-rown

COLONIAL RECORDS. 397

ri>aj?e 162. j

Whitehall Tuesday Jnlv 4'*' 1732

The Board tlien took into consideration the Draught of a letter to

Capt. Burrington order'd to be prepared the 28*** of last month and

made a progress therein

July o*** 1732

*

The Board taking again into consideration the Draught of a letter to

Capt. Burrington mentioned in yesterday's Minutes made a progress

therein.

[Pagro 163. 1

July ir»' 1732

The Board taking again into consideration the Draught of a letter
to Capt. Burrington mentionM in yesterday's Minutes made a progress
therein.

M' Smith Chief Justice of North Carolina and Chief Baron of the
Court of Exchequer there attending he presented to the Board the War-
rants from his Majesty appointing him for those Offices which l)eing
read Ordered that copies be taken thereof And the Board asking his
opinion with rei?pect to the necessity of holding the Court of Exchequer
He said he thought that Court the more necessary because the King >vas
defrauded of much land and that that was a matter only (H>gnizable in
that CJourt.

[Page 165.]

July 12"* 1732..

The Board taking into consideration the Draught of a letter to Capt.
Burrington mention'd in yesterday's Minutes made a progress therein.

[Pap:el«7.J

July 13'»» 1732.

•

M' Smith Chief Justice & Chief Baron of North Carolina attending
he presented to the Board a Memorial relating to such laws of the Prov-
ince as have not been confirmed by the liords Proprietors upon which
he states some difficulties with respect to the duration of them which was
read And directions were given for stating the said difficulties to the
Attorney & Solicitor General

fPasre 170. 1

Julvl9^1732

The letter to the Attorn^ & Sol' Gen* order'd to l)e prepared the 13***
inst relating to such laws of North Carolina as* have not been confirmeil
by the I^ords Proprietors was agreed and order'd to be sent.

398 COIX)NIAL RECORDS.

[Page 306.1

Whitehall Tuesday Janir-^ IG. IT^g

Pre.sent
The Secretary laid before the Board the forty four following copies of
orders in Council and the same were rf*ad

* * * *

Order in Council dated 2o^ Nov 1731 repealing an Act passed in
Virginia for the more effectual preventing the bringing tobacco from
North Carolina &v

(Page 247. j

Whitehall Wwlncsdav Dec ()'** 1732

•

M' Attorney and M' Solicitor General's Report upon Queries relating
to the Validity of Laws passed by the Proprietors authority in Carolina
before and after noti(»e of the purchase by the Crown was read and di-
rei'tions were given for sending atteste^l copies thereof to Col Johnson
& Capt Burrington

[FrOxM the MSS. Rfx^ords of North Carolina Council Journals]

COUNCIL JOFRNAIX

North Cauolixa — ss.

At a Council held at the Council Chamber in f]denton the 17^^ dav
of January Anno Dom 173i

Present
His Excelly (jeorge Burrington Esq' Gov <X:c

{Joseph Jenoure Cornelious Harnett ^ Esq" Meml)ers
Rol>ert Halton John Ix)vick > of his

John Bap' Ashe Edm** Gale j Majesties Council

Mathew Rowan Esq' appointed by his Majesties Royal Instruction a
member of Council within this Province appeared and took and sub-
scribed the several oaths by I^aw appointed for Qualifictition of publick
Officers as also the Oath of a Councellor and his place at the Board
accordingly

Present Mathew Rowan Esq'

His Excelfy having laid before this Board a letter he lately Received
from the (jovernor of South Carolina Dated 27*^ October last desiring
that Commissioners might be appointed for speedy running out a line for
Settling the Southern Bounds of this (iovernment Pursuant to his Maj-
esties R<>yall Instructions But his Exc^elly Having some time l)efore made

CX)IX)NIAL RF.CORDS. 399

a proposals to the R* Honobles the T-ionls Comissioners of Trade and
Plantations on that head which he ordered to be rt»ad. This Board liav-
ing duly Considered of the same are of oppinion that the said proi)osals
made by his Exwlly will be of service to his Majesty and save him a
Very great Expence Wherefore it is the further Oppinion and Advice of
this Board to his Excelly that he Deferr the appointing Comissioners to
run the sdid line till such time as he shall know his Majestie's further
pleasure therein

Then the Council adjourned till to morrow Morning at Eleven of the
Clock

Teusday January the 18**"

Present

His Excelly George Burrington Esq' Gov' &c

f Joseph Jenoure Mathew Rowan 1 t.^ „T.Tkc i_ 2»

Robert Halton Cornelious Harnett I ^l ^^ ti-
; T„u^ D^.A A.u^ T.K^ r ....:^i. r his Majes"**

Council

The Honoble ^ J^hn^B^iTTshe JolVrWick > his Majes

Edm'* Gale

Coll Edward Moseley Treasurer of Chowan precinct M' Charles Den-
man Treasurer of Perquimons Precinct M' Cullen Pollock Treasurer of
the South Shore M' Thomas Smith Treasurer of Hyde Precinct and M'
Simon Alderson Treasurer of Beaufort Precinct Exhibited to this Board
(in obedience to an Order of Council Passed the 4th Day of November
last) their accounts of all public^k moneys in their Hands which is ordered
to Ive on the Table

Cornelius Harnett Esq' appeared here this day pursuant to an order of
Council of the 4*** of Nov' last to answer the Complaint of Capt Tate an
the said Tate appeared also and the said Harnett delivered to this board
a paper which is as follows Viz*

Cornelious Harnett of North Carolina humbly sheweth that in obedi-
ance to the Order of Governor and Council passed Nov' 4th 1731 Con-
cerning a Complaint said to be made to Governor against him and another
person by Capt Tate of Bristol he appeareth and for answer thereunto
Saith

That he doth not understand that by the Laws of Great Brittain or
this Province Complaints touching matters of Debt or Contract are to be
heard or trved before Governor & Council

That if the same were Cognizable by Gov' and Council he would have
Expected that the Governor would have proceeded thereon when he was
last at Cape Fear River in the month of Ot»tober (at which time he sup-
poses the said Complaint must have been made) The Major Part of his
Majesties Council being then at Cape Fear River and not have drawn the

-M) COLONIAL RECXJRDS.

said IV bv a writ of Supaiia under tlie })enalty of one hundred jK>unds
and the Debt bv a C'opv of the Onler of Council only two hundred miles
from the i>lac*e of their residence in the Depth of Winter

If the Governor and Council shall l)e of Oppinion (as he thinks they
w^ill not) that thev have jwwer to hear such C\)mplaint he then Offers
herewith a Paper signed by the said Tate before substantial And Credi-
ble Witnessc»s wherein he Disclaims his having made any such Complaint
to the Governor as seeking relief or justice at his hands or from him or
that the said Tate ever asserted that he v* said Harnett and the other |kt-
son owwl him the sum of three Thousand pounds in which jKipcr as the
said Tate denys his ever having promoted any such suit or C-omplaint
so he forbids any Prosei»ution of the same to which paper he the said
Harnett Referrs himself

Frays that in as much as the said Cornel ions Harnett hath been Slan-
dered and under some Disrupute (,\)nc«rning this matter by means of
the said order of Council he humbly prays that this his said answer and
the said |>a{)er signe<l by the said Tate may 1x3 entered for his justifica-
tion

CORNELIUS HARNETT

And then the said Cornelius Harnett Delivered another paper signed
by the said Tate Endorseil John Tate Retraxit which was in tliese words
Vizt.

North Carolina.

I the subscTibed John Tate do hereby Solemnly declare before the
j)ersons who SuKscribe a8 Witnesses here to that I never did Exhibitt or
make any Complaint to his Excelly George Burrington Esq' Governor
against Cornelius Harnett Esq' of his and another persons Owing the
sum of three thousjuid pounds as Seeking relief at his hands or Justice
from him it is true (at least I l)elieve) that occasionally before l)efore
him as befoi-e others I may have alledged that the said Harnett and the
Rev* Doct' Richard Mars<len had Injured me in not punctually Com-
plying with their Contraction with me but I deny Ever to have Aserted
that thev owed me the Sum of £30(X) for thev never did owe me that
sum and as I do hereby Deny my promoting any such suit or Complaint
l)efore the Gov' and so I do as to my part forbid the prosecution of
the same in Witness Whereof I have hereunto mv hand this 24*** of

Nov' Anno Dom 1731

JOHN TATE

Witnesses Johnathan Shrine John Cox Charles Burn ham John Bap'
Ashe Sam* Swann

COLONIAL RECORDS. 401

Which pa[)er8 being read the said Tate was Sworn and on his Exam-
ination declared that he was an Unfortunate man and lost his ship upon
the Middle Grounds of Cape Fear River and that he sold and Delivered
his Cargoe to Docter Marsden and Mr Harnett for the Value of £2793
who were to have given him their Bond or Security and that he was to
have been Paid as soon as he could get Vessels to Carry of the Effects
and that he had been a great sufferer as well as his owners and expected
he should be turned out of his Employ and Ruined if he had not those
Effects paid him and that he made this Complaint to his Excelly the
Governor about the 2* of October last who told him that he had his
renietly at Law against Docter Marsden and Harnett for thase Effects

Robt Hal ton one of his Majesties Council being sworn and Examined
Saith that Capt John Tate spoke to him and told him he Came to com-
plain to his Excelly the Gov' against M' Harnett and Docter Marsden
at the time mentioned in the said Tates Examination and that he accord-
ingly introduced him to the Gov'

ROBERT HALTON

Coll Maurice Moore Ixiing summoned to appear this day before the
Board to give an account of the Lands he held or Claimed at Cape Fear
now appeared and Declared that he held about 15000 acres in those parts
but for greater Certianty reffered himself to the Grants or records in the
Secretary office and at the same time offered to this Board a paper by
way of Exception & representation on the affair but his Excelly Con-
ceiving the same to be a very untrue representation the Said paper was
laid on the table for further consideration

Adjourned till to morrow morning

Wednesday January the 19"* 173^

Present
His Excelly George Burrington Esq' Grov' &c

The Honoble

Joseph Jenoure Mathew Rowan ^ j, „ Member

Robert Halton Cornelius Harnett I >i*. ^r' ..
T a r> t A 1. TUT '1 > ot his Maicsties

Jo' Bap* Ashe John Lovick

Edm** Gale

Council

His Excelly delivered the following paper to the Board in relation to
Mr Harnett affair Vizt Having perused the answer of Mr Harnett to
the Complaint of Capt Tate now under Examination as well as the
paper the said Tate signed before Substantial and Credible Witnesses
(which I think since the Man appears was Needless to have been pro-
duced) and therefore I consented the same Should have l>een Withdrawn

51

4<)2 COLONIAL RECORDS.

aiul the Mans Examination fairly takon but it boinfr insi.sUnl on that the
said pa])cr Should lye as a Justification of the said Harnett T am
ohlidg(*d to make some remarks ujxin that jmper as Mr Harnett answer
nether of which are writ with decency or tnith as a|)])ears plainly by
the Said Tatos Examination now Ijefore us upon Oath

The foul manner of obtainifi^ the jMijier is very Evident from what
Tate sw«irs Vizt that unless he si^ne<] it he should l)e kept out of his
money A year longer and the absolutely Denys that he asserted he had
not made a Complaint to me but now u]><»n his Oath declares ho did
make such a c^implaint and told me he should l)e quite Ruined and
udone if not Ii<jHev«l an<l I csuinot help ()bsi;rving h<»w Disingenerous
it was in the Penner of the pajxT to make the man say he never asertcd
that the sum of £3000 was owing to him \Vh<»n M' Harnett is not
Charged with owing so mui^h only near that sum and now the man tell
von the Debt is i:2793 and t4) what end that strong denval was made the
|ienman of the pa|KT l)est knows I will make n<i other remark upr>ii
what the man swears of the unmannerly and slight sjHHX!hes made by the
pret(;nding (lentlemen made uiK>n my self and the Council only that I
sure such niisi)ehaviour will Ik; no re< commendation of those (concerned

M' Harnetts answer is Dividwl into four parts upon which I will
n*niark as they lay l)efon; mc fii'st M' Harnett s;iys that he appreluMuls
that the (lov' an<l (Nnux'il have not power to hoar and try Matters <>f
Debt or C<intract which c^rtianly true except as a (\»urt of Chancery or
by appi>2U* Xor was M' Harnett (railed her for that end what Mr Har-
nett was cjdle<l upon to answer was this Tate as you have now heanl
upon his oath made very Grovious Complaint against M' Harnett which
if true would gn»atly obstruct the trade of that young settlement which
as I have Ever Done will allways continue to promote & M' Harnett
b<?ing a M(»mlK?r of his Majt*sties Council I thought as such it becaoie
me to Enquire in the truth of it in Order to have represeutwl the Matter
htmie and I shall always take the same Meth(Kl when I think anv of his
Majestic»s (.\)uncil Misliehave themselves Wing unwilling to lay Charge
to the prejudice of any person liveing till I am Satisficnl of the truth
this as it ac^ting with the grc^atest Tenderness mus have the Approbjition
of all men who are not wilfully si»t against every thing I do.

The 2* Article Says that if the Matter had U»en Cognizable b(»fore the
Governor an<l (Council he Exp«vto<l to have Ikmmi phm'w^UhI against at
Cape F^oar where I was and a Majority of his Maj«Nsty's Council at the
same time

COLONIAL RECORDS. 403

To this I say that I did not recieve the Complaint till Just as I was
setting sjiil for these parts but if I had recieved it before I wonder witli
what Assurance M' Harnett cran assert that a Majority of his Majesties
Council was then at Cape Fear when it is notoriously known there were
at that time but four Memlxir of which M' Harnett was himself one tho
hail there really been a Majority there as is said I could not have pro-
citeded by his Majesties Instructions upon this Enquiry till the whole
council had been Sumone<l which has now been done and the Council
now attends where all other business is transacted And if the Governor
and Council had been Impowered to try the Debt or Contract as sus-
gcsted in the answer they must have l>ecn a Court of Record and form
to have removed anv Court of ReiH)rd from Edenton the seat of tliis
Government (would have l)een a great and heavy Oppression.

The ;^* Article only recites what is said in Tate^ paper and the 4*** is only
to request that the paj)er & answer may be Entred whic^h I allow & order
these Remarks to be entred with them which will be a lasting Testimony
of the Candor of the Gentlemen Concerned and of the assistance I recieve
from some memlxT of his Majesties Council Then His Excelly desired
that Capt Tate might be further Examined upon (^th how he Came to
Sign that paper Endorsed his R^'traxit put in yesterday by M' Harnett
and the said Tate being thereon sworn saith that M' Ashe drew the first
Draught of the paper put in at the Council Board yesterday by M' Har-
nett which is signed by the said Tate and that the said Ashe declared
that if he the said Tate did not Sign to an Instrument to stop the prose-
cution M' Harnett not pay him in Twelve months and for fear he should
not he paid his Debt he signed the said {>aper

Mr Porter late a Deputy surveyor at Cape Fear appeared at this Board
pursuant to an Onler of Council ]>assed the 4*** of Nov' 1731 and his
Excelly the Governor asking the said Porter whether upon the Surveys
he made he runn all the the lines according to his returns made in the Sec-
retary Office when he was Deputy Surveyor the said Porter answered he
did not

The Said Porter being further Sumoned to appear this day to give an ^
account of the Lands he holds or Claims at Cape Fear appeared and
declared he Could not Certainly tell what Quantity but that he believed
thev were all Recorded in the Set^retarv Office if they were not he would
(rjiuse them to be retxjrdcd soon

John Baptista Ashe Elsq' Treasurer of the New Settlements of Cape
Fear in Obediance to an Order of Council passed the 4*** of November
last ap|)eared at this Board and Exhibited his Acco* of publick Moneys

404 COLONIAL RECORDS.

in his hand which is ordered to lye on y* Table The said John Bap*
Ashe Esq' one of the late Deputy Surveyors at Cape Fear now appeared
and gave in a paper which was laid on the Table for further Considera-
tion.

The Question being put by the Governor whether the Complaint
against Esmond Porter Esq' Judge of the Court of Vice Admilty should
be called and heard to morrow Morning altho he be absent or put off
till a further Day It was the oppinion of the Councill that the matter Ik*
Called and heard to Morrow Morning Adjourned till to Morrow Morn-
ing 9 of the Clock

Thursday January the 20*^ 173^

Present
His Excelly George Burrington Esq' Grov' Ac

r Joseph Jenoure Mathew Rowan ^ j, „ Members

rpL TT ui J Robert Halton Cornelius Harnett I ^^ n i .

The Honoble -{ t u o t % u t u t • i r of his

I John Bap* Ashe John Lovick \/r • a.- m -i

[ Edm'Gale J Majesties Council

Coll Thomas Pollock Treasurer of Bertie precinct in Obediance to an
order passed at this Board the 4*** Day of November last appeared this
Day and Exhibited his acco** of publick Moneys in his Hands which was
ordered to Ive on the Table

Read the petition of Thomas Pollock Esq' Shewing that at a ver}-
great Charge having Obtained patten ts for some Lands lying between
Roquiss Swamp and Marattoke River in Bertie precinct said to be
claimed by Tuskaroroe Indians for which Reason your petitioners has
hitherto forborn to settle the said Ijands tho he is altogether unknown in
the right the said Indians have to these Lands but not knowing how
much he may be injured by not settling the same according to the Tenour
of his pattents praying an order for settling the said Lands or otherwise
that a minnute may be made in Council for him that the Lands may not
be I-<apsable Neither be charged with any Rents till Such time as the
Indians shall remove or quit their pretended Claims.

This Board is of Oppinion they cannot give up his Majesties Quit
rents to any pattented Lands but if the said Lands lye within the
Bounds Claimed by the Indians they are of Oppinion that the said lands
Ought not to \ye Elapsed till such time as the Said petitioner is allowed
quietly to possess the same.

Ordered that no lapse pattents do issue for the Ijands Set forth in Said
})etition.

COLONIAL RECORDS. 406

Mr Charles Harris one of the Late Deputy Surveyors at Cape Fear
being sumoned to appear at this hoard to give an Aoco* of the practice &
manner of this Surveys lately made at Cape Fear being Sumoned to
appear at this board to give an Acco' of the practice and manner of the
Surveys lately made at Cape Fear did not appear having writ to the
Governor and Council a Letter of Excuse the same was laid upon the
Table for further Consideration.

Read the petition of Mathew Machard against Isaac Ottiwell Collec-
tor of his Majesties Customs of port Bath which l)eing Sworn to the
Same is ordered to lye on the Table for further Consideration thereon

Present

lAlmond Porter Esq' one of his Majesties Honoble Council Edmond
Porter Esq' Judge of the Court of Vice Admiralty Appeared and De-
livered in at the Board a paper which he desired to l)e Entered which are
in the words Viz*

To His Excelly George Burrington Esq' Gov' Vice Admiral &c

Sir

I was in hopes to have returned timely from Cape Fear to put in my

answer to the Complaints of Mr Little against me but in my return have

l)een frozen up in Shallop at three several places which I am able to

prove being but lately arrived for which reascm I hope your Excelly will

be so good as to grant me a reasonable time to put in my answer to the

said Complaints they being of an Extraordinary Nature the granting

this favour will be an Obligation on

S' Your Most Obedient Ser*

E. PORTER
Edenton January 20th 1731

Eklmond Porter Eisq' being present His Excielly the Governor directed
the Complaint filed by M' Little & others agaiiLst the said Edmond Por-
ter Judge of the Court of Vice Admiralty to he read which was accord-
ingly done and then the Complaints proceeded on the first article of the
Charge and a Copy of the Registry of the Court of Admiralty together
with the Records of the General Court which were Road and the Oath
of James Trotter taken

His Excelly the Governor thereupon desired the Oppiniim of the
Councjil whether the Complainants had made gocKl the first Article of
their Charge or Complaint against the said Porter who was of Oppinion
that the Complainant^^ had fully made good and proved the first Article
in the Said Compl* the article being Read and a Copy of the R^istry

406 COLONIAL RECX)RDS.

of the Court of Admiralty Sworn to by the present Roister a^ also the
records of the General Court on that affair and the oath of M' John
Leahy Deputy Roister of the Court of Vice Admiralty at the time of
the tryal mentioned in the second Article Thereupon the Governor
Desired the oppinion of this Board whether the Complainants had made
good their Second Article of Complaint who were of the Oppinion that
the Complainants had made good and fully proved the second arti(Je of
their Complaint

3"* Article being read together with a Copy of the Registry of the
Court of Admiralty sworn to by the present Register & Mr Leahy on
his oath who was Deputy Register of the Court of Vice Admiralty at
the time mentioned in the third article Thereupon the Governor desired
the Oppinion of the Council whether the Complainants have made good
and fully proved the third Article of their Complaint Oppinion the
Complainants had fully proved and made goixl the Said Article

4*** Article being read together with a Copy of the R^istry of the
Court of Admiralty sworn to by the present Roister and the records of
the General Court Concerning the same desired the Oppinion of the
Board whether the Complainants had made out the fouth Article who
were of Oppinion the Complainant had fully proved and made good the
said article

5*** Article was read and the Complainants declaring they had no Rec-
ords to produce to make out this article and thereupon the present Reg-
ister of the Court of Vice Admiralty being asked on his oath whither
there is any Register of that Suit in the Office declared there was none
delivered to him then the Complainant produced Mr John Leahy who
at the time mentioned was Deputy roister of the Court of Vice Ad-
miralty who having heard the fifth article read declared it was true with
this addition that he drew the Indenture and he believes Mr Porter had

£30 or there abouts for the sale of the said Edward

Moor and that he the said Leahy forgave Moor his own fees And Mr
William Macky being Sworn Said that he heard M' Rowelen Deced who
bought the said Moor & Moor himself declare the same and that he
knows the said Moor served his time out Thereupon the Council were
of Oppinion the fifth article was fully proved

6*** Article being read together with a Copy of the R^istry produced
by Richard Rustull Esq' the Register of the Court of Admiralty upon
oath and the Complainant desireing Mr James Winright (who was sworn)
might declare whether Judge Porter did not know of the Seizures & pro-
ceedings Mentioned in the said PonipP l)efore they went upon them

COLONIAL RECXJRDS. 407

answered that he the said Porter did know and sent a Deputation by
him to Docter Patrick Maule to act as Deputy Judge in that affair and
being asked if any part of the fees came into Judge Porters Hands
answered that he understood that the Deputy Judge & all the Officers
paid him one half of their fees Richard Rustell Esq' late Regester of
the said Court being Sworn and Asked whether any part of the Fees
Came into Judge Porters hands answered that he paid to Judge Maule
for the use of Judge Porter one half of all the Fees accruing to him as
R^ester on the Seizure & Tryal of the three Sloops and that he believes
the Deputy Judge and Marshall likewise paid the Same Thereupon
it was the Oppinion of the Council that the Sixth article wa6 fnlly proved
and made good

7*** Article the Evidence l)eing gone the Complainant failed in their
proof

8'** Article being read together with Copy of the R^istry produced as
also the records of the General Court the Question being put it was voted
by the Council the Same was fully proved

9*** Article being read the Complainants produced their proof it was
the Opinion of Board that the Said article was ftilly made out and
proved

10'** Article Read and the Rt^istry produced and the Evidence of M'
Ijeahy the Late Deputy Register and others heard there upon Oath
the Council were of Oppiniou the Articles the Complainants had fully
njade good and proved

1 1"" Article and the several Complaints mentioned therein read aud
Mr Osheal being sworn saitli That after he was discharged from paying
the Fine and that the* Marshall of the admiraltv had obstructed the
Deputy Marshal from serving the Habeas Corpus he was again taken
into custody for the very same thing he obtained his Majesties writ of
Habeas Corpus for and held to £800 Bail and the Registry being pro-
duced and the Complainants heard on the several articles of this Com-
plaint It was the oppinion of this Board the same were fully proved

12'** Article Read and on hearing the Complainants thereon the Coun-
cil were of oppinion the same was fully proved

13*** Article Read and the Complainants Evidences heard thereon the
Council were of Oppinion the same was fully proved and made good

Upon the several Articles of Complaint aforesaid Exhibted against
Edmond Porter Esq' Judge of the Court of vice admiralty Mr Ashe
refused to vote or give his oppinion but all other members of the Coun-
cil present were unanimously of oppinion that all the several Articles of

408 COLONIAL RECORDS.

the Complaint were fully proved by the Complainant Except the 7"*
article wherein the Complainants al ledge their witnens to be gone and
in the Eight article M' Rowan doubteil w^hether the same was fully
proved

Ekimond Porter Esq' l)eing present and hear the first article Read &
pleaded to it but then withdrew and afterwards Came in again several
times during the hearing and liehaved himself in a very Insolent manner
to the Governor and Came in and went out of the Council Chamber
st»veral times and walkt and stood before the Door with his hatt on while
this Examination was taken

M' Ashe produced the following paper as his Reasons whi he refused
to vote praying the same may be Entred which was allowed by the Gov-
ernor and is as follows

Upon the several articles of Complaint Exhibited against Ekimond
Porter Esq' Judge of the C-ourt of Vice Admiralty the said Porter not
withdrawing which Mr Ashe not appearing to answer the Charge the
said Ashe gave it as his Oppinion that the Council Could not proceed to
Examine the Evidem«s because it would be Exparte as it were but
ought rather if he were guilty of a Contempt or made default to take
the fact pnx^onfesso and this he gave as his Rcascm why he could not
proceed to give Oppinion to the Question on each Article as it was put
Vizt Whether the Fact were fully proved or not

His Elxcelly the Governor after the Complainants had gone through
with their proofs and made good their Charge against the said M' Porter
Caused his Majesties 49*^ and 55*** Instruction to be Read Thereupon
His Excelly Asked the Opinion of the Board whether the said Porter
ought not to he suspended from his Office as Jfldge of the Court Vic«
Admiralty within this Province and thereupon it was the unanimous
opinion and Advice of the Council that y* said Edmond Porter I^'
Judge of the Court of Vice Admiralty ought to be Suspended from the
8* office

The Governor thereupon having the unanimous Opinion of his Majes-
ties Council and having heard the several Facts wherewith the said Por-
ter was Charged made good and fully proved

His Excelly thereupon by and with the advice and consent of the
Council did sespend the said Ekimond Porter Esq' from acting as Judge
of the Court of Vice Amiralty within this Province untill his Majesty
or the Lords of Admiralty their pleasure be known thereon

His Excelly the Governor further asked the advice and Oppinion of
the Council Whether so bad a man as M' Porter was proved to be should

COLONIAL RECORDe. 409

be continued a member of Council within this province. Thereupon the
Council were Unanimously of opinion that the said Edmond Porter was
not fit to sit at this Board The Governor thereupon Gave M' Porter
time to the Last Tuesday in March next to Shew reason why he ought
not to be suspended from the Council But at the Instance of Mr Porter
it is ordered that the same be heard to morrow at four of the Clock in
the afternoon the said Porter desiring His Excelly to give him this
Night the Articles he should proceed upon therein which the Governor
promised to do

Fryday January 21'* 173^

Present

The Honoble

"Joseph Jenoure Mathew Rowan ^ Esq" Memters
Robert Halton Cornelious Harnett ! f i • ,

John Bap^ Ashe John Lovick f Majesties Council

Edm* Gale

His Excelly the Governor having last night filed in the Secretaries
OflRc^ the Several articles against Edni** Porter Esq' as Reasons for sus-
pending him from this Board the siune were now read in the words Viz*

Thursday Eleven a Clock at night
I complain against M' Porter as a Member of Council
First. Bet^ause he has made it his whole Endeavour ever since my
arrival to perplex and obstruct all pro<»eeding in Council by Raising
unnecessary disputes and Cavils

2**^. That when his Oppinion has been asked upon aifairs of the
Greatest Consequence wherein the Peace and Quiet of this Province has
Depended he hath asserted direct falsehoods with an Intention to Em-
barras and Perplex the Administration

3***^. He hath l)ehaved at the Council Board with So much Insolence
to me that the Council have taken notice of his Rude behaviour in their
Minutes and have Entered it as their Opinion that he is too bad a man
to sit at the Council Board

4thiy That the Council upon a very full Examination of his Vile
l)ehaviour as Judge of the Court of Admiralty given their oppinion
that he deserve a Sespension from that Office and he being suspended
accordingly I think it cannot be proper to Continue him a Member of
Council^when as such he must sit as a Judge in the Court of Chancery
for this Province

52

410 OOLONIAL RECX)RDS.

gthiy That he being a Person of very 111 Fame and Character and
now under many prosecutions & Indictments not only for his barlmrous
proceedings as a Judge but for Tumults Riots and other disorders I
think it would be a Reflection on his Majesties Council here to have such
a Profligate Person sit with them and therefore ask the opinion and
advice of this Board whether the said f/imond Porter ought not to be
Suspended from l)eing a Member of his Majesties Council for Nortli
Carolina.

There upon the said Edmond Porter gave in his answer to the same
which was read in these words Viz*.

North Carolina.

Fryday following Thursday Elven a Clock at Night

The answer of Edmond Porter to the Comp** of His Excel ly Greorge
Burrington Esq' Gov' &c

His Excelly exhibiting a Charge against me Setting me forth a very
heanous person and yet alleadging no particular fact Urged me (that I
might acquit myself and Convince the world that I merited not such
Titles as in the said Charge are given me) to an immediate answer which
I shall make in as few words as I can hoping no advantage will be taken
of any slips which may happen to a thing so hastily Concieved and
delivered

1** As to the first Charge I observe it is so General no particular Fact
being alleadgeil against me that I know not how to answer to it other-
wise than that it will serve to be apply ed to any of the Council who Dif-
fering from the (iovernor in Oppinion shall Raise disputes thereon

2* As to tlie second I observe that the Greneralty of of the Charge
admits no answer

3* As to the thiixl Charge I observe that it is also very General saving
as to the Notiw the Council have taken of my behaviour and the Oppin-
ion they have already before my Cliarge Exhibited against me delivered
thereon Entred in a Council which plainly shews that they Viz* such of
the Council as have so done have Prejudise me how far this Conduces to
their Qualification of being my Judges in the prcstMit cases I shall leave
to others to Judge

4*"^ I must patiently bear the harsh Terms the Governor is pleased to
bestow on me in this Article and to the proceedings of the Governor in
my ca*^ as Judge of the Admiralty and the Oppinion of the Council as
to my Meriting a Suspension from that oflice I shall only say that I
thought it hard Considering how unavoidably I was delayed from apjiear-

COLONIAL RECORDS. 411

ing (being frozen up with my vessell &r from Eden ton and not posible to
come to it any otherwise than by water which detained me till Wednes-
day last in the afternoon from my plantation) that I should so imme-
diately on my very first appearance be pressed to a hearing and that after
Examination of the Evidence of the Complainants against me I was not
allowed time to produce those in my defence this I expected because as
I moved last night I remembered well it was the method observed in the
Complaints between Sir Richard Everard and M' Lovick against each
other but this I shall take more particular notice of at another time and
place. As to the reason given by His Exoelly that because I am sus-
pended as a Judge of the Admiralty it is not therefore proper I should
be continued a member of Council I beg leave to observe that supposed
I was fully convinced of the Charges against me as Judge yet these facta
were all done before my being in the Council I would therefore b^ leave
to make this Query Whether after I am nominated by his Majesty of his
Council in this province and Qualified according to the Law Facts done
before no wise respecting that office may be Exhibited against me and
allowed a Sufficient Reason for turning or throwing me out of the Coun-
cil And if the Governor and Council Shall be of that Oppinion I hope
it may a standing Rule and that others be also Examined as to past
actions of their Life before their being in Council as well as me

5thi7 ^g ^ ^|jg g^j^ Article I must observe as before as to the Greneralty
of the Charge and the Language bestowed on me (as yet I hope one of
his Majesties Council by his Excelly in the present case my Judge at
least one of my Judges as to the prosecutions Indictments and so forth
against me I beg leave to say that others have been Indicted before me
and that every accused is not to be concluded Guilty and therefore this
is no Reason for Suspension or for throwing on me such )iard names if it
were it would be an Easy matter to make the most Innocent person
deserve it and to have bestowed on him the Titles of ill Fame and Charac-
ter and a Profligate Person

To conclude as your Excelly hath been pleased to suspend me as Judge
of Vice Admiralty I think it a most insurportable Grieviance that aft^r
I put in my first paper yesterday prayed reasonable time to make answer
to the Complaints of Mr Little your Excelly not only overuleii the same
but my se<;ond paper produced on the Board your Excelly in great heat
threw it into the fire tho I told you it related to my defence.

Delivered at the Council Board this 21** dav of Januarv 1731 hurablv
praying tliat this iiiy answer may be Entretl in the Council Book

Signed E PORTER

412 COLONIAL RECORDS.

The Several Articles Exhibited by His Excelly as a Charge against
Eklmond Porter Esq' was again Read and the two first article pospon'd
and on Reading tlie 3* Article and M"" Porter answer thereto the Question
was put whether M' Porter had not behaved in a very Insolent manner
to his Excelly the Governor several times and more j)articularly yester-
day at the Council Board The Council gave their Opinion that had
behaved very Ins<jlently to the Governor and F^specially yesterday while
sitting in Council

Then the 4*** Article was read and Mr Porters answer thereto There-
upon the Governor aske<l the Opinion of the Council that as they had
yesterday Unanimously consented to the suspending the said Porter from
being Judge of the Admiralty for his Manifest Injustice and scandalous
oppressions Wither for the same Reasons he ought not to be suspended
from being a meml>er of Coimcil being as such one of tlie Judges of the
Court of Chancery and the Council were of opinion that he ought also
to be suspended from l)eing a nieml)er of the Council

5*** Article Read and M' Porters answer thereto upon the Governor
desired the opinion of the Whether so ill Fame and Character as M'
Porter is from his l)arbarous proceedings as Judge would not be a reflec-
tion on his Majesties Council here to sit at this Board and Whether the
s* Ed Porter ought not to be Susj)ended fn)ra being a member of his
Majesties Council for Nortli Carolina for this Reason also the Council
thereon were of opinion that it would be for His Majesties Service that
he Should be suspended from being a member of his Majesties Council

The Governor having proceeded on the 3** 4*** & 5*** Articles in the
Charge against M' Porter and having the councils opinion waved the
Article of M' Alley ns being in or out of the Government he again desired
the Opinion of tlie Board whether on the Whole the said Porter should
be suspended from being a member of his Majesties Council or not which
being put to the Vote the same past in the affirmative and the Council
accordingly did advise and consent that the said Edmond Porter Should
be suspended from being a member of his Majesties Council.

Thereupon his Excelly the Governor by and with the advice of His
Majesties Council Declared that the said Edmond Porter E^' to be and
stand suspended from being a member of His Majesties Council of this
Province till his Majesties pleasure Ix? known therein and he is hereby
suspended accordingly

His Excelly orderers the latter Part of Mr Porters answers to the Gov-
ernors Charge to be Read which was done and then desire<l Gent" of
the Council to relate the truth of that aifair who thertnipon wrote and
signed a paper in the words following Viz'

CX)LONIAL RECX)RDS. 413

M' Porter Came into Council yesterday and gave the Governor an
Open letter whicii he begged he would Read for he had left it behind to
l>e Delivered in Case he should not have been there upon which the
Governor Declaretl he would Recieve no Letter from M' Porter and then
took it up and threw it into the fire and as we think as the I^etter was
upon the toss M' Porter called out it related to the affair and then after-
wards with heat Just at the Council house door said that it was his
Defence and that he had a Copy to shew of it which paper was signed by

JOSEPH JENOURE '
ROBERT HALTON
MATHEW ROWAN
CORN- HARNETT
EDM** GALE
JOHN LOVICK &
JOHN BAP ASHE
who before he signed entred the following Viz*

Excepting as not hearing the following words and then afterward and
following the End of the above writing and adding as hearing moreover
the Governor say he would burn them if they were a Bushell of them
for he would recieve no Letter from him

By order

RBT FORSTER Clerk Con"

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 22* day of
January Anno Domini 173^

Present
His ExcelU George Burrington Esq' &c
^Joseph Jenoure Matthew Rowan ^ i^ « itr u

The Honoble

y

Robert Hal ton Corn* Harnett ■ « , . ^ . .
) Jo' Bap* Ashe John Lovick ( P 1

1^ Edm' Gale

His Excelly the Gov' by and with the advise and Consent of his Ma-
jesties Council having Suspended Edmond Porter Esq' Comissioned from
the Right Honoble the Lords of Admiralty for several Notorious Crimes
fully proved against the said Porter as a Judge His Excelly thereupon
desires the Council to Recomend a proper person to act as Judge of the
Court of Vice Admiralty within this Province till His Majesty or the
Rt Honobles the Lords of Admiralty their Pleasure be further known
And they acconlingly Recomended Edmund Gale Esq'

414 COLONIAL RECORDS.

His Excelly thereupon w ith the advice and cx>nsent of His Majesties
Council Doth Constitute and ap]K)int Edmund Gale Judge of the Couit
of Vice Admiralty for and within this Province till his Majesty of the
Right Honoble the Lords of Admiralty their Pleasure be further Known.

Ordered that a Comission pass the seal Constituting and appointing
Edmund Gale Esq' Judge of the Court of Vice Admiralty within this
Provincx? till His Majesty or the Right Honoble the Lords of Admi-
ralty their pleasure be further known.

Resolved that a Comission issue directed to M' Coll Robert West M'
Francis Pugh M' Thomas Bryant M' John Spier and M' Thomas Hear-
ney api)ointing Comissioners for the Indian Trade for and within this
Province

Ordered that the Marshall have Notice to Summon each Member of

his Majesties Council within this Province to attend His Exi'elly in

Council at the Council Chamber in Edenton the last Tuesday in March

next

By order

ROB* FORSTER Cler Con«
George R

Trusty and well l)eloved We Greet you well Whereas we have taken
into Our Royal Consideration the Loyalty Integerity and ability of our
Trusty and well beloved Nathaniel Rice Esq' We have thought fit hereby
to authorize and Retjuire you forthwith to cause Letters Pattents to be
passed under Our Seal of that Our Province of North Carolina for Con-
stituting and appointing him the said Nathaniel Rice Secretary and Clerk
of the Crown of & in our said Province To have hold Execute and Enjoy
the s* Offices during our Pleasure and his Residence within our said
Province together with all and singular the Rights salaries Fees Profits
Privilidges and Emoluments thereunto belonging or appertaining And
for so doing this shall be your Warrant And so we bid you farewell
Given at our Court at St James's the Thirtveth dav of November 1730
In the fourth year of Our Reign

By His Majesties Command

ROBERT NEWCASTLE

To Our Trusty and well lieloved George Burrington Esq' our Cap* Gen-
eral and Governor in Chief of our Province of North Carolina in
America. And in His absence to our Comander in Chief or to the
President of our Council of our said Province for the time lieing

COLONIAL RECORDS. 415

North Carolina — ss.

Att a Council held at the Council Chamber in Edenton the 28"* day

of March Anno Dom 1732

Present

His Excelly Greorge Burrington Esq' Gov' &e

{Joseph Jenoure^ tt* « ht u r tt-
John Lovick I ^ }^f^I^ "^ .^'s
Edm'Gale j Majesties Council

The Council met and adjourned till Thursday Morning next at Ten of
the Clock in Expectation of more members Coming to Council.

Thursday March y* 30**»

Present

His Excelly George Burrington Esq' Gov' Ac

{Joseph Jenoure^
John Lovick vEsq" Members of His Ma**** Council
Edm* Gale j

His Excelly the Gt)vernour desired this Board to give him their opin-
ion whether it would be safe to proceed with the present Assembly since
he was prevented from meeting them on the day appointed by Law for
their Convention at first

The Council thereupon gave their Opinion unanimously in the Nega-
tive and it was their advic^e and Consent that the said Assembly should
be Disolved. To which his Excelly consented

Resolved that the present Assembly l^e Disolved and a Proclamation

Issue accordingly

Bv order

RBT FORSTER Cler Con''

At a Council lield in the ('ouncil Chamber in Edenton the 3* day of

April Anno Dom 1732

Present

His Exi'elly George Burrington Esq' Gov' &c

r,^, rr 1 1 ) T I T ' • 1 ( Esq'" Mcml^crs of His
1 he Honol)le< John Lovick > A . .- r^ m

(Fxlm'Gale j Majesties Council

No more members of Council yet appearing His Excelly the Govern-
our declared that Col Rol)ert Hahon a member of this Board has his
Leave to be absent this (l?ouncil.

His Excelly the Governour delivered in at the Board the following
paper which was Read and ordered to be Entered in these words Viz*

Gent" of the Council

You that are here must remember that the last dav that the Council
sat in January past I ordered the Deputy Marshall M' Maokey to sum-

416 COLONIAL RECORDS.

raon all the Members then present to attend the Council appointed to be
held the last Tuesday in March following being the first day of this
Court and as it was well known that much business lav before the Board
the Treasurers for the several Precincts having filed their publick
Accounts which I designed to have had Examined before the constant
business of the Council and Chancery came on I have now waited from
Tuesday last the Day named for their meeting to this when the Court of
Chancer}' Should sit and there being no likelyhood of any other mem-
bers attendance I am oblidged to adjourn the Business of Chancery over
and Do dismiss all the Suitors The rules of the Court requiring no less
than five Members to l>e present, .What injury that must be to the
People who have Travelled far and have attended at great Expencc I
must be forced to Represent home I have received several Complaint
against some of the officers and others for Male practices which I would
have laid before the Council for their Enquiry if there had appeared a
sufficient Number of Members but these & all other Matters must be
Deferred to the next council which I will apjxjint to \ye. on the third
Tuesday in May

Ordered That the mai'shall have Notice to Summon every Member of
His Majesties Council to api^ear at a Council to be held at the Council
Chamber in Edenton on the Third Tuesdav in Mav next

Bv onler

RBT FORSTER Cler Con*

North Carolina — ss.

At a Council held at the Council ('haml)er in Edenton the 6*** day of

April Anno Dom 1732.

Present

His Excelly George Burrington Esq' Gov' &v

•^ni tT 1 1 ) T u T • 1 ( Esq'' Members of His
Ine Honoble< John l^ovick > Vc • *• r^* -i

(Edm'Gale j Majesties Council

His Excelly the Governour by and with the advice of His Majesties

Council and in pursuance of His Majesties 56 Instruction doth order

that a Comission pass the seal of this Province constituting John Palin

Esq' Chief Justice the present meml)ers of his Majesties Council and the

assistants Justices Justices for holding a Court of Oyer and Terminer

and General Goal Deliverv for this Province on the second Tuesday in

June next and that a Clause he added in the said Comission to Impower

the Cheif Justice or any three of the members to be a Quorum to hold

the s* Court

Bv order

RBT FORSTER Cler Con*

COLONIAL RECORDS. 417

The Honoble^

Esq" Memlx3rs
y of His

Majesties Council

At a Council held at the Council Chamber in Edenton the 16"* day of

May Anno Dom 1732

Present

His Exeelly George Burrington Esq' Gov' &c

Joseph Jenoure
Robt Halton
Matt Rowan
John Lovick
EdniGale

Read the Petition of the south side of Roanoke River Fishing Creek
and places adjacent praying to have a New precinct Erected from the
County line on the south side of Roanoke River and from thence down
the South Side of Said River to the mouth of Conoconaro from thence
in a Straight Line down to Blounts old Town on Tarr River observing
the Courses of said Line to Neuse River and from thence to the North
East Branch of Cape Fear River with such Powers and Privilidges as
other precincts within this Province have and Enjoy.

His Exeelly the Governour taking the said Petition into Consideration
and from the several Reasons contained therein and by and with the
advice and consent of His Majesties Council Doth hereby Ordain make
and sett off the bounds above mentioned Viz* from the Country Line on
the South side of Roanoke River and from thence down south side of
said River to the mouth of Conoconaro from thence in a Streight line
down to Blounts old Towne on Tarr River observing the Courses of said
Line to Nuse River and from thence to the North East Branch of Cape
Fear River into a precinct which is hereby Distinguished by the name
of Edgecoml)e precinct & invested with all such Powers and Priviledges
as other precincts have or enjoy untill a further Division of precincts or
Counties be made

His Exeelly the Governour by and with the advise & Consent of This
Board doth order that a Comission pass the seal of this province Consti-
tuting and appointing Col° Henry Gaston, Major James Millikin, Doc-
ter James Thompson, Capt John Pratt, Joseph John Alston, Docter
John Bryant, John Hardy, James Speir Francis Elleby, William Kane,
John Pope and Edward Young Justices of the Peace for and within
Edgecombe precinct with all such power and Priviledges as other Justi-
ces have and enjoy in any Precinct within this Province.

Ordered that the Justices of the Precinct Court of Ekigecombe do sit
and hold the said Precinct Court on the third Tuesday in the months of
August November February and May yearly.

53

418 COLONIAL RECORDS.

Several of the Members for Bertie Precinct being now in the Commis-
sion of the peace for Edgecombe precinct His Excell^ the Governour
thereupon with the advice of his Majesties Council Doth order that a
Comission of the peace pass the seal of this Province Constituting and
appointing Col** Rol)ert West, Benjamin Hill, John Bondc Thomas Bry-
ant John Speir John Holbrook William Lattermoor Thomas Kearney
James Lockhart Francis Pugh Peter West Eklmund Smithwick John
Edwards John Harrell Needham Bryant and John Soan Justices of the
Peace for and within the Prect. of Bertie.

His Excelly the Governour desired tlie Opinion of this Board Whether
he should proceed to state the publick accounts. Who are of the Opin-
ion that the said Accounts should be left till the arrival of His Majesties
Rec' General & Auditor of this Province.

His Excelly the Governour with the advice of His Majesties Council
doth order that a Comission and Ded' pass the seal of this Province con-
stituting and appointing Roger Moore Richard Husbands James Tuness
Edward Hern John Davis Job How Hall Esq" Roger Haynes John
Marshall Hugh Blaning Joseph Clarke David Evans and Edward
Smith Gent Justices of the Peace for New Hanover Precinct in the
County of Bath within this Province.

The Petition of John Lovick Esq' late Secretary of this Province and
William Little Escj' late Rec* General of the same was read in these
words Viz*

North Carolina — ss.

To His Excelly George Burrington Esq' Cap* General and Grovem'
in Chief and the Honoble the Council now sitting at Eklenton May
le*** 1732.

The Petition of John Lovick late Secretary of said Province and Wil-
liam Little late Rec* Greneral.

Whereas Mr Smith late Chief Justice of this Province has Exhibited
a Petition to the King against His Excelly the Governour therein also
accusing us with several things very Grosly and falsely insinuated (a
Copy of which Petition we having obtained) do lay the same before this
Honoble Board, and humbly b^g leave to declare Our innocence as to
the several matters so falsely charged against us And M' Smith in his
Petition having accused the Gov' not only of having skreen'd and pro-
tected us from prosecutions at Law for Male practices in Our offices of
Secretary and Rec* Greneral, but for participating within our Unlawfull
gains in the s* Offices.

COLONIAL RECORDS. 419

We do hereby solemnly declare that the same is utterly false and
Groundless and that we have so behaved that we were under no appre-
hensions of Prosecutions, and further that if we had, we should not have
dared to have made any such motion to him. And we also further De-
clare that we never made any present to the Governour upon that or any
other account, other than small matters as Neighbours which the Gov'
has returned in the like Civilitys : And as to the Lands sold the Gov-
ernour, which M' Smith seems to make such an Outcry about, the matter
was truly thus, We having as Commissioners for running the Boundary
Line betwixt this Government and Virginia pursuant to the order of
Council for it, taken up about Eight Thousand acres of Lands near the
mountains to Reimburse us for our Expenoes in that service, which some-
time after the Gov" arrival we acquainted him with, who having heard
there was Lead Oar upon those Lands, told us, that if we would part
with them, he would purchase, them and give us such a price as any others
would, and we being very willing to part with the same (they lying at a
great Distance and out of the way) we agreed to let the Gov' have them
at double the value they originally stood us in, and Deeds were made of
the same to the Govern' accordingly and Publickly Executed, being
acknowledged in Open Court and we further Declare that we- are well
satisfied it was the value of those Lands, and that were they again our we
would part with them again for the same money. This we declare to be
Truth and are ready to make Oath thereto in Vindication of His Excelly
from so false a Charge, he having never threatned us about them, or used
any force or compulsion to make us part with the s* Lands, but it was
done Voluntarily & freely & a fair Purchase. And We humbly pray the
Gov' if His Excelly please to declare in Council upon Oath what he
knows of iLs relating to those matters which M' Smith has represented in
such a Scandalous & Malitious manner in his Petition afores''

J LOVICK
W» LITTLE

Thereupon the said John Lovick and William Little were Sworn in
Council to the Facts mentioned in said Petition.

His Excelly the Gov' thereupon directed the Petition of M' Smith to
the King to be Read which was in these words Viz*

To The Kings most Excellent Majesty, &c

(This Pet** and y* Depooons thereon is in a book marke A B)

420 COLONIAL RECORDS.

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 25*** day of

July Anno Dom 1732

Present

His Excel ly George Burrington Esq' Gov' &c

rpi XT ui ) T u T -1 ( Esq" Members of His
Ihe Honoble< John Ijovick > ^r • x* r>i -i

(Edm-Gale j Majesties Council

The alx)ve members met in pursuance of the order of Council pass'd
the 17**" day of May I^ast and no more Members appearing His Excelly
thereupon adjourned the Board to Thursday the 27*** Instance

By order R F C C

Thursday July 27'**

His Excelly the Gov' and the Three Members above mentioned Met

and no more appearing His Excelly adjourned the Board to Monday the

SI** Instant

By order R. F. C. C.

Monday July SI"*

Present

His Excelly George Burrington Esq' Gov' &c

, wj 1 1 f Nath* Rice John Ijovick 1 Esq'' Members of His

( John Bap* Ashe Edm* Gale j Majesties Council

Col° Thomas Swann Treasurer of Pasquotank precinct appeared at
this Board and filed his Publick Aax)*" which is ordered to lye on the
table

Ordered that the Attorney General do prepare a Draught of a Comis-
sion for Erecting a Court of Exchequor to be I^aid before this Board on
the Last Tuesday in October next.

His Excelly desired M' Secretary Ricie and M' Ashe to Declare whether
they gave M' Smith the Ijate Cheif Justice any authority to Complain
against him to the King. Mr Ashe and M' Rice thereupon Desire<l His
Excelly to put the Question in writing which His Exct»lly did and is in
these words Viz* M' William Smith having presented a petition to the
Kings most Excellent Majesty against me which he says in behalf of
Assembly several Meml)ers of Council &c M' Rice the Secty and Mr
Ashe being two Meml)ers of the Council are desired by me to declare if
they appointed the said Smith to appear against me and Complain to the
King in the manner he the said Smith has done in his said Petition a
Copy of which is now on the Table oi» in any other manner

Mr Secretary and M' Ashe desired time to answer the above pa])er
which is granted

COLONIAL RECORDS. 421

Ordered that the several precinct Treasurers within this Government
do attend this Board on the Last Tuesday in October next and Exhibit
their publick Aoco*"

Adj* till to morrow morning at Eleven of the Clock

Tuesday August !■*

Present

His Excelly George Burrington Esq' Gov' &c

{Nath* Rice "j Esq'* Members
Jno Bap* Ashe > of His

John Lovick j Majesties Council

Mr Secretary Rice delivered the following paper in at the Board Viz*
NM

His Excelly the Gov' Read a Paper directed to M' Secretary Rice
which he ordered to be Entered and is as follows Vizt N® 2.

His Excelly the Governour caused to be Read a Writing containing
several Articles of Complaint concerning the Conduct and proceedings
of Jno Montgomery Esq' His Majesties Attorney General of this pro-
vince which is as follows Viz* N® 3

Ordered That the Attorney General be served with a Copy of this
and that he make answer thereto at the Council to be held on the Last
Tuesday in October next.

His Excelly the Governor directed Col Thomas Pollock (who was one
of the Committee appointed by the Last Assembly to draw up the state
of this Province to be represented in England &c to declare whether he
gave M' Smith Late Chief Justice of this province any orders to Com-
plain to his Majesty against him who answered that he gave M' Smith
no Orders nor did not know that any of the s* Committee did and being
asked if he had notice to appear at the said Committee answered that he
never had nor never knew they did meet

Adj* till tomorrow morning at Ten of the Clock

Wednesday August 2*

Present

His Excelly George Burrington Esq' Gov' &c

T'K TJ n / Nath* Rice John Ix)vick \ Eisq'* Members of His

Ihe rtonobJe | j^^^ ^^^, j^^^^ y^^^ ^^^^ | Majesties Council

His Excelly the Governour delivered at the Board a Paper in answer
to M' Rice and M' Ashe which was read in these words Viz* N® 4

By order R F C C

COLONIAL REOOEDS.

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 7* day of
October Anno Dom 1732

Present
His Excelly George Burrington Esq' Gov' &c
Ti IT i_i ( John Lovick 1 Emi' Members of His Majesties
Tl,eHoiK,ble|j^,^,Q^I, | ^ Counril

The Honoble George Rhenny Es(|' Surveyor General of His Majesty's
Customs of the Southern District of N° America being appointed by his
Majesty's Royal Instnictiona a Member of Council within this Province
appeared this day at the Board and took and subseril)e<l the several Oaths
by Law appointed for Qualification of Publick officers as also the Oath
of a Councellor and took his place at this Board accordingly
Present
The Honoble George Rhenny Esii'

The other members of his Majestys Council not appearing this day
according to sumons His Excelly adjourned the Board till to morrow
morning at Ten of the Clock for a fiiiler Board

Wednesday October 18*^
The Council met again

Present.
His Excelly Geor^ Burrington Esq' Gov' &c
( Geoi^ Rhenny "j
The Honoble < John Lovick VEsq" Menil>ers &c
{ Edm' Gale j
His Excelly the Govern' ordered the Marsliall to enquire whither any
more of His Majestys Coundl were come to Towne who returned for
answer there vas not Upon which His Excelly declared he had Busi-
ness of great consequence for his Majestys Service to lay liefore the Board
which if delayed would'prove injurious to the Province The Council
thereon prayed His Excelly to proceed His Excelly the Governour
acquainted this Board that Joseph Jeuoure Esq' His Majestys Surveyor
General of Lands for this Province was dead And His Majestys Service
at this time requiring that a fit person be appointed to succeed him there
being a great deal of Business in the Office to be done His Excelly
thereupon Keoommended John I^ovick Yaq' to be Survey' General in the
Room of the s^ Jenoure till His Majestys Pleasure should be known
therein who the Council unanimously approved of

Thereupon His Excelly the Govern' by and with the advice and Con-
sent of His Majestys Council doth order that a Commission pass the

CX^LONIAL RECORDS. 423

seal of this Province Constituting and appointing the said John Lovick
Esq' Survey' General of Lands within this Province till his Majestys
pleasure be known therein,

W" Little Esq' Rec' of the late Lords Prop'* delivered a Petition with
a Duplicate of Acco*" to the Gov' and Council which was read and the
same being Considered of the Boanl declared that they very well knew
that M' Little had always been desirous to have his Acco** past and not-
withstanding they had been so long with a Committee of Council to have
a Report made on them yet there has hither to no Report been made and
not the least Fraud appearing to us in these acco** It is the Oppinion
of this Board that M' Littles Petition be Entred and his Acco** lodged
in the Secretary Office to be Examined by the Members of His Majestys
Council and refered to the fartlier Consideration of a fuller Board which
Petition is in these words Viz* N° 1

His Excelly the Governour having laid before this Board a Lett' from
John Palin Esq' Ch Justice of this Province desiring Leave to resign
his Office of the Justice he being very sick & infirm and not able to
attend the Duty of his Office His Excelly thereupon Reoomended W*
Little Esq' as a fit person to succeed the said John Palin as Chief Jus-
tice of this province who the Council unanimously approved of

Thereupon His Excelly the Governour by and with the advice and
consent of His Majestys Council doth order that a Com' pass the seal of
this Province constituting and appointing the said W™ Little Chief Jus-
tice of this Province till His Majestys Pleasure be further known.

His Excelly the Gov' desiring of the Council their Opinion if they
thought W™ Little Esq' a person proper to be C**" of the General Court
declared their approbation of him and that he be impowered to appoint
a C**^ of the said Court during his acting as Chief Justice.

His Excelly the Governour recomended Roggr Moore John Worley
William Owen, Mackrora Scarborough and William Badham Esq'* As-
sistant Justices of the General Court of this Province who were approved
of the Council.

His Excelly the Governour with the advice and^ Consent of the Council
doth order that a Comission pass the seal of this Province constituting
and appointing the s* Roger Moore John Worley and W™ Owen Mack'
Scarborough & William Badham Esq' Assistant Justices of the General
Court of this Province and that a Clause be added in the Comission that
in Case the Justice should be sick or absent that any two or more of the
assistants should be a Quorum to sit and do Business.

His Excelly the Governour delivered a Paper to this Board w*** was
read in these words Viz* No 2

424 COLONIAL RECORDS.

To which the Hoiioble the Council delivered in the following paper in
Answer thereto & is as follows A^iz* N° 4

John Ix)vick Esc|' took and subscribed the several Oaths by I^aw
appointee! for Quallification of Publick Officers as Survey' Greneral of
this Province.

William Little Esq' took and SubncrilxKl the Several Oaths by Law

appointed for Quallification of Publick Officers as Chief Justices of this

Province

By order R F C C

North Carolina — ss.

At a Council held at the Council Chamber in Edenton the 31** day of

October Anno Domini 1732

Present

His Excelly George Burrington Esq' Gov' &c

"I Nath Rice ) Esq" Members

e > ~

The Honoble V Robt Halton V of His

j Jno Bap* Ashe j Majestys Council

Adj* till tomorrow morng at Ten of the Clock

Wednesday Nov' !■*

Present

His Excelly Greorge Burrington Esq' Gov' &c

{Nath Rice Jno Bap* Ashe "j Es(i" Meml)ors
R Halton John Lovick > of His

Edm* Gale j Majestys Council

His Excelly the Gov' cause a Letter from Corn' Harnett Esq' to be
read which is in these words vizt N** 1

His Excelly the Gov' produanl a I^ett^r from Corn' Harnet Es<|' a
Member of his Majestys Council of this provinc^e desiring I^^iave of his
Excelly to Resign his place in Omncil.

John Montgomery Esq' His Majestys Attorney General in Ol)edience
to the onler of this Board the 31'' of July last Exhibited a Draft of a
Commiss" for Erecting a Court of Exchequer within this Province which
is onlei'ed to lye on the "Table for <Hjnsideration.

His Excelly the Govern' caused his Majestys 42* Instruction to be
read and desired the crouncil Opinion thereon, who taking the same into
Consideration are unanimously of Opinion that Every |>erson has thereby
a Claim to take 50 acres of Land for himself and for Every White and
Black person in his family he making Oath before a Magistrate of the
Number he Claims

COLONIAL RECORDS. 425

Upon Petition the Lihabit-ants on the south side of Moratoke River
that are not annexed to Edgecoml)e precinct praying that the Inhabitants
from Hoskins Line at the Rainbow Banks upon a Straight line to
Blounts old Town on Tarr River and so up Roa*^ River to the Line of
Edgecombe be added to Edgeconil)e prec* the council taking the same
into consideration do consent that the above Limits and bounds be added
to Edgecoml)e precinct

His Excellv the Governour bv and with the advice and consent of His
Majestys Council doth Establich and C(mfirm the Limits l>efore recited
to be within Edgecombe precinct

Orderwl that a Dedimus Issue constituting & appointing Capt John
Speir and Cap' William Whitehead Justices of the Peace for & within
Edgwombe precinct

Upon Petition of the Inhabitants on l>oth sides of the N** W^' river of
Cape Fear praying to have a New precinct Erected from ]VP Epraim
Vernons Plantation Exclusive thence to the midway Ixjtween the N° W
<fc N E Rivers keeping a Line of ec[ual Distance from both Rivers to
the heads of them for the N** & E bounds of the same and from the said
M' Ephraim Vernons to the nearest part of Wiccamaw River and so up
the said River for the S* & W' bounds. His Excellv the Governor bv
and with the advice and consent of his Majestys Council doth Erect and
make the l)efore mentioned bounds into a precinct to be hereafter Distin-
guished <t called Bladen precinct with all such rights and Privilidges as
other precincts within this province have and Enjoy. And it is further
Ordered that the s* precinct shall be & continue according to the above
bounds untill there shall l>e a further Division of other 4)recinct and
Counties

Ordered that a Comission pass the seal appointing and Constituting
Mat Rowan John Davis Nat Moore Corn' Harnett, Hugh Blaning
Joseph Clark John Clayton Epraim Vernon John Earle Richard Sin-
gletory James (.'amble & William Salter Justices of the Peace for and
within Bladen precinct which s* Justices shall sit & hold the Court for
the s** precinct on the third Tuesday in the Months of Decemlx»r March
June and September Yearly

Read a paper directed to His Excelly the Govern' sign by Nath Rice
& John Bap^ Ashe Esq" which is in the words Viz* No 2

To which paper His Excelly gave in the following Answer Viz* N° 3

Then His Excelly adj** the Board till tomorrow Morng Ten of the
Clock

o4

426 COLONIAL RECORDS.

Thnrsday Nov' 2*

Present

His Excel ly George Bumngton Esq' Grov' Ac

{Nath Rice Jno Bap* Ashe "j Esq" Members
Rob* Halton John Lovick > of His
Edm* Gale j Majestys Council

Read the Pet*" of Edward Moseley Esq' praying a warr* be granted
hira to the Snrv' Gen* for three Thousand One hundred Acres of Land
he having Sixty two white and Black persons in his Family

Granted the ^ Moseley proving his Right on Oath

Read the Petition of Roger Moore Esq' praying a Warrant may be
granted him for five Thousand acres of Land he having a Claim thereto
from the Number of persons his Family consist of

Granted the said Moore proving his Right

Read the Petition of M' John Porter praying a warr' may be granted
him for three Thousand one hundred acres of Land he having a Claim
thereto from the number of Persons his Family Consist of

Granted the s* Porter first proving his Rights

Read the Petition of John Lovick Esq' praying a Warr* may be
granted him for Seventeen hundred and fifty Acres of Jjand he having
a Claim thereto from the number of Person his Family consist of

Granted the s* Lovick first proving his Right

His Excelly the Gov' laid before this Board a Paper which was read
in these words Viz* No 4

Accordingly M' Martin Franks was called and declared on oath that
M' Ashe sometime last January told him he was going home this spring
to England and if any of his Countrymen would contribute any thing
to it he would represent their Grievances for that they would not be
imposed upon which the said Franks said none of his Countrymen would
give any thing to him upon that account but said if he would appear
about the Pollocks Land that the Germans would give him One hundred
and fifty pounds meaning money of this Country upon which the s* Ashe
declared he would not be concerned ip that affair

Read the Petition of the Inhabitants of Craven precinct in these words
Vizt N^ 5

This Board thereon are of Opinion that the matter properly lyes before
the Survey' General of the Customs and desire his Excelly to recommend
the same to him since it appears it will be of so much interest to the
Trade & settlement of that River

His Excelly the Govern' desired to know of M' Rice and M' Ashe
whether they were summoned to appear at the Council held the 17*** of

COLONIAL RECORDS. 427

Last Mouth who answered they were, but were prevented by sickness
from attending

Adj* till to morrow morning at Ten of the Clock

Fryday Nov' 3

Present

His Exoelly George Burrington Esq' Gov' &c

M' Rice M' Ashe

M' Halton M' Lovick

M'Gale

It is the Opinion of this Board that if any person claiming Lands for
the futui'e shall have a Right to any Quantity of I^and Exceeding 640
Acres as formerly or otherwise if it shall be more Beneficial or Conven-
ient to the parties to take out their Warrants or Grants in one parcel that
the fees actTuing to the several Officers be the same as if taken out in
seperate Tracts which may hereafter be at the Choice of the Parties
Claiming Lands And it is the Opinion of this Board that Every person
Claiming Lands on Rights proved and filed in the Sec'^ Office shall be
Exhihitcxl to have a Warrant or Warrants for the said Lands Granted.

Mr Ashe no answer to his Excelly Question yesterday put in the fol-
lowing answer thereto Viz* N* 6

Read the Petition of Comelious Harnett and Hugh Blanning Esq*"
in behalf of themselves and other relating to pine I^ands Lying near or
adjacent to saw mills which Petitions are in these words Viz* 7 & 8.

It is the Opinion of this Board that their prayer to the Grant of a
Ijarger* Quantity of Lands than is proposed by the Kings Instructions
cannot be allowed, but as they think the prayer in its self reasonable and
would at Great service to promote the Trade of the Country. His
Ex(«ny is desired to recommend the matter to His Majesty praying an
Instruction thereon and in the mean time it is ord* that no Warrants
shall be Issued nor pine Lands surveyed lying adjacent to or within Two
miles of any saw mill now Erected or which is actually Erecting or here-
after within any that shall be Erected or actually be Erecting till His
Majiwtys pleasure shall in favour of tlie purport matter of the s* Petition
then the Erectors of such saw mills have the Refusal of such Lands for
the use of such saw Mills

Adj* till to morrow morning Ten of the Clock

Saturday Nov 4

Pn^sent His Excelly &c

The General Court having sent to this Board a Copy of the Sentence
this day pronounced against Joseph Haynes and Ann Pettifer having
been capitally convicted of the Murther of John Pettifer

428 COLONIAL RECORDS.

His Excelly thereupon by and with the advice and Consent of his
Majestys Council doth order that a warrant Issue to the Provost mar-
shall or his Deputy to cause the said Sentence against the said Joseph
Haynes & Ann Petti fer to be put in Execution according to Law on
Monday next between the Hours of Ten and Two

Mr Attorney General Having nmde a Motion for a Writt of Enquiry
to discouver what goods and Chatties Anne Pettifer was Seized of at the
time of the said Annes Conviction of Petty Treason for aiding and En-
couraging Joseph Haynes in the Murther of John Pettifer her late Hus-
band The Board Thereupon refers the matter to the consideration of the
Ch Justice and his Assistants

His Excelly the Govern' delivered the following pai)er which was read
& is in these words A^iz* N° 9

At a Council held at the Council Chamber in Edenton the 7*** dav of

Noveml)er Anno Doni 1732

Present

His Excelly George Burrington Esq' Gov' Ac

{Nath Rice John Bap** Ashe^ Esq'' Members

Robt Halton John I^ovick > of His

Edm"* Gale j Majesties Council

The Draft drawn by M' Atto Greneral for Erecting a Court of Ex-
chequer was this day read and refer^ to the Consideration of M' Sec^
Rice & M' Lovick Members of this Boanl and the Chief Justice for tlie
time being who are to make their Report thereof at their next sitting on
the Last Tuesday in Deoeml^er next *

Ord* That a Comission pass the seal of this province (in pursuance of
His Majestys Royal Instructions) Constituting and appointing the Chief
Justice for the time being the Members of His Majestys Council and the
Assistant Justices of the General Court Members of the Court of Oyer
and Terminer to be held for this Province on the second Tuesday in De-
ceml)er next

Read the Petition of John Bap** Ashe Esq' praying a Warrent may
l>e granted him for Two Thousand of Land he having a Claim thereto
from the Number of persons his Family consist of

Granted his proving his Rights.

John Montgomery Esq' produced to this Board a Deputation from
James St John Esq' Appointing the said John Montgomery Deputy
Inspector & Comp' of His Majestys Quit Rents within this Province
which was read and alloweil of.

COLONIAL RECORDS. 429

Wednesday Nov' 8th

Present

His Excelly George Bnrrington Esq' Gov' &c

{Nath Rice Jn* Bap** Ashe^ u « tit u rw
Rob'Halton John I^oviok t Esq" Members of H.s
Edm'Gale j Majastys Council

Read the Petition of the Inhabitants of the Town of Newberu & pre-
cinct of Craven Shewing &c N* 10
Refer^ to the next council

1733.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 33.]

CAPTAIN BURRINGTON'S REPRESENTATION OF THE

PRESENT STATE AND CONDITION OF NORTH

CAROLINA JANUARY 1* 173§.

To the Right Honourable the Lords-of Trade and Plantations.
May it please your Lordshii^s,

I do myself the honour to send the Lords of Trade, an account of the
present state, and condition of North Carolina ; which continues in per-
fect quietness; Peace, and good order subsist throughout the whole Pro-
vince. I beg leave to assure your Ix^rdships; this is oweing to my
industry, and care, in vissiting the several districts of the Government;
by adviseing, and encourageing the Magistrates faithfully to discharge
the duty of their offices ; countenanceing and assureing them by my own
presence frecjuently, in the Precinct Courts; this Method, to me very
troublesome and expensive, has proved eiFectual, in resetling the Author-
itys of the Judicatures, and restraining Profligate, lawless men, from
unruly Actions.

There is not one clergyman of the Church of England, regularly
setled in this Government. The former Missionarys were so little ap-
proved of, that the Inhabitants seem very indifferent, whither any more
come to them.

Some Presbyterian, or rather Independent Ministers from New Eng-
land have got congregations, more may follow ; many of them being
unprovided with liveings in that Country ; where a Preacher is seldom

430 COLONIAL RECORDS.

pay'd more thau the value of twenty Pounds sterling a year by his
Parishioners.

The Quakers in this Government are considerable for their numbers,
and substance ; the regularity of their lives, hospitality to strangers, and
kind offices to new settlers induceing many to be of their persuasion.

Plantxitions continue to sell very cheap, those with Houses, Bams,
Orcliards, Gardens, Pasture, and Tillage grounds fenced : yield about
thirty or forty pistoles; Notwithstanding the work done upon them, oft'
times has cost four times as much. The reason why they yield no more
is, that several People chuse to remove into fresh Places, for the Benefit
of their Cattle, and Hogs, which is a great convenience to new Comers,
who may always buy convenient settlements; for less mony then the
buildings, and other improvements could be made.

A few years past a Planter removed from Virginia into this Govern-
ment, he bought eleven inhabited Plantations, adjoyning each other in
the old settlements ; on the said Plantations lived almost one hundred
white People wlien I was here formerly, now all removed into new set-
tlements, this Purchaser has no white Person in his family except a wife,
and not more then ten Negroes, yet keeps all the Plantations in his own
management; by this and many other instances I am able to give, it
appears how easy a man that has a little mony may purchase much Land
in North Carolina.

The Trade of this Country is on so l>ad a footing, that it is thought,
the People who traffick with tlie New England and Virginia Merchants,
loose half the value of their goods; the way to remedy this, will be to
open a Port on Ocacock Island, more fully shewn in former writ^ings.

It is by most Traders in London believed, that the Coast of this
Country is very dangerous, but in reality not so. There are no more
than three shoals in about four hundred miles on the sea-side. Cape
Fear river, Beaufort & Otacock are very gocxl harbours, will admitt the
largest Merchant ships, as may be seen by the Drafts of these places,
made by my orders, and sent the Lords of Trade.

Great is the loss this Country lias sustained in not being supply'd by
vessells from Guinea with Negroes; in any part of the Province the
People are able to pay for a ships load ; but as none come directly from
Affrica, we are under a necessity to buy, the refuse refractory and distem-
pered Negroes, brought from other Governments; It is hoped some
Merchants in England will speedily furnish this Colony with N^roes,
to increase the Produce and its Trade to England.

COLONIAL RECORDS. ^31

I had been almost a year in the (rovemmeut, before People began to
enter liand. Edward Moseley Surveyor General for the late Iionh Pro-
prietors, and his Deputys; more e8i)ecually M' John Ashe, one of them,
(now in the Council) had been guilty of many vile frauds, and abuses in
surveying, one of their Practices was, to survey without Warrants for
Gratifications; to men that enquired into the validity of those Surveys
the Deputys answered, they were right and good. Near upon a year
since, M' Rice the Secretary entered some I^nds held in that manner and
keeps them ; this put several men who had no other Titles than the
Deputy Surveyors could give them, upon makeing proper entrys; many
others have them still to make, of I^ands they have been in Possession
of seven or eight years, without paying Quit rents.

The Meth(xl I take in signing Warrants (relat<Kl in a former Paper)
has effectually put an end to unfair Practises in takeing up of land, too
much used formerly ; as the old Land Jobbers are now restrained from
getting mony, by selling Warrants, and Entrys, they complain, but all
the fair dealing honest men approve & commend what is done.

Upon application from some men who imploy their slaves chiefly in
makeing Tar and Pitch, that less quantitys would be made and their
business cramped, if they were not permitted to take up more then fivety
Acres, for each P(»rson in their Familys. I was prevailed upon to sign
Warrants, for a small quantity beyond that complement, the land was
barren and unfit for cultivation.

In this Country is a Law called the Lapse Act, which seems to allow
every man the lilxjrty to take up 640. acres, and it was never refused
any one, in the time the Proprietors held this Province, I will be care-
fid to observe the Instructions on on this head in signing warrants.
Before I am honoured with an answer to the Rejwrt made last year and
know what Laws will l>e (»ontinueil and which repealed.

A Gentleman liveing in Virginia, reputed rich, and owner of above
one hundred slaves, desired to enter five thousand acres of land, part of
a Savanna between Panticough and Nuse River, I went to view this
Place, and think I never did ride over worse land, I granted the Gen-
tleman's request, am not able to judge what use he designs to put it to,
in my opinion the whole is not worth one shilling. There are millions
of acres of Savanna Land in this Country, if they were taken up the
King's rents would l>e much increased.

The Instruction for takeing up land (if not alter'd) will greatly
obstruct the Peopleing of this Province. Not an hundredth part of the
grounds are Plantable; the barren Pine lands will never he cultivated;

132 COLONIAL RECORDS.

the several sorts of wet lands, called in these parts, Dismals, Poooeans,
Swamps, Marishes and Savannas cannot be cleared and drained, without
great charge, and labour, therefore not hitherto attempted.

The sure way to increase the Quitt rents, will be to allow all men
liberty to take up what quantitys, of these barren and wett lands they
are willing to pay the rent off, without being tyed down, to obligations
of cultivateing soils, that cannot recompense the charge of any labour.
It is obvious to all men, how prejudicial it must prove to this Colony,
should the Quitt rents be higher here, then in all other Governments,
from this Place even to Nova Scotia Where only the good lands to be
taken up, the Quitt rents will increase but slowly ; but if all the poor
lands were Patented the Revenue ariseing from them will amount to a
considerable sum.

I am able to demonstrate, that the two Provinces of North and South
Carolina contain above one hundred Millions of Acres.

It is computed at this time, not five millions are Patented in both
Countrys.

Land is not wanting for men in Carolina, but men for land.

Several Saw mills have been lately erects in the South Parts of this
Government and others are now buildings Two Petitions were deliv-
ered to me in Council, the third day of November last, on behalf of the
subscribers and other Proprietors of Saw Mills; praying Grants of Pine
Lands lyeing near their respective Mills; which is deferred to such time
as I can receive orders about it.

The granting five thousand acres or more, to each owner of a mill,
cannot be a prejudice to any person, and may increase the quitt rents, one
or two hundred pounds "^ annum.

The Petitions and resolve of Council in Answer are incerted in the
Journals.

The Reputation this Government has lately acquired, appears by the
number of People that have come from other Places to live in it. Many
of them possessed of good American Estates. I do not exceed in sajnng
a thousand white men have already settled in North Carolina, since my
arrival, and more are expected.

This increase of Inhabitants^, made it necessary to erect new Precincts.
On receiving Petitions from those that lived remote from Court Houses,
setting forth the hardships they laboured under, in being at great ex-
pences, and loss of time in attending Courts from great distances, to ease
these People, three new ones have been made, the bounds are incerted in
the Council Journals.

COLONIAL KECOllDS. 133

I have taken great care and gone thro' much fatigue iu settling tha
Militia; which had l>een totally neglected, dureing Sir Richard Everard's
administration ; two Colonels dyeing last summer prevented my receiv-
ing lists of their Regiments. In November last I sett out in hopes to
have finished that affair but was prevented by a severe frost that came
on afler I had began my journey ; the way I was to travell not being
passable for Ice, that covered the brooks and low grounds. The Mili-
tia I am certain consists of five thousand men, and there are at least
another thousand not enrolled. I compute the White men, women, '
and children, in Noith Carolina; to be full thirty thousand, and the ^ '
N^roes about six thousand. The Indians, men, women and children,
leas then eight hundred.

The last Spring and Summer proved excessive hot and dry, which ren-
dered this and neighbouring Provinces very sickly, Feavers and bloody
fluxes made great havock among the People; violent heats and want of
rain, damaged the crops so much that there is scarce sufficient grain made
this year, to suffice the Inhabitants who usually exported great quantitys.

M' Palin .... succeeded M' Smith as Chief Justice of this Province,
upon the departure of the last for England, being incapacitated by sickness
to attend the business of that Office, resigned ; with the approbation and
consent of the Council; I appointed M' Little Chief Justice because
there was no other Person in this Government capable of duely execute-
ing that Imployment. This Gentleman was Attorney General, and
Receiver of the Quitt rents, to the Lords Proprietors; is heavily charged
by Sir Richard Everard, and M' Smith, with accusations of (X)ncealments
and embezzlements, amounting to a great sum, but it is well known he
never received by the sale of lands, and for Quitt rents in this Province,
the value of one thousand pounds sterling. I think the accounts he has
delivered are fair and just, much is said in my answer to M' Smiths
cH)mplaints upon this subject, therefore will add no more, then that I
think he is an honest man, and am sure he is a very good lawyer, and
in all respects well qualified to discharge the Office of a Chief Justice,
in North Carolina.

After the decease of Col : Joseph Jenoure, Surveyor General of his
Majesty's Lauds, M' Lovick was appointed to succeed him ; this gentle-
man is also virulently attacked, by the Knight and Squire before named;
not for that M' Little and M' Lovick had in particular done ill ; but
because they refused to joyn with them, and others (tho' much sollicited)
in carrying on the Designs formed against me. M' Lovick can be of sing-
ular use and service, in the next Assembly, by helping me to draw Bills,
55

434 COLONIAL RECORDS.

being on the conferences between the Council and Assembly, and many
other ways. It is impossible for one man to do everything requisite
during the sitting of an Assembly, as maintaining all the Debates and
writing all Papers that pass on those occasions. If M' Ix)vick does not
assist, it will fall to my lot to have all that to do; the other Members of
the Council are not inclined or not capable of giving me sufficient assist-
ance on those occasions. Therefore hope M' Lovick will be continued
in his present imployment, or obtain some other when a vacancy hap-
pens, to reward the services he has and is able to do the King in this
Province.

The Act for resurveying I^and in this Country is framed artfully and
fraudulently, if the Law is rej)ealed, and everj^ man has liberty to resur-
vey, at his own expence, any Plantation, where he knows more Land is
held, than specified in the Patent, & have liberty to take up the over-
plus; a multitude of frauds and concealments will be discovered, and
the Quitt rents increased without putting the King to any charge.

I have been informed Mosely when 8ur\'eyor, did make Surveyes in
his own House, & plotted out Land upon paper, with bounds by waters,
trees, and other signs, and tokens, that he never saw, nor knew anything
off, includeing much more than in the Returns set forth, for which Patents
went out in Course. By all I can hear, his deputys seldom measured,
but contented themselves to mark two Trees in front for corners, and
then guessed the other bounds, and so returned the Pretended Sur\'eys
into the Secretary's office.

A Commission was drawn for the erecting a Court of Exchequer, and
layd before the Council last November ; several objections being made to
it, the present Chief Justice, with two of the Council, we appointed to
consider thereof, make alterations if they see c«use, and lay them before
the next C(»uncil to be considered ; in the meantime, the Lawyers in
Virginia, have l^een desired to give their opinions, upon several matters
we are not clear in.

It is thought by every man here, that this Country is not without a
Court of Exchequer at this time; the General Court of this Province
under the Proprietors, had the powers, of the King's Bench, Common
Pleas, and Exchequer granted them ; which Court is no ways altered, but
invested with as fiill Powers as heretofore.

All the time Sir Richard Everard governed this Province, the Pub-
lick Roads were in a manner unregarded, one markt by my order when
Governor for the Proprietors, from Nuse to Cape Fear River, about one
hundred miles in length remained unwrought upon. The last summer

COLONIAL RECORDS. 435

I prevailed upon the men Hveing in tliat part of the Country, to take
in liand that necessary work which was chearfully and effectually per-
formed, Bridges lay'd, and Causeways made over all the Waters, and
Morasses; it is the way men travel, that go from this, and the more
Northern Governments into South Carolina.

Having succeeded in that affair, I made a journey to the Inland parts,
and proposed to those People niakeing a Road from the Borders of Vir-
ginia, to Cape Fear River, through the middle of the Country, a consid-
erable distance higher then the former, which they readily assented to,
proper measures are taken for marking and laying out the said Road
this winter, I hope to see it perfected before the next Christmas.

The old Highways that I found very much in decay are tolerably well
repairal ; what remains wanting to he done on them, will be easily com-
pleated in the ensueing Spring.

Nothing has been done in res|)ect to the boundary between this Gov-
ernment and South Can)lina; if a line is run, it must prove a great
expenw to the King, Pedee River will be a natural and proper division,
that Water being made the Bounds of each Province, South Carolina
will contain double the quantity of I^and left to North Carolina, the elder
settlement. What I formerly wrote upon this head, and now in some
measure repeat, is purely to save His Majesty an unnecessary expenoe.
But if His Majesty gives order for a line to be run. Money must be pro-
vided before we can Ix^in the work, the charges will not be less in my
opinion then three thousand pounds sterling.

There remain in the Government M' Rice, M' Halton, M' Ashe and
M' Rowan appointed Councellours in the King's Instructions one more
viz. M' Eleazar Allen, I have never seen, he was lately Clarke to the
Assembly of South Carolina. I hear he designs speedily to settle on his
Estiitc in this Country; the former exception against his sitting in the
Council here, by reason of the Imployment he held in South Carolina,
ceased, by the appointment of another to that Plage.

Sinc« my hist account of the Council, Colonel Jenoure departed this
life, and M' Cornelius Harnett resigned, to make up the number of
Councellours seven I swore Colonel William Forbes a Member, the chief
Justice when appointed in England M' James Tunes, M' Thomas Pol-
l(K^k, M^ William Owen, and M' Mackrora Scarborough are fit persons
to fill up the Council. I believe M' John Baptista Ashe will bethought
unworthy to remain any longer therein, by every Person that reads the
Council Journals now sent.

M' Secretary Rice has openly placed himself at the head of my enemys,
sets his name to M' Ashe's compositions, as will be seen in the Council

436 COLONIAL RECORDS.

Journals, I think he has made it his whole business to create mischief,
and disturb the Administration, ever since he came into the Province,
M' Smith is able to unravel all this Mistery of iniquity having been a
principal actor.

The King's business in this Government will greatly suffer by the
Attorney General's want of capacity, and knowledge in the law. His
Majesty's service requires in that ofiBce, a very industrious, skilfull law-
yer, to assist and advise the Deputy Auditor and Receiver Grcnerall in
makeing a Rent Role, inspecting and examining the Titles of Lands
(which will prove a tedious and very difficult work) and to transact the
other business incident, and belonging to an Attorney General ; In all
these mattc»rs the present Attorney General M' John Montgomer}' is
without the recjuisite understanding. So much concerning him the Duty
of my Imployment demands.

Part of the King's business is delay'd by the absence of the Deputy
Auditor and RectMver General. No Quitt rents have been j^ay'd nor
accounts audited in North Carolina since His Majesty purchased this
Province.

North Carolina was little known or mentioned before I was Governor
for the Pn)prietors, when I came first, I found the Inhabitants few and
poor, I t(X>k all methods I thought would induce People to come from
other Countrys to settle themselves in this, and put myself to very great
charges, in making new Settlements in several Parts of the Government,
suc(«t^led acconling to my expectation in all ; Perfecting the Settlement
on Cape Fear River cost me a great sum of money, and infinite trouble.
I endured the first winter I went there, all the hardships could happen
to a man destitute of a house to live in, that was above a hundred miles
from a Neighbour in a pathless Country and was obliged to have all
Provisions brought by sea at great charges to support the number of men
I caryed there, paid and maintainc<l at my sole exi)ence it can hardly
l)e imagined what {Miins I took in sounding the Inlets, Barrs and Rivers
in this Province, which I pfirformed no less than four times; I discov-
ered, and made known the C-haniiellsof Cape Fear river and Port Beau-
fort, or Topsail Inlett, before uiiuse<1 and unknown. In attempting these
and other discovcr^^s bv I^nd & Water often run the hazard of drown-
ing & starving; and never obtained any other reward, or gratification,
but the thanks of two Assemblys in this Country ; For all the pains I
took and money I expended in carrying on, and compleating those enter-
prises. Horses and Cattle were of very little value in this Country
before Cape Fear River was ^Inhabited. As very few men came there

COLONIAL RECORDS. 437

provided with these creatures, they were obliged to come into the old set-
tlements to purchase them, which doubled the Prices, they sold att for-
merly, this still continues and will last some years longer, to the great
l)enefit of Persons who have large Stocks.

As the foregoing Paragrapli relates to myself in some measure, I have
carefully avoided, couching the same in a very extraordinary stile, if your
Lonlships are of opinion it ought to l)e explained or proved, either, or
l)otli, shall lie faithfully performed by

Your Lordships
Most humble

and most obedient Servant

GEO. BURRINGTON.

N** Carolina

the 1'* of January 173 J.

(Indorsed)

Rec** !■* June
Read July 25**^

j^a.}n33.

[B. P. R. O. Am : & W. Ind : Vol. 22. p. 148.]

N. Carolina the 1"* of March 1732.[3.]
May it please your Grace.

I have the honour with this letter to address a Representation on the
affairs of N Carolina to your Grace, I am very sensible of my disability
and incapacity of writing anything worth your Grace's reading, beg
leave to assure my Lord Duke that if he is pleased to direct this pro-
vince to be put upon the footing humbly recommended in the said Rep-
resentation, it will soon be much altered for the better, and become a
Country of Trade and Reputation.

Your Grace I hope has not forgot, that I made bold to mention a
suspicion I had of Coll. Bladens ill intentions to me, nor the generous
answer you were pleased to give (viz) that if I faithfully performed my
duty I need not fear any man ; I presume to mention this because it was
reported in London, I should very suddenly be turned out, the same has
been constantly said here and declared particularly by Mongomery the
Attorney General the first day he came

I think my self bound in duty to inform your Grace that M' Rice the
Secretary has neither attended the Councils nor his office I do all his
business except receiving the fees.

438 COLONIAL RECORDS.

The Chief Justice and Attorney General of this Province ought to be
Men of understanding and Ijawyers ; neither of the persons your Grace
bestow'd these places upon in this (Jovernment ever knew Law enough
to be Clarke to a justice of the Peace That there are People will con-
trive Villanys in this Country and can procure others to swear tlieni is
notoriously apparent by an inquiry, I lately made by order of the Lords
of Aiuiralty upon a complaint made by Edmund Porter to them against
several Gentlemen, and Planters, for designing to murther him, this
examination is sent to M' Fury for delivery to their Lordships.

Part of my Adversarys in this Government are subtle and Artfull,
others ignorant and hotheaded, the last I am certain will say, or swear
anything the others direct therefore, I humbly desire your Grace not t^)
cixnlit the inventions, or accusations of ill designing Men against me,
before I have an opertunity of justifyeing myself

I am

(with the greast Duty)
Your Grace's
Most humble

and most devoted Servant

GEO BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 9. a. 30.]

DUKE OF NEWCASTLE TO LORDS COMM" OF TRADE.

Whitehall, March 27»'» 1733.
My Lords,

His Majesty having been pleased to appoint Gabriel Johnston Esq' to

be Governor of North Carolina in America in the room of George Bur-

rington Esq'; I am to desire you will prepare draughts of a Commission

and Instructions for him, in order to l)e laid before the King for His

Majesty's approbation.

I am

My Lords

Your Lordships

most obedient

humble servant

HOLLES NEWCASTLE.
Ijds. Comm*" of Trade

COLONIAL RECORDS. 439

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 122.]

LORDS OF TRADE TO DUKE OF NEWCASTLE

5 APRIL 1733.

To His Grace the Duke of Newcastle

My Lord,

Having in obedience to His Maj. commands signified to us by Your
Grace's letter of the 27*** of the last month prepared a draft of a Com-
mission for Gabriel Johnston Esq" to be Governor of North Carolina in
America We herewith inclose the said Draft to your Grace with our
Representation thereupon which you will be pleased to lay before His
Majesty

We are

My Lord

Your Grace's

most obedient and

most humble serv*".

WESTMORELAND

T. PELHAM

P DOCMINIQUE

ED. ASHE

M. BLADEN

OR. BRIDGEMAN.
Whitehall

April 5«» 1733.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 46.]

RICE AND ASHE VS. BURRINGTON— ERECTION OF

NEW PRECINCTS.

M' Rice and M' Ashe to Lords of Trade 20*** April 1733.

May it please your Lordships,

His Excellency Governor Burrington pnxjeeding to appoint (there
being no apparent necessity) several new precincts, in most of which
there were very few Inhabitants, This as it was making to the surprizQ
of most People a very great and sudden alteration in the Constitution of

440 CX^LONIAL RECORDS.

the I^i.slature, as it would cjiiisc a very unequal Represen tuition of the
People, as His Majesty had not been advised or apply 'd to therein, as it
seemed to be directly contrary to one of His Majesty's Instructions, as
there was a violent suspicion that there were secret and by-ends aimeil at
therein, his Excellency himself writing and forming some Petitions for
such Precincits, and promoting them by much Art and persuasion, as we
susjK»cted one end or design in particular was, that it might be an ob-
struction or hindrance of the Assembly's proceeiling to business when it
should meet. These considerations moved us to offer objections and
reasons jigainst such a practice which objections are hereunto annexed as
also the Governor's Answer in which he has bestowed on us much
reproachful language and endeavoureil to misrepresent us as Persons
opposeing His Majesty's Prerogatives; a censure we think very unjust
in that we have and always shall carefully avoid the least opposition or
even so much as touching on them ; and to prevent his success in such
his endeavours, we have put the matter in a just and true light, & sul)-
mittiug it to your L*** Judgements, are
My Lords

Your Lordships most obedient
and most humble servants

2(y»» April 1733.

NATH. RICE
J. BAPT' ASHE

Reasons and Objections made and humbly offer'd in Council by Nath.
Rice and John Bapt* Ashe, two of his Majesty's Council, against the
dividing Precincts, and erecting new one by the Governour and Coun-
cil alone, with [out] the concurrence & assent of the Assembly.

L As every Precinct is to send a certain Number of Representatives
to the Lower House of Assembly, such a method may be destructive of
and subvert the present Constitution of the Legislature, which as it con-
sists of an upper and I»wer House, whose Powers and privil^es are
separate and distinct; they ought in such points to be independent either
of the other; more especially in so fundamental a one as is this of Rep-
resentation: For it stands to reason, that if a Power of altering the form
of Representation, either by adding to or diminishing the Number of
Representatives be lodged in the Persons of whom the upper House con-
sists, that then the Lower House, is dependent on and owes it's Being at
least the form thereof (which is in effec»t the same) to the Upper House;
by which means the Upj>er House will l)e solely (as it were) the whole
Legislature.

COLONIAL RECORDS. 441

As for instance: suppose the Governor and three of the Council on an
emergency to meet (we speak this by way of supjx)8ition and for argu-
ment sake,) and think it proper to divide a Prec^inct whose Inhabitants
for some particular ends may be at such Governor and Council's devo-
tion into ten Precincts; will not by this means a Majority be obtained in
the Lower House?

2. It is absurd to suppose that a power of the part should be greater
or indeed equal to that of the whole : Now as the Constitution of the
Legislature must lye antecedent to any Act thereof, it cannot be dej>end-
ent on any such Act, much less on an Act of part, as indeed by this
Method it would, in that the whole L^islature would owe its Being (at
least the form thereof which as we observed before is in effect the same)
to the Upper House : And this among others we take to be the reason
that the legislature of Great Britain avoid (tho' many are these the
inconveniences ensueing from unequal Representation) endeavouring to
remedy them or touching on so tender and constitutional a Point.

3. Another consequence of such a method extreamly absurd will be
this : An order of Governor and Council only will have force to super-
sede, repeal and annul a Law, For if By Law a Precinct is limited and
circumscribed by certain Bounds; if by an Order of Governor and
Council those Bounds are altered or taken away and new ones prescribed,
is not this in effect rej>ealing such Law?

4. We conceive such Business as it relates to the Constitution of the
Legislature, most properly to lye before the Governor, Council and Rep-
resentatives of the People in General Assembly, and as it is to be pre-
sumed, they are the mast competent judges when such Precincts shall be
necessary, so it is, that they will readily concur in erecting new ones, when
they shall be so judged to be for the good of the Publick and the bene-
fit of a competent Numl)er of Inhabitants.

5. We are of opinion that this method of erecting Precincts is not
only illegal and may be attended with many evil consequences but is also
not warranted by His Majesty's Royal Instruction, which forbids the
erecting new Judicatures, without his royal Licence ; Now by this Method
new Judicatures will be erected : But if it were done by an Act of As-
sembly, at the Prayer of the Representatives of the People, the same
would r^ularly come before His Majesty for his allowance or dissent.

6. We are the more confirmed in this our opinion of the illegality of
doing it without the consent of the Representatives of the People in
General Assembly from the general Practice of the neighbouring Gov-
ernments, more particularly Virginia where many precedents appear in

66

442 (COLONIAL RECORDS.

their printed I^ws of such busyness being done by their Governor
Council and Assembly ; And we are apt to believe our gracious King
(for we pretend not in the least to deny or even so much as to touch at
the Royal Prerogative) has given as full Powers to the Governor &
Council of Virginia, as to the Governor & Council of this Province;
nor can we think it the pleasure of our most gracious sovereign (who on
all occasions has shewn so tender a n^rd to us His People of this Prov-
ince) that the Constitution of the Legislature should Ixj on a more pre-
carious Establishment than that of others.

Governor Burrington's Paper in Relation to the Erecting of Precincts.

M' Rice and M' Ashe delivered a paper at the last Council containing
reasons and objections &c against erecting new Precincts, by Governor &
Council without the concurrence and assent of the Assembly : in this my
Answer I shall endeavour to refute their pretended reasons and objec-
tions. But first it may be proper to give some account of the Precincts
lately erected, and then to relate in what manner it has been customary,
to make Precincts in this Government.

Some time after I ciame into this Country with His Majesty's Com-
mission, the People inhabiting on white Oak river and Onslow river and
parts adjacent presented a Petition to me and the Council, praying they
might be erec»ted int4>, and made a new Precinct, the reasons the Peti-
tioners sett forth api)eareil so fair and just that what they desired, was
granted, viz* they were made a new Precinct by the name of Onslow,
which Precinc^t contains a square of above fifty miles, and will soon be
(in all likelihood) one of the most considerable in this Province.

The people on the south side Roanoak River and those on Tar River
petitioned about a year sine* to be erected into a new Pretunct, which was
also granted ; and is known by the name of Edgecombe Precinct, and
contains so much land that I hope in a few years to see two or three grow
out of it.

Another Precinct was established on the N. W. River above Cape
I Fear by the name of Bladen, on the Petition of the Inhabitants, this

last in process of time will be divided.

I omit setting down the reasons contained in the forementioned Peti-
tions because they are in the Council Office, and may be read by any man.

M' Rice and M' Ashe have by way of Discent given reasons and objec-
tions in writing, against making new Precincts, by a Governour and
Council without the concurrence of the General Assembly as if it was a

COLONIAL RECORDS. 443

new Practice of dangerous consequence, and tending to the destruction of
the Government Priviledges and Libertys of the People of this Province
&c. Notwithstanding M' Rice and M' Ashe present and insinuate that
the erecting new Precincts by a Governor & Council is an innovation and
a breach in the Constitution of this Government. I shall prove the same
has been usual, and the constant custom from almost the first settlement
of this Province, and sure T am, that the Inhabitants have enjoyed the
fullness of Liberty, under this form of Government, without apprehen-
sion or suspicion of being deprived of so valuable a Blessing; but now
it seems, M' Ashe has made a disc»overy and let M' Rice into the secret
(viz*) that the present Governor and Council have for the ease of the peo-
ple in several parts of thisProvin(« acted in like manner, as former Gov-
A. ernors and Councils did upon the very same occasions (I think to their

just praise) And it came to pass that a paper was wrote and signed by
M' Rice and M' Ashe, and by them produced at the last Council, to
which I promised an Answer, when we met again, and doubt not of giv-
ing full satisfaction to all unprejudiced Auditors, and Readers of the
justice and regularity of my proceedings, and the Councils also in rela-
tion to this affair.

Nevertheless it is my opinion the motives that induced M' Rice and
M' Ashe to publish their paj)er, were to disquiet and amuse the People,
and to shew their zeal for the support and augmentation of the Power
and privileges of the House of Burgesses, nay further to carry them to a
[point] hitherto unknown and unthought of even in North Carolina, how
well it becomes them to behave in this manner I leave to the considera-
tion of the other Meml)er8 of His Majesty's Council of this Province,
and proceed to recount the methods used of erecting Precincts in this
Government as I find them in the Council Books.

After the Charter was obtained from King Charles the second by the
I^rds Proprietors, their Lordships agreed upon a form of Government
which was called the Constitutions of Carolina, which every Officer in
their service, every Magistrate and every Member of Aasembly was
sworn to maintain. By these Constitutions made by the Proprietors,
without any Assembly, the Province was designed to be divided into
eight Countys, and each of these Countys was to contain four Precincts
and each of those Precincts was to send five Representatives to the Gen-
eral Assembly, accordingly the County of Albemarle was settled on this
plan, and twenty Members sent fn)m the four Precincts (there being no
more at the first Appointment in that County) The twenty Representa-

444 (X)LONIAL RECX)RDS.

tives together with the Lords Proprietors, or their Deputys made what
was at that time called, the Grand Assembly of Carolina, this was the
first Rise of the General Assembly, and this the first Establishment of
Precincts.

Had these Constitutions contained, as Countys were settled and laid
out (which the Proprietors were then the only appointers of) the same
number of Precincts, mus€ have been made in each County and the like
number of Representatives, must have been sent to the Generall Assem-
bly till all the Countys had been settled, and no disputes of this kind
could have happened. But the Lords Proprietors having thought fit to
abrogate those Constitutions and no other Precincts being erected besides
those in the County of Albemarle, the method from that time has been
for the Governor and Council as the settlements increased to erect new
Precincts, which has always been done upon the Petition of the Inhabits
ants, and by this Authority only, four Precincts were at different times
formerly erected, in Bath County, and one more four years since; These
continue by the same authority. Precincts to this day, nor was the valid-
ity or r^ularity of such appointment ever doubt'd till very lately. In
the year 1715 the Generall Assembly were so far from questioning the
Power of the Governour and Council in that Affair, that by a Law then
made they did allow those Precincts erected by the Governour and Coun-
cil to be r^ularly appointed and in that Law took great care to prevent
any unequal Representation. It being then enacted that for the future every
new Precinct which should be made after that time was to send but two
Members to the Generall Assembly, which must certainly mean and
intend Precincts made by the Governour and Council, as former Pre-
cincts had been made, otherwise it should have directed in what manner
Precincts should be made for the future, as well as what number of
Members should be sent from such Precincts. This makes it clearly
appear that the Assembly allowed, nay did not dispute at that time the
Power of the Governour and Council in erecting new Precincts without
their concurrence otherwise they would certainly have made some Pro-
vision on the occasion, as they did to prevent five Members, going to
each of the new Precincts But they well knew that the manner of ap-
pointing Precincts by the Governour and Council had always been the
practice, and seemed satisfied with the Provision they made for lessening
the number of Representatives, to be chosen in the new Precincts; and
thought what was then done sufficient to prevent the consequences now
charged upon myself and the Council and the absurdity of the method
in making new Precincts by the Governour and Council.

COLONIAL RECORDS. 445

After the passing this Law to prevent the new Precincts from sending
five members, as those appointed, by the Constitutions did. The Gov-
ernour & Council as the settlements enlarged ap]K)inted other PrecinctvS
which still remain by that appointment, nor did the Assembly ever inter-
fere in this matter till it was referred to them by the Governour and
Council for the following reasons. About the year 1722 the settlements
in the Precinct of Chowan, one of the four Precincts in Albemarle
County, erected by the Lonls Proprietors Constitutions were so much
extendeil, that the Inhabitants settled on Morattuck River petitioned to
\)o. erected into a Precincjt, separate from Chowan, with the same Preve-
ledg(\s as the other Pre<?incts of All)emarle County enjoyed ; to which
many objections were made by reason of the Act of Assembly Ixjfore
mentioned, which it was thought the Petition was not conformable too,
therefore it was laid before the Generall Assembly and a I^aw passed for
making them a Precinct with the same Preveledges, as the other Pre-
cincts in Albemarle County had and enjoyed (viz') of sending five Rep-
resentatives to the Generall Assembly. This is the only instance, one of
thirteen Precincts, now established in the Province, was erected by an
Act of Assembly, all the rest were made either by the Ijortls Proprietors
or their Deputys (the Governour & Council) or the Governour & Coun-
cil appointed by the King. After this will it not l)e thought strange
that two Members of His Majesty's Council should make so many objec-
tions to the Governour and Councils using an authority always exercised
by them. And as it has been the constant practice, they have a right to
do, Ixjfore His Majesty's royall commands forbid the same or a Law is
made to the contrary.

This plain account of the Precincts that are now in North Carolina,
and the manner of their being erected, I have fairly and truly deduced
& stated, am certain M' Ashe knew the same, as well as any man in this
Province. Yet so it is that he and M' Rice with their usual modesty
and veracity term the proceedings of the Governour and Council, in
making new Precin(it« at the request and on the humble Petitions of the
Inhabitants, altering the form of the Representation destructive of the
Government, illegal, unwarrantable, and subverting the Constitution.
These men ought to have strong reasons to supjwrt so weighty a charge
those they assign will fall far short, as will be proved in the following
part of this paper.

Messrs Rice and Ashe make one thing very plain by their writing
(viz') that they desire to Ix? thought Advocates for the People and insin-

446 COLONIAL RECORDS.

uate that the Governour and Council are doing things ven' illc^I and
subverting the Constitution, -altho' they have done no more then former
Governours and Councils were accustomed to do. M' Rice and M' Ashe
are sworn Memlxjrs of His Majesty's Council in this Province & have
read my Instructions; one of which is a Command not to suffer Assem-
blys exceed their due l)ouuds; should the Assembly claim it as their sole
right to erec^t Precincts, in the new settlements, and declare that it ought
not to Ix? done, by an Act or order of Government M' Rice and M' Ashe
would ill comply with or observe the oath they took as Councillors, if
they advised me to give up a right of Government, always made use of
bv the Governours & Councils in this Provinc*e.

If there is any strength or validity in the Arguments urged on the
subjc(;t now controverted by M' Ri(?e and M' Ashe it may well be sus-
pei^ted there had l)een a design on foot in this Government of long con-
tinuance to subvert the Constitution, Ijaws and Lil)ertys of the People
liveing in All>emarle County; and that the former Governours and
myself have been in a plott with the Inhabitants of eight Precincts to
effect the said Design, there having been so many Precincts erected on
the Petitions of the People in Bath County, without the concurrence of
the Assemblys since the Proprietors Constitutions were laid aside.

I come now to examine their reasons, and objections as they have sett
them down.

1** They say this method alters the form of Representation, makes the
lower House dependent on, & it's being to the upper House by which
means the upper House will be solely (as it were) the whole I^islaturo,
with submission to these wise men, I deny that by this method the form
of the Representation is altered; The number of the Representatives are
indeed increased. It is strange there should be imminent danger of suIh
verting the Constitution by a method always used and which has not
hitherto made the Upper House «oMy the whole Legidaiure Nor (as it
were) the whole Legislature. It is true there are many things that might
1)6 amiss; if all Ixninds were excee<led, which is not a sufficient argument
against the matter treating off; n^rd the Instance they wisely bring to
shew in what manner this destruction cam be brought about, they alledge
that for particular ends a Governour & Council may split a Precinct into
tenn parts and so get a majority of Representatives chosen at the Gov-
ernour & Council's devotion, this is put for arguments sake, Our Writers
say thev might as well have supi>osed that the Governour and all the
Council of North Carolina were run mad (two Members excepted) who

COLONIAL RECORDS. 447

were only bedevird and therefore it would be better to have no Gov-
ernour nor Council.

2"* They say it is absurd to think a power of part greater than the
power of the whole. By this Argument Acts of Assembly could not
make new Precincts. They add as the Constitution of the L^sla-
ture must be antecedent, to any part of it, it cannot be dependent on
any Act thereof, much less on an Act of part. How this will enforce
their Arguments I know not, therefore will let it rest until such a time
as they think fit to explain themselves on this head : And only observe
that if these two men give themselves the Liberty to write and Publish
anything that comes into their heads for Argument sake, and put what
constructions they please thereon afterwards such proceedings may pro-
duce very ill consequences in this Government.

3* They say another consequence extreamly absurd will Ije that an
Oixler of Grovernour & Council should alter the limits, or bounds of a
Precinct made by a Law, and infer it would be repealing the Law itself,
but this is without Foundation for of all the Precincts in North Carolina,
one only was made by Act of Assembly (as l^efore observed) and that for
particular Persons, When a Precinct extends its settlement so much that
a* new Division is necessary, and made, that doth not rei)eal the former
Law; for example when Edgconibe was taken out of Bertie, the Law
that made Bertie a Precinct subsists; and that Precinct is still very large
and contains more Inhabitants than any other in the whole Government.

4*** As it relates to the Constitution of the L^islature it should lye
l)efore the Governour, Council and Assembly In their second reason
they advanced, that the whole Assembly could or ought not to alter the
Representation and mention the Parlement of Great Britain, which is
not to the matter in hand ; Great Britain is an ancient Kingdom but
North Carolina a young Colony belonging to and dependent thereon. I
believe M' Rice and M' Ashe are the only Persons, that ever doubted of
or questioned the Power the Governour & Council of this Province had
of erecting Precincts by themselves, or in conjunction with the General
Assembly. When any real inconveniencys arise from the, method and
Practice hitherto followed in erecting new Precincts; and when it is
found to be for the Interest, and Good of the People to have the same
settled by a Ijaw, no doubt but the same will be effected, before that
time I think such matter may and ought to be transacted in the usual &
accustomed manner.

6'** In this they suggest it is not warranted by His Majesty's Instruc-
tions, because they forbid the erecting any new Judicatures, but this is

448 CXJLONIAL RECX)RDS.

beside the matter, and nothing to the pur]K)se, all men of common
understanding may easily discover that by new Judicatures, is meant any
new Courts of Judicature not usual in this Pn)vince, I Iwlieve no man
(M' Riw and M' Ashe exct>pted) will sjiy that when a new Precinct is
erecrted the appointing a PrtH?inct (\)urt therein as in other Prtvincts is
eret^ting a new sort of Judicaiturt*, nor can T think it ix>ssible for any
man but those two Memlwrs of Council to put so uncommon a construc-
tion upon one of His Majesty's Instructions or so lightly play with it.

6"* They are the more (xmfirmed in their Opinion (as is wrote) of the
illqi^lity of making new Prwincts, without the consent of the Represen-
tatives of the PcH)j)le in General Assembly fn)m the Pracrtice of the
neighlK)uring Governments, more particularly of Vii'ginia &c. I own
myself unacxjuainted with the Ijaws of Virginia and therefore will not
pretend to write al)out them but having l)et»n several times in that Pro-
vince, am sure that the Privincts in this Country an.^ much larger than
the Countys in Virginia more especially that made in the time Sir Rich-
ard Everard was Governour of this Province, and the three new ones,
since erected ; and I am the more confirnuKl by the weak arguments pro-
duced by M' Rice and \P Ashe that there is nothing illegsd in making
new Precincts bv the Governour & Council of this Province, neither is
it a new but an old Custom as I have prove<l out of the C-oum^il R<K)ks.

I take this opportunity to joyn with Messrs Ri(!e and Ashe in n^'om-
mending some Preix,Hlents of Virginia, to l)e followeil by the gcnxl Peo-
ple of this Province of which I will mention a few. In Virginia there
is a noble House for the Governour to live in, built at the publick
expenct.», there are handsome Fees allowed by Acts of Assembly t4)wards
his maintenance, the Inhabitants pay a very great respect to their Gov-
ernour, more esj>ecially those in the Councnl of which I have l)een a
witness. In Vii'giuia there are also large taxes raised to keep up the
lioncmr, and support the Governtnent, and the Clergy liave com|)etent
allowana^.s by Acts of Assembly annually paid them, as these preciedents
are laudable Messrs Rice & Ashe would do well to reiH)mmend them as
Examples worthy to l)e followed by all the People qf this Proving on
whom thev have an influenc*.

I never saw tlie King's Instructions to the Governor of Virginia,
therefore should l)e gm'lty of a great absurdity, if I took upon me to
write upon a subject I know nothing off, nor have nothing to do with ;
The instructions I receive I obey to the Ix^st of my knowledge, and un-
derstanding. That our sovereign Ix)rd the King has a most tender r^ard

COLONIAL RECORDS. 449

to the just priviledges (libertys also may be added) of his subjecte, in
the four parts of the world is acknowledged with due gratitude by them,
neither can it be imagineil that His Majesty would have the Priviledges
of M' Rice & M' Ashe (if he ever heard of such men) to be on a more
precarious establishment, than those of others. As M' Rice and M'
Ashe are well read in my Commission and Instructions they must do me
the Justice to own, I have hitherto made a very moderate use of the
Power therein given particularly in respect to them.

If M' Ashe continues his custom of writing from one Council to
another, he ought to studdy the subject he takes in hand better than he
has these about Precinct Courts, now answered, and reputed, and for M'
Rice I am of opinion it would be more to his advantage (being secre-
tary) to learn the business belonging to his Imployment than to take

upon him to censure or instruct me.

GEO. BURRINGTON.
Edenton the 26"* of December 1732.

North Carolina — ss.

To His Excellency the Governor and the Hon"* the Members of His
Majesty's Council

His Excellency the Governor has by way of answer to some reasons
and objections, which we put in against the dividing old Precincts and
erecting new ones, by the Governor and Council only, without the con-
currence and assent of Assembly; put in a long writing, wlierein besides
bestowing on us much opprobious language, he has made several invidi-
ous reflections & insinuations as if (it should seem) we aflbcted to be
thought Patriots & Advocates of the People, ill becoming His Majesty's
Councillours : His Excellency in the same Paper makes also a kind of
historical narrative of the Constitution of the I^egislature of this Prov-
ince.

We shall pass over the language witliout other resentment than to say,
we think we merit it not; that we ought as Meml)ers of His Majesty's
Council to be exempt from such freedom as his Excellency often takes
with us that way in Council, both in writing and by word of mouth :
And we humbly conceive such his treatment of us cannot be approved
of by his and our superiors in Great Britain, when they shall be made
sensible thereof. His Excellency's unjust reflections and insinuations as
to the motives induceing us to off^er those objections, we shall obviate by
shewing some true motives; we shall vindicate ourselves from such

67

450 COLONIAL RECORDS.

aspersions as we think designed to blemish our characters as Members of
His Majesty's Council in this Province; And then we shall proceed to
give a just history, as briefly as we can, of the Constitution of our Leg-
islature, & of it's form from it's original to this day ; in which (with due
submission be it said) we doubt not of making His Excellency sensible
of some mistakes in his.

We shall now proceed to shew some of the reasons which moved us to
object as we did.

1. We observed that the Governor (notwithstanding former Assem-
blys had strenuously insisted on and asserted the People's right in this
particular, and had had it allowed them, as we shall shew hereafter) pro-
ceeded to divide old and erect new Precincts with a very small number
of the Council consenting thereunto; as at the dixnding Hanover, erecting
Bladen Precinct out of it ; at the dividing Bertie adding part thereof to
Edgcombe Precinct, there were only three Councillors consenting there-
unto, viz* M' Halton M' Lovick and M' Gale one of which it is well
known was introduced into Council contrary to His Majesty's Instruc-
tions to His Excellency there being seven others then in the Government.

2. We observe that before the aforementioned Division, Bertie and
Hanover Precincts had been divided by the Governor and Council in
the same manner. We could not see any reason or necessity for such
Divisions for (for instance,) in Bladen Precinct there are not (we think)
above three Freeholders viz* M' Nal Moor, M' Tho. Jones and M' Rich*
Singletery inhabiting, and not above perhaps thirty Families, including
the Freeholders ; Now as his Excellency pursuant to His Majesty's In-
structions, has directed the writs to issue for Freeholders only to elect,
then of those three, two are to stand candidates and the third to elect
them. The case is much the same as to Onslow Precinct in which (we
are pretty confident) there are very few more Freeholders, (and those
chiefly taken from Carteret Precinct,) inhabiting : where then is the ne-
cessity of these divisions? these new appointments?

3. These Divisions and Subdivisions, as they would make a great
alteration of the Representation in the House of Burgesses; and as there
was not, (as we could perceive) any visible & apparent necessity for such
new Precincts, We concluded the Assembly whenever they should meet
(as these remarks are very obvious) would look upon them as an inno-
vation and violation of the Privileges, and so might prove such a stum-
bling Block as might prevent their proceeding to busyness, which has
been long desired, as is very requisite both for His Majesty's service and
the publick Utility. We could give several other reasons which moved

COLONIAL RECORDS. 451

US) but that we would contract this paper as much as may be and some
of them might perhaps offend the Governor. We shall therefore decline
reciting them here, and content ourselves with representing them else-
where.

As to those insinuations His Excellency is pleased to make of our
affecting popularity, they touch us not, nor give us any uneasyness,
because we are conscious we have had no such view : what we have said
in asserting the Privileges of our fellow subjects against what we esteemed
incroachments of Governors and Councils on them, has been with great
caution ; we have a true sense of our duty & loyalty to His Majesty, and
the strictest regard to his interest, not pretending in the least to deny or
even dispute the royal Prerogative, which (totidem terbis) in our said
Paper we have declared our most gracious King as He is tender of his
Prerogatives (which tend always to his peoples good) so is he of the
rights and privileges of his subjects ; and of this we are made sensible
by the Instructions to the Governor, wherein cautioning him against
suffering Assemblies to assume uncommon Privileges, to which they are
not entitled, the rule he gives or prescribes for their limitation, is that of
the Priviledges of the Parliament of Great Brittain. And can we desire
more? No: Thus good & thus gracious is our most gracious King to
us his subjecrts far removed from his royal Person ; therefore we cannot
think our asserting such rights as he admits us graciously, to enjoy, will
be offensive to him or his Ministry ; nor that the love of our Country,
or the spirit of Patriotism, (if his Excellency is pleased so to call it,) is
inconsistent with our places in Council, for we assure His Excellency we
shall always consult His Majesty's interest and have the tenderest regard
to his prerogatives, whether we ai'e in or out of His Council, and indeed
we cannot conceive how the contending for a just and equal representa-
tion of the People will interfere with them or obstruct his interest, or
how an unequal one will advance it.

We shall now endeavour to give an account of the Constitution of our
Legislature & of it's Original.

It will (we believe) be acknowledged the birthright of British subjects,
to be governed by no Laws but what are of their own making; that is,
such as they have assented to: on the first planting or settling of this
Colony this right was confirmed to the Inhabitants by Charters from
King Charles the Second, in which, such as should remove hither, and
their Descendants or Posterity born in the Colony were declared free
Denizens and liege People of the Crown of England, and as it was neces-
sary (the Laws of England not being in all Cases and Circumstances

452 COLONIAL RECORDS.

suitable to so remote a Country) that there should be Laws enacted and
made for the due Government thereof, that King of his royal authority
granted to the Proprietors, together with the People (their advice, assent
and approbation l)eing requisite and necessary) a power of making Laws,
reserving all^iance to the Crown, and a due subjection or subordination
to our Mother Country. In this Grant the manner of the People's
assenting to such Laws, or if it shall be requisite the appointment of
Deputies or Del^ates to represent them, is left entirely to the People,
and not to the Direction of the Proprietors. The words, (after a recital
of the words empowering the Proprietors) are these viz* "by and with
the advice, assent and approbation of the Freemen of the said Province
or Territory, or of the Freemen of the County, Barony or Colony for
which such Law or Constitution shall be made, or the greatest part of
them, or of their Del^ates or Deputies ; so that in the infancy of the
Colony, when the People were few, the whole might have met, advised,
assented to and approved such Laws as should be made ; but that King
foreseeing the Inconveniencies which in Process of Time, when the Colony
should abound with People, might arise from such numerous Assemblies,
seems to have provided against it, by inserting an Alternative in these
words, viz* : " or their Del^ates or Deputies" impowering hereby the
whole to choose a less number to represent them and this we think with-
out any dependency on the Proprietors for Directions of Representation :
and indeed it's absurd to think when the whole People, one part of the
Legislature, have had a right of advising and assenting to Laws, that
the Proprietors the other part, (much less their Deputies should have the
power of transfering such right from the whole people to (we will say)
one eigth or any less part, as by directing and altering at their pleasure
the Representation, they might. Pursuant to the Charters aforesaid.
Fundamental Constitutions were formed in the year 1669, which in the
Province of North Carolina, (tho' not in South) the People received:
In these as his Excellency observes Albemarle County (then the whole
of this Governm*) was divided into four Precincts, which were to send
twenty members ; that the People's assent to the receiving these Consti-
tutions was requisite, is evident. Why else were their del^ates required
to sign them? why were they not imposed on the People of South Caro-
lina, who refused to receive them? Again aft«r these, in the year 1698,
there was another set of Constitutions formed which were signed & sealed
by the Proprietors.

These Constitutions are evidences of the Compact and agreement in
those times as to tlie formation of the legislature between the Proprie-

COLONIAL RECORDS. 463

tors and the People of North Carolina ; (for as we have said tlie People
of South Carolina would not agree to receive them, tlio' they were
equally designed for both Provinces) and that the Proprietors did not
think themselves solely investeil with a power of directing the Repre-
sentation of the People, is evident from these Constitutions themselves.

The 10*** section of tiie 2* sett are in these words viz' "The present
"numlxjr of the Representatives of the Commons shall be
"who (as the County shall increase,) shall also proportionably be
"increased, if the Commons do so desire, but shall in no future time be
" increased beyond one hundred.

The 19"* Section are in these words, viz' "the whole Provinces shall
" be divided into Counties by the Parliament.

Give us leave to observe that in the time intervening these two setts of
Constitutions the A&sembly proceede<l to direct elections; as for instance,
in the year 169^ by a biennial Act in which they ordained that every
Precinct in new Counties should send but one Member, accordingly in
the next ensuing Assembly, viz' in the month of Nov' 1697, there came
but two Representatives from the whole County of Bath viz' Rich* Smith
and Nicholas Daw. In the year 1699 there was a Biennial Act passed,
in the latter end of which there is a clause wherein are these words,
viz' if this Bill be ratifyed and confirmed by the Lords Proprietors
under their hands and seals, then the Constitutions shall be void, or oth-
erwise that the section or sections relating to biennial Parliaments shall
take place as formerly received amongst us.

This Clause plainly shews that the Delegates of the People thought
themselves concerned in the form of Representation, and also that the
aforementioned Constitutions were not imposed on them, but assented to
and received by them.

After this in Governor Gary's time, Bath County which sent at first
but two Members, was by Gov' and Council divided into Archdale and
Wickham Precincts and sent four members; and again in the Governors
Hyde and Eden's times were added Craven and Carteret Precincts by the
Governor and Council, and the names of Archdale and Wickham Pre-
cincts were changed into those of Beaufort and Hyde. In the year 1715
the Assembly prcK.'eeded to fix and establish this form of Representation
by what is commonly called the Biennial Act.

We will now allow or suppose that that Assembly did not (perhaps)
dispute the Power of the Governor and Council but we cannot therefore
grant, that from their assenting to a Law to allow of and establish thase
Precincts, the inference is necessary that they approved of them as l^ally

454 COLONIAL RECORDS.

and r^ularly appointed the contrary we think may be more naturally
inferred, for if they were legally and r^ularly appointed, what need was
there of a Law to establish them? Nor can we be of the opinion that
the not disputing the Govern' and Council's Power herein gave them any.

We come now with his Excellency to the year 1722, or thereabouts,
when this supposed Power of the Governor and Council was contested,
and here we think his Excellency gives up the point for he allows that
the Governor and Council thought they could not erect Bertie Precinct
because it was against I^aw; therefore they concurred with the Assembly
or Delegates of the People to erect tliat Precinct. If the Power of erect-
ing was in the Governor and Council solely, what need was there of the
assent of the People?

If it be said it is by Law they have this Power, where is that Law?
and how, in what wonls is the Power conveyed? how, by whom, and in
what words have the People divested tliemselves of their natural right
confirmed to them by a royal Charter and long enjoyed (viz* that of
choosing their own Representatives) and resigned it to Governors &
Councils solely? It is true some Governors and Councils may have con-
strued these words in some Biennial A(*ts, (viz* " Preeincts to be erected)
to convey to them a Power of erecting Precincts for sending new Repre-
sentatives of the People, and so (tho' the inference is in no wise just,)
deeming themselves Trustees of the Ij^islature, or rattier the People, in
that point have proceeded to erect four Precincts, the validity of which
appointments, (tho' perhaps not disputed) was so far doubted of, as after-
wards to require the assent of the People, or their Deputies, by an Act
to confirm them.

That the Assembly in 1722 did not allow such Power to be in the
Governor and Council, is plain, for Ixjing about to erect a Precinct their
Power was controverted and given up, and the Precinct erected with the
advice and consent of the People or their Delegates by Act of Assembly :
Again in the year 1729 there was an attempt by Governor and Council
to erect new Hanover into a Precinct, Their Power was contested and
denyed by that Assembly, and the new Representatives not admitted to
sit and vote in the House till accepted & approved of by the Assembly,
being confirmed and allowed of by a Clause in the Bill for emitting
Money on Ijoan. The same Assembly erected a Pretrinct bv the name of
Tyrrel, which by Act of that Assembly was to send but three Repre-
sentatives.

By this Account the whole force of his Excell*^' argument, will be
this : some (two or three) Governors and their Councils, fancying that

COLONIAL RECORDS. 455

some words viz* (Precincts to be erected) in a Biennial Act, gave the
Governor and Council the Power of erecting Precincts to send Repre-
sentatives of the People, proceeded to appoint four Precincts, the validity
of which appointments (tho' perhaps not disputed, the Representation
being pretty equal & just) yet was so far doubted of as to require the
assent of the People or their Del^ates by Act of Assembly to establish
them: The Precedents of the erecting these four Precinct are to be
opposed to the People's natural rights or privil^es, the grant of Con-
firmation of them in the royal Charter, the Contract between the Pro-
prietors & the People in the Constitution, the Precedents and Practice
before the time of erecting those four Precincts, the Precedents since, as
well as the denial of such Power by the People or their Deputies in
Assembly ever since : We leave His Excellency or any other reader to
judge whether they are of sufficient weight.

Our second Argument viz*, that it is absurd to think or say that a
Power of part should be greater than that of the whole, and that as the
Constitution of the legislature must be antecedent to any Act thereof it
cannot be dependent on any such Act, much less on an Act of part; His
Excellency charges with absurdity, and leaves us to explain ourselves :
For by this Argument says His Excellency, Acts of Assembly would
not erect new Precincts ; we acknowledge there seems to be an absurdity ;
but it proceeds from this : From giving the Title of Acts of Assembly
or of Laws to such as may more properly be stiled Fundamental Con-
stitutions. When the several parts or persons out of which a l^islative
Body is to be formed & coasist, meet together and mutually agree on the
manner of Formation of such body, or of part, and cause such contract
as to such formation to be committed to writing; such instruments of
writing containing such contracts are properly the Fundamental Consti-
tutions of such L^islature, (or evidence, or Records thereof,) but not
Acts of it; this is evident from this invincible reason, viz* no corpora-
tion or body can act before it is formed, or has a being. To make this
more plain, We will suppose in the Infancy of this Colony the Proprie-
tors and the People to have met, and to have mutually agreed that the
Proprietors should chuse a Governor and Council as their Deputies,
which should represent (hem, and that twenty persons in a certain man-
ner to be chosen by the People should be delegates of and represent the
People, That these united should constitute or be the form of the Legis-
lature of the Province; the Charters containing such mutual contracts
and agreements would be evidences of the Form or Constitution of the
Legislature and may properly be stiled Fundamental Constitutions. Let

456 COLONIAL RECORDS.

us now reduce these mutual contracts and agreements into the form of
an Act or Law and use an enacting style; will it not run thus? ^^ Be it
enacted by the Governor & Council & Bepreaentaiives of the People in
General Assembly the Legislature of this Province, and it is hereby enacted
by the Governor & Council and Representatives of the People in General
Assembly the Legislature of this Province, that the Governor and Council
and Representatives of the People in General Assembly shall be the Legis-
lature of this Province, does not this seem absurd? In short such in-
struments tho' they may run in an enacting stile, are properly records or
evidences of the Formation or Constitution of the L^islature and not
Acts of it.

Does it not savour of absurdity to say that the People have a part in
making their Laws, for that their Representatives are to advise, assent
and approve of them before they are made, but that the Governor and
Council are entirely of themselves to say and direct what shall be the
Representatives to give and declare such advice, assent and approbation ;
as if they may divide old & erect new Precincts at their pleasure, in effect
they will do. Will such be the Del^ates of the People? Will the Peo-
ple have any part in enacting such laws? Will they not be the Laws of
the Governor and Council ?

It is plain that our most gracious King is desirous that the form or
Constitution of Governm' of this his Province should as near as may be
(allowing for some unavoidable differences w*^ must and will be between
a Mother Country & it's subject infant Colony) resemble that of Great
Britain : We cannot therefore think we greatly erred in instancing the
caution useil by the Parliament of Great Britain of avoiding to touch on
what they thought a constitutional point: Neither can we think our
instancing the practice & privileges of Vii-ginia amiss, l)ecause we cannot
believe that our most gracious Sovereign will he willing to deprive the
poor People of North Carolina of Privil(^:e8 allowed to and enjoyed by
those of the neighbouring Colonies.

If we have mistaken the sense of His Majesty's Instruction forbidding
the erecting new Courts, & that by the words in that Instruction viz*
"Court of Judictiture" ai*e not intended a Court of Judicature as we con-
strued it but a sort of judicature agreable to His Excellency's Construc-
tion ; we can only say humanum est errare : our's as it was a liberal one,
was to us most obvious.

If by proposing to us to recommend to the Assembly some laudable
examples of Virginia, His Excellency would insinuate that we have op-
posed such : we may truly say that we are not conscious of it, nor can

COLONIAL RECORDS. 457

accuse ourselves on that score; particularly as to not encouraging the
Clergy, we believe we have not, and hope shall not, incur any censure,
especially as so good an example is set us by our Governor, whose zeal
for the church is on all occasions so conspicuous. Let us conclude on the
point in hand, and expostulating with all due submission with his Excel-
lency, let us have leave to ask ; why, supposing the People of North Caro-
lina in its infant state, had suffered their Privileges to be encroach'd on,
and had n^lected to assert them ; why we say should this be pleaded to
deprive them of them entirely? Why should they only lose them, when
the neighbouring Colonies without any contest enjoy them? But as we
have (we think shewn that they have always or for the most part, enjoyed
them ; as they are privil^es which have been granted and confirmed to
them by the Crown ; as it does not appear that His Majesty has revoked
such Grants, or directed his Grovernor to alter the Constitution, as infringe
ing on his royal Prerogatives, which we shall never presume to deny, or
in any wise derogate from, we hope our most indulgent and gracious Sov-
ereign will suffer his poor subjects of North Carolina to continue in the
enjoyment of them.

NATH. RICE
JNO. BAPT* ASHE

[B. P. R. O. B. T. North Carolina. Vol. 9. A. 46.]

RICE AND ASHE VS. BURRINGTON— SALE OF LANDS

IN NORTH CAROLINA.

LETTER FROM M' RICE & M' ASHE, TWO OF Y* COUNCIL OF N.

CAROLINA, DATED APRIL 20*^ 1733.

To the Rg' Hon"* the L^ Com" for Trade and Plantations.

May it please your Lordships

Governour Burrington on his first issuing Warrants for Lands, pro-
ceeding Contrary to His Majesty's Comision and Instructions to him, in
selling the King's Lands without any Instruction impowering him so to
do, at the rate of two shill : & sixpence Virginia or Proclamation Money
for every fifty Acres, and issuing Warrants for much larger quantities to
some than by the King's Instructions he was directed. Arbitrarily deny-
ing or refusing to others what was their Right or Proportion allowed

58

458 COLONIAL RECORDS.

them by the King, not in the least consulting the Council in the Affair.
We objected to the legality of such a Method ; and some Petitions of
Persons claiming Rights, (w^ had been denyed them by the Govern') to
Lands pursuant to the Kings Instructions being read, brought the mat-
ter into Debate in Council ; whereupon the Council gave it as their opin-
ion unanimously on reading his Maje8ty^s 42** Instruction, that every
Person proving his Rights, or swearing to the number of Persons in his
Family, had a claim of fifty acres of Land for every such Person, and
on some Petitions relating to Saw Mills, praying a larger quantity of
Land might be granted, than directed by the King^s Instructions; They
likewise unanimously were of the opinion that it could not be allowed.
These Opinions of the Council, and the Debates on the Delivery of
them notwithstanding the Grovernour proceeded to sell and grant I^nds
in very large undue Quantities, so that we (thinking ourselves obliged
as much as in us lay to prevent such an unwarrantable Practice, detri-
mental both to His Majesty's Interest and to the People,) drew up the
annexed Protest, which the Governor (as we believe) suspecting, or
having Intelligence of, broke up the Council unexpectedly, to prevent
its being offered : Thereupon we filed it in the Secretary's office together
with the Caution following the same. This has drawn on us his Excel-
lency's highest displeasure, and being the Cause of many real Injuries
he has done us (of which we shall be obliged by the next Conveyance,
(there being now no time) to inform your Lordships) has brought on us
that load of unjust and groundless Reproaches he has bestowed on us in
his paper herewith sent to your Lordships. We hope and believe your
Lordships will readily pardon us for thus troubling you, when you shall
Consider that it is a Matter relating to the King's Interest, and that^vtre
cannot but be solicitous of Vindicating ourselves and of preventing or
obviating any Misrepresentation of our Conduct and Characters to your
Lordships.

We are with the greatest Submission
and Respect
My Lords,

Your Lordships

most obedient humble Servants

NATH: RICE.

BAP: ASHE.
20*^ April 1733,

CX)LONIAL RECORDS. 459

M' Rice and M' Ashe's Remonstrance to Gov' Burringtou. April 20"*
1733.

To His Excellency the Governour in Council.

Nath : Rice and John Baptista Ashe, two of the Members of his Ma-
jesty's Council, humbly shew, that his Excellency the Governour hath
issued One and given a very great Number of Warrants for Lands to
sundry Persons in undue and large quantities, not observing the Rule of
Proportion prescribed by His Majesty of granting Lands by and with
the Advice and Consent of the Council ; viz* of fifty Acres only for
every Person in the Grantee's Family ; For all which Lands mentioned
in those Warrants the Governour hath taken for every fifty Acres the
sum of two shill : And six pence Virginia Currency in Silver or Gold.
Wherefore we think ourselves obliged out of a due sense of our Duty to
his most Sacred Majesty, to object against the same; & we do hereby
humbly pray His Excell^ that he would be pleased strictly to pursue
His Majesty's Instructions to him in that behalf given; & that no War-
rants may issue but to such Persons, & in such Proportions, as shall be
agreable to His Majesty^s said Instructions. We conceive ourselves the
more under a Necessity of remonstrating this Matter to your Excellency,
for that, if this Method should be disallow'd by the King, it may here-
after very much injure such People as have paid their Monies for such
Lands, but more especially for that it is not agreable, but contrary to His
Majesty's Instructions to your Excellency on that behalf, which to His
Majesty's Council has by your Excellency been exhibited and shewn.

NATH : RICE.

J^ BAPT* ASHE.

On Argument in the last Council, His Excellency the Grovemour
seeming to have taken a Resolution to pass Warrants as before he had
done, which Method we humbly objected against in Council, and pre-
pared the foregoing Paper, designing to have preferred it in Council, but
the Council breaking up unexpectedly we were prevented putting it in :
But now finding that his Excellency still continues to issue Warrants for
Land in undue Proportions, and contrary, (as we conceive) to the King's
Instructions. We think it our Duty to file this by way of Caution in
the Secretary's Office, requiring and desiring the Deputy Secretary to
prefer the same to His Excellency befi)re he (the Deputy Secretary) sub-
sign or make out any more Warrants; humbly praying His Excellency
that if he shall think what we object reasonable, he would be pleased to

have Respect thereunto.

NATH: RICE.

11«» November 1733. JOHN BAPT* ASHE.

460 COLONIAL RECORDS.

Governour Burrington's Paper in Relation to Grant of Lands.

Gentlemen of the Council

M' Rice and M' Ashe sometime after the breaking up of the last Coun-
cil signed a Paper and put the same into the Secretarjr^s Office, Endorsed
upon the outside^ Filed in the Secretary's Office November the 11*^ 1 732,
which Paper was shewn to me the IS**" of this Month. In this Paper I
am taxed with not observing my Instructions in granting Lands, which
is ridiculous, for there has not one patent passed the Seal since I came
into this Province, neither will I sign a Patent for Land before I receive
further ordere from England.

Great numbers of People had been imposed upon by M' Ashe and
others who were Deputy Surveyors before my coming with the^King's
Commission in the follow' manner. The said M' Ashe surveyed with-
out Warrants and took Exorbitant Fees from People for so doing and
upon their inquiring whither that was sufficient, he told them it was the
same thing if he surveyed with or without Warrants, nay that was not
all, for M' Ashe laid out and surveyed great Quantitys of Land for him-
self on Cape Fear river and parts adjacent, & then sold them to new com-
ers. I have also been informed by sundry Persons that M' Ashe did not
r^ularly make the Surveys, but marked a Couple of Trees in front, and
imagined the other bounds, and then drew a plot upon a piece of Paper,
these Plots of M' Ashe's making have been frequently sold and trans-
ferred from one man to another, by the craft and knaving of Ixlward
Moseley M' Ashe and some others in Confederacy.

People that came from the adjacent Governments to settle on Cape
Fear River were obliged to purchase Lands of them (for they could not
obtain them without) by which they acquired great substance. M' Roger
Moore told me they had of him for Land twenty two N^roes, and Bill
of Exchange for some Hundred Pound Sterling. When I was last at
Cape Fear several men desired my opinion on the following Occasion,
they bought Lands about the time and after His Majesty completed the
purchase of Carolina of Edward Moseley and Confederates and paid
money and Negroes for it, and afterwards had Patents made out in their
own Names for the Lands, altho' the same were pretended to belong to
Edward Maseley or some other in the Confederacy before their Purchase
and as such sold by them, these men desired me to tell them wither
their Titles were good, to which I answered nothing could be said before

(X)LONIAL RECORDS. 461

the King's Pleasure was known, some of these men declared they shou*
be ruined if the Lands they had purchased in the manner related were
taken from them. But to return to the Paper a great many People who
had no other titles to I^ands they had scuttled and lived some years upon
than plotts from Deputy surveyors, thought proj>er to make Entrys in a
regular manner, and obtained Warrants which are constantly entered in
three Books, one is kept in my house, another in the Sec»retary's Office,
and one in the Surveyors which are always shewn to such Persons as
desire to ins|)ect them without Foe or Reward. M' Rfce and M' Ashe
say that I have taken two shillings & sixpence is silver Virginia Cur-
rency for every fifty Acres which I say is false and will prove to be false
in three Particulars.

In the first place I have freely given my Fees for taking up Jjands to
a great many Persons. 2"% I have taken in lieu of mone^'^Provisions
of all kinds and Grain without onc« refusing any offered me. Thirdly,
when Money was paid it was Proclamation And not Virginia currency
the Money I have received has scarcely paid the Expenses of Journeys
I have taken for the King's service and promoting the good of the Coun-
try, And the Provision received for them Fees were but a small part of
what have l)een exjiended in my House.

M' Rice & M' Ashe sent the Deputy secretary to me one day in last
Court with a parcel of warrants drawn without my knowledge to be
signed for them which I refused, and gave M' Rice my reasons for it at
the Council Table, that refusal brought on their paper, tho' they say it
is out of a sense of their Duty etc. But I am sure they will gain no
man's belief that knows them in this particular, when the Patents are to
be signed, that will be done in Council, and then objections may be made,
and if any Pei'son have warranto for more land than they have a right
to take up, any man may enter Caveats against them in the mean time I
have wrote very fully up<m this subject to his Graw the Duke of New-
castle and the liords of Trade, am in daily Exj)ectations of Answers
upon this Subjtict, one thing I will siiy which is that I have acted for the
King in this Res[)e(;t, as I would have done for myself.

As it is known to every man in this Province how M' Ashe acquired
his Estate, I have no cKxusion to enlarge upon that matter, but as he has
shewn in the latter jmrt of his [)aper a great cont^Tu that People should
not be injured by paying me the acxiustomary Fees for taking up Land.
I take the Lilxirty to advise and desire M' Ashe to return to the de-
frauded men the money he has received for surveying Lands without
Warrants, and for sales of Land he had no Right to, which I believe

462 COLONIAL RECORDS.

amounts to a greater sum than ever I received for Fees from the first day
I was Grovernour of Caroh'na to this time.

Whether I have Exceeded my Instructions or acted contrary to them,
I will advise upon with the Council, and conclude there must be some
design in writing this Paper by the strange manner it was left in the Sec-
retary's Office, by the secretary himself without speaking one word to
me about it, nor proposing any part of what it Contains to the Council.

GEO: BURRINGTON.

Messrs. Rice & Ashe to Gov. Burrington. 3 April 1733.

North Carolina — ss.

To His E|/;ellency the Governor and the Honorable the Meml)ers of His
Ma^" Council.

To a Paper of ours touching the King's Interest in a part (viz* the dis-
posal of Lands), wherein together with the Governor, the Council are
intrusted; We are surprized His Exce"^ should put in an Answer, con-
sisting chiefly of invidious, personal Reflections for w"* there are not the
least Grounds, and which indeed no ways relate to the matter.

We b^ leave to put this matter in a fair light, so as to remove some
reproaches, which his Exce"^ in his anger has cast on us ; in order to
which we shall take notice of two Remarks of the Governor's ; The first
is as to the motive, w^, (as he would have it thought) induced us to put
in this paper. He says M' Rice & M' Ashe sent the Deputy Secretary
to him one day in the last Court, with a parcel of Warr** drawn without
his knowledge, to be signed for them which he refused: It will be
remembered that on reading the Governor's paper in Council, we imme-
diately deny'd this Assertion, & referred ourselves to the Testimony of
both the Deputy secretary & the Grov" Se"^, who being both called before
the Council, the Deputy Se"^ denyed the matter of fiact and the Govern"
Se*^ declared he knew not of the Dep : Se*^" bringing any such War-
rants, so that that Assertion appears to be without Grounds. His Exce**'
has indeed on many Occasions declared that he would grant no warrants
to persons conveying their Petitions thro' our hands, tho' one of us be
the proper Officer for receiving & preferring the same.

The next Remark of the Governor's is ; that there was some Design
in writing the Paper, by the strange manner it was left in the Secretary's
Office: That there was a Design in it is true, and we should be both
sorry and ashamed to have put in such a Publick paper without Design ;

COLONIAL RECORDS. 463

The Design is set forth in the Remonstrance itself, and the reason of its
being put in the Secretary's Office is likewise shown in the Caveat, to
both which we refer : That Design is the true design, and that Reason
the true Reason. More over we beg leave to observe, that tho' the Gov-
ernor says in this his Paper, that our Paper bearing date the 11'*' Nov'
1732 was shown to him the 13"* of this month (meaning we suppose
March last past for his Exce"^* paper bears no date,) Yet the Deputy
Se*^ being called declared that he gave or offered it to the Governor the
day it was filed ; btU I wofidd not receive it.

This leads us to take notice of that little the Governor has said in this
his paper concerning the subject matter of our said Remonstrance. His
Exce**^* words are these viz' " In this Paper I am taxed with not observ-
" ing my Instructions in granting I^nds, which is ridiculous, for there
"has not one Patent passed the seal since I came into this Province,
" neither will I sign a Patent for Land before I receive further Orders
"from England." We can scarce believe our eyes when we see such a
Paper as this under His Exce^*^* own hand : What we objected to in our
Paper was His Exce"^ receiving Right (or Consideration) Money, and
issueing Warrants without advice & Consent of Council in undue Quan-
tities, contrary to the King's Instructions, and this too after the unani-
mous Opinion of the Council to the Contrary: To which His Exce**^
makes the forgoing Answer, from which if we infer anything to the
purpose, it must be. That he may issue Warrants without the advice and
consent of the Council, & that tho' he receives moneys (not directed to
be received by the King) for Lands, and issues Warrants in undue
Quantities putting the People to the Charge of making the Surveys &
some to that of settling such Lands; yet he acts not contrary to the
King's Instructions (the objection of the injury done the People passing
without other notice than his Endeavour to Recriminate) because he
signs no Patents : The contrary of which we shall now make evident.

It is plain not only from his Majesties Instructions but also from his
Comission to His Exoe**^, that the Agreements with the People or Inhab-
itants for Lands are to be made by & with the Advice & consent of the
Council, as well as the Grants; before such Agreements the Warrant
cannot legally issue, and inded it serves, (or ought to serve) as well for
the Certificate in writing of the Contract as for an order to the Surveyor
General for the Admeasurem*, & tho' it is not an absolute Right to or
Fee in the Lands, yet (where it is legally issued & according to the King's
Instructions,) it is a virtuall & initial Right & ought to be obligatory on
the Grantor to confirm & convey the I^nds (in fee or according to the
contract) to the Grantee.

464 COLONIAL RECORDS.

It IS certain and well known that all persons taking out Warr^ expect to
have Patents or Grants for as much Land as is expressed in the Warrant to
the Survey' Gen" & they have the greater reason to expect it where they jiay
Right money or a Consideration ; but the Gov' says, or rather the neces-
sary Inference from what he says is, that they ought not to expect it, for
that he may take monies for more Lands than he is empowered to grant,
& issuing Warrants may cause an admeasurem^ to the Buyers or takers
up in order to their obtaining Grants, but that he has not, nor will give
out Grants or Patents for such I^ands Sup[K)sing a Letter of Attorney to
be given to a Person empowering him to agree with and to grant and
convey Lands to John or to James, with an express Exception or Limit-
ation that he shall not agree with grant or convey those lands to Thomas ;
might it not as justly as what is now said be said ; It is true the Attor-
ney i^uld not, & should not grant Deed of Conveyance to Thomas for
such Lands, but (the Exception notwithstanding) he might contract or
agree with Thomas for such Lands, and receive a Consideration, provided
he did not Execute Deeds of Conveyance.

We shall leave His Exce**^ to account for the justice of such a Method
of proceeding or acting.

What the Grovernor says as to fixing falsities on Us will appear to have
very little weight It is plain that in our Paper when we say two shil-
lings & sixpence for every fifty acres, we mean it for the rule of propor-
tion by which his Excellency takes the Gold and Silver; if so, then the
first particular of falsity vanishes ; even tho' his Excellency should have
bestowed this Right Money on many Persons, tho' we have been alto-
gether ignorant of such his Bounty, till he himself has now informed Us.

2. It concerns not us, nor is it to the purpose, what his Excellency
takes in lieu of Gold and Silver. We suppose his Excellency in taking
Provisions or grain has had his pennyworth for his Penny, however we
can truely say that till now, we have never heard or understood that he
would take anything in lieu; except Cows & Calves to be delivered at
Cape Fair, at the rate of 25 shillings for a Cow and Calf, which is
esteemed there an exceeding small price; and as to the Currency of the
Country, it has been refused, (we have heard) at 6, 7 & 8 for 1, tho' the
Governor has taken a great many of his Fees in Currency.

3. The disparity between Virginia and Proclamation Money is so small,
that such a Mistake is not worth contending about and we believe still his
Excellency for some time might have taken Virginia money, tho' he has
since altered his practice, and takes Proclamaoon ; this if we are guilty
of a Mistake has lead us into it. If we have erred we acknowledge our

CX)LONIAL RE(X)RD8. 466

Error and pray that it may be rectifyed and called Proclamation Money.
M' Ashe says that he is sorry that the doing what he thought his Duty,
in an AflPair wherein, with and among others, he is (as it were) a Trustee
of His Majesty, should so provoke his Excellency, as to throw on him
(tho' foreign to the purpose) so many groundless and unjust Calumnies,
which were they calculated for this Province only where he is known, as
they would have no effect, he should pass them over without any Notice ;
but as they seemed signed to as{)er8e his Character with Grentlcmen who
are Strangers to him, he thinks himself obliged and begs leave to say that
His Excellency has been very unsuccessful in all his attempts to fix a
blemish on him. Last January was twelve months M' Ashe was brought
200 miles to answer a Greneral Charge among others, wherein was no par-
ticular Person named as his accuser and in which he was not accused,
he complained of the hardships he was laid under thereby, and made an
Answer or Defence, (if it may be properly so called, where he was not
named as accused,) to it. The General Charge was inoerted into and
remains on the Council Journal but his Excellency would not suffer that
Answer, which set the matter in a clear Light to be incerted. But his
Excellency did M' Ashe so much justice as at that time to declare he had
never heard any Complaints of him : as to what he is now charged with
it would be too tedious to descend to every particular, he therefore in the
General says, that he knows what small Estate he has to be so justly
acquired that he will not only (as his Excellency advises and desires)
restore, bHt if any person camplains and makes it appear that he has
injured him, he will restore him four fold. If his Excellency of his great
Justice had condescended to have particularized & named the persons
complaining with the Matters complained of, he should have known how
to have answered ; till he so does, he can only say generally That he was
formerly a Deputy Surveyor and laid out I^ands pursuant to an order of
Governor and Council, part which his Excellency was formerly Governor
of which Lands as the Ijaw and Custom always was, he gave the takers
up Plots, which Plots they may have transferred to others (as he sup-
poses they well might,) and in no way concerns him whether they did or
did not, or whether they could so do. As to the Grovernor's bringing M'
Moseley's name into his paper, he cannot imagine it was for any other
purpose than to tack these two hard words. Craft and Knavery, to M'
Moseley's name and his with an etc ; because* M' Moseley had no Concern,
nor was any ways mentioned in the Matter in dispute, which was the
Granting Warrants for I^nd contrary to the King's Instructions. He
thinks he need say nothing concerning M' Maseley's Character, because
59

466 CX3LONIAL RECORDS.

he believes it to be so well Established as not to suffer anything by such
attempts to blemish it, only this he is desired to say, that M' Moseley
never sold any Lands to M' Roger Moor on Cape Fair River; he con-
fesses he has sold him Rights which he had to take up Land from the
Proprietors, with and by which he believes M' Mdor has himself taken
up Lands very much to his profit and Advantage.

But M' Ashe avers he never had a Negro, or one penny either Stirling
or other Money for Laud or for Rights to hand from M' Roger Moor, so
that he knows not how to account for this Charge and accusation ex-
hibited against him in the name of M' Moor. If M' Moor has made any
Complaint to his Excellency of any Injury of this nature which M' Ashe
has done him, he has done M' Ashe much Injustice; if not the Governor
has done M' Moor much injustice in reporting him as the author of a
scandal or Calumny, (if it may be so called) so groundless.

If M' Moor will show that M' Ashe ever had a N^ro or one shilling
Stirling Money of him either for lands sold him or for his Rights to any
Land, M' Ashe will deliver to him not only the twenty two N^roes, but
all the Sterling Money he has expended that way, if what small Estate
he has, will raise it or amount to it.

If M* Moor shall deny his making any such Charge or Complaint of
or against M' Ashe, (as it is no doubt he will,) the Grovernor will cer-
tainly do M' Ashe the justice to acknowledge, that tho' he has used much
Art to caluminate him, yet he has not been able to fix any scandal on

him.

NATH. RICE.

3** Aprill 1733. J-*^ BAFT: ASHE.

The Case of M' Moseley Concerning Warrants for Land in North Caro-
lina.

[Rec* with M' Rice & M' Ashe's letter of 20 Apl. 1733]

To the Right Honorable the Lords Commissioners for Trade and Plan-
tations.

The Petition or Memorial of Edward Moseley of North Carolina
Gent. Humbly sheweth.

That your Petitioner having very often made application that he
might have Warrants for Land agreable to His Majesty's Royal Instruc-
tions, and the same being denyed him, tho' granted to multitudes of
other Persons at the Govern"* will and Pleasure ; For relief under such
It hardship he Petitioned the Governour and Council July 31, 1732, which

(X)LONIAL RECORDS, 467

Petition waiT granted by an Order of Council at the following October
General Court.

Your Petitioner thereupon requested M' Forster the Deputy Secretary
to make out a Warrant for Three Thousand one hundred Acres pursu-
ant to the Order of Council, who did so, but told your Petitioner the
Governor would not sign it until seven Pounds fifteen shillings Procla-
mation Money was paid for it ; This your Petitioner looked on as a Hard-
ship, there being no Law of this Province, or Royal Instruction requir-
ing su(!h a Payment to the Govornour. Nevertheless being in want of
Land for his slaves to work on, he consented, and told M' Williams the
Governour's Secretary, that he would endorse so much as paid to your
Petitioner on the back of an obligation the Governour passed for
Fourty six Pounds sterling he owed your Petitioner ; but this would not
l>o allowed of as M' Williams told your Petitioner.

ThereujK)n he did again Petition the Governor and Council, the thir-
tieth day of March last past, setting forth the hard <fe severe usuage he
met with from the Governour and pray'd Relief; which Petition he has
been informed was that day read in Council and Debated, but the Gov-
ernour would not suffer any Entry to be made thereof.

Your Petitioner being afterwards given to understand that he might
have I^and on the aforesaid Order of Council if he would pay the sum
Ixjfore demanded, and being much in want of I^nd for his Slaves at
Cape Fear to work on he concluded to take it on those Terms, rather
than suffer, altho' no Resolution was past by the Council that such sum
ought to be paid; Thereupon your Petitioner gave Directions to the
Deputy secretary to make out five Warranto for five hundred Acres each
and one for six hundred, making in the whole Three Thousand one hun-
dred, and paid unto him half a pistole l)eing so much the Governor
instructed him to receive as the Bal lance the rest of the Money, as he
understands, the Governour allowM for Interest on his Obligation afore-
mentioned past to your Petitioner; Interest being mentioned therein.

But so it is, the Governour refused to sign those Warrants, and your
Petitioner was again put off; and being given to understand that it was
thought the Governour would alt(ir his mind, and sign them, if that mat-
ter was again moved ; Your Petitioner did write unto the Governour's
Secretary the fifth of this present April, to which he received from M'
Williams An Answer the same day; together with a Warrant in the
Governour's own hand writing for 3100 Acres all in one Tract, men-
tioned to he at a plaw exceeding far from the Place Your Petitioner
designed or desire<l.

468 (X)LONIAL RECX)RDS.

Your Petitioner being informed that the Governour had been at an
Entertainment, and imagining that this proceeded only from a gaiety of
temper, and a willingness of the Governour to show his wit at your
Petitioner's Expense, He wrote to M' Williams the sixth of Aprill, and
desired to have in lieu of the Warrant for 3100 those six warrants before
mentioned. In Answer whereto M' Williams wrote the same day a Let-
ter to your Petitioner, wherein he retuniM the Warrant for 3100 and
informed your Petitioner that the Governor would not sign those War-
rants, which he called in fact Blank Warrants, Whereas in truth those
Warr** contained the Number of Acres, and the Precinct where to be
taken up with other Discriptions of Place than what the Governor has
been pleased to insert in that Warrant he sent your Petitioner. Nor did
y' Petitioner ever desire to have those Warr** other than to have the
number of Acres, & in what Precinct to be surveyed Exprest therein,
as in fact those Warrants were so shown to y' Petitioner by M' Forster,
but y* Petitioner hoped & expected that he should have the liberty of
laying out those Warr^ on such vacant Lands in those Precincts as he
pleased, & not where the Grovernor pleased ; The Law of this Province,
Entituled an Act to r^ulate divers Abuses in the taking up Lauds etc,
passed in the year 1715, directing that the Surv' should Endorse on the
back of the Warr* the place where the taker up intends to have his Land
surveyed by that Warr* Your Petitioner humbly lays the hardship of
this his Case before your L****, the truth of which will appear from the
several attested Copies hereto annexed ; And he humbly prays that your
Lordships will duely consider thereof, so as he may be Relieved

And your Petitioner as in Duty bound shall ever pray etc

E. MOSELEY.

N* Carolina — ss.

On this seventh day of Aprill 1733. Before Us Nathaniel Rice &
John Baptista Ashe Elsq" Members of His Majesty's Council of North
Carolina, Personally appeared Moseley Vail of Chowan Precinct, who on
his oath on the Holy Evangelists taken saith. That the Petition to the
Govern' and Council hereto annexed he verily believes to be a true Copy,
he having examined it by one his Depon* Copied from the Original
before it was delivered the said Depon* further saith that the several
Letters between M' Moseley and M' Williams hereto annexed, to the
best of his Judgement are true Copies, this Depon* having carried and
brought the originals to and from each other, that he hath Examined
those from M' Moseley to M' Williams by the Copies of the Originals,

CX)LONIAL RECORDS. 469

which Copies he signed for his greater Certainty, and he hath now com-
pared in presence of Us the Subscribers the Copies of M' Williams^s
Letters by the Originals he brought. And we do hereby Certify, that
the Original Warrant, now produced to be Examined, we do verily
believe to be the Governor's own hand writing And that the I^etters
from M' Williams now produced and examined were wrote by M' Wil-
liams, we being well acquainted wnth the Governours handwriting and
his Se(^retary's. And we do further Certify that we were present in
Council when M' Moseley's Petition was read the thirtieth of March
last past, (which the annexed we think is a true Copy of) that Debates
arose in Council thereon; One of us move<l that the same might be
Entred, But the Governour absolutely refused.

Sworn before Us & oertifyed the Day & Year first alwve written

NATH RICE.

J»« BAP ASHE.

N" Carolina — ss.

To His Excellency George Burrington Esq' Gov' & Comm' in Chief of
His Majesty's Province of North Carolina, & to the Hono*** the Mem-
bers of his Majesty's Council for the said Province.*

The Petition of Edward Moseley Gent, Humbly sheweth
That yo' Petitioner having a considerable number of Slaves, and no
Lightwood land for his Slaves to make Tar, he applyed himself to the
Secretary's office, & to the Grovernour's Secretary, sometime after His Ex-
cellency's arrival in order to obtain a Warrant for Six Hundred Acres of
Land, but was told, (aft«r repeated application) by M' Forster the Deputy
Secretary of this Province, and by M' Williams his Excellency's Secre-
tary ; that tlie Governour would not on any Terms let your Petitioner
have any Warrants for Land, altho' your Petitioner represented his great
want of Lightwood Land, and was ready, & offered to pay what should
be required for the same. Your Petition' conceiving that he had a Right
to take up lands according to the numl>er of his family pursuant to His
Majesty's Royal Instructions, and that he was very much injured by His
Excellency's not granting him a Warrant, when he had issued divers
hundreds Warranto to Persons who had not as he ainceives such just a
claim to take up Land as /our Petitioner had; Thereupon he filed a
Petition the 31. of July 1732 To His Excellency the Governor and
Council (being the first of that kind since his Excellency's arrival) Pray-
ing that a Warrant might issue for your Petitioner to take up Lands
pursuant to His Majesty's Royal Instructions ; Which Petition was read

470 (X)LONIAL RECX)RDS.

in Council the day of following, being the first Council held after
filing his Petition, and an order of Governor and Council passed, that
your Petitioner should have a Warr* for 3100 Acres on your Petitioners
proving his Rights ; Accordingly your Petitioner pursuant thereto proved
Rights for 3100. acres and lodged the same proof in the Secretary's office
pursuant to order of Council past for that purpose. But from that time
your Petitioner cannot obtain Warr** for Lands, altho' ready to pay the
Fees justly due for the same, a Demand being made tliat your Petitioner
should pay 2* 6* silver money to His Excellency the Governours Use, as
due to him for Rights, altho' your Petitioner hath proved his Rights as
aforesaid.

Your Petitioner therefore humbly prays, that the hardship of his Case
may l^e considered by this Board, inasmuch as he Conceives there is not
the least pretence, either by the Laws of this Province or by His Majes-
ty's Royal Instructions for such a Damand ; And that your Petitioner
may be heard by himself and Council Ijcarned in the Law touching the
premises ; And that Warrants may issue pursuant to the Royal Instruc-
tions for your Petitioner to have so much Land as he hath proved Rights ;
Your Petitioner being ready to pay such Demands as this Board shall
declare he ought ^ pay agreable to the Laws of the Province or His
Majesty's Royal Instructions.

And your Petitioner as in Duty bound shall ever pray etc.

E. MOSELEY.

Chowan. April 5. 1733.
Sir

As I have now a passage to Cape Fear, I desire to have the Warrants
sent me, which yesterday you said would be ready for me. M' Forster
told me he delivered the Gold, I now send by Moseley Vail Paper
money to pay the Secretary's Fees and the Surveyor General's.

I am Sir

Your most humble servant

E. MOSELEY
To M'. Ayliffe Williams

at fxlenton
N. B. Moseley Vail carryed 14** paper money, M' Williams took five
pounds for Surveyor Generals Fee for Entry of the Warrant.

Sir

Upon your Letter the Grovernour imediately signed the enclosed War-
rant for 3100 acres, and says, that if any of your Friends are inclined

COLONIAL RECORDS. 471

to settle that part of the Province, He will always be as rc»acly as now to

show how much he has at heart the setth'ng the said part of this Colony,

And iqion the whole he concluded that you (Sir) think a Governour

nothing, But that in the end you will find him the first man in the

Province

I am Sir

Your most humble servant

A. WILLIAMS
Edenton, April 5. 1733

I pray'd this Instant the half pistole to the Governors Account which

with the Interest mouev on the note of hand and the Governor and M'

Littles pays his Fees.

A. W.
For CoP Edw^ Moseley, then

To the Surveyor General Greeting.

You are forthwith to lay out and admeasure unto Edw* Moseley of
Chowan a Plantation containing Three thousand and one hundred acres
of Land lying in Bladen Precinct on the North East side of the North
West River beginning on the line of S' Rich* Everard Bart, above the
Haw old Fields. Observing His Majesty's Instructions for running out
of Lands and a Piatt and Certificate thereof to return into the Secretary's
Office, and for so doing this shall be your W^arrant.

GEO. BURRINGTON.

Given at Edenton under my hand the 6"* day of April Anno Dom.
1733. Rights proved.

R* Forster Dep : Secry :

Entered a Certificate in the office the 6*** day of Aprill 1733.

A. WILLIAMS Dep. Surv'

N. B. The Warrants, E. M. desired were four for New Hanover, and
but two for Bladen and were so filled up by M' Forster, to complete the
3100. Acres, as I have set forth in my Petition to the Board of Trade.

Chowan. April 6'*' 1733.
Sir

Mv desire was not to have the Warrants for 3100. acres of Land so

far up the Country, Nor did I expect His Excellency would have given

himself the trouble to write the Warrant himself, the Warrants for the

Land I desired being prepared by the Deputy Secretary; I therefore put

under this cover the Warrant sent me yesterday, desiring to have in

Exchange thereof those Warrants that were prepared by M' Forster

which he showed me.

472 COLONIAL RECORDS.

His Excellency makes a wrong Conclusion for me, if he imagines I
think a Governour Nothing; I always thought and still do, with His
Excellency, that every Governour of a Province, representing his Maj-
esty, is the first Man in it.

I am sir

Your most humble servant

E. MOSELEY
To M' Aylifle Williams at Edenton.

Edenton, April 6*^ 1733.
Sir

I cx)mmunic^ted yours to the Governour, who says them warrants you

mention to be prepared by the Deputy Secretary, were in fact Blank

Warrants, and such as he will not sign. I am order'd to let you

know the Enclosed Warrant is entered in the Books, which cannot be

altered

I am sir

Y' most humble serv*

A. WILLIAMS
To Col' Edw* Moseley, this

The Objections of M' Rice & M' Ashe, two of the Council of N. Caro-
lina against M' Owen's being admitted a menil)er of y* s** Council,
together with their Affidavit of Gov' Burrington's refusing to suffer
their Objections to be Entred.

[Rec* with M' Rice & M' Ashe's letter of 20 Apl. 1733.]

His Excellency the Governour having been pleased to appoint Wil-
liam Owen Esq** a Member of His Majesty's Council within this Prov-
ince, as it is a point which greatly affects his Majesty's Council, We
think it our Duty to object thereunto.

In as much as it is contrary, to His Majesty's Royal Instructions,
which forbid his Excellency to add any more Members to His Majesty's
Council, there being seven in the Province; And we beg leave to show
that at the time the s** M' Owen was sworn into the Council, there were
eight Members in the Province, Viz* Nath Rice, Rob* Halton, J"" Bapt.
Ashe, Matt. Rowan, Eleazor Allen, J»^ Lovick, Edm* Grale, W" Forbes
Esq", and that there are now seven besides the said Owen.

NATH RICE.
JOHN B* ASHE,

COLONIAL RECORDS. 473

The 7*** of April 1733. This day came before ine John Montgomery
l^jSff His Majesty's Attorney General of this Province, two of the Mem-
bers of His Majesty's Council viz* Nath. Rice Esq' Sec^, & John Bap*
Ashe Es(j', who being duely sworn on the Holy Evangelists Declared,

That on the first day of the Council's meeting in March last, they

offered the within ObjcK'tion to the Governor in Council, desiring that

it might Ixi entred, which the Governor after reading the same absolutely

refused, saying, I am Governour here; I will do as I think fit; You

may Complain if you will, I will answer it.

NATH RICE.

BAPT"^ ASHE.
Jur* Coramm

8Nlie April 1733

JOHN MONTGOMERY.

Dejx>sition of M' Montgomery, Attorney General of North Carolina,
Relating to several abus<» he has suffered from Cap* Bnrrington Gov-
ernour of that Province.

[Rec'' with M' Rice & M' Ashe's letter of 20 Apl. 1733.]

John Montgomery Esq' Attorney General of the said Province came
before us Nathaniel Rice and John Baptista Ashe Esq" Members of His
Majesty's Councill, and upon the Holy Evangelists deposeth That the
greatest part of the time he has executed the said office M' Bnrrington
Governour of the said Province, has l)een so far from treating him w^ith
that Respect due to his Post or supporting him in the Execution of his
office, that on the contrary he has even in Publick Courts of Justice
treated him with Indignity and Contemptuous and abusive Language,
and not content to use him in that manner, has taken great pains to
deprive him of his said office and has carried his hatred and animasity
to him to so great a height (as he verily thinks and has reason to l)elieve)
as to Design to take away his life or to do him some great Injury, and
once did Endeavour to execute that Design in the manner herein sett
forth. This Depon* says that some time ago he had notice given him
that the Governor's hatred to him was so great, that it was apprehended
he would proceed to use violence against him, and that it would be
prudent to avoid meeting him as much as possible. Whereupon this
Depon^ did decline as much as his business would permit to meet him,
but notwithstanding his Caution, the Governor one morning in Januar}*

60

474 COLONIAL RECORDS,

last, went into the house of one Trotter in the town of Edenton, and canie
into a room in the said house where this Dej)on* then was, and imme-
diately without any sort of Provocation given by him this Deponent took
up a Chair and Damned this Deponent, then with all his force (as he
believes) attempt^ to strike him on the head therewith (this Deponent
being then unarmed) but this Deponent having raised his arm, saved his
head from the Stroak, and received it on his arm, which was thereby
bruised and wounded and so disabled that for some time after this De-
ponent was deprived of the use thereof. Immediately after the said
assault the Governor attempting to strike him a second time, this De-
ponent opposed another Chair, and thereby prevented him, and then the
Governor closed with this Deponent and after some struggle got him
down and with his knee several times violently punched him on his Belly,
and verily believes if some persons had not interi)osed he the Governour
would have used his utmost Endeavour to deprive him of life or to do
him some great Injury. Immediately after the said assault and violence
this Deponent did (in reganl he could not have liberty to execute his
oflBce in peace) require his Excellency to grant him a Licence to depart
out of the Province. Whereupon His Excellency desired him to stay till
the next Council, and then he would grant him or he should have a
Licence to go to the Devill, and at the same time challenged this Deponent
to meet and fight him in Virginia. This Deponent further says that his
Friends have adviscil him to forbear appearing in the Town of Edenton
(where His Excellency resides and where the Council and General Courts
are held) as 'dangerous for this Deponent, and this Deponent says he has
accordingly declined (as much as conviently he can) going into, or
appearing in the said Town, for that he verily believes it to he dangerous

for him to be oft^n there.

JOHN MONTGOMERY.

Jurat coram Nobis 7" die Aprilis 1733.

NATH. RICE Sec.

J»- BAP ASHE.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 31.]

At the Court of S* James's the 10*^ day of May 1733.

Present
The Kings most Excellent Majesty in Councill
Upon reading this day at the Board a representation from the Lords
Commissioners for Trade and Plantation together with a draught of a

COLONIAL RECORDS. 475

Commission prepared by the said Ix)rds Commissioners for Gabriel John-
ston Esq' to be Captain General! and Governor in Chief in and over the
Province of North Carolina in America, which draught of a Commis-
sion l)eing in the usual form— His Majesty in Couneill was pleased to
approve thereof and to order, as it is hereby ordered, that His Grace the
Duke of Newciistle one of His Majesty's principal Se(;retarys of State
do cause a Warrant to he prepared for His Majesty's royal signature in
oi-der to pass the said draught of a Commission (which is hereunto
annexed) under the Great Seal of Great Britain.

A true copv.

W. SHARPE.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 40.]

LETTER FROM CAPTAIN BURRINGTON GOVERNOR OF
NORTH CAROLINA, DATED MAY 19^ 1733 IN ANSWER
TO THE SECRETARY'S LETTER OF THE 16"^ OF AU-
GUST 1732. AND A FURTHER ACCOUNT OF THE STATE
OF AFFAIRS IN THAT GOVERNMENT WITH SEVERAL
COPIES OF PUBLICK PAPERS ANNEXED TO IT.

North Carolina May 19"* 1732 [1733.]
My Lords of Trade and Plantation,

The 26"* (lay of March past, I received a letter from your Secretary
M' Popple, datdl August the 16**» 1732 by the way of South Carolina,
which obliges me to send your Lordships the following Answer.

I had much oc^usion to complain of Mess" Ashe Smith and Porter, for
obstructing His Majesty's Service in this Province and had sufficient
reason to Judge, they would endeavour t^) misrepresent my conduct as
the sequel has demonstrated.

All that I have wrote to your Lordships concerning M' Porter shall
l)e provwl by Witnesses of undoubted credit, and I will proceecl, in the
exact manner pres<Tibed, in your Secrretary's letter, tho M' Porter has
once refused to do the Same (Publickly in the Council Chamber) he may
|)erhaps alter his opinion in July at the Sitting of the General Court;
I am ne<*essitated to stay till that time because it is not possible to get
my Witnesses together Ixifore.

I know not what M' Popple intends, by inserting the following words,
And (tJi you reiiouneed any Favour from their Lordnhips. I have made no

476 COLONIAL RECJORDS.

such renunciation. In my first letter to your Board I signified that I
thought my conduct did not need any favour therefore only desired your
Lordships would do me Justice Your Lordships know better than I
can do at this Distance, what Justice you have done me.

M' Popple in the next Paragraph writes that your Lordships cannot
help observing that M' Porter stood acquitted by the Old Councellours,
and only condemned, by those I had nominated for New ones. This
Observation (that your Lordships could not help makeing) surely is not
well grounded, for that Colo : Jenoure, and Coll : Halton who were the
foremast in rank of Councellours when M' Porter was suspended did
Ijoth vote his Suspension those meml)ers of Council (viz*) M' Ashe, M'
Rowan and M' Harnet that voted against Porters being Suspended did
not acquit M' Porter of any one Article alleadged by me against him,
but it may lie worth ol)serving that on the day Ixifore Porters Suspention
(the 20*** of January 173J) the Council unanimously gave their opinion
that Porter was not fit to Sitt at the Council boanl and notwithstanding
that Declaration M' Ashe, M' Rowan and M' Harnet the next day
voted against his being Suspended I pray your Lordships to let me
know your thoughts of their behaviour on that occasion.

I gave your Lordships so full and so true an a(KX)unt of the reasons
that induced me to introdu(?e M' Ix)vick and M' Gale into his Majesty's
Council of this Province in a letter l>earing date the 4*** of Septeml)er
1731 as I thought would have given your Lonlships full satisfaction of
my PriK'eedings in that Matter but as it is your Lordships pleasure to
expect an exact Account, I now send the best I am able.

It was p\iblickly reported in this part of the Province and credited
that M' Ashe was gone for England when M' Lovick and M' Gale were
Sworne Members of the Council and that M' Rice the Secretary was at
the same time in South Carolina but it appeared that M' Ashe did not
go fi)r England and it Might \ye that M' Ri(!e was returned from South
Carolina al)out the said time, there were l)esides these two C^)uncellours,
Coll : Jenoure, Coll : Halton M' Porter and M' Harnett within the Pro-
vince and no more. M' Allen appointed one of the Council in the In-
structions, was not then in this Country neither has he yet been Sworn.
If M' Rice was returned from South Carolina when M' Jjovick and M'
Gale were admitt-ed it must be alloweil that I exceedwl mv Instructions
tho unknowingly and I cjin only aver, as I now do that I did then
believe M' Ashe was gone for P^ngland and that M' Rice was not come
back fn)m South C'arolina. M' Rice is now far distant from me, there-
fore I am not able at this Instant to write possitively where he was when
the aforesaid Gentlemen were made Councellours

COLONIAL RECORDS. 477

I did never believe I had a liberty of altering the Rank in which His
Majesty has l)een pleased to place the several Councellours, in the first Arti-
cle of my Instructions, or at any time, acquainted your Lordships I had so
done. It may be possible your Lordships are led into this mistake, by a
list inserted in my I^etter of the 4"" of September 1731 which was sent for
your Lonlships consideration and ix)uld be of no effec^t without l)eing
approved, and confirmed in England, in due form. Your Ijortlships may
see by looking over the Council Journals that the Meml^ers are always
place<l according to their several Ranks except the times when Governour
Phenney Surveyor General of His Majesty's Customs for the South Dis-
trict of America assisted in the C-ouncils held dureing a Short Stay he
made in this pn)vince the other Mcml)ers then Prestmt desireil his name
might l)c place<l first, the Same compliment had heim payed in former
times to M' Fitswilliam in this Country when that Gentleman enjoyinl the
Same post. Your Secretary writes in the close of the Paragraph I am in
tbis pla(?e answering. You nnU tiierefore do well to redore evefy GcfivUenian
to the Rank HU Majejfty ha^ heeii pleaaed to phu^c thein in of xchich I
seruJ you th^. endowed list. As the same list is in my first Instruction, M'
Popple might have spared himself the trouble of writeing or sending
the same to me. M' Popple does not intimate by any word in the whole
Paragraph that your Lordships are of Opinion I shall do well to restore
every Gentleman in the said list to his former Rank therefore I must
suppose this Judgement proceeds from him only. I informed your
T^)r<lships that William Smith had resigned his place in Council that
Cornelius Harnett had done the same thing (the Counciil Journals prove
it) that John Porter was dead, that Eliezer Allen had never appeared at
the Council, and does not reside in this Province; that James Stallard
and Richard Evans (being disappointed in the Expectation) did not come
to North Carolina Edmund Porter is the only person, tliat has been
suspended I think he will Ixj proved to be an unfitt Man to l>e a Mem-
l)er of the Council by the next Papers I have the honour to transmitt to
your Ijordships if any doubt remains with you about him. Upon due
reflection your Ijordships will discern that I have taken no Man's Rank
from him (Porter ex(*eptcd) when James Stallard Filiezer Allen or
Richard P^vans come to the C-ouncil Chamber, I will admit them Mem-
Ixjrs an<l Give them tiieir due Riuik at the Council Board, but I he^ to
be excused from restorcing John Porter not thinking myself sufficiently
authorized to raise the dead the only meaning I can perceive to be con-
tained in M' Popple's opinion is, to induce me to readmit E^imund
I\)rter to the C-ouncil Table but I assure your Ijordships I should act

478 COLONIAL RECORDS.

extreanily ill in So doing and that I will not restore him without a proper
Order.

From the time I c?ime into this Government to the sitting of the Assem-
bly there appeared no likelihood that any disputes or differences would
happen between myself and the Assembly therefore I wits in hopes the
Assembly would have gone through what I proposed in my SiK^ech to
them and as I have already given your Lordships Just and full ac(x)unts
of those matters, I think it unnecessary to trouble you with repetitions.

The Liberty I offered the Assembly to send some of their Members to
me dureing their sitting, if they saw cause, had no other meaning than
that mentioned in the same part of the Speech, but the like shall Ix?
'avoided hereafter.

1. It must be allowed, that Governours in some sort represent the King
Yet the Plenary power of ratifying or nulling Acts, being still in the
King, Governours do not stand in the legislature, alltogetlier as the
King do's ; and may and do interfere where his Majesty do's not. His
Majesty's Council here sitt in a double capa(?ity and represent the Privey
Council as well as the House of Lords, without being ever yet distin-
guished into two Bodys; and it has been the constant practice in all
Debates at the Council Boanl for the Governour to be present and assist
therein, whenever he thought proper and is agreeable enough to the j>eo-
ple, nor do they complain of any lUconveniency's in it. The Governour
is looked upon as part of the Assembly and assists in the debates which
is of Service on both sides for matters to be discussed before they come to
the Governours hands to he passed, for the Royall Approbation or Repeal,
the Governour's right of being Present at all debates at the Council B<ianl
whether about things I^egislative or Exetuitive I believe is allowed every-
where. I have heartl that about 12 or 14 years ago, it was objected and
by some men made a cximplaint against Governour Shute in Xew England
but it was strcnously maintained on behalf of the Crown as the Gov-
emours Right for my own part lis a matter I am indifferent in I think
it is my Duty to support the Rights of Government and faithfully state
the Matter to your liordships in order to be further instructed therein.

Your Ix)rdships cannot avoid ol>serving (M' Popple writes) the great
irr€^ularitys I committed in my connnerce with the Lower House, but as
he has mentione<l only one I have not an opportunity of answering the
rest, this one is that I compared one of their Members to a Thiefe &c:
Moseley in confederacy with some Meml)ers of the Council and others in
the Tjower House had formed designes to distract the Administration and
prevent the Assembly from doing business (as I was informed and the

COLONIAL RECORDS. 479

.se<{uel evidenced) in order to carry on this design, he wrote a l*aper and
it was handed al)out in the Honse of Bni-gesses and in a thin House
resolval and sent up to nie and the Council. Moseley judged if he
coukl excite and stir up divisions in the ^Vsseiubly, he should put off
any impiiries into the frauds and cheats he had been guilty of while Sur-
veyor General, and escaped an Examination into his management of the
publick money. Therefore to prevent the House of Burgesses from being
deluded and led away by him I made that comparison which I know was
just and true and not improper on that oc^easiou it will not apjxiar to an
unprejudiced reader, by the following part of the Journals of that House
that the Members were intimated by my answer to that Message or any
other I sent them on the contrary I think it is manifest I behaved with
temi>er calmnt^ss, neither can I find out those great Irn^ularitys I am
charged with but hope your Lordships will be induct to alter your opin-
ions upon allowing that Journal a secx>nd reading att your Board.

I answer the two following Paragraphs together and bi^iu witli the
second.

2. The Grand Deed from the Lords Proprietor to the County of Albe-
marle in 1668 your Lordships Secretary says Caii only be undei-stood as
a temporary Letter of Attorney revokeabh at pleasure and that in ^ect it
was revoked in an Order to Mr Eden to grant no lands under one Penny
'^ Acre Quit Rent. I cannot tell whether your lordships considered, the
Copy of the Grand Deed, incerted in tlie Journals of the House of Bur-
gesses, nor what information has l>een given you of the Supposed order
to Governor Eden. As it is an incuml)ent duty on me truely to represent
things I am under a ne(^\ssity of stateing that affair in another light than
your Lordships seem to apprehend it.

The Gri^at Deed of Grant from the Lords Proprietors to the County
of AH)emarle still (^refully preserve<l was dateil May 1** 1668 and entered
in the Publick Records of the Government, being a Grant of so much
land, to any person scuttling therein according to the conditions and
Tennure of the Grant, this hath from time to time been allways held as
firm a Grant as the Proprietors own Charter from the Crown and the
people have allways claimed it, as an undoubted Right by virtue of
that Grant from the Proprietors to the People of any part of the Coun-
try ; is as valid as their Grant or deed to any particular person
would be and no more revokeable and tho the Grand Deed is gen-
eral, without nameing any particular person yet every particular per-
son, fullfilling the Condition entitles himself then to a part of the Grant
and it Ix^comes a parti<»ular Right and Title to him, and th5 the Proprietors

480 COLONIAL RECORDS.

Establishments in point of Government might be revokeable yet Grant*
of lands cannot be revoked and that the Grand Deed has allways been
looked upon as a firm and absolute grant of the lands in Alljemarle
County (on conditions) they further evidence by any patent made out
since to each particular person in the' County for this Grant by the Grand
Deed and people complying with it is made the consideration expresvsed
in each private Grant. The form of the Patents in Albemarle County
running thus His Excellency &c — Know ye that toe &'c — According to our
great Deed bearing Date the 1"* day of May 1668 do give and grant —
Acres Ac — and after the land is desc^ibeil and bounded it's added Which
is dt(£ for the Impotiation of one jyerson for every fifty acres &c: which
importation was made a Right and l)eing proved entitnled People to so
much land, under the General Grant of the Grand Deed, and upon it,
a warnint from the Governour issued to the Surveyor General to measure
out so much land where the claimant lay'd his Rights (that is) wherever
he chose to have it layed out to him and on the Return of the Survey a
Patent was made out — still referring to the Grand Deed (as I just now
mentioned) so that the Patent is but a confirmation of their previous
conditional Right by the Grand Deed and a concession of it, and the i)eo-
ple further plead, that this Grand Deed is confirmed by a Law of the Coun-
try still unrepealed among the Body of their Laws that Establishes the
forms of particular Grants or Patents under the Grand Deed and what
Rent is to l)e reserved on it. So that bv the Charter from the Cn)wn to
the Proprietors and their Heirs and assignes and by the Grant from the
Proprietors to the County of Albemarle, by their Grand Deed on such
conditions and Rents (vizt :) the same as in Virginia which is two shill-
ings for ever}' hundred acres) and this confirmed and established by a
Law still in force, which provides that Patents should issue under the
Grand Deed to Albemarle County upon those Conditions and on that
Rent reserved The people still claim it as their undoubted Right in
Albemarle County to take up Lands on those conditions and at that
Rent. Upon the whole they conclude that although the Grand Deed
from the Proprietors to Albemarle County was a Grant on condition to
be fullfilled, yet it is an absolute Grant, and what was never in the power
of the Lords Proprietors to revoke if they had been desirous so to do,
but they never did attempt to revoke the said Grand Deed. And as to
the supposed order to Governour Eden mentioned by your Lordships
Secretary I am pursuaded your Lordships have been misinformed in that
particular for I can find no such order, nor can I learn that ever any
such order came here but am in the most possitive manner assured there

COLONIAL RECORDS. 481

was not. Nor was there ever any grant made at the Rent of one penny
^ Acre nor any Patents ever issued at a higher Rent than two shillings ^
hundred acres which is the same as the Quit Rents of Virginia and being
there paid in Tobacco or money at the Choice of the Tennants, the peo-
ple here claim a right of paying in the same manner but this affair is
not yet come in debate because the Kings Receiver has not l)een in this
Government nor any Quit Rent^ collected since my arrival The Pro-
prietors it is reported once denyed the deed nor could any Record be
found in their Office at home but the Original being in this Country was
by the Assembly ordered to be reconled in the Secretary's Oflfice and in
every precint in the Government and then sent home a copy which con-
vinced the Prop" it was a firm Grant & they let the dispute drop & the
Assembly have since chosen a person to keep it. Before I lefl London
I informed your Ijordships of this Grand Deed & carefully inspected the
l)ooks belonging to the affairs of this Province delivered up by the Lords
Proprietors but could find no Copy of this Deed.

3"*. As the People claim it as their Right to have lands survejred and
Patents made them on the Conditions of seating and planting and two
shillings "^ hundred Quit Rent I have granted Warrants after the usuall
manner and some surveys have been made, yet I have not ventured to
make out any Patents nor indeed \v\\\ people take them at the Rent pre-
scribed of 4 shillings ^ hundred which has discouraged abundance of
people and is not only a Detriment to the offices but a great hindrance to
the settling and growth of the Country and here I must begg leave to
observe that what is mentioned in my Instructions and now repeated in
your Secretary's letter, as a great reason and inducement for the people
to pass an Act for such a Rent and for Registring their Lands &c: is
uj>on a very different foot in this Government from what it is in South
Carolina, there the Quit Rents were due, and in arrear allmost 20 years
l>efore the Kings purchase which His Majesty graciously offers to remitt
on passing such an Act, but here the Quit Rents were annually collected
and applyed towards supporting the Government, in paying the Govern-
our's and other Salarys and charges so that what would be really a great
Favour to the People of South Carolina from His Majesty would not be
so here where the case is very different nor will the people ever be easily
brought to register over their lands again indeed if that was done it
would be a certain means to make a Rent Role by, that is so much wanted
and which for that very reason the People will endeavour to avoid, I
mean a register of every man's land that he now holds (whether by Pat-

61

482 COLONIAL RECORDS.

ent or raean conveyance) and the Rame to be continued for the fiitnre
which would effectually make and keep a conipleat'Rent Role.

As to what is mentioned in the Same Paragraph of your Secretan's let-
ter that Officers Fees should be paid in Proclamation money I must
acquaint your T^)rdshi[>8 that even the Permitting them to be received in
Bills at four for one, as an equivalent (which is much less than Procla-
mation money) has been made the greatest handle to raise Clamours
against me among the people and has been artfully and maliciously,
underhand heigh tned even by those that at the same time receive the
Benefit of it. I earlv foresaw those difficultvs and fully stated them
in my Report and Representation of the State of the Country and
desired a full and sj)eedy answer to them as allso about the I^ws partic-
ularly those passed in the name and Authority of the Proprietors in
1729 after the Surrender to the Crown especially as to the Act for the
Bills now current (that the Fees are so strenously endeavoured to be
paid in at Parr) which was not only passed afl«r the surrender, but con-
trary to the Powers, the Proprietors had given on their behalf to ratify
Laws and perhaps beyond any power they possessed themselves had I
been so happy as to have obtained pn)per answers to those points I could
have made every thing very easy here as in other things I have the
pleasure to say I have done particularly in Settling an Orderly and
peaceable behaviour so much wanted among this distracted and disor-
derly people but for want of full Instructions in those matters of such
imjwrtance to them, the people have been kept in suspence, waiting the
event impatiently, and thus fluctuating they have been the more suscept-
ible of Discontent and III impressions against me, and are informed that
such means are used that no settlement should be made while I was Gov-
ernour; and Rumours artfully spread through the whole Country that I
shall soon be removed whither I have done anything amiss or not which
is highly reflecting upon the honour and Justice of his Majesty's Gov-
ernment, and a great prejudice to me giveing encouragement to invertors
of lyes framed to hurt me, by the sett of vile and base men I have to
deal with lyes have been industriously propogated by wretches who stick
at nothing and affect to have it believed that the heaping complaints tho
false and pretending grievances tho without rausc will work a change
and I shall be removed but as 1 have acted with sufficient caution and
given no real grounds of complaint I hope nothing will be received so
much to my prejudice, as to be condemned unheard.

Notwithstanding your Lordships observe some disputes I have had
with the Assembly about the appointing a Clerke to that House yet there

COIX)NIAL RECORDS. 483

never were any nay not one word about it ever passed when I had the
Journal of the Lower House before me to make notes on to l>e sett in
the Margin as commanded by an Instruction I saw in the Minutes, that
they liad appointeil M' Williams their Clerk and therefore wrote the
following Remark which your Lordships will see upon the Margin of
that Journal Mr WiUiamH was appointed by a Q/inmMxioii fraia me which
was produced to the House and he acted by virtue of it but the House pre^
tending a Right to appoint tlieir own derke omitted takeiiig notice of die
Commission I luvd given.

The 14*** Instruction I will observe and obey to the best of my knowl-
e<lge and understanding and will insist on my Right to nominate and
appoint the Clerke of the liower House in the next Assembly and will
not give up that point It is my Opinion the Burgesses whi(^h are to
sett in July next will aim at much more power and Privil^es then the
Meml>ers of Parliament in Great Britain. Copys of the Commissions
given to the Chief Justice and assistant Judges will accompany this
Ijctter to your Lordships.

Your Lordships desire to know how the matter stands with respect to
the Power claimed by the Assembly of chuseing the Publick Treasurer of
the Province, what has been the constant practice and by what authority
M' Moseley was originally appointed.

I have formerly been very full in the Debates with the Assembly one
that Head in the Journals and Representations I sent your Lordships
which to avoid Repetition I referr too, but to obey your Lordships I
shall again state the arguments about the Treasurer in the strongest
lights.

The Assembly claim it as their Right to appoint the Province Treas-
urer who is the keciper of the Province Money, tliey say that the moneys
ariseing out Rents and such His Majesty ^s dues which are an inherent and
heriditary Right, and like the Domains of the Crown : His Majesty is to
appoint his Collectors and Receivers or Treasurers for, but where the
money is raised by the Assembly for particular Ends and Uses for the
Defence and service of the Country, as the same is to be applyed to such
uses, as the Assembly think proper to appropriate it, so they think they
ought to appoint the manner and persons for the directing and manageing
thereof, and insist that as they have the direction of the end they ought
to have the appointment of the means or the End may be frustrated, and
they further affirm that it has all along been the Practice of this Country
to appoint the Treasurers for receiving the money they raise and add
that it is so in other Colonys, On the other hand in the behalf of the

484 COLONIAL RECORDS.

Crown it may be said tliat tlio tlie Assembly as the legislative part of the
Country is to raise and appropriate the money for the Publick Service
yet the executive part of the Government being in the King and his
Ministers under him as he is the Head and intrusted with the Govern-
ment for the Publick Good whatever is executed and done for the Pul)-
lick Servic^e is under His Direction and to be done by his Orders and
Officers. And as the Treasury of Great Britain is under His Majesty's
immediate appointment tho the money is raised and appropriated by Act
of Parliament it would be very extraordinary for the Colonys to assert
or claim a higher right or Privil^e then the People of England enjoy
and if the Colonys have assumetl that Power in any place it may have
rather passed unobserved then allowed of or Established. As to M'
Moscley's appointment when I came first into this Country I found M'
Moseley called Publick Treasurer and had some Bills of the Publick
Currency in his hands but by what Right he was made publick Treas-
urer of the Province I could not be satisfied and pursuant to my Com-
mission and Instructions I nominated M' Smith then Chief Justice to
be Treasurer of the Provincie but he privately withdrawing before the
Commission was made out the matter has rested waiting to be further
instructed from home. Upon nx^eiving your Lordships Letter I writt
to M' Moseley to know how he was appointed and received an invasive
answer whiiih I thought proi>er to send herewith to your Ijordshij)s.

Your Lordships observe that tho he is stiled Publick Treasurer by
several of the Laws yet it doth not appear how or when he was made
so. I have taken the pains to search the Laws and Publick Acts of the
Government but can no where find that he was expressly appointed
Treasurer of the Province. In antient times the Quit Rents and other
dues of the Proprietors were received by their Receiver General being
applyed to the Support of the Government. I cannot learn there was
then any other Treasurer and what Small levys were raised by the
AssemVJv were collected by the SheriiTs or marshalls and accounted for
to the Assembly who paid what Small claims there were on the Publick
therewith but when the Indian War broke out in 1711 a great duty was
layed on all goods exported or imported by land or water and several
jiersons appointed to collect it that were called Treasurers who gave secu-
rity for their Offices but because this could not be speedily raised they
were obliged by the Emergency of the War to make a paper currency
and enacrted £4000 in Bills should be struck the Bills to be paid to the
Possessors, at times limited in the Bills with Interest, and were appointed
to l)e paid the possessors when due, by the Treasurers of the dutys; M'

COLONIAL RECORDS. 485

Maseley was one of the Commissioners for emitting these Bills, and
others in the Service that had Certificates of their Claims being allowed
by j>er8ons appointed to examine and grant them. I am the more partie-
nlar in this because it was the first appointment of Bills and the first
time I find M' Moseley regularly concernecl with the Publick Money
indeed he in his letter Says it is from 1708 but from 1708 till near the
time I mention was what they call to this day the tcoublesome times, or
Cary's usurpation, when all things were in confusion. Afterwards more
Bills were made much in the same manner, a I^and Tax and a Pole
Tax were lay'd to call in and sink the Bills and a Treasurer ap|)ointed
in every Precinct who had collectors under them to gather in the
Taxes, these Precinct Treasurers were sometimes called Publick Treas-
urers to distinguish them from their under Treasurers In 1715 £24000
in Bills were made without running on Interest or any determinate
time of payment mentioned in them. M' Moseley was of the Com-
missioners for makeing them and when \jompleated they were to
l)e deposited in M' Moseley *s hands to exchange the old Bills that
were called in and the rest were to be delivered by him to the
Prec^inct Treasurers in order to l)e sunk. Afterwards M' John Lov-
ick and others were appointed Commissioners for takeing and state-
ing the Publick Accounts, they were to adjust the Sevend Treasurers
Accounts and receive what Bills they had collected in and burn them,
which was accordingly done Till 1723 but tlien on pretence of the old
Bills lx*ing torn and defaced a new Enu'ssion was made of £12000 to
exchange them it being computed there were about that sum outstanding
Christopher Gale M' I^ovick and Edward Moseley E&(f* were appointed
Commissioners for makeing them, and when made, they were ordered by
the Act to be delivered to E. Moseley (Publick Treasurer) in order to
exchange the old Bills (which were to be burnt) and to pay the Marshall
any County charges due, and at that time the Act for the land Tax and
Pole Tax was repealed and a new Levy made of 5 shillings Pole Tax to
l)e levyed in these Bills by the High Sheriffs, or Provost Marshalls and
their Deputys Annually and to be paid to the Publick Treasurer who
was to have the Bills so brought in before the Assembly who usually
ordered them to be payM by M' Moseley out again, for paying the Assem-
blys and other contingent charges of the Government which kept up the
Sum of Bills circulateing in the same Act it is provided, that Edward
Moseley Piihlick Treatmrer give bonda of £1 5000 to the Goveniour for
his fnithfuU discharge in his said Office- and disposeing the Publick Money
as directed in this Ad. This was the first time M' Moseley was called

486 COLONIAL RECORDS.

Publick Treasurer and from this Act it is argued, that by being c&lled
Publick Treasurer and haveing the Publick Treasury thus put in his
hands and being required to give Security for the Office, he in eflPect was
made Publick Treasurer. And the Secret seems to be that Moseley who
had a considerable share in getting the Act passed, chose to be called
Publick Treasurer rather then formerly appointed Treasurer of the
Province least it mijght start difficultys. On the other hand against M'
Moseley it may be argued that by the Act he is not even called Treasurer
of the Province but only a Publick Treasurer and the business he is
appointed to manage is only with respect to that sett of Bill money.
For the disposal of the Publick Money as directed in the Act. As it is
expressed in the last Clause of the Act and consequently when that sett
of Bills should expire his Treasurership should end so that he was pub-
lick Treasurer only to a particular purpose and not Province Treasurer,
nor by this Act could he be Treasurer of any other moneys, the Country
should raise and therefore not province Treasurer. Thus the matter stood
for some years the Bills as fast as they were drawn in by the Sheriffs, and
paid M' Moseley were by order of Assembly paid out again by him for
contingent charges, and in their orders, on his makcing up the Accounts he
was usually called Publick Treasurer till 1729. When a new sett of
Bills were made and the old ones called in. That year an Act was
made for Emitting £40.000 M' Lovick M' Moseley and others ap-
pointed Commissioners for makeing them done £10.000 Pounds were
ordered to be delivered to Moseley to take in the Old Bills then
to be exchanged and the rest to be delivered to Precinct Treasurers,
appointed in each precinct to be delivered out on Interest or land secu-
rity and tho the validity of this Act is questioned it being ratifyed by
the old Grovernment after the Purchase and surrender to the Crown, vet
in fact it was done and the old Bills called in and the Bills now current
are of that New Sett M' Moseley is in this Act several times termed
Publick Treasurer but then it is only in such places as mention the Ex-
changeing the Old Bills of which he was made Publick Treasurer by the
Law in 1723 But he is nowhere in this Act called Publick Treasurer,
in anything relateing to these Bills or Publick Money for the Future
on the contrarv the Act looks on the Publick Treasurv to l)e devolve<l
on the several Precinct Treasurers and provides that the Publi(^k Treas-
ury may have wherewith to answer contingent charges of the Govern-
ment A Pole Tax of three Shillings is layd to be received by the Pre-
cinct Treasurers and not by M' Moseley and the piiying the Interest
Money to the Precinct Treasurers is tilled paying into the Treasury and

COLONIAL RECORDS. 487

they are ordered to dispose off £5000 of it to particular uses and contin-
gent charges of the Government so that it doth not seem to be intended
by this Act that there should be one Treasurer or the Publick Treasury
in one Man's hands but in all the Treasurers of which M' Moseley was
one (viz*) for the Precinct of Chowan So upon the whole whether M'
Moseley by the I-iaw of 1723 was made Treasurer of the Province or
only to be looked upon as Treasurer for that sett of Bills which 'are now
Extinct and how far the new revival of Precinct Treasurers and M'
Moseley's being appointed one of them for this New sett of Bills deter-
mines His authority derived by the law of 1723 I shall leave your Lord-
ships to determine: haveing done my duty in fairly stateing the Matter
to your Lordships and shall be glad I may be favoured with full Instruc-
tions on an affair of so much consequence.

As all Publick Dues are paid in Bills only in North Carolina it is
reasonable and just that they should be received for no more than they
are rated att. Yet I am very certain when Warrants are signal for i>ay-
ing Judges and other attendants on the two Courts of Oyer and Terminer,
I am commanded to call every year the whole Country will be in an up-
roar and I am in doubt whither the Council will consent to my issueing
of them in that manner. There has not been anything paid for the three
Courts all ready held.

I did myself the honour some time past to accjuaint your Lordships
with the Motive that induced me to endeavour to perswade your Lord-
ships to cause an Alteration in the Bounds sett down in the Instructions
between the two Governments of Carolina (vizt) to save the Kings
money, your Lonlships well know how much was paid to the Commis-
sioners and others imployed on the part of Virginia in running a line,
and how much land was sold in this Province to defray the said charge.
To mark out a divideing line between North and South Carolina will be
a much greater Ex pence because that part of the Country, where the
line will go is uninhabited. If a line is to l)e run, your Lordships will
direct how mony suflBcient to pay for it may be procured to enable me
to Execute the Instruction to that end without money it cannot \ye per-
formed.

Haveing before shown your Lordships what difficultys I labour under
for want of direc»tions about the Laws of this Country desire your Ijord-
ships after the Attorney and Soliciter General have given their opinions
upon them you will be pleased to send your Instructions with the Dis-
patch necessary on this occasion.

4. The Direction your Lordships give in respect to the Inhabitants
that were taken from Virginia by running the line I think it is very just,

488 ' COLONIAL RECORDS.

when I came first into this Country I was informed that about one third
of them People had renewed their Patents in this Government and are
upon the list I sent your Lordshij^s from this place the first of July
1731. I informed some others who had not renewed, that it was my
opinion they had no occasion to do so but that I would desire yoiir Lord-
ships opinion therein and they might be easy till I was honoured with
your commands.

5. In the year 1724 an order of Council (hereunto annexed) was made
at the request of the Assembly to enwurage the settling the Southern
Parts of this Province aud manv Warrants issued but no account was
kept of the number it was the custom for the Governor (while the Pro-
prietors held this Country) to Sign Warrants for land, these Warrants
were not filled up when signed but a Blank remained to contain the
names of the takers and the Warrants remained in the Secretary's hands
who either filled them up himself or they were delivered by him to the
Deputy Surveyors who did the Same for Such as imployed them, in Sur-
veying but they have not made returns of those Surveys Therefore it
is impossible to send your Ijordships a distinct account either of the
Number of those Warrants, their Dat^s or to whom given. This Prov-
ince being divided into two Countys named Albemarle & Bath, the
people who took up lands in Albemarle did it under the Grand Deed,
in Bath County the Proprietors sold the land att a small price and
reserved a less rent then in Albemarle, the consideration upon the War-
rants I now writ€ of was to be three shillings (in Bills) "^ hundred acres
and seating and planting within two years I am informed a great deal
of land taken under that order of Council was purchased and patented
dureing the time Sir Richard Everard was Governour he superceded
me in 1725 and I him in February 173^ not more than 640 acres were
to be held by one of them Warrants, but people took that or any less
Quantity as they judged proper att the signing the Warrants, there
was no other Scituation specifyed then lying and being in Bath County.

Haveing given your Lordshij)s in former Letters an Account of the
frauds and roguerys practiced by M' Moseley M' Ashe and their con-
federates in surveying and selling lands I shall only add under this Head
that my endeavouring to serve the King faithfully in this matter has
made them and their friends and partakers my inveterate Enemys, a
dangerous Crew they are, and unhappy must be, every honest man that
has anything to do with them.

I b^ leave to inform your Lordship that soon after the date 'of my
last letter I sett out with Indian Guides and some white men to mark a

COLONIAL RECORDS. 489

Road tho the middle of this Province from Virginia to Cape Fear Prov-
ince River and to discover and view the lands lying in those Parts till
then unknown to the English inhabiting tliis Government. I spent
seven weeks in that Expedition, believe the land sufficient to contain
about three Thousand Plantations I remarked that Several Rivers b^an
their courses much higher up the Country then delineated in the Map
and some that I crossetl are not t^ikcn notice of This part of North
Carolina tho none of tlie Rivers are navigable so high for Ix^ats, and as
yet uninhabited will hen^after he full of People The lands are very good
and healthy and well supplyed with Springs anil Brooks of Excellent
water. The road is layd out which will prove very serviceable to people
that have occasion to go from the Northern Countrys to South Carolina
by my computation allmost two hundred miles rideing will be saved
them and the crossing many broard Rivers prevented. Wackamaw Lake
conies within five miles of the Northern branch of Cape River. I
expended a great deal of money on this ocK^^asion in Presents to the In-
dians and in paying the other men that went with me

I have taken Great care to transmit to your Lordships from time to
time the state of affairs in this Province and sett forth to your Lordshii)«
the methods by which this country may \yc rendered flourishing & use-
full to Great Britain. As M' Popple's letter touches but upon some few
of the many j)articulars I have layd before your Lordships I hoi)e
speedily to be honored with your commands in relation to the Laws of
this Country and other matters of great cx>nsequenoe to the Well fare
of the Province not taken notice of in your Secretary's letter
I have the Honour to remain (with due respect)
My Lords of Trade and Plantation
Your Lordships
Most Humble

and most obedient servant

GEO: BURRINGTON.

To His Excellency the Governour and Council of North Carolina

Copy of M' Moeeleys Letter when he was required to shew how he was
made Treasurer.

His Excellency the Governour haveing been pleased to send for me
to the Council Chamber and causeing to be read unto me a Paragraph of
a letter from the Right Hon"' the Lords Commissioners of Trade and
Plantations concerning the Publick Treasurer of this Provinc^e and de-
siring my answer thereto. I answer and say.

62

490 COLONIAL RECORDS.

!■*. As to the power claimed by the Assembly of choosing the Pub-
lick Treasurer I think it proper to be answered by the Assembly.

2"**. To the best of my Remembrance for upwards of Twenty eight
years I have been concerned in the Publick affairs of this Province. The
constant Practice has been for the Assembly to appoint the Treasurers
and gatherers of money raised by the Assembly. And this was always
the Practice before as far as I can learn by those Journals and Acts of
Assembly which I have seen nor do I remember to have met with any
Precedents to the contrarv.

3**. The first of my appointment to be Publick Treasurer was by that
Assembly that first emitted Publick Bills of Credit, or near that time;
For the Truth of which I refer myself to the Journals and Acts of As-
sembly and the several Bonds I have given for the faithfull discharge of

that Office pursuant to divers Acts of Assembly.

E. MOSELEY.
April S** 1733.

George the Second by the Grace of Grod King of Great Britain France
and Ireland Ac : Defender of the Faith Ac :

To our Trusty and well beloved William Smith Esq" Greeting.

Note by Grov. Burrington. — Copy of Mr. Smith's Patent issued
upon his producing in Council the Kings Warrant to be Chief Justice of
No: Carolina. [See page ante 136. — Editor.]

No : Carolina — ss.

Greorge the Second by the Grace of God of Great Britain France and
Ireland King Defender of the Faith Ac :

To our Trusty and Well beloved John Palin I^sq" Greeting.

We reposing especial Trust and Confidence in the Loyalty and Fidel-
ity and Ability of you the Said John Palin Esq" and out of our meer
motion certain knowledge and Special Grace Have ordained constituted
and appointed and by these Presents do constitute ordain and appoint you
the Said John Palin Esq" by the name and Style of Chief Justice or
Judge of our Said Province of North Carolina to hold and determine
in our Greneral Court of Said Province all Pleas as well Civil as Crimi-
nal and all other Pleas whatsoever arising and happening within our

COLONIAL RECX)RDS. 491

Said Province of North Carolina Giving and hereby granting you the
Said John Palin Esq" full Power and authority to do perform and exe-
cute all Acts matters and things whatsoever which in our Said Province
to the Office of a Chief Justice in anywise belong or appertain and in
as large and ample manner to all intents and purposes as any Justice of
any of our Courts of Westminster or any of the English Plantations in
America may or ought to perform or Execute To have and to hold the
Said Office of Chief Justice in our Said Province during our Pleas-
ure Together with all Fees Perquisites Priviledges Liberties Immu-
nities and Casualties belonging to the Said office. In Testimony whereof
we have caused these presents to be done under the Great Seal of our Said
Province. Witness our Trusty and Well beloved George Burrington
Esq" Captain General and Governor in Chief in and over our Said
Province at the Council Chamber in England the 27*^ day of July in
the fifth year of our reign Anno: Dom : 1731.

GEORGE BURRINGTON
By command of his

Excellency the Governor and

Council.

Rt: Forster.

Deputy Secretary.

»

Note by Gov. Burrington. — Copy of Mr. Chief Justice Palin's
Commission who was appointed when Chief Justice Smith withdrew and
left his Post without leave the King's Warrant to Smith being only dur-
ing his residence in the Province and so on his quitting it the post was
vacant.

No: Carolina — ^ss.

His Excellency George Burrington Esq" Captain General and Governor
in Chief in and over His Majesties Province of North Carolina.

To George Martin. Henry Bonner \ p • --

Isaac Hill and Thomas Lovick Esq" / ^

By virtue of his Majesties Commission appointing me Captain Gen-
eral and Governor in Chief of the said Province with full power and
authority to commissionate and appoint all Officers Civil and military
within the same and being commanded by his Majesties Royal Instruc-
tions to choose Persons of good abilitys for assistants Justices and Majis-
trates in the said Province. Out of the assurance I have of the Loyalty

492 COLONIAL RECX)RDS.

Integrity Prudence and abilitys of you the said George Martin Henry
Bonner Isaac Hill and Thomas Lovick I do by these presents by and
with the advice and (X)nsent of his Majesties Council appoint conimis-
sionate and assign you the said Greorge Martin Henry Bonner Isaac
Hill and Thomas Ix)vick Esf|" during Pleasure to be assistant Justices
of the General Court of the said Provin(« which Court you or any two
of you are hereby inn)owere<l ti^ther with the Chief Justice of the said
Province to hold at such times and places as by Law are or shall Ix*
ap|M)inted for holding the same with full power and authority with the
said Chief Justice to hold Plea hear and determine all causes real personal
or mixt of what kind or nature soever arising or happening within said
Province to be there heard and determined and generally to act and do
whatsoever to the office and duty of assistant of said Court doth or may
l)elong with as full and ample power as any assistant Justices or associ-
ates of said Court have had used and enjoyed in all things proceeding
acconling to the Ijaws customs and usuiiges of this Government and as
near as may Ix? agreeable to the Laws and Customes of Great Britain.
In Testimony whereof 1 have hereunto Sett my hand and claused the
Great Seal of the said Province to be hereunto affixed at the Council
Chamber in Edenton the 27"" day of July. In the fifth year of the reign
of our Sovereign Ix>nl King George tlie Second. Anno. Dom: 1731.

GEORGE BURRINGTOX.
Bv c*ommand of his

Excellencv the Governor and Councril.

Rt: Forster.

Deputy Secretary.

Note by Gov. Burringtox.— Copy of the Assistant Justit«s Com-
mission : Note the first that was made out is not to be found and its
supposed Mr. Smith mrryed it olf wHth him as he clandestinely took
away the King's Warrant to me to appoint him Chief Justice.

No: Carolina — ss.

George the Second by the Grace of God of Great Britain France and
Ireland King Defender of the Faith &c :

To all to whom these presents shall come. Greeting

Know yee that wee reposing special Trust and confidence in the Loy-
alty Integrity and great abilities of William Little Esq" and out of our
meer motion certain knowledge and s{)ec^ial grace have assigned and ap-

COLONIAL RECORDS. 493

pointed and by these presents do constitute ordain and appoint the said
William Little Esq" by the Name Authority an Style of Chief Justice of
our Province of North Carolina to hear hold and determine in our Gen-
eral Court of said Province all Pleas as well Civil as Criminal all Pleas
of the Crown or betwixt party and party Real personal or mixt or of
other kind arising or happening within our said Province to be there
heard and determined and of all Crimes and Offences done or perpetrated
capital or not capital after the due Form of Law in all cases to proceed
award and determine as to Justice shall appertain and of right is to be
done. Giving and hereby granting to the said William Little Esq" full
power and authority to awanl Process and do and perform all and every
act or thing whatsoever which to the compleating of Justice and due order
of the same in the said office of Chief Justice doth or may belong or hath
been held used and accustomed. And Generally to act and do with as
full power and authority in our said Province as any Chief Justice or
Baron in any of our Courts at Westminster or any Chief Justice in any
of our Plantations in America hath or ought to have re8i)ectively To
have and to hold the said Office of Chief Justice of our Province of
North Carolina during our Royall Will and Pleasure together with all the
Jurisdictions Rights Priviledges and Immunities thereunto belonging
Incident or of Right appertaining with full power and authority to take
demand and receive all Fees Perquisites Profits and allowance to the said
Office belonging accrueing or that may be granted «r assigned. In Testi-
mony whereof we have caused these our Letters Patents to be done under
the Great Seal of our siiid Province. Witness our Trusty and well be-
loved George Burrington Esq" Our Captain General and Governor in
Chief of our said Province. Given at Edenton the Eighteenth day of
October in the Sixth year of our reign. Anno: Dom: 1732.

GEO: BURRINGTON.

By order of his Excellency

the Governor and Council.

Rt: Fokster.

Dep*^ Sec^

North Carolina — ss.

His Excellency George Burrington Esq" His Majesty's Captain Gen-
eral and Governor in Chief of said Province

To Roger Moore. John Worley William Owen Mackrora Scarborough
& William Badham Esq"* Greeting

By Virtue of his Majesties Commission api)ointing me Captain Gen-
eral and Governor in Chief of the said Province of North Carolina with

494 COLONIAL RE(X>RDS.

full Power and Authority to commissionate and appoint all Officers Civil
and Military within the same and being cofnanded by his Majesties
Royall Instructions to choose Persons of good abilities for Assistant Jus-
tices and Magistrates in the said Province.

Out of the assurance I have of the Loyalty Int<^rity and go<Kl abili-
ties of you the said Roger Moore John Worley William Owen Mack-
rora Scarborough and William Badham I do by these Pi'esents by and
with the advice and consent of His Majesties Council apiH)int commis-
sionate and assign you the said Roger Moore John Worley William
Owen Mackrora Scarborough and William Badham Esq" during pknis-
ure to be assistant Justices of the General Court of said Province which
XJourt you or any one of you together with the Chief Justice of said
Provin(« are hereby impowered to hold at such times and places as are
or shall be appointed for the same with full power and authority to hold
plea hear and determine after the due form of I^w all (jauses Civil Real
Personal and mixt or of other kind whatsoever whether Pleas of the
Crown or betwixt Party and Party or any matter or thing whatsoever
arisipg or happening within the said Pix)vince to be there heard done and
determined. And generally to act and do whatsoever to the Duty and
Office of Assistant Justices of the Said Court doth or may belong with as
full and ample Power as any Assistant Justices or associates of said
court have held used and enjoyed in all things proceeding after the Laws
customes and usuages-of this Government and as near as may be accord-
ing to the Laws and Customs of Great Britain. And if the said Chief
Justice at any time by sickness or any other accident be absent or hin-
dered from setting you or any Two of you are hereby impowered to hold
said Court and to do and perform whatsoever is there to be heard done
or determined with full power also to any one member of said Court
from time to time to adjourn the same. In Testimony whereof I have
hereunto set my hand and causal the Great Seal of the Province to be
hereunto affixtxl.at the Council Chamber in Edenton the £jghteenth day
of October in the Sixth year of His Majc^sties reign Anno: Dom: 1732.

GEORGE JJURRINGTON.

By order of the Governor and Council.

R. FoRSTEK, Dep*^ Sec^

COLONIAL RECORDS. 495

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 32.]

REMARKS UPON THE INSTRUCTIONS TO THE GOV-
ERNOR OF NORTH CAROLINA.

1'*. By the Pa|>cr8 I have seen in your Lordship's office it ap])ears
that in 1728 Sir Richard Everard then Deputy Governor in Council
onlered John Ix)vick then Secretary to disjKXse of no more of the soil of
North Carolina until His Maj'^" pleasure should be known. But in the
year 1729 the said Sir Richard l)eing prevailed upon by the arts of the
said Ijovick and William Little the receiver and others issued a great
many Pattents wherein the number of acres was left blank and the Re-
ceiver General Little's receipt likewise in blank for the purchase money
so that the possessors of such Patents have it in their power to putt in as
much land as they please.

It seems to have been Sir Richard's intention that every Patent he
signed should contain only a Tract which is 640. acres, instead of which
some People have filled up their Patents with 5000. some with more,
some less.

M' Burrington's Fourty first Instruction related to this aiTair and is
as follows.

In (X)nsequence of this Instruction M' Burringtcm (tailed the Partys
before him and after a superficial enquiry awjuitted Messrs Lovick and
Little but as Sir Richard Everard is now dead this Instruction cannot
continue in the form that it now is and as these blank Patents are every
day produced, and have been transferr'd from one Person to another, and
valuable considerations have been paid for them by several persons It is
humbly submitted to your Lordships whether in Place of the said In-
struction it will not be proper to substitute one ordering the frauds of
the blank Patents to be strictly enquired into & the Persons guilty to
make good what money has been paid for their Patents to them, and that
they should be prosecuted according to law.

2"** Fourty seventh Instruction

The B^inning of this is already complied with and was in its own
nature temporary the last Clause is — *'But in the meantime you are to
take especial care that no office or place whatever in our said Province
be executed but by Commission to be granted by us or by you our Gov-
ernor under the seal of our said Province."

Tho' this part of the Instruction is very full and strong yet when it
was laid before the Assembly of North Carolina the lower house came to

496 COLONIAL RECORDS.

the following Resolution — "This House is of opinion that the fourty
seventh Instruction doth not extend to officers appointed by act of
assembly as are the publick and precinct Treasurers and several other
officers It is therefore huniWy propose<l that at the end of the above
mentioned Clause it may be added And this to extend to such officers as
were formerly used to be appointed by act of Assembly particularly the
publick and precinct Treasurers.

3. As M' Burrington thought proper to give coppies of his Instructions
to a great many [)eople, which may give great handle for contention
about the Governors Power and as the Instructions are the same in Num-
ber. It is humbly pro|K)se<l that your Ivordships would alter their order
so as that when the Instructions which are necessary to be laid before the
Assembly shall he found to be of a different Number from what the
same was in M' Burrington's, they can never \ye certain that our Instruc-
tions are the same.

4. Your Lordships please to let me have a Coppy of the Attorney Gen-
eral's opinion as to the validdity of the Laws particularly as to the
emission of Bills of Credit in 1729 after His Majesty's purchase took
place. A point that deser\'es the utmost attention.

5. I find M' Burrington has represented at several times to your Lord-
ships how proper it would be to reduce the quitt rents from three shill-
ings to two sh: '^ 100. acres which is the quitt rent of Virginia the
neighlx)uring Province I cant help informing your Lordships that all the
People of that County whom I have seen have represented it to me as a
great hardship that they should pay one shilling ^ 100. acres more than
Virginia which has so good a staple as Tobacxx) and such a number of
good harlxnirs for navigation but which they are deprived of.

Quere If it Ije necessary to enquire into the complaints of the Prov-
ince against M' Burrington.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 125.]

LORDS OF TRADE TO THE KING. 18 JULY 1733.

To the King's most excellent Majesty

May it please Your Majesty,

In obedience to Your Maj. commands signified to us by His Grace
the Duke of Newcastle in his letter dated 27 March 1733 We have pre-

COLONIAL RECORDS. 497

pared Draughts of General Instructions and of those whieli relate par-
ticularly to the Act« of Trade & Navigation for Gabriel Johnston Esq.
whom Your Majesty has been pleased to appoint Governor of the Pro-
vince of North Carolina wherein we have made uo material alterations
from the instructions which Your Maj. was pleased to approve for M'
Burrington your late Governor of this Province except in the 41** Article
whereby he was directed to examine into several complaints against Sir
Richard Everard formerly Deputy Gov' of this Province as also con-
cerning his having issued several blank patents for land which the pos-
sessors were at liberty to fill up with as great a number of acres as they
should think fit but Sir Richard Everard l)eing since dead we have left
out that part of the instruction which related personally to him and have
prepared a new one for M' Johnston by which he is directed to make a
particular enquiry into the Grants of land which have been made in this
Province sinc« the Year 1728 and upon discovery of any fraudulent
practises therein to order the necessary prosecutions for vacating the same
of all which he is directed to transmit particular accounts to be laid
before Your Majesty.

We further beg leave to accpiaint Your Majesty that James Jenoure
and John Porter Esq" lately Members of Your Maj. Council in North
Carolina being lately dead Cornelius Harnet Esq. some time Member of
the same Council having resigned and Edward Moseley, Roger Moore
and CuUen Pollock Esq" having been recommended to us as persons
every way qualified to serve Your Majesty in this station we have
inserted their names instead of the said James Jenoure John Porter and
Cornelius Harnet

All which is most humbly submitted

P. DOCMINIQUE

T. PELHAM.

Whitehall M. BLADEN

July 18* 1733

[B. P. R. O. Am: A W. Ind: No. 692.]

BOARl^ OF TRADE TO THE DUKE OF NEWCASTLE

18 JULY 1733.

My IjORI),

We take leave to inclose to your Grace, the Draughts of Greneral

Instnictions, and of those which particularly relate to the Acts of Trade
63

498 COLONIAL RECORDS.

and Navigation for Gabriel Johnston Esq" whom his Majesty has been

pleased to appoint Governor of North Carolina and to desire your Grace

will please to lay them before his Majesty. We are

My Lord

Your Grace's

most obedient &

most humble Servants

DOCMINIQUE

T. PELHAM.

Whitehall M. BLADEN.

July 18*^ 1733.

His Grace the Duke of Newcastle

[B. P. R. O. North Carolina. B. T. Vol. 21. pp. 128-213.]

INSTRUCTIONS FOR OUR TRUSTY AND WELBELOVED
GABRIEL JOHNSTON ESQ" OUR CAPTAIN GENERAL
AND GOVERNOR IN CHIEF IN AND OVER OUR PRO-
VINCE OF NORTH CAROLINA IN AMERICA GIVEN
AT OUR COURT AT ST. JAMES THE 18^ DAY OF JULY
1733 IN THE SEVENTH YEAR OF OUR REIGN.

[N. B. These Instructions are identical with the Instructions to Gov-
ernor Burrington, dated 14 Dec. 1730, as stated in the Representation to
the King inclosing Draught of same for His Maj. approval of 18 July
1733 — except the 41** Article and the alteration of three Councillors'
names. — W. N. S.]

[B. P. R. O. Am: A W. Ind: No. 692.]

SAM. WEBBER & OTHERS TO THE DUKE OF NEWCAS-
TLE. LONDON 2^^ JULY 1733.

May it please your Grace,

We understand S' Phillip York's opinyon is that his Majestic to grant
us a Charter might cramp the Woolen factory &c: (Wee are sorry his
Honors business would never spare to hear us which can be made as clear

COLONIAL RECORDS. 499

as noon day against all its enquiries that nothing yet don for Trade &
inriching England in any Kings reign or administration for the more
inlargeing it as by our scheme ready to be produced may appear Though
S' Phillip ordered me to print last May 300 Letters throughout Eng-
land when some Members of the House of Comons and Merchants would
faine brake our Interest when their Agents offered to lay me 700* if we
did not joyn them we should never obtain it for his son had an Interest
with Sir Phillip this could not move us or numerous Brethern from your
Graces Interest we are sorry lest Motives and Misrepresentations should
unhinge ours after being delayd soe long to our great loss of time and
expenee without oppertunyty to clear us of such callumny of loading
trade with difSquilty when a million rec** Petitions for it as if among
such No" Bred in trade they dont know whats most conducive to its
pix)motion l)etter then the iugenyousest Lawyer living never informing
by us except by our enquiries we humbly begg lave to wait on your
Grace a Munday for to assist and favour us to be heard by Council before
his Majestic and Council where when heard can make it appear and
every well Wisher to his Majestic and Country will own in no Kings
Reign yet (or administrations was so much good don for Englands Trade
and Glory in inriching it b^ging your Grace to hear us and favour such
just and loud complaints and as we hold our Interest yet in the Hearts
of our numerous Brethern when cald too will make a Suteable return (if
Tradesmen free from falsehood or flattery of honest Character &c:
(ware not kep at such distance Ministers of State would even live free
from envie and the Nation more eassie Humbly B^ging your Graces
pardon for this in desiring to be heard in trades defence and leave to
subscribe ourselves for ever ingadged on all oppertunytys to serve your
Graces Interest

EDWARD TOWNSEND SAM: WEBBER.
JOHN SOWDON HUGH BILLING

HENRY OLAND WILLIAM DAWE

ROBERT RUNDALL JOHN GINGELT. •

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 36.]

At the Court at Hampton Court, the 2* day of August 1733.

Present
The Kings most Excellent Majesty in Couneill
Upon reading this day at the Board a Report from the Right Honour-
able the Lords of the Committee of Couneill upon (X)nsidering a Draught

500 COLONIAL RECORDS.

of Grenerall Instructions as also of those relating to Trade and Naviga-
tion prepared by the Lords Commissioners for Trade and Plantations for
Gabriel Johnston Esq' His Majesty's Governor of the Province of North
Carolina By which Report it appeared tliat there were no materiall alter-
ations made in the said Draughts of Instructions from those which his
Majesty was pleased to approve of for M' Burrington late Governor of
this Province except in the 41. Article, whereby he was directed to exam-
ine into several complaints against Sir Richard Everard formerly Deputy
Governor of this Province as also concerning his having issued several
blank Patents for Land which the Possessors were at Liberty to fill up
with as great a number of acres as they should think fit but Sir Richard
Everard being since dead the said Lds Comm" for Trade and Plantations
have left out that part of the Instruction which related personally to him
and have prepared a new one for the present Governor by which he is
directed to make a particular enquiry into the Grants of Land which
have been made in the said Province since the year 1728 and upon dis-
covery of any fraudulent practises therein to order the necessary Prose-
cutions for vacating the same of all which he is directed to transmitt
particular accounts to be laid before his Majesty and that therefore the
said Lords of the Committee were of opinion the said Draught were
proper for His Majesty's Royall Approbation And it likewise further
appeared by the said Report that in the list of Councellors named in the
Draught of General Instructions the three following persons have been
inserted by the said Lords Comm" for Trade viz* Edward Moseley,
Roger Moore and Cullen Pollock to supply the places of James Janoure
and John Porter Esq' deceased and of Cornelius Hamet Esq' who hath
resigned — which persons the Lords of the Committee were of opinion
might be proper to be appointed Councillors in the said Province. His
Maj**^ this day took the said Report into consideration and was thereupon
pleased with the advice of His Privy Council to approve of the said
Draughts of Instructions together with the said three New Councillors,
and to order as it is hereby ordered that His Grace the Duke of New-
castle one of His Majesty's principal Secretarys of State do cause the
said Draughts (which are hereunto annexed) to be prepared for his Maj-
esty's Royal Signature.
A tnie Copy

TEMPLE STANYAN.

COLONIAL RECORDS. 501

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 50.]

BURRINGTON VS. PORTER.

letter from m' porter to the secretary dated in north

carolina the 15*^ of august 1733.

Sir,

After waiting four montlis in Expectation that Governor Bnrrington
would have proceeded agreable to the Directions of ray Lords for Trade
and Plantations (as you were pleased to signify to me by a letter bearing
date the 16"* of August la«t) I ara at last constrained in my defence to
send over the enclosed Depositions and papers without their being per-
ficted in the manner I could wish all which several Papers, I pray of
you to present with my most humble Duty to their Lordships.

After the Depositions of four such creditable persons as Colonel Mose-
ley M' Chief Justice Smith M' Ashe and M' Montgomery it would be
needless and impertinent in me to trouble their Lonlahips with any fur-
ther Testimony relating to those allegations against M' Burringtcm ; who
hals since his arrival here last l)een guilty of almost every crime saving
that of murther and in that he hath bid very fiiir on the person of the
Kings Attorney Greneral. Afl«r their Lordships are pleased to perceive
the enclosed papers, and give their Judgment thereon I do beseach you
Sir (with their permission) to cause the said papers and their Lordships
sentiments on the whole to be layd before my Ijords Commissioners of
Admiralty because it may probably be of great service towards my res-
toration to the OflBcc of Judge and the vice admiralty here, which M'
Bnrrington hath maliciously and undeservedly suspended me from, and
all because I would not come into his measures relating to the Kings
lands &c: which if I had don it might have been a prejudice to the Crown
of above five hundred thousand acres of land, about fifty thousand
whereof M' Bnrrington himself holds (as it is thought) by presents made
him from Lovick Little and Foster besides ten thousand acres which he
did unjustly acquire by a breach of the liords Pproprietors Instructions
alx)ut lands when he was Governour under them in the year 1725, those
practices in general I did formerly by three several Memorials intimate
to his Grace the Duke of Alliemarle New Castle and I prevailed at the
same time on Sir Richard Everard when Governor to do the like, a.s^
accordingly he did though afterwards Sir Richard himself fell roundly
into the fraude by the instigation of his son R who filled up an old oKso-

502 COLONIAL RECORDS.

lute blank warrant for ten thousand acres of land which warrant had been
given to his Father by a brother of mine and although this warrant which
was but teraperary and preparatory to a better Title) was procured by Sir
Richard in 1730 above twenty years after it was issued on and had for
many years lain about my brothers house as wast paper yet, so corrupt
was those times that upon Sir Richards son filling the same up and giv-
ing a bribe of about three hundred pounds our C" to M' Little the
receiver general there was a pat tent procured out of the secretary s office
for 10000 acres of the rich Saxapawhaw Lands on the Nor West Branch
of Cape Fair River. If young Sir Richard Everard (who has succeeded
his Father lately and now in London) be taxed home with this fraud before
he hath any previous knowledge thereof I am persuaded notwithstanding
his great Tallent of assurance he will not be able to conceal the Truth
and if so it will be an argument to induce their Lordships to credit my
writings. M' Burringtons Stagg-park and Burgar Ladds on the North
East Branch of Cape Fair River, has also been procured much after the
same manner, or rather worse because he was guilty of raceing out and
fourging the warrant which procured part of those lands, that is to say, he
altered an old Albemarle warrant of 640 acres at 2" 6** ^ hundred Quit
rent into a Bath County purchase warrant of 5000 acres at 6** 1^ hun-
dred Quit rent as can be made appear.

How far I have deserved to be encouraged for endeavouring to detect
and discover such fraudes by representing the same in an Early manner
to the Secretary of State, is most humbly submitted to the consideration
of his Grace the Duke of New Castle and to my Lords for Trade and
Plantations.

I am with all difference and due r^ard

Sir, your most obedient humble servant

E. PORTER

A List of the papers (in their proper order) herewith Inclosed, vizt:

N** 1. Is a deposition of Coll: Moseley principal Treasurer of the
Province and now Speaker of our General Assembly.

2. Is the deposition of John Baptista Ashe Esq" a Member of Council
by his Majestie's appointment

3. Is the deposition of John Montgomery Esq" Attorney General.

4. Is a Narrative and deposition of E. Porters.

5. A paper proving that the Governor and four of the Council did
prejudge me.

6. A further proof and confirmation of that prejudging.

COLONIAL RECORDS. 503

7. My Letter to Governoiir Bnrrington, advertiseing him hira that I
did intend to proceed to the taking Deposition agreeable to the directions
of the Lords for Trade and Plantation

8. A Paper shewing the great unwillingness of peoples giving Evidence
in Matters relating to the Governor who they well know (according to
his temper) would Seake revenge if they did.

9. A parcel 1 of Letters tacked together which I formerly received from
Governor Bnrrington ; beginning all with Dear Sir, tho he has pre-
tended to the Board of Trade that he knew but little of me Ac :

10. The Deposition of M' Chief Justice Smith.

Signed. E. PORTER.
(Endorsed)

1733.

ReC* 1"* Od»ber 1

R^ad

Depositions Rec** with M' Porter's Letter of 15 August 1733.
N* Carolina — ss.

In obedience to the Directions given to the Right Hono"* the Lords
Comrai8sionei*s for Trade and Plantations in their I^etter dated August
16. 1732. Edward Maselev of the Precinct of Chowan Gentleman was
at the Instance of Edmund Porter Esci"* summoned to ap]>ear l)efore me
Nathaniel Rice Esq" Secretary of North Carolina who on his Oath on
the Holy Evangelists taken, saith

That he hath been for many years very well aajuainted with the said
M' Porter, and his Estate in North Carolina, this Deponent living within
six mile of him; That he knoweth but very few })ersons in this Province
whose Estate and Fortune are superior to M' Porter.

Imediately after M' Porter came into this Province from the West
Indies (which was about April 1725) during the time M' Burrington
was Govemour for the Lords Proprietors there appeared to this Depo-
nent (who was very conversant with them both) a very Familiar and
Friendly acquaintance and good understanding; They were frequently
in each others company and this Deponent hath heard that after Gov-
ernor Burrington was removed from the administration of the Govern-
ment he hath been for divers week entertained at the said M' Porters
house.

This Deponent further said that sometime after M' Burrington 's arrival
as his Majesties Governour of this Province, there appeared to be no
good understanding between the said Governour and M' Porter; and

504 COLONIAL RF.CORD8.

there being some Criminal Prasecutions raised against him (as was sup-
posed chiefly by the Governoiirs means) for some Riots supix>sed to be
done or committed before the Governours arrival. All the Lawyers of
the greatest skill being against M' Porter he applyed himself to this
Depon* (who was licenced to practice the law in 1714 tho he has for some
years past declined it) to assist him in hfs defence. The Depon* assisted
M' Porter at March General Court 1732. and the Jury brought in their
Verdict, Not Guilty. But while the Jury were going out, the Governour
left the Gallery where he had been during the Trial, came within the Bar
and in great heat and passion commanded the Marshall attending the
Court to take this Deponent and bring him before him (alth5 he had his
hand on the Bible ready to take the Oaths) This Deponent moved the
Court for their Protection and that they would take notice of the Gt)v-
ernour's usuage but this Deponents motion was not r^arded the Court
being seemingly astonished. This Deponent was taken from the Court
Table carried before the Governour, afterwards held in Custody some
time, and not permitted to go home til lafe that Night. And this depo-
nent further saith that by the Governours behaviour towards him, and
other circumstances he hath great reason to believe the Governour
intended to murder him or to do him some very great personal injury.

This Deponent further saith That he was afterwards at July Gen" Court

1 732 , by the Governour's express commands by word of mouth only

(as the Marshal declared) taken just after his coming out of Court, and
carried to the common Goal, and there detained some time, for speaking
to the Court (in a cause l)etween the Governour, Plaintiff and M' Porter
defendant) his knowledge of the practice used in this Province in case of
Oyer pleaded by the Defendant and &c : And with what this Deponent
said the Court declared they were not displeased or offended. Afterwards
on a Habeas Corpus brought and return thereof made to the Marshal to
the Court, this Deponent was discharged from that Imprisonment by the
unanimous Opinion of the Court.

This Deponent further saith, that he was at the Council Chamber when
the Governour was hearing some complaints? against M' Porter. M' Por-
ter offered divers times to speak, but was not allowed. He delivered to
the Governour at the Council Table a paper, the Governour reaching
out his hand, took the paper off the Table and by his action shewed he
was going to throw it behind him into the fire, M' Porter spoke to the
Governor and told him it related to his Defence, but the Grovernour threw
it into the fire, this Deponent was very near the Governour, so as he

COLONIAL RECORDS. 506

very well observed the Paper was not put of the Governour's hands when
M' Porter s]X)ke to him

E. MOSELEY.
Jurat ooram me septimo
die Aprilis 1733.

Nath: Rice Sec'^

North Carolina — ss.

Pursuant to an onler of the right Hon"* the Lords Commissioners for
Trade and Plantations dated August the 16*** 1732 John Montgomery
Esq" being summoned to appear before me Nath. Rice Esq. his Majesties
secretary of the said Province to give his Testimony touching several
Matters complained of by the Grovemour against Edmund Porter Esq"
and by the said Porter against his Excellency thereujxjn appeared and
being sworn on the Holy Evangelists deposeth and sayeth that he was
present some time in January 1731, when the Grovernour and Council
were hearing several articles of complaint exhibited against the said Por-
ter by William Little Esq" on behalf of himself and others for several
injurys alledged to be done by him in the Execution of his Office of
Judge Admiral and during the time of the said hearing this Deponent
saw M' Porter deliver to the Governour a Paper which he declared he
had directed should be delivered to him in case he the said Porter had
been absent or not able to attend the Councill at that time or words to
that purpose which Paper the Governour taking in his hand, moved his
hand seeming to design to throw the same into the fire and declared he
would receive not papers or letters from him and would serve them all in
that manner or words (to the best of this Dep** remembrance) to that pur-
pose. The said Deponent says that on the same day a Majority of the
Councill having voted that M' Porter ought to be suspended from the exe-
cution of the Office of Judge Admiral, the Governour immediately there-
upon demanded the Opinion of the Councill whether M' Porter should be
suspended from his place in Councill in regard he w&s so bad a man and
not fitt to sitt therefor to that effect) whereupon this deponent to the best of
his remembrance, heard some of the Councill declare it was their opinion,
that he ought to be suspended but it being objected to by some Member
of Councill that it was irregular to suspend him from Council before a
charge was exhibited against him for misbehaviour in that Office, his
Excellency delayed the said suspension, and as this Deponent heard ex-
64 .

506

COLONIAL RECORDS.

hibited a charge against him next morning upon which charge he has
heard and believes M' Porter was on the same day the said charge was
exhibited suspended as a member of Councill.

JOHN MONTGOMERY.

Jurat coram me septimo

die Aprilis 1733.

Nath: Rice See.

North Carolina — ss.

Pursuant to the directions of the Right Hon*'** the Lords Commission-
ers for Trade and Plantations in their Letter dated August 16. 1732. I
Nathaniel Rice Esq' Secretary of North Carolina Do hereby certify that
at the Instance of Edmond Porter Esq' I summoned John Baptista
Ashe Gentleman to appear and give Testimony touching matters in some
Complaints made by his Excellency Governour Burrington and the said
Edmond Porter against each other, thereupon the said John Baptista
Ashe appeared and on his Oath on the Holy Evangelists saith That at
Edenton in the Council Chamber on or about the 20 day of January
173^ His Excellency Governour Burrington and the Council proceeding
to the Tryal of Edmond Porter Esq" then Judge of the Vice Admiralty
of this Province on a charge or complaints of Sundry persons exhibited
against him by M' William Little for wrongs done or said to be done by
him in the Execution of his said office, both parties being called M'
Porter came in and addressing himself to His Excellency told him that
on a voyage he had made to the Southern parts of the Province he had
been frozen up a long time in his vessel so that he could not possibly
reach home Sooner being as he said but a little before that arrived, that
he was unprovided with an answer to his charge wherefore he prayed a
little time to prepare one. The Governour answered he would allow him
no more time, there passed several words between them, M' Porter
urging and repeating his request, the Governour his refusal or denyal
Upon which M' Porter went out of the Council Chamber and in a very
small time came in again with a paper which seemed to be a letter that
had been folded up and opened again and offering it to the Governour
laid it before him on the table, telling him it was what he had left to be
delivered to his Excellency in case by any accident he should have been
prevented being at Council (or words as near as may be to that effect)
The Governour replyed he would receive no letters from him and taking
the letter or paper into his hand, he lifted his hand being about to toss it

COLONIAL RECORDS. 507

behind him into the fire, whereupon M' Porter said Sir it relates to my
defence (or words to that efiTect) the Governour said he would serve them
so or burn them if there was a bushel of them or words as near as mav
be to that effect to the best of the Deponents remembrance. The Gov-
ernour then onlered the Articles to be read : M' Porter tarried in the
Chainlxjr some time, then withdrew, afterwards came in again and made
some objei^tions to the proceedings (which what they were in particular
the Deponent has forgot) And after this he went out of the Council
Chamber and came not again (as the Deponent saw or heard of) during
the Tryal : After M' Porter was gone and the first Article had l)een

•

read and Evidences heard, the vote being put to the Council, wJiether
the facts in that Article were fully proved or not The Deponent refused
to give his Vote for that as M' Porter had withdrawn and would not
appear to answer the charge, his opinion was the Council (X)uld not pro-
c^eed to examine the Evidence because it would be ex parte (as it were)
but ought rather if he were guilty of a Contempt or had made default
to take the facts pr(XH>nfesso and this the Deponent gave as his reason,
why he would not proceed to give his opinion to the question on each
article as it was put viz*: Whether the facts were fully proved or not.
After sitting some time (the Council going on in the manner aforesaid)
the Deponent went out, while he was out the Governour ordered his
peremptory refusal to vote (without reasons given) to l>e entered in the
Council Journal of which the Deponent having notice by a friend he
returned and complaining of the injustice of such an act prayed that his
foregoing reasons for refusal might be entered, which was allowed of
(and since by whose artifice the Deponent shall not say) the words he
finds have been purposely as he believes so perverted and enteretl in the
Council Journal as to be rendere<l lui intelligible and made nonsence.
Afl«r the Governour and Council had gone through with most of the
Articles of the charge (as the Deponent was informed giving their opin-
ions or votes to the question put as afoi'esaid) M' Porter was suspended.
The next day M' Porter appeared before the Governor and Council to
answer a complaint of the Governours against him as a member of Coun-
cil. The Governour shewed during the Tryal much heat and passion
argueing with great eagerness and warmth against M' Porter and after
the Majority of the Council viz* M' Jenoure M' Halton M' Lovick and
M' Gale had voted for his suspension (M' Ashe, M' Rowan and M' Har-
net dissenting) the Governour told M' Porter he doubted not but he
should have him sending some very humble messages quickly. M' Por-
ter answered he would be cut to pieces first to which the Grovernour

508 CXDLONIAL RECORDS.

replyed he might not perhaps come at first himself but he would be send-
ing his wife.

This Deponent further Sayeth, that he has been well acquainted with
M' Porter these seven or eight years that he knows but few persons in
the Government whose Estates are greater than M' Porters. That after
M' Porters arrival in this Province in being in the latter end of Gov-
ernour Burrington's administration under the Proprietors he observed a
very great intimacy and familiarity between the Governour and M' Por-
ter, as also aft^r Sir Richard Everard wa«» Governour of this Province,
M' Burrington M' Porter and the Deponent being in the Lower house
of Assembly together and very conversant with each other. And upon
Proposals during that Assembly of sending home Agents for the Coun-
try, the Deponent remembers the said Gt)vernour Burrington his pro-
posing M' Porter and M' Goffe as two very proper persons for such
agency in his opinion, but seemed to dislike M' Dukinfield who had

been proposeil bv some others

JOHN BAPTISTA ASHE.
Jurat coram me Septimo

Die Aprilis 1733

Math: Rice Sec.

Narrative u^wn oath of Edmond Porter Esq" relating to his Complaints
against Captain Burrington Governour of North Carolina.

[Rec* with M' Porter's letter of 15 Aug. 1733.]

North Carolina — ss.

In pursuance of the Directions of the Right Hon*"** the Ix)rds Com-
missioners for Trade and Plantations in a Ijctter dated August the 16.
1732. dire(?ted to me Edmond Porter of the aforesaid Province and
Signed by Secretary Popple touching complaints and Representations of
Governour George Burrington against me and my Complaints and Rep-
resentations against him wherein their Ix)rdships are pleased to give me
leave or any other person concerned to make affidavits l)efore any Judge
or other Magistrate concerning the subject matter of the said complaints.
I have therefore examined Several papers and memorandums now by
me, and to the best of my knowledge beliefe and observations have here
under written given a True and genuine narrative respec^ting the said
complaints Vizt : The Governor in his charge against me on my susper-

CX)LONIAL RECX)RDS. 509

sion the 21** of January 1731. as member of Council intermixed matters
which relateil to my suspension as Judge of the Vice Admiralty the day
before moves me at this time to relate some few particular passages of
the Governor's conduct and usuage to me with relation with that office
since his arrival.

On or al)out the 24"* day of February 1731. M' Burrington (I was
told) cjiused his Commission as Governor of this Province to l)e pub-
lished at Edenton I was then gon a voyage after admindty j^erquisit^s
near two hundred miles by water, and wheu I returned home on the 7***
of MarcJi my wife shewe<l me a letter she had received from the Gov-
ernor dated the 26*^ of February for the lent of her chaise which She
t(Jd me She readily granteil, and a Servant with it, to fetch his big l)elled
wife (as he termed her) out of Virginia.

On the 8*** of March I waited on the Governor at Eilenton where aft«r
some previous discourse in the Council chamber that evening before
Chief Justify Smith relating to the affiiirs of the Admiralty, the Gov-
ernor told me the Court of Admiralty here was his Court I replyed that
I thought it was the Kings Court as all Courts were that was under his
Majesties Government no he said it was his Court or words of near
that puq)ort whereu|)on T dropt the discourse finding it did not please:
At this time and before there was a suit dejiending in the Court of Viw
Admiralty on a Libel and Complaint of Sir Richard Everard when Gov-
ernor against one Miles Gale and Chaml)erlaine for presuming to hoist
an Union Flag on four several dayes in Defiance (as it was given out) to
Sir Everard on the Court of Admiralty and when the Marshall of Ad-
miralty was going on board the sloo|)e two brothers to serve a citation
on Gale and Chamberlaine then^^upon presented a gun at his brest and
used other violence (as set forth to me by the said Marshal on oath)
which compelled him to retreat on shore and for this contempt he the
said Chamberlaine was cited to ap})ear at a Cort of Vice Admiralty.

On the 9*** of March aft«r my Ijeing Qualifyed a Member of Council
by his Majesties appointment) the Governor repeated his former dis-
course, that the Court of Admiralty here was his Court ading withall
that I must not hold Courts without his leave. I was surprized to hear
him talk afler that Manner l)e(»use my commission did impower me to
hold Courts &c: in any part of this Province, wherefore I was resolved
to do my Duty and ac(x>rding to the appointment I had made to hold a
('ourt and take cognizaiure of the Oftences committed by the said Gale
and ChamlxTlaine (which Court to the best of my memory was on the
10^ of March aforesaid) when the Court was ojKjned the Governor came

610 COLONIAL RECORDS.

iu placing himselfe at a considerable distance from the Bench and during
the proceedings with a displeased bow he told me I ought to give the
Defendants longer time whereupon the Court was adjourned till next
day : After I got out of Court the Governor followed me with a coun-
tenance full of wrath and coming up with me in a violent manner he
expressed Himselfe, vizt : G — ds bl — d Sir what do you mean ? you were
not to go on so, you are not to hold Courts without my leave &c : The
Chief Justice by this time came up with us and endeavoured to moiler-
ate matters, and afterwards declared to me that he was very sorry the
Governor should use me so and that the parties had applyed to him for
a prohibition which he tliought he could not grant in those cases, by
reason they seem to ai)pear pro})erly within the Jurisdiction of Admiralty
On the 11*** of the said month the Court met acconling to adjournment
and for further Deliberation (but more to prevent those extreams which
1 found was like to be the consequence if I proceeded to judgment on
the offenders) I ordered the Court to l>e adjourned to Friday following and
then I returned to mv Plantation. On the 14*** of said March M' Chief
Justice Smith and Coll : Jones made me a visit : Coll : Jones then deliv-
ered me a message, by order he said of the Governor, not to hold Courts
of Admiralty without his leave, and that the Governor said he doubted I
should be ruined for what I had don already he also told me he heard that
the Governor did intend at my next sitting if I offered to persist in that
affair to come into Court thrust me out of the seat and resume the seat
as Judge himselfe; and this account I had likewise from others which
gave me reason to beleive it was true, wherefore to prevent the mischiefs
that might attend such violence as well as a contempt of the Court of
Admiralty which I expected would aflerwards be made by the Populace
I forebore sitting in Judgment again on those offenders Gale and Cham-
berlaine, who as well as several other masters of vessels (I have been
told) the Governor gave leave that they might hoist a flag at mast head
when they pleased : and this indulgence I beleive is true and found my
beleife on the observations I made the first year of the Governors
arrival, when Flags at the mast heads of vessells seem to me to be more
commonly wore than any other colours, don oflen in the harbour of
Eklenton in sight of the Governor for several days together, especially by
Miles Gale who not only appeared as Admiral of the Sea but also a sort
of Lord paramount at land he being permitted to display a flagg on the
top of his house at many times and for days together in sight of the
Governor. This Illegal use of the flagg and other forbidden colours
hath given great offence and vexation to the Commander of his Majesties

f

COLONIAL RECORDS. 511

ships of war in Ameri('a wherefore and for other reasons I presume it is
forbidden by his Majesties 93 Instrucrtion tho to vessels coraraissioned
by the Governor of the Plantations, consequently those who have no
such commission are offendors in a large d^ree; how far the Governor
hath complyed with his Majesties 70*** or that 93"* Instruction or how
well I have deserved for endeavouring to prevent a breach thereof and
supporting the Jurisdiction of Admiralty here (as in the" case recited of
Gale and Chamberlaine) I shall humbly submit to your consideration of
my Lords Commissioners of Admiralty and to my Ijords for Trade and
Plantations.

By the Copy transmitted to me by from M' Secretary Popple of M'
Burrington's letter without date to the Board of Trade he hath thus
expressed a complaint "was made to me also by Edmond Porter Esq**
"Judge of the Admiralty against several jxjrsons for an intended Riot
"and Combination of a great number of persons intending to assassinate
"him or obstruct him in the execution of his office upon which I prom-
"ised him if he would draw up the Complaint in form that the persons
" might be served with Copies, I would appoint a day for hearing but
"the Judge having oflTered nothing further upon his Complaints, I con-
" elude he has dropt it, by what I can learn there was no Riot intended
" nor any design to hurt him."

What the Governor means by intended Riot I know not but I should
think when a great number of people (some of them privately armed)
mete on an unlawful! design and assemble themselves into the Court
House the very hour a Court of Admiralty was to sit and then and there,
revel, drink, sing and dance stamp shout and alternately set up in the
seat of Justice two mock Judges in dirission of the Admiralty and de-
clare they would continue them Judges; by which means and other
bloudy designs as was apprehended they gave a Rout to the Court of
Admiralty on the 7"" of January 1730 (that was in pursuit of Admiralty
perquisites belonging to the Crown) as appears by several original deposi-
tions now by me: whether those were riotous proceedings I leave to
others to judge — I did often complain to the Governor on his first coming
as well as afterwards, concerning that abuse, desiring it might be exam-
ined in Council, and he did as often make light of it, and advised me to
make matters up with those who I had so accused, he did also at his
first coming and several times afterwards offer his service to interpose in
my behalfe to prevent those suits which he sayd would otherwise be
brought against me for some former proceedings of mine as Judge of
Admiralty, I told him that I knew nothing that I had committed in

512 COIX)NIAL RECORDS.

that Shitioii but what I could answer l)efore impartial Judgt».s, whereupon
he replyed it is very well and vSeenied displeased which I then and do
yet apprehend proceeded from my not entirely tlirowing myselfe on him
for protection against the malice of those who did believe the Governor
at the same time was stirring up to bring such against me in order to
com|>el me to a resignation to his will and pleasure) the conse(|uence
whereof I dredod more than the misfortunes which might attend me if I
did not submit to his projK)sal, and for the two following reasons 1'*
because it would have fixed and imployed a guilt in me to desire his Excel-
lency to screen or protect me from Justice 2****^ I did expect during the
Governors Administration that I must be(H)me after thata mear pupleor a
tool to him both in and i)ut of Council Courts of Chancery and Admiralty
and |)erhaps be constrained to vote Judge and Act very often against the
light of my own conscience.

Aft4ir this Digression I must b^ leave to go back to the subject matter
of the aforesaid Riot and my application to the Governor as before
observed I found it was in vaine to say any more to him in private and
therefore I drew up a Memorial concerning that affair dated May the 7***
1731, and delivered it the same day at the Council Board praying that
proper Subpoenas might Ixx issued out for my Witness and a day assigned
me to maintain my charge; the Governor I remember took up the said
Memorial and peruised it afterwards in a slight manner, he told me I
must apply to the Chief Justice ; and this Memorial or petition was not
so much as read out by the Clark of the Council, whereupon I was
obliged to take it again without the least prospect of having a hearing in
Council before the Governor though he hath asserte<] to the Board of
Trade "that he offered me to ap}>oint a time for hearing"! The Gov-
ernors extra rodi nary behavor in that affair and his interfering with my
proceedings in the Admiralty Courts against Miles Gale and Chamber-
laine as before recited, is by M' Smith (I hear) complained of to his
Majestic, and is made two Articles of his charge against his Excellency,
therefore I shall at this time forbear inlarging as I could do in many
other perticulars of the Governors conduct since respecting that business —
M' Joseph Jenoure M' John Lovick and Edmund Gale being three of the
persons accused with the Riot aforesaid on the 7*** of January 1730 (as ap-
pears by several depositions now by me) and giving a Rout to the Court of
Admiralty here: and as I did apprehend M' Lovick and G«le not being
appointed members of Council agreable to the Kings 7*** & 9*** Royal In-
structions was therefore the foundation of my 2* and 3* Exceptions dated
the 19*** of Feb'^ 1731. Humbly offered to the consideration of my Ijords

COLONIAL RECX)RDS. 513

for Trade and Plantations. How regular it was in the Governor after my
suspension of Judge of the Vice Admiralty to commission M' Gale in
my stead who had been so judiciously accused by me and had lent a
hand to vote me from that office without obliging him to give me Secu-
rity as is directed by his Majesties 69. Instruction. I leave to my supe-
riours to Judge. It is very probable if M' Gale had no prejudice to me
at that time (as I am very well assured to the contrary) it was an induce-
ment to him to vote me out of an office, that himself might have a
promise of or did at least expect to enjoy : against this Choice of Edm*
Gale to be Judge of Admiralty I did hear that M' Ashe, M' Rowan and
M' Harnet did dissent, tho I doubt not but it is represented in the trans-
mitted Copies of the Council books to be the unanimous opinion and
choice of the Council.

The next thing I beg leave to observe upon is that part of the Gov-
ernor's Letter to the Board of Trade wherein he hath thus expressed
"Complaint was also made to me against the Judge of the Admiralty
"for many ill^al and arbitrary proceedings in that Court against all
"law and common right" I presume the complaint he means was that
which was introduced by the Council Board on or about the 10*** of May
1731. by M' William Little in behalfe of himselfe and others amongst
which Number of complainants (of whose names M' advocate Little
hath made Iwld to make use of) he mentions Robert Foster Esq" and
William Makey Esq** those Epithetts of Esq" I suppose Little thought
proper to bestow on the complainants that they might be thought by
their Representations to the Board of Admiralty as men of Rank and
Consequence though one of them Clerk of a precinct &c: and the other
a Tanner by Trade and Deputy Marshall under Halton In those com-
plaints Little has likewise appeared as well for the dead as the living
and accuses me in the 6 and 7 articles of his charge for proceedings in
the Admiralty at Port Beaufort (which were three several proceedings
against thee Sloops) and also one other proceeding at Bath Town against
one West, all which four proceetlings I do in the presence of God declare
(how right or wrong so ever they were transacted) they w^ere Courts of
Admirality held by my Deputy M' Patrick Maule in the County of
Bath, whilst I was in the County of Albemarle, above a hundred miles
distant from the three first Trials as near sixty miles from that of Wests
Tryal, whether such Jesuitical and false blending of things were not
calculated for an other Meridian and using me very ill. I refer to my
Lords of Admiralty to whom those complaints I hear have been trans-
mitted in order no doubt to prejudice my conduct, by inducing their
65

514 CX)LONIAL RECORDS.

Lordships to beleive that all the Courts mentioned by Little were Courts
held by me in person.

M' Maule my Deputy is a man of lerning and has a plentiful fortune,
if he hath don amiss, am I to answer for it) and ought not he to have
been called on to answer his own proceedings instead of me No, that
Method I suppose the Governor and Little thought would not be so
well it was best to sadle me not only with my own failings (as was pre-
tended by that of other men too— I must further observe that this long
complaint of M' Littles was brought into the Council Chamber, to the
best of my Memory in two or three days after I had prefered my Memo-
rial to the Grovernor on the 7*** of May as aforesaid, together with a List of
those accused with a Riot and design of murthering me the 7*** of Jan*^
1730. &c: by which black list it appeared that M' Little himself was the
second man accused ; but that my Memorial was rejected by the Governor
as before observed, and M' Littles complaint (though for matters of less
consequence) the Governor caused to be received or ordered it to be read
out by the Clerk, and I do believe it was afterwards by his order only
entered in the Council book as a matter of record against me, tho the
Majority of Council then present did argue that complaints against a
Judge of Admiralty lay more properly before his Excellency as Vice
Admiral or words to that purpose, and I presume that M' Little thought
so to because his complaint is directed to no other person than the Gov-
ernor: after all which to cause that complaint to be entered in the Council
Book as I hear it was, is in direct breach (as I conceive) to his Majesties
SO*** Instruction, who is graciously pleased to direct, that all orders made
in Council be first read and approved in Council, before they are entered
upon the Council book. I must beg leave also to observe that this com-
plaint of M' Littles which I Ixileive in the beginning was no otherwise
designed than as a scare-crow, the better to secure or at least to deter my
vote in Council when matters relating to the Kings lands and the vast
sums of money received by Little as purchase money for Lands &c: dur-
ing his being several years Receiver came to be inquired into) lay as it
were like a rod over me from Mav til the 4*** day of November follow-
ing, until after I had so repeatedly given such seeming offence in Coun-
cil to the Governor by giving an opinion squaring with my conscience
tho opposite oft«n to the Judgment of his Excellency as set forth in my
Memorial to the Lords Commissioners for Trade and Plantations dated
February 19*** 1731. I desire it may also in a most perticular manner
be Remembered that this Complaint which had laid dormant for near six
months, untill I had been at a very great Expence in going from place

COLONIAL RECORDS. 515

to place in my shallope not less than four hundred miles in pursuit of
the Kings naval stores, cast away in a ship called the Lovely Molly
Anne, and had bound over (the Governor's new favorite) Roger Kenyon
of Bath Town, to our General Court, for a Trial for the fellony in selling,
shiping off and otherwise embezelling the said Stores. I say let it be
Rememl)ered that it was after all this, and Kenyons peace offerings of a
charriot Ac: to M' Burrington, that that lurking false and artfull com-
plaint of Littles was a fresh roused up on the fourth day of November
1731. It was on that day also that the Governor layd the foundation
for my Suspention as Meml^er of Council, alledging as appears by the
Council book that I had asserted a falsehood in my pai>er called my dis-
sent against the choice of M' I^ovick and Gale to l)e Members of Coun-
cil : This single article of falsehood was all that his Excellency charged
me with on the 4*** of November between which time until the 20*** of
Jan'y the day of my Tryall and suspention as Judge of Admiralty,
I was gon to Core sound and Cape Fair and at no Council with
the Governor Consequently could give no offence in Council as set forth
in the Governor's 1** 2** and 3* charges yet I have afterwards experienced
that his Excellency was so fertile in his Invention or rather so full of
prejudice to me that he hath tacked to his first former charge, four other
charges.

The usuage which I received on the Tryal and suspension of me as
Judge of the Admiralty and Member of Council viz* the Governor's
refusing to grant me time that day to put in an answer to the complaint
of M' Littles as prayed for, his throwing a paper into the fire aft«r I told
him it relateil to my defence, saying he would serve a bushel of them in
the same manner, and the great passion and prejudice which he discovered
to me during those Tryals are truly and justly set forth in the deposition
of Coll : Moseley M' Ashe and M' Montgomery the Attorney Greneral to
which I refer. Only I Ix^ leave in support of my Exceptions against
the legjility of those M^ Burrington^s suspentions to make this further
observation, that by the attested copy of a paragraph from the Council
book, it appears on the 20*^ of Jan"^ viz* " His Excellency the Governor
"further asked the advice and opinion of the Council, whether so bad a
" man as M' Porter was proved to be should be t^ntiuued a member of
*K/Ouncil within this Province. Thereupon the Council (it says) were
unanimously of opinion that the said Eilmond Porter was not fit to sit at
this Board &c: Is not this a plain prejudging both in the Governor and
such of the Council who did so vote? And when they had so prejudged
me they brought on my Tryal the next day for a further judgment.

616 COLONIAL RECORDS.

Give nie leave also to obfjerve a little on the words before mentioned in
the Council lxK)k viz* "tliat they (the Council) were unanimously of opin-
" ion that the said E. Porter was not fit to sit at this Board " I believ^e
there is no man so hardened a Sinner as to say, that either M' Ashe, M'
Rowan or M' Harnet did vote for my suspention as Member of Council,
how comes it to pass than, that the reconls of that Tryal sets forth on the
20th of Jan'^^ "that the Council were unanimously of opinion that the
" said Edmond Porter was not fit to sit at this Board " And that after
such their unanimous opinion, that three of them the next day voted
afijainst my susjwntion as member of Council? When those absurdity s
come to fall under the consideration of my I^ords of Admiralty and the
Board of Trade, I hoixi their Ijonlships will see plainly what dependanco
they (»n have on the. Truth of those Copys transmitted them from the
Council book I can say much on this head; and where the sence of
things have bec»n basely perverted and made nonsenc* in the Council book
(as observed by M' Ashe's deposition a Member of his Majestys Council)
As also entrys in the CV)uncil book that had never l)een Transacted in
Council and other very substantial Matters intirely left out perticularly
what relate to the proccHMlings against Colonel Moseley Coll : Moore
and other persons in Council about lands in Jan"^ 1731, after Coll:
Moore had come near two hundred mile to answer the same which
copious answers of Coll : Moseley's and Coll : Moore I could not find
in the Council Book but left out as I so|>ose by reason it contained
matter about Land which related to the Governor himself. Indeed It
bears the name of the Council book and that is all but in my opin-
ion It may more properly Ik? mlled the Governors Political Diary —
I do further assert that I was present in March Greneral Court
1732, when the Governor came within the Bar of the Court about a
quarter of an hour before the Court was adjourned, and in great pas-
sion demanded the Deputy Marshal Makey to take hold of Coll : Mose-
ley and bring him out of the Court before him when M' Moseleys hand
was on the book going to take the oaths to his Majesty ; actM^rdingly the
said Marshall did take liim out of Court and afterwards carried him
prisoner to the Governor's house. I was also prescMit with Colonel
Moseley at July General Court following bi^fore the Coil house dorc
when M' Mackey cjune up to us and took M' Moseley prisoner a second
time (as he the Marshal siiyd by the Governor's order for s|)eaking in a
cause which was brouglit by the (lovernor against me) whereupon Col :
Moseley went into Court again and applyed himselfe to the Judges and
they declared they were not displeased with any thing he had said in that

CX)LONIAL RECORDS. 517

business or words to that EflFect. Notwithstanding all which the Deputy
Marshall by those Orders carried him away to the Common Goal and
M' Moseley was afterwards on a Habeas Corpus discharged from his
confinement. In October Court following M' Little superceed M' Pay-
lin as Chief Justice and all the Assistant Judges were removed and a
new set commissioned in their R<x)m ! And I heard that all this choping
and changing was don and consented too, by the Governor and Council of
three only present vizt I^ovick Gale and M' Phenny. How far such a con-
duct corres]K)nds with his Majesties 5*** and 44 Royal Instructions or the
safety and security of his poore subjects in this Province is most hum-
bly submitted. The Governor in his Ijctter to the Board of Trade date<l
Sep'*' 4th 1731^ represents me to their Lordshi{)s to be under many pros-
ecutions and actions in those perticulars and at that time he hath vouch-
safed to say right for all which prosecutions and Indictments I shall ever
have cause to remember Governor George Burrington and the Grand
Jury that found thase Indictments, many of the said Jurors having
l>een accused in the Plot of the 7*** of Jan*^ against my life and giving a
Rout to the Court of Admiralty and therefore it could not be supposed
that they would do otherwise; for those who would endeavour to take
away my life no doubt but would destroy my reputation or fortune,
neither were they a qualified Grand Jury aocowb'ng to the Laws of this
Province but on the contrary I am very well assured they were packt
for that Extra purpose. Also what the Governor hath related as to my
objections in writing (or rather my opinion as set forth in the preamble
of my assent) against the choice of M' Lovick and Gale is True, the
title of which said objections begin in these words "The opinion of
Edmond Porter in Humble manner to his Excellency" the sense of
which as but an opinion was a just and necessary application through-'
out the whole of those objections; wherefore then could I give
such offence to his Excellency or wherein was the unfare reasoning
or great falsity; the i)oint seems to be given up by the Governor
that there was six (qualified Meml)ers of Council at that time in the
Province vizt: Mess" Ric«, Jeuoure, Haltou, Ashe, Harnett and myself,
this if I understand numl^ers is six, wherefore then did his Excellency
ap}K)int M' I^ovick and Edmond Gale when he knew it exceeded the
number seven (so strictly limmitted by his Majesty's 7*^ and 9"* Instruc-
tions) If his Exc-ellency thinks he had a Power to ap])oint as many
members of Council as he pleased why did he put that previous question
to me the 27"* of July 1731. and afterwards make that opinion (which
perhaps he would have termed a contempt if I did not give) a charge

518 COLONIAL RECORDS.

against me for suspention ! As to the Truth of the several other parts
alledged in his Excellency's Letters to the Board of Trade I am a
Stranger too; and if I may speak with plainess neither do I believe any
|)art or paragraph of them to be true, vizt : where he insinuates or charges
some of the Members of Council with Foolery and villainy ! or that I
ever asked his Excellency to be a party in any unlawfull Quarrels of
mine or to screen me from any prosecutions! or that frequent Tumults
or Riots, or that any Tumult or Riot hath hapned since the arrival of
his Excellency headed by me or any other person or persons whatsoever
to my knowledge ! or that I had prevented thqi former Council, Greneral
Courts or Precinct Courts Sitting! or that I ever prevental any one
Meml)er of Council, by thought, word, or deed, from attending the Gov-
ernor, for the Nomination of a New Chief Justice as set forth by his
Excellency ! Or that I did ever know, or hear of any qualified Member
of Council that was dead at the time the Governor dated his letter to the
Board of Trade Neither did I ever hear of any number or part of a 1000
Indians of the five Northern Nations, or any other Nation of Indians
that was arrived in this Province mentioned in the said Letter! Or do I
think I merrit to l)e so continually called an Infamous or oontemptable
Fellow by the Governor. Or do I remember that I ever insisted or gave
an opinion (when the enquiry of Pattents for Lands granted by Sir
Richard Everard) that nothing more ought to be enquired into than the
words spoken by Sir Richard Everard against the King. For when things
that related to Lands was discoursecl of in Council the Governor seemed
to think I was to forward in those matters, for which I have l)een dis-
countananced by his Excellency both in and out of Council. I conclude
this long Narrative (which I could not well contract in less compas
and answer the perticulars of M' Burrington's several chaises and his
two Ijctters to my Lords) If his Excellency would exercise more moder-
ation and less sander and enquire narrowly into the Titles of the Stag-
park, How old feilds the Burger and other Lands and the many thou-
sand i>ounds purchas money for Lands receivetl by M' Little it might
prove of greater advantage to his Majesty's Revenue in this Province
than to pursue my ruin, or to reduce me to that great ^M^verty mentioned
in his Letter to mv Ijords Commissioners for Trade and Plantations;
and however contemptable his Excellency would represent my circum-
stance to be I should be loth to exchange interest with him in this Prov-
ince, (set aside about fifty or sixty thousand acres of land which he holds
at Cape Fair whereof not one acre in my opinion is l^lly a«|uired) and
notwithstanding M' Burrington hath treateil me in his representation as

COLONIAL RECORDS. 519

a mean and contemptable fellow, it may be remembered that on the first
day of this Instant May I was elected at Edentou a Member of Assem-
bly for the ancient precinct of Chowan in the County of Albemarle (in
which precinct the Governor and myself resides) against all the force and
power, he or his friends could make to the contrary ; Wherefore how far
the Governor's Enviduous Epithetts and character of me and others in
this Province, savours of malice and untruth, is most humbly submitted
to the Right Hon*'*** the Lords Commissioners for Trade and Plantations.

E. PORTER.

The forgoing Narrative of Edraond Porter Esq** he saith is founded
partly on his own knowledge and other parts on his beleife and observa-
tion as set forth in the preamble and contents of the said Narrative to
the Truth whereof the said Edmond Porter made Oath on the Holy
Evangelists the fifteenth day of May 1733. before me

JOHN MONTGOMERY

Attorney General.

Extract of the Council Journal of North Carolina relating to M' Por-
ter's not being fit to sit at that Board with M' Porter's observations
thereof.

North Carolina — ss.

Extract from the Council Journal 20 Jan*^ 173i

His Excellency the Governor further asked the Advice and Opinion
of the Council whether so bad a man as M' Porter was proved to be
should be continued a Member of Council within this Province.

Thereupon the Council were unanimously of Opinion that the said
Edmond Porter was not fit to sit at this Board

(Vera Copia) N ATH : RICE. Secretary.

The above Copy will discover the previous question put by the Gov-
ernor on the 20 of Jan*^ 173^ which led some of the Council vizt: M'
Jenoure, M' Halton Lovick and Edmond Gale to prejudge me, and
altho it Says it was the unanimous Opinion that I was not fit to sit at
the Council Board ; M' Ashe M' Harnett and M' Rowan (of his Majes-
ties appointment) did vote against my suspention, as appears by the

several Inclosed Depositions

Observations f E. PORTER.

520 COLONIAL RECORDS.

North Carolina — ss.

Extract from Governor Biirrington's chaise against Edmond Porter
Eaq" in the Council Journal 21. Jan'^ 173 J.

He hath behaved at the Council Board with so much Insolence to me
that the Council hath taken Notice of his rude Behaviour in these Min-
utes and have entered it as there Opinion that he is too bad a Man to sit
at the Council Board &c:

Copia Vera. NATH. RICE. Secretary.

This paper will confirm that prejudging which was made on me the
20 day of Jan'^ 173^ after which the next day the Grovernor and the
same four prejudging Councellors proceeded to a 8etx)nd Judgment and
then to suspention of me as Member of Council.

Observations f E. PORTER.

Extracts Relating to Cap: Burrington's Suspending M' Porter.

Afl«r the Governor on the 20^ of January had pronounced sentence
of of suspention on E. Porter as Judge of Admiralty the following En-
try was made in Council which by permission of the Clark I took from
the rough after his Excellency had left departed the room.

Vizt : His Excellency the Governor further asked the advice and opin-
ion whether so bad a man as M' Porter should continue to sit as a mem-
ber of Council within this Province, thereupon the Council are of opin-
ion that the said Edward Porter was not fit to sit at this Board ; the
Governor thereon gave M' Porter time to the last Tuestlay in March
next, but at the Instance of M' Porter the same is to be heard to-morrow
four of the Clock in the afternoon.

A True Copy Tes* E. PORTER.

To the above entry and opinion, assented viz* Joseph Jenoure, Robert
Halton, John I^ovick and Edmund Gale: the other members d&ssenting
viz* M' Ashe, M' Rowan & Cornelius Harnet.

After the aforesaid Prejudging me, the Governor the next day brought
on my Trial for a further Judgment as will appear by the following Pro-
ceedings

E. PORTER.

CX)LONIAL RECORDS. 521

Thursday Eleven a clock att night

I corpplain against M' Porter as a Member, of Council.

1"* Because he has made it his whole Endeavour ever since my arrival
to perplex and obstruct all proceedings in Council by raysing unneces-
sary disputes and cavils.

2^^ That when his opinion has been asked upon aifairs of the great-
est consequence wherein the Peace and ([uiet of the Province has depended
he hath asserted direct falshoods with an Intention to embarras and per-
plex the administration.

3*^ He hath behaved at the Council Board with so much insolence to
me that the Council have taken notice of his rude l)ehaviour in their
Minutes and have entered it as their opinion that he is too bad a man to
sit at the Council Board.

4*^ That the Council having upon a very full examination of the vile
behaviour as Judge of the Court of Admiralty given their opinion that
he deserves a suspention from that office and he being suspended accord-
ingly I think it cannot be proper to continue him a member of Council
when as such he must sit as a Judge in the Court of Chancery for this
Province.

5^^ That he being a person of very ill fame and character and now
under many prosecutions and indictments not only for his barbarous
proceedings as a Judge but for Tumults, Riots and other disorders I
think it would be a reflection on his Majestie's Council here to have such
a proffligate person sit with them, and therefore ask the opinion and ad-
yioe of this Board whether the said Exlmund Porter ought not to be sus-
pended from being a member of his Maje8tie\s Council for North Carolina.

According to my promise I now send you a charge & design to give

in & lay before the Council to morrow every man present att the Council

day knows how long I satt here (viz) from morning to nine att

night. I am Sir

Your humble servant

^. ^ o ^ 17 r GEO: BURRINGTON.

Edmund Porter Esq'

N** Carolina.

Friday following Thursday 11 'oth clock at night.

The Answer of Edmund Porter to the Complaint of His Excellency
Geo : Burrington Esq' Governor &c :

His Excellency exhibiting a charge against me setting me forth as a
very heinous person, and yet alledging no particular facts, urged me
66

522 COLONIAL RECORDS.

(that I might acquit myself and convince the world that I merited not
such Titles as in the charge are given me) to an immediate answer, which
I shall make in as few words as I can, hoping no advantage may be
taken of any slip which may happen in a thing so hastily conceived and
delivered.

1. As to the first charge, I observe it is so general (no particular fact
being alledged against me) that I know not how to answer to it otherwise,
than that it will serve to be applyed to any of the Council who differing
from the Governor in opinion shall raise disputes thereon

2. As to the 2"*^ I also observe that the generality of the charge admits
no charge.

3. As to the 3 charge I observe that it is also very general saving as
to the notice the Council have taken of my Behaviour and the opinion
they have already before any charge exhibited against me, delivered
thereon and entered in Council which plainly shews that they viz* Such
of the Council as have so done have prejudged me. How far this con-
duces to their Qualifications of being my Judges in the present case I
shall leave to others to Judge.

4. I must patiently bear the harsh terms the Grovernor is pleased to
bestow on me in this Article and as to the proceeding of the Governor
in my case as Judge of the Admiralty and the opinion of the Council as
to my meriting a sas[)ention from that office I shall only say that I
thought it hard considering how unavoidably I was detained from
appearing sooner (being frozen up with my vessel far from Edenton and
not possible to come to it any otherwise than by water which detained
me till Wednesday last in the afternoon from my Plantation) that I
should so immediately on my very first appearance be pressed to a hear-
ing and that after examination of the Evidence of the Complaints against
me I was not allowed time to produce those in Defence, this I expected
because (as I moved last night) I remember well it was the method
observed in the complaint between Sir R. Everard and M' Lovick against
each other. But of this I shall take more particular notice at another
place. As to the reason given by his Excellency that because I am sus-
pended as a Judge of the Admiralty it is not therefore proper I should
be continued a member of Council, I b^ leave to observe that supposing
I were fully convicted of the Charges against me as Judge of the Ad-
miralty, yet those facts were all done before my being in the Council I
would therefore b^ leave to make this Query Whether after I am nom-
inated by his Majesty of his Council in this Province and qualified
according to law. Facts done before, nowaies respecting that office may

COLONIAL RECORDS. 523

be exhibited against me and allowed as sufficient reasons for turning or
throwing me out of Council. And if the Governor and Council shall be
of that opinion I hope it may be a standing rule and that others may be
also examined as to past actions of their life before their being in Coun-
cil as well as me

5. As to the fifth Article I must obj^prve as before the generality of the
charge and the language l)estowed on me (as yet I hope one of his
Majesty's Councril) by his Excellency, in the present case my Judge, at
least one of my Judges, As to the Prosecutions, Indictments &c : against
me, I beg leave to say that others have been indicted before me, and that
every one accused is not to be concluded guilty and therefore this is no
reason for suspention or for throwing on me such hard names, if it were
it would l)e an easy matter to make the most innocent person deserve it
and to have bestowed on him the titles of one of ill fame and character
and a proffligate person

To conclude as your Excellency hath been pleased to suspend me as
Judge of Vice Admiralty I think it a most insupportable grievance that
after I put in my first paper yesterday praying reasonable time to make
answer to the complaint of M' Little your Excellency not only overruled
the same But my second paper produced on the Board your Excellency
in grt^at heat threw into the fire tho I told you it related to my defence.

Delivered at the Council Board this 21** day of Januarv 1731 . Humbly
praying that this my answer be entered in the Council Book.

Signed E. PORTER.

Answer to Governor Burrington's charge.

M' ixlmund Porter praying us to commit to writing what he remem-
bci'Cil to have heard the Governor say after having suspended him from
being one of his Majesties Council in North Carolina. We do declare
and give under our hands that on January the 21"* 173J at Edenton in
the Council Chamber, after His Exc^ellency George Burrington fisq"
Governor had put the Vote to the Council then sitting whether they con-
sented to the suspension of Edmund Porter Esq' and the Majority of the
Council viz* Joseph Jenoure Robert Hal ton, John Lovick and E. Gale
Esq" consenting to his suspension (those who dessented being John
Baptista Ashe, Mathew Rowan & Cornelius Harnet Esq") immediately
thereon we heard the Governor sav he doubted not but he should have
him sending some very humble messages quickly, the other viz* M'
Porter answered, he would be cut to pieces for it, the Governor replyed.

524 (X)LONIAL RECORDS.

he might not perhaps conic at first himself, but he would be sending his

wife.

BAP* ASHE

CORN- HARNET

The above is the hand writing of M' Gale a Member of the Council
appointed by His Majesty. *

We the Siil)8eribers do hereby testify and declare that we were present

in Council on or about the 30 of March 1733 when M' Edmund Porter

delivered to his Excellency a Paper of which the within is a true Copy,

he having given us the same to he read before he put it in, desiring our

Notice that if there should be occasion, he might have our Testimony

thereon

NATH RICE.

IS"* July. 1733 BAP*» ASHE.

M' Porter's Letter to Governor Burrington acquainting him he has
received a packet from the Secretary of the Board of Trade contain-
ing accusations against him.

To His Excellency George Burrington Esq" Governor Captain
General &c:

Sir, *^

I think myself obliged to inform your Excellency that I have received
a packet from the Secretary of* the Board of Trade, containing charges
or accusations against me extracted from letters of your Excellency's
together with a letter from M' Secretary Popple, by order of the Lonls
Commissioners of Trade and Plantation wherein he acquaints me he is
directed to transmit to your Excellency likewise Copies of a Represen-
tation and other papers containing complaints which I have made against
your Excellency and that their Ivordships may be enabled to make a
judgment of the true state of the affair, he has by their commands ac-
quainted your Excellency that their Lordships expect you should return
to them such depositions and proofs in your own l)ehalfe, as you should
think convenient, giving me at the same time full liberty or any other
person concerned to make affidavits before any Judge or other Magis-
trate of what they know concerning the subject matter of the said com-
plaints, and that such Judge or Magistrate be likewise injoined to sum-
mon such persons as the complainants respectively shall name, in order

COLONIAL RECORDS. 525

to give their Testimony in this affair, and your Excellency he informs
me, is further directed to interchainge with me true copies of the proofs
and affidavits, so soon as they shall be made, directing me to observe the
like on my part; Twenty days being allowed us to make our replys
respectively, by affidavits or otherwise to be in like manner interchange-
ably communicated to each other and afterwards transmitted to their
Jjordships without loss of time ; pursuant to the aforesaid directions of
their I^)rdships, I presume to ac([uaint your Excellency thereof, and that
I am ready and intend immediately to proceed in the affair.

I am vour Excellency most ol)edient servant

E. PORTER.

Edenton March 30"" 1732.
delivered at the Council Board

}

M' Edmund Porter maketli Oath on the Holy Evangelists that the
foregoing paper is a true Copy of what he delivered when the Governor
was present at the Council Board on the day of the date thereof since
which time the Deponent Sayeth he has had no answer thereto from the
Governor as he did expect : and doth beleive that his Excellency hath
no design or desire to proceed in the form and manner prescribed by the
'Lortls Commissioners for Trade and Plantations ; Wherefore he is con-
strained to transmit to the Board of Trade the Several Deponents Depo-
sitions and Papers relating to his complaints against Governor Bur-

rington.

E. PORTER.
Jurat coram me

19^ Die Julii 1733. Nath: Rice.

I hereby certify that in Obedience to an Order from the Ivords Com-
missioners for Trade and Plantations touching Gt>vernor Burrington
and Etlmund Porter Esq*" their complaints against each other, at the
Instance of the said Edmund Porter I summoned M' John Conner At-
torney at Law to give his Testimony in relation to the said complaints;
who accordingly appeared before me, but refused to answer to any Inter-
rogatories, saying he would neither swear for nor against the Governor.

NATH : RICE Sec.
7"» April. 1733.

e/

526 CX)LONIAL RECORDS.

Four Letters from Gov. Burrington to M' Porter with M' Porter's
Remarks— Rec* with M' Porter's Letter of 15 Aug. 1733

Letters from Governor Burrington to M' Porter.

May 3^^ 1725.
Dear Sir

I have talked with the old M' Crisp who will not part with his hors
under a price of eight each nothing lx»sides will fetch them the price of
whip law is £1 10* in bills and Grindstone 2:5 In the same I design
to begin my journey through Bertie next Wednesday I reconmiend dili-
gence to you dureing my absence att my return will not fail to see
whither you have industrious (or no) In mean time

I am

Your mast humble servant

GEO: BURRINGTON.

Sunday Noon.
Dear Sir

I have thought much concerning the discourse we have had together
about the Levy am entirely of opinion it cannot lawfiilly be raised
without the Assembly, for then there would he no occasion for Assemblvs
(as Gale says there is none) therefore I have told all people I have
talked with, that no money can be lawfully demanded nor paid before
so ordained by the Assembly every body is of the same opinion here I
design for Bertie tomorrow where I shall preach the same Doctrine as I
hope you will in your Neighbourhood att my return to this place shall
acquaint you with the success of my journey, my humble respects* to
Madam Porter

I am Sir, your humble servant

The young Knight is clapt. G : B.

August the 17**^ 1725.
Dear Sir,

I take the oportunity of M" Loyds visit to let you know that I set
out this morning for my journey into the Lower precincts, I doubt not
but the Gentry will be in motion if they have any meetings with the
voters of Chowan your Prensence will quash and defeat their ill designes,
the Knight and his honest company seem much disquieted and low in
spirit they talk (especially Gale) that there is no occasion for an Assem-
bly they will have none &c : but this I take for a fetch to make us

«-»

(X)LONIAL RECORDS. 527

slakeu our diligence in promoting the choice of good men to serve their
Country in the Ensueing Assembly which must be chosen and meet
acvonling to the Fundamental Constitutions of Carolina as you well
know, I am sure nothing shall be wanting on my part to rescue the ad-
ministration out of the hands of these rogues therefore beleive my jour-
ney will take me up a fortnight att my return you shall be sure to hear
if there is anything worth notice the way I go. If you have any leisure
in the mean while I hope will employ some of it in drawing up an
address for the Proprietors for the Assembly men to sign. It is abso-
lutely necessary to have it ready by the time if you think it necessary to

send one

I am Sir

Your most obedient friend

and humble servant

GEO: BURRINGTON

Note. — M' Burrington under his own handwriting on the other side
says vizt: "I am sure nothing shall be wanting on my jiart to resque
" the administration out of the hands of these rogues " It is to be observed
this letter was wrote the first year of Sir Richard Everards Government
when M' John Lovick was his principle and only adviser and at that
time the Secretary and one of the Council under the late Lord Proprie-
tors therefore must be comprehended by M' Burrington's letter to l>e one
of the Rogues therein mentioned tho he has now thought fit to appoint

him a Member of the King's Council for this Province.

E. P.

Remarks vizt:

The 4. inclosed Letters are of Governor Burriugton's hand writing
wrote al)out 7. years past tho he pretended to the Board of Trade that
he knew little of me before his last coming over! this is so far from
Truth, that it will appear by one of these Letters dated May 3"* 1725 he
was so very obliging (at my first comeing with my family to settle here)
that he was cheapning and buying hors, whip saws and grindstones for
my n^roes to work with, at a time when he was actually Governor
under the Lords Proprietors and therefore would have been rude in me
to have put his Excellency on so mean an Office. It is a Maxim in I^aw
that where the credibility of an Evidence or Accuser is disproved in one
point, the Testimony is usually invalid in the whole. If their Lord-
ships are pleased to judge of things by the same rule I am sure of being
safe against all the Machinations, Calumny and Detraction of his Excel-
lency.

528 (COLONIAL RECORDS.

Coll : Moseley's. after dinner
Dear Sir

I am sorry you could not favour us with your good Company today,

Shall not be able to wait on you till after the Court is broke up, we

are now drinking your health all happiness attend you

I am sincerely

yours

GEO: BURRINGTON

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 43.]

LETTER FROM CAPTAIN BURRINGTON TO LORDS OF

TRADE. OCTOBER 5"» 1733.

My Lords,

I have the honour to send your L**^ the Journal of the late Assembly,
the reason they were not dispatched sooner was that I could not obtain
the short Journal of the Upixjr House from the Secretary's Deputy
before the fifth day of this month.

There was a fair prospect that business would be done by the late
Assembly, before M' Smith returned in last June; but this man by the
Advices he brought from England, or invented himself; so much con-
fused the Lower House that Moseley and his faction confounded the
other Members, and nothing could be done, they carrial their impudence
so far, I thought myself obliged to dissolve them. The Report of their
Committee I did not see till some weeks after the Dissolution ; it was
wrote by Moseley the speaker, the original is in my Custody, I purpose
to have it examined into when the Council meets, and shall be able (I
think) to expose the Paper & its Author.

Smith's Letter to the Assembly, is a sequel of his Articles of Com-
plaints against me, and shews the inconsiderate villany of a man that
will put his name to anything a sett of subtle Rogues write for him.

M' Rice his paper in the Journal will be answered the next Council,
and his folly and falsehood made apparent.

COLONIAL RECORDvS. 529

It has been thought by many {leople in this Province a way to Pre-
ferment by opi>08ing me and obstructing the Administration ; the behav-
iour of some of His Majesty's Officers has been of singular use to Mose-
ley and his Gang, thereby he has not only hitherto prevented an exami-
nation and enquiry into his roguery and frauds when Surveyor General,
but has those officers entirely under his own direction.

The Province is in i)erfect Peace and Quietness, and this a year of the
greatest plenty ever known in Nortii Carolina; The Summer proved
sickly, but very few have dyed. There will be abundance of New Set-
tlers in the approaching winter come from the Northern Provinces, this
intelligence I have received from many already come in.

I am (with due Res|)ect)
Your Lordships
most humble

and most obedient servant
N. Carolina GEO. BURRINGTON.

the 5"» October 1733.

[From North Carolina Letter Book of S. P. G.]

MR. LA PIERRE TO THE BISHOP OF LONDON.

New Brunswick in Cape Fear alias

Cape Fear Oct' the 9"» 1733.
My Lord

As I had the honor to have been ordained by yonr Ivoniships prede-
cessor in the year 1707 who recommended me to the Governor of South
Carolina Sir Nath' Johnston, to entitle nic to a |)arish called St. Dennis
in a French Colony which I was to serve till the death of the old settlers
who did not understand the English tongue, so in the time of the new
generation who understood the s* tongue in which they were born. I
l)ecame an Assistant to the Rev"* M' Hazel in the Parish of St. Thomas
next to my parisli hoping of the two nations to make but one and the
same i)eople tho' they were a distinct parish they indifferently followed
the English Church and the French as well acquainted with both lan-
guages : And then seeing that my ministerial functions were not essen-
tially required from a French Minister and hearing besides that in a pro-
vince of North Carolina called Cape fear, alias New Hanover they wanted
a minister the Inhabitant's of that place sent for me and the Re\'* M'
67

530 COIX)NIAL RECORDS.

Garden your Tiordship's Commissary in cx)ucurrence with the rest of the
Clergy did actually consent that I should go and settle the divine service
where it had never been. I readily complied to go thither with the pro-
viso that they would infonn your I^ordship concerning my removal, but
things succeeded other\v'ise than I expected the first year, I was regarded
and respected of the Inhabitants as St. Paul was at the first by the Gala-
tians. every one readily subscribed towards my salary, & tho' it fell short
of near £100 Yet was I satisfied out of consideration to a new country
which owed its gixKl l)eginning less to the provision made by human I^aws
than to the good disc^retion of some conscientious inhabitants the 2**
year the Gent" of the Vestry thought fit to lay an assessment upon the
parish that private subsiTil)ers should not be overburthened but this
proved of none eifei^t upon a mistake bec»ause what was called a parish
was in reality no parish by law or act of public assembly therefore I was
entirely left to the good discrition of the several Inhabitants against whom
the vestr}' had no power of compulsion therefore I fell short of my salary
the second time the third year the Vestry I confess did me that justice
to engage that satisfaction to me that might be denied by the public
awordingly they promised me a certain sum to lessen my loss but this fell
a great deal short of my necessary living after the 3* year I served the
people of Cape fear six months longer but received nothing for it only
this answer Who put you to work ? then I thought it was time to ask for
my discharge which after 3 times asking they granteil me at last and took
in my stead one M' Rich'* Marsden now actually performing the divine
service among them, a man whose whole study always was to undermine
me, now my Lord I am left to my own shifting and I am forced to work
in the field for my living and for fear this people of my former charge
should in any wise endeavor to impose upon your Ix>ixlship's probity as I
hear they petition for a new minister so I think myself in conscience bound
to declare my mind that any Clergyman that has a mind to come thither
at their request will find a lawless place, a scattered people, no glebe, no
parsonage to receive him \\ithout which Gov' Burrington told them that
no minister should ever be sent to them from the Society nor from your
Lordship however my Lord there is a certain Colony in this province
that requires my help upon promise of subscribing towards my main-
tenance with whom I will with your Ijordship's good leave apply upon
any reasonable terms sooner than to see the country destitute of the light
of the Gospel the bearer my Lord can testify the tnith of what I do
here set forth before your Lordship whose most obd't servant and dutiful
son I ever profess to be in the G(wpel of Christ.

JOHN LAPIERRE

COLONIAL RECX)Rr>S. 531

[B. P. R. O. NoETH Carolina. B. T. Vol. 9. A. 44.]

CAPTAIN BURRINGTON TO LORDS OF TRADE

North Carolina the 12**^ of Nov' 1733.

My IjOrds of Trade,

With this your Ijordships will receive tlie Journal of the Lower House
of Assembly. There was but one Councillour attended, so that Assem-
bly fell for want of an Upper House. M' John Loviek a member of
Council deceased before the meeting of the Burgesses; several more of
of the Council I hear are very ill. In my next I am apprehensive I
shall inform you of more vacancys in His Majesty's Council here.

I am

My Lords

with due respect
Your Lordships
most humble

& most ol)edient servant

GEO. BURRINGTON

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 34.]

To the Right Honourable the Lords Commissioners of Trade and Plan-
tiitions

The Representation of Gabriel Johnston Esq' Governor of North
Carolina

Sheweth,

That William Smith Esq' Chief Justice of North Carolina presented
a memorial to your Lordships July 13. 1732. concrerning the validity of
the Laws of North Carolina, & praying that your Ijordships might
referr the said petition, to the Attorney and Solicitor General for their
opinion.

That the said petition has never yet been referred, nor nothing done
in consequence of it. That it is of great moment to the said M' John-
ston to be rightly advised about the contents of the said Chief Justice's
memorial.

He therefore hopes your Lordships will be pleased to referr it to the
Sollicitor General now, he being just ready to depart for his Government.

532 COLONIAL RECORDS.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 214.]

M' SECRETARY POPPLE TO ATT^ & SOL' GEN*

6 DEC. 1733.

To John Willes Esq" and Dudley Ryder Esq" His Maj. Attorney &
Solicitor General

Gentlemen,

M' Smith Chief Justice and Chief Baron of North Carolina having
presented a Representation to My Lords Comniiss" for Trade and Planta-
tions stating some difficulties he labours under with respect to the Laws
of that Province I am commanded to send you the inclosed copy of the
said Representation and to acquaint you with their Lordships desire of
your opinion thereupon as soon as may be

I am

Gentlemen

Your most hum"* Serv*
Whitehall ALURED POPPLE

December 6*»* 1733.

[B. P. R. O. North Carolina. B. T. Vol. 21. p. 215.]

M' SECRETARY POPPLE TO M' ATTORN^ GEN» WILLES

11 DEC. 1733.

M' Willes Attorney General
Sir,

Having laid your letter of yesterday's date before my Lords Com-
miss" for Trade and Plantations I am commanded to send you the char-
tcr granted by King Charles the 2** to the Proprietors of Carolina their
lionlships not knowing of any other authority vested in the said Propri-
etors to establish laws or constitutions than that contained in the said
charter.

I am likewise to aa^uaint you that there were originally eight Pro-
prietors of (.arolina seven of whom have surrendered their rights to the
Crown.

And in answer to your third Query " Where the power of making
laws for that Province is now vested" I am commanded to send you an
Extract of the Commission given to the Governor of North Carolina

COLONIAL RECORDS. 533

under the Great Seal of this Kingdom which is to the same eflfect as
those given to the Governors of all other Plantations under the immedi-
ate protection of the Crown.

I am
Sir

Your most hum"* Serv'
Whitehall ALURED POPPLE

Dec. 11^1733.

P. S. I am to desire you will please to return the inclased printed
chaiter when you transmit your Report

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 35.]

LiNCOLNS Inn Dec' 30*^ 1733.
Sir,

Before M' Sollicitor and I can give our opinions on the representation
of M' Smith which you was pleased to send us, we want to be more par-
ticularly informed of the authority by which the late Lords Proprietors
of North Carolina made the fundamental constitutions therein mentioned.
We should be glad likewise to be informed whether all or only some of
the said Lords Proprietors have surrendered up their rights to the Crown,
and in whom the power of making laws for that Province is now vested.
When we have received your answer, the lids Commissioners for Trade
and Plantations shall have our opinion as soon as may be I am

Sir

Your very humble servant

J. WILLES.

[B. P. R. O. B. T. Journals. Vol. 43. p. 6.]

BOARD OF TRADE JOURNAIJS.

Whitehall Tuesday Jan'y 16. 173§

Present
M' Bladen. Sir O. Bridgeman
M' Ashe. M' Brudenell.
A Memorial and Remonstrance of two gentlemen of the Council and
the Attorney General of North Carolina against Capt. Burrington Gov'

534 COLONIAL RECORDS.

of that Province was read And the Board agreed to consider further
thereof.

[Page 48.]

Whitehall Tuesday April 3. 1733.

Then were read four papers from M' Rice and M' Ashe containing
complaints against Capt. Burrington Gov' of North Carolina.

[Page m.]

Thursday April 5*^ 1733.

A letter from the Duke of Newcastle dated the 27'** of last month
signifying his Maj. appointment of Gabriel Johnstone Esq"* to be Gov'
of North Carolina was read And the Secretary laying before the Board
the Draught of a Commission accordingly a Representation thereupon
and a letter for inclosing the same to the Duke of Newcastle were sign'd.

[Page 71.]

Thursday May 24"» 1733.

M' Johnstone appointed Gov' of North Carolina attending the Board
desired he would let them have a state of the blank Warrants for Grants
of Land which had l)een granted by Sir Richard Everard the late Gov'
of that Province and he promised to perfect the said state as soon as pos-
sible.

[Page 85. J

Tuesday June 19**^ 1733.

The following copies of Orders in Council were laid before the Board
& read

4e 4e ^ :4c 4e :4c 4e

Order in Council of the lO*** May 1733 approving the Draught of a
Com miss" for Gabriel Johnstone Esq'* to l)e Gov' of North Carolina

[Page 86.J

Wednesday June 20"» 1733.

The Naval Officers Ijist of ships entered and cleared at Port Beaufort
in North Carolina from Christmas 1730 to Micihaelmas 1732 was read.

[Page 103.J

Tuesday July 17"» 1733.

M' Johnstone appointed Gov' of North Carolina attending his 01>-
servations upon the Draught of his Instructions were read and the
Draught of his general Instructions and of those which relate to the
Acts of Trade being agreed The Draught of a Representation thereupon
was onler^ to be prepared [page 105] which was agreed and signal as
also a letter for inclosing the same to the Duke of Newcastle on 18*** July

COLONIAL RECORDS. 535

iPag:el09.J

Wednesday July 25"» 1733.

A Representation from Capt. Burrington Gov. of North Carolina con-
taining the present state and condition of that Province was read and the
Papers referred to in tlie said Representation ihited the 1"* of Jan*^ 173|
was laid l)efore the Board

Minutes of Council from 28 March 1732 to the 8"* Nov' following

[Pag^e 146.]

Wednesday Nov' 28*^ 1733.

The Memorial of Gabriel Johnstone Esq" praying that the Repre-
sentation of M' Smith Chief Justice of North Carolina relating to the
validity of the laws in that Province may be referred to the Solicitor
General for his opinion thereon was read and directions were given for
sending a copy of the said Representation to M' Atf^ & M' Sol' Gen* for
their opinion thereuj>on in point of law.

[Page 156.J

Tuesday December 11^ 1733

The Secretary laying before the Board a letter he had received from
the Attorn^ Gen* stating some difficulties with regard to the Memorial of
M' Smith relating to the laws of North Carolina (read 12 July 1732)
and sent to M' Attorn^ Gen* the 28th of the last month the same was
read and Directions were given for making an Answer thereto.

LPage 165. J

Thursday Dec' 20*»» 1733.

Copy of an Order in Council of the 2^ Aug. 1733 approving the
draught of Instructions for Gabriel Johnstone Esq' Gov' of North Caro-
lina was read

536 COLONIAL RECORDS.

[From the MSS. Records of North Carolina Council Journals.]

COUNCIL JOURNALS.

N"* Carolina — ss.

At a Council held in the Council Chamber in Edenton the 29*** day of

March Anno Domini 1733

Present

His Excelly George Burrington Esq' Gov' &c

{Nath Rice Jno Bap** Ashe "j Esq" Members
Robt Halton Jno Lovick > of His
Edm* Gale j Majestys Council

His Excelly the Govern' laid before this Board some Praragraphs of

a Letter from M' Popple Sec^ to the R' Honoble the Lords of Trade

& Plantations (wrote by their Lordships command) in answer to several

matter laid before their Lordships by His Excelly, This Board thereon

prayed time till to morrow morning to Consider the s* Letter.

Fryday March 30**'

Present

His Excelly George Burrington Esq' Gov' &c

{Nath Rice , Jno Bap** Ashe ^ Eijq" Members
Robt Halton John Lovick > of His

Edm* Gale Will Owen j Majestys Council

This Board having Considered the Letter laid before them yesterday
by his Excelly the Gov' are Unanimously of Opinion that it is for His
Majesty's services and the Good of this Province that an Assembly be
called. Thereupon His Excelly the Governour by and with the advice
and Consent of His Majesty's Council doth order that writts Issue re-
turnable on the third of July next requiring the Freeholders of the sev-
eral precincts & Towns within this Province to meet at the usual Places
on the First Tuesday in May next to choose their Representatives to sit
in the next Greneral Assembly to be held at Edenton.

A Paper was read at this Board signed by M' Rice & M' Ashe which
is as follows Viz' N** 1

His Excelly the Govern' thereon gave in a paper in Answer thereto
which was also read & is as follows Viz* N^ 2.

Mr Rice & M' Ashe filed a Paper in the Council Office the 11*** of
Nov' last which was now read Viz* N° 3

His Excelly thereon caused His Answer thereto to be read which was
in these words Viz* N° 4

^ i3 '^-L r

'-» C

COLONIAL RECORDS. 537

Read the Petition of the InhabitantA of Edgecombe prec* which is in
these Words Vizt No 5

Read the Petition of the Inhabitants of Bertie prec* in these words
Vizt N° 6

N^ Carolina — ss.

At a Council held at the Council Chamber in Pilenton the 3* day of

April Anno Domini 1733

Present

His Excelly Greorge Burrington Esq' Gov' &c

{Nath* Rice John Lovick ) Esq*" Members

Robt Halton Edm* Gale V of His

Jno Bap** Ashe W" Owen j Majestys Council

Read the Petition of the Inhabitants of Craven precinct in these
words N^ 7

Ordered that a New Com" pass the Seal for a Court of Oyer and Ter-
miner to be held on the second Tuesday in June next directed to the
Chief Justice &c

Ordered that a New Com" of the Peace pass the seal constituting and
appointing M' Owen Esq' Robt Turner, Robt Peyton Benj* Peyton
Churcil Reading Sam* Sinclare Rich* W" Silvester Henry Crafton Roger
Kenyon W" Carruthers W"^ Willis Edw* Adley W"» Dunbar Fran" La
Mare Grent* Justices of the Peace for the Pret^*" of Beaufort and Hyde

Ordered That a Commission pass the Seal Constituting and appoint-
ing Thomas Ix)vick Esq' John Nelson Rich* Rustell Enock Ward Rich*
Whitehurst Joseph Boll Nath Taylor Arthur MaKson Ei)enezer Harker
Shaddock Charles Cogdale & Greorge Cogdale Gent Justices of the
Peace for the precinct of Curratuck

Ordered that a Commission of the Peace pass the Seal of the Colony
Constituting and appointing Daniel Shine Tho" Martin John Powell
Thomas Master Jacob Sheets Martin Franks Jno Fornville John Slo-
comb John Bryan Corn" Loftin Simon Bright and James Green Gent.
Justices of the Peace for the precunct of Craven

A Representation of Thomas Blount King or Chief man of the Tus-
karora Indians by M' Francis Pugh one of the Commissioners for Indian
affairs was read in these words Vizt No 8

This Board taking the same into Consideration are Willing that the
Supjwnees do liv^e with the Tuskarooroes in case both parties agree to

68

538 COIX)NIAL RECORDS.

the same, and that tlie Chowan Indian Indians have I.<eave t<> live with
the Tuskarooroes Indians provided King Blount Will Recievc them.

His Excelly the Governour acquainted John Montgomery Esq' Attor-
ney General that he was going to take some Depositions relating to him
and that he might be present at the Examination. M' Attorney thereon
prayed to be allowed Council to assist him w^hich was accordingly
Granted. \Vhereu{)on M' Attorney prayed M' Moseley might be allowed
to be Council for him whicJi was also Granted

North Carolina — ss.

At a Council held at the Council Cliaml>er in Rlenton the 3* day of

July 1733

Present

His Excelly George Burrington Esq' Gov' Ac.

TK TT n / ^ath Rice John Lovick 1 Ksq" Meml>ers of

ine nonooie j j^^^ jg^^^u ^she Edm* Gale / His Majestys Council

This Being the Day the General Aasembly was to have met at Eden-
ton and there being but four meml)ers of the Upper House present who
were unwilling to do business without a greater number the Council
thereon advise the Governour to prorogue the Assembly to the next day.
Whereupon His Excelly the Governour by and with the advice and
Consent of His Majestys Council doth Prorogue the General Assembly
of this Province till to morrow being the fourth instant and they are
hereby Pron)gued accordingly.

North Carolina — ss.

At a Council held at the Council (chamber in Edenton the 6**' dav of
August Anno Dom 1733

Present
His Excelly George Burrington Esq' Gov' &c

{Nath Rice John Ix>vick) Es<i" Members

John Bap*» Ashe Edm* Gale V of His
W" Owen j Majestys Council

His Excelly the Governour acxjuainting this Board that the General

Assembly had addressed him that Major Stephen Goold Rec' of the

Impost Duty on the Tonage of Vessells for Port Bath might be C(»m-

pelled to give Suif ' Se<Mirity for the monies he ha<l ivced for the Publick

COLONIAL RECORDS. 539

ill s* Office and His Excelly the Gov' also acquainted this Board that
the said Goolde was in Custody of the Marshall until he gave good
security for the same and desired the Opinion of the Council thereon
who were unanimously of Opinion that ye said Goolde remain in Cus-
tody untill he gave security in the Sum of £800 currt money of this
Province that he pay or cause to be paid the Powder money he hath
reced since his appointm* to the said Office when thereunto Lawfully
required.

Then the Council Adj* till to-morrow

Tuesday August 7***

Present

His Excelly George Burrington Esq' Gov' &c

{Nath* Rice John I^vick ^ Esq" Members

John Bap*» Ashe Edm* Gale V of His

W™ Owen j Majestys Council

Read the Petition of the Inhabitants of Beaufort precinct in these
words Vizt

Read a Petition of the Inhabitants of Carteret precinct in these words
Vizt N^ 2

Read a Petition from the Inhabitants of Onslow Precinct presented
by Mr Ford who made Oath that the same was a True Copy from the
Original Petition now in his Custody signed to by all the People whose
names were subscribed to the said paper or by their order to him which
is in these words Vizt N^ 3

Ordered that the several Rec" of the Powder money within this Prov-
ince do attend before this Board with their accounts on the first day of
next Biennial Assembly and that notice thereof be given to each of
them by sending a Copy of this Order.

Read the Petition Edward Mitchel Ordered that M' Kenyon have
Notice to attend at the Council in October next, N° 4

The Petition of the Chowan Indians setting forth &c N** o

Ordered that Aaron Blanchard attend this Board at their Sitting in
October next and that in the mean time the said Blanchard is herebv
Ordered to (^)inmitt no waste in y* said Indians I^nd

By order

R FORSTER C C

540 COLONIAL RECORDS.

[B. P. B. O. Am: A W. Ind: Vol. 22. p. 199.]

LEGISLATIVE JOURNALS.

North Carolina — ss.

At a Council held at the Council Chainl)er in Edenton the 3* day of

July 1733.

Present

His Exce"' George Burrington Esq" Governor &c.

rpi I bie / Nath. Rice John Lovick 1 Esq" Members of His

\ Jno. Bap** Ashe Edm* (xale j Majesty's Council.

This being the day the General Assembly was to have met at Edenton

and there being but four Members of the Upper House present who

were unwilling to do business without a greater Number, the Council

thereon advised the Governour to prorogue the Assembly to the next day

Whereupon his Exce"^ the Governor by and with the advice and consent

of His Majesty's Council doth prorogue the General Assembly of this

Province till to morrow being the fourth instant And they are hereby

prorogued accordingly.

At a General Assembly b^un and held for His Majesty's Province of
North Carolina at Edenton the 4"» day of July 1733.

Present
His Exce"' George Burrington Esq" Governor &c.

{Nath. Rice John Lovick) Esq" Members

Jn° Bap** Ashe Edra* Gale V of His

William Owen j Majesty's Council.

His Exeellencv the Governor commanded the attendance of the Lower

House, who came in a full Body and presented Col"* Rlward Moseley

their speaker, who his Excellency approved of and then delivered his

Sj)eech which is in these following words viz'

Gentlemen of Both Houses,

Upon my first arrival after I had taken the charge of this Govern-
ment for the King: I called an Assembly; and as directed by His Maj-
esty's Instructions I proposed to them several things to he enacted for
the regulation of the Province ; but was not so happy as to obtain their
Complyance with them ; which if then agreed to and settled ; I am sat-
isfied would have been much i)etter for the Country and might have been
a means of gaining His Majesty's further favour about the Rents, which
People are so desirous should be made easy to them.

COLONIAL RECORDS. 641

That Assembly proposed to pay the King's rates in Rice & Tobacco
at a rated price, in lieu of Proclamation money which His Maj'^ oflTered
to receive them at instead of sterling. As I did not think myself im-
powered to make any further concessions, without knowing His Majesty's
Pleasure, for that reason and some others thought it not necessary to call
another Assembly before I had made a report of the state of this Coun-
try to the Lords Comm" for Trade and Plantations, and was honoured
with an Answer from them. Which I very early did, with great care and
faith fullness, but their Answer came not to my hands till the 26*** day of
March last, when I issued writts for this Assembly.

I must now acquaint you, that by a fresh direction I am restrained
from passing an Act for the payment of Quit Rents in any other specie,
but in Proclamacon money ; and I am ordered to take care that the Offi-
cers Fees be paid in Proclamation Money also, how far the obedience
of this Assembly to the King's Instructions may induce His Majesty to
grant further Ease or Indulgence to the People in their rents, I leave
you to consider.

It is expected as may be seen in the 19*** Instruction (which I shall
cause to be layd before you) that there should an Act be passed to oblige
all possessors of Lands in this Govenmient to register the same in the
Auditor's Office, which is the more reasonable since His Majesty is not
only graciously pleased to permit me to pa.ss an Act for remitting all
arrears of rents due when the King compleated the purchase of Carolina,
but also to quiet People in the possession of their Ijands, a favour that
I hope this Assembly will endeavour to merit.

I am commanded by the 75**" and following Instruction to take especial
care that the Publick Service of the Church of England be duely main-
tained and that a competent Provision be made for the Ministry, Lands
assigned them for Glebes, and convenient houses built thereon ; The lit-
tle Provision hitherto made for supporting the publick worship seems to I
be a reproach to the County; and prevents many good People from
coming here to settle. It certainly l^ecomes you to provide some more
decent means to maintain the Clergy; and to appropriate money for the
Building a churt^h, or Chappel in every parish, which in most places are
now wanting,

I think it would prove for the ease and benefit of the People if the
Power of the Precinct Courtis was enlarged, and better provision made
for Jurys which one of my Instructions directs me to recommend.

I will not burthen you at this season with to many things for your
consideration but I cannot help recommending to you to do something

642 COLONIAL RECORDS.

for the eucreasing the Products of this Country which will gradually
beget more industry among the People and will best promote a British
Trade that is so much wanted here, and which we ought always to
encourage, and for this end I think it would be well to exempt all Ves-
sells that come from Great Britain from the payment of Powder money,
and that your own Commodities for that Trade were under better Inspec-
tion and Emulation.

Gentlemen

I conclude with heartily wishing there may be that harmony and good

agreement between you, that the Country at this time has occasion for,

I hope you meet together with such good dispositions, that no particular

interestHi and Views, no Heats, no Divisions may hinder your joyning

with me in promoting the Wellfare of this Country which I assure you

I have equally at heart with the best meu herein ; and sincerely promise

you my incurrence in everything that shall be for His Majesty's Service

& the good of this Province.

GEO. BURRINGTON.

The House adjourned till to morrow morning.

Thursday July 5"*

The House met again.

Present as before

Received the following Message from the Lower House viz*

To THE HONOBLE THE COUNCIL

Ordered That Capt. William Downing, M' Cullen Pollock, Col^ Henry

Bonner, M' Arthur Williams, Major Rob* Turner, and M' Thomas Smith

be a Committee to joyn such Meml)ers as shall l)e ap|K)inted by the Upper

House as a Committee of Claims.

AYLIFFE WILLIAMS Clk. Gen: Ass:
By M' Swann

& M' Burnham.

Resolved That John Bapt* Ashe, Edmond Gale, and William Owen

Esq" be and they are hereby appointed a Committee to joyn with su(*h

Members of the Lower House as are appoint^nl to make a Committee of

Claims.

By Order.

ROBERT FORSTER, f Clk Upper House
Adjourned till to morrow morning Ten of the Clock.

COLONIAL RECORDS. 543

Friday July 6*^

The House met again

Present as before

Adjourned till Monday morning Ten of the Clock.

Monday July 9***

The House met again.

Present

{Nath. Rice John Lovick ) Esq" Members

Jn^ Bapf Ashe Edm* Gale V of His

W"» Owen j Maj**«'- Council

Received the following Message from the General Assembly viz*

Read the Petition of Thomas Murphy setting forth that a Ferry by
order of Craven Court was established at or near the said Murphy's
which he has constantly kept and very lately the Precinct Court hath
appointed another Ferry above said Murphey much out of the way and
much to the said Murphey 's prejudice. And the subject matter of the
said Petition appearing to be true by the Testimony of some of the
Members of this House.

Ordered That the Ferry be & remain at said Murpheys,

Sent to the Governor and Council for concurrance.

By order.

A. WILLIAMS. Clk. Gen: Ass:
Bv M' Cha' Sawyer

& M' John Sawver,
This House thereon sent the following Answer thereto

M' Speaker & Gent: of the Generate Assembly

It is the opinion of this House that the subject matter of the said Peti-
tion (if not to be provided for by a spei^ial I^aw for that purpose) may
more properly lie recommended to the Precinct Court to be regulated as
the opinion of the Gen : Aasembly, with which this House is ready to

concurr.

By order.

ROB' FORSTER f Clk. of the Upper House.
Received the following Message from the General Assembly viz*

To His EXCELT/ THE GOVERNOR & COUNCIL

It being represented to this House by the Members from divers parts
of the Province that the Publick Roads and Bridges in general are mu(»h

544 COLONIAL RECORDS.

out of repair whereby the travelling to the General Court and Assembly
is rendered very difficult

This House humbly rec^uest His Excellency that he will be pleased to
direct the Magistrates in the several Precincts to take effectual care that
the Roads and Bridges be forthwith repaired and Ferry s duly kept and
that the same be constantly kept so that upon any failure of the Over-
seers or People who are to labour on the said Roads the Justices do see
that the Laws relating to Roads, Bridges and Ferrys be put in force and

all delinquents duly fined.

By order.

A. WILLIAMS Clk. Gen: Ass:
By M' Jn° Sawyer

& M' Cha' Sawyer.

Which being read the same was concurred with and sent down to the
Gtjneral Assembly.

Received the following Vote from the General Assembly viz*

To His Excell^ the Governor & Council

The Council House and the House the Assembly sits in wanting
repair.

Voted That Col : Edward Moseley, Col. Henry Bonner and M' Charles
Westbeere be Comni" to agree with workmen ft)r the repairing those
Buildings, and that when the same repairs are perfected the said Com-
missioners or any two of them have Power to draw on the Publick
Treasurer for payment of the W^orkmen.

Voted Tliat M' Christopher Becket have £12. Paper money as now
current *^ annum for his care in keeping the Doors & Windows of the
Council House and Assembly House when those Houses are not used.

Sent to His Excel I^ the Governor and Council for concurrence

By order.

' A. WILLIAMS Clk. Gen : Ass.

By M' Cha- Sawver

• •■

<fe M' Jn** Sawyer.
To which Vote this House made the following Endorsement thereon

M' Speaker & Gent: of the Gen: Assembly

This House are ready to concurr with the within Vote Provided a
certain sum be set or mentioned to limit the Commissioners in their
Draught and that they render Account to the Gen : Assembly of the
expences. This House likewise recommends to the consideraoon of the

COLONIAL RECORDS. 545

General Assembly that they would iDclude the Repair and care of the

Goal in the same Vot<?.

By order.

ROB* FORSTER ^ Clk Upi)er House.
Received the following Vote from the General Assembly viz'

To His Excelt/ the Goverxor & Cottnotl

Thursday July 5**»

Voted That the several Powder Reo" do lay their Account** before this

Assembly by Wednesday next.

A. WILLIAMS. Clk. Gen: Assembly.
Sent by M' Jn° Sawyer &

M' Cha' Sawyer.

Which being read the same was concurred with.

Received the following Message from the General Assembly viz*

To His Excell^ the Governor & Council

This House taking into consideration the Aflair of the New Precincts
hitelv erected. This House desires to have a Conference with His Excel-
Icney and the Council concerning the same.

By order
Sent by M' Winn & ^' WILLIAMS Clk. Gen : Assembly.

M' Kenchen

Which was read and concurred with, and agixxnl that a Conference Ixi
held thereon to morrow morning.

Resolved That His Excellency have notice of this Conference.
Received the following Vote from the General Assembly viz*

To His Excei.i/ the Governor & Council

The old Paper Money which was brought in and accounted for at the
Assembly held in April 1731. being carefully sealed up and lodged in
the hands of the Publick Treasurer.

Voted That the same be brought and layd before the Assembly to
morrow in order that the same may be destroyed.
Sent to the Governor & Council for Concurrence

By order
By M' Jn- Sawyer & ' ^' WILLIAMS. Clk. Gen : As :

M' Cha' Sawyer.

Whicli was read and Coneurr'd with.
69

546 COLONIAL RECORDS.

Read the following Message from the Greneral Assembly viz*

To His Excell^ the Gtovernor and Council.

Col. Thomas Swann Treasurer of Pasquotank and Col. Thomas Pol-
lock Treasurer of Bertie being dead this House recommends unto his
Excellency the Governour and Council M' James I»ckhart to be Trcas-
urer of Bertie and M' John Solly to be Treasurer of Pascjuotank.
Sent to His Exce"' the Gov : & Council for concurrence.

By order
AY. WILLIAMS. Clk. of y* General Assembly.
By M' John Sawyer &
M' Cha" Sawyer.

Which being read this House sent the following Answer tliereto viz'

M' Speaker & Gent : of the Gen : Assembly.

This House proposes M' John Paliu in the room of M' John Solley
named by your House, for Treasurer of Pasquotank which if agreed to
this House will concurr with the Vote.

By order.
ROB* FORSTER f Clk of y* Upper House

Adjourned till to morrow morning

Tuesday July 10"^

The House met again

Read a Bill for an Act entituled an Act to repeal the Act of Assembly
entituled an Act for raising a Publick Magazine of Ammunition upon
the Tonnage of all Vessells trading to this Government past at the Bien-
nial Assembly in the year 1715 the first time and past.

His Excellency the Governour returned an Endorsement on the Vote
of both Houses for destroying the old Paper money accounted for in the
Assembly held in April 1731. viz*

I concurr provided two (or more) Members of the Council be present
to take an account of Bills and see them destroyed

GEO. BURRINGTON.

Resolved That the same be sent down to the General Assembly And
that John Bapt* Ashe and John Lovick Esq" Members of this House be
present to see the said Bills destroyed.

His Excellency the Governour returned an Endorsement on the Mes-
sage of the Greneral Assembly relating to Murphey's Ferry viz'

COLONIAL RECORDS. 547

I am of opinion M' Murphey VFerry and Martin Frank his Ferry are
l)oth very nsefull and therefore neither ought to be suppress^.

GEO. BURRINGTON

Ordered that the same be sent down to the Gen : Assembly.

His Excellency the Govemour was pleased to send the following En-
dorsement on the Vote of the General Assembly for repairing the Coun-
cil House, Assembly House and Goal and was concurred with by this
House viz*

I consent to sign a Warrant for the sum mentioned to be layd out in
repairing the Council House, Court House and Goal, and if you think
proj>er to allow a salary for taking care of those Edifices, I concurr there-
with and will appoint a proper person for that Service,

Ordereil that the same be sent down to the Gen : Assemblv.

His Excellency the Govemour was pleased to send the following En-
dorsement on the Message from the General Assembly for appointing
Tivasurers in the room of Col. Swann and Col^ Pollock deceased, viz*

I am of opinion New Precinct Treasurers ought not to be ap|X)inted in

the place of those lately deceased before the King's pleasure is known in

res|)ect to the Bills issued in the year 1729.

GEO. BURRINGTON.

Onlcred that the same be sent down to the Gen : Assembly.
Adjourned till to morrow morning.

Wednesday July 11***

The House met again.

His Excellency the Govemour was pleased to send the following En-
dorsement on the Vote of the General Assembly for the Powder Receivers
to lay their Accounts before the Assembly viz*

The Council or General Assembly ought to address me to give Orders

to the several Receivers of the Powder Money (if they desire to inspect

their Accx)unts) to attend at the time appointed for that purpose & not to

vote it should be done.

GEO. BURRINGTON.

Ordei'cd That the same be sent down to the Greneral Assembly.

His Excellency the Governour was pleased to return the following
Endorsement on the Message of the General Assembly for a Coufeitince
on the affair of the New Precincts viz*

548 COLONIAL RECORDS.

The Members of His Majesty's Council I deem to be suflBcient to hold

the intended Conference concerning the New Precincts therefore have no

intention to be present.

GEO. BURRINGTON

Ordered that the same be sent down to the General Assembly.

Read a Bill for an Act Entituled an Act to repeal the Act of Assem-
bly Entituled an Act for raising a Piiblick Magazine of Amunition
upon the Tonnage of all Vessells trading to this Government past at the
Biennial Assembly in the year 1715. a second time & past without
amendments.

M' Speaker & the Grent: of the General Assembly waited on his Ex-
cellency the Governour in Council and returned an Answer to his Excel-
lency's Speech in the following words viz*

To His Excell' George Burrington Esq" His Maj : Cap: General &
Governor in Chief of North Carolina.

May it please your Excell^,

This House having taken your Excellency's Speech into our most seri-
ous oonsideration and having duly examined the conduct of the Assem-
bly in April 1731, We cannot but be of opinion that the Assembly
went as far as it was possible towards a complyance with the Royal
Instruction concerning the Quitt Rents and Fees in as much as the want
of Gold and Silver Currency is so well Known in this Province, and
now at this last Election, Our Principals throughout the Province hav-
ing recomended nothing more earnestly to us, than tliat we should not
consent to burthen them with such payments as it is impossible for tliem
to make.

We take notice that your Excellency is pleased to say that that Assem-
bly proposed to pay His Majesty's Rent in Rice and Tobacco at a rated
price in lieu of Proclamation money w** His Majesty oiFered to receive
instead of sterling; We find by a due inquiry into the matter that the
Assembly did endeavour to comply with the Royal Instruction as near
as possible and therefore as there seemed to be no probability of such
payments to be made in Gold and Silver they offered a just equivalent.
But that the rents are due in Sterling as your Excellency seems to inti-
mate or even in Proclamation money. We humbly b^ leave to difler in
Opinion and we hope to i)e able to support this our Opinion.

The Rents reserved in the Grants of Land are not said in the Grants
to be payable in sterling money or any other, and in all equitable con-
struction we think the money reserved must be understood the money of

COLONIAL RECORDS. 549

the Country and so the Law hath always been taken nor has Steriing
money or Proclamation money been ever recovered on any specialty but
where those have been specifically named & expressed.

But to shew that the Rents and Fees are payable (mly in the current
money of the Province we desire it may be remembered, That before any
Paper money was currant in this Province there was always acts of As-
sembly declaring the Prices of the products of the Country to pass as
money in all respects as well for Quitt rents as any other Payments and
when the paper money was established, it was provided that the same
should be currant in all payments, excepting for purchase of I^nds.
So tliat we think it is very plain that the rents are not payable either in
sterling or Proclamation Nor doth it seem to us by anything yet laid
before the House that His Majesty offered to receive Proclamation money
for rents in lieu of Sterling. It doth indeed appear that His Majesty
proposes that your I^xcellency should pass a Law to remit the Arrears
of Rents due from this Province to the time of perfecting His Purchase
(which he was given to understand was very large) in case the Assembly
would by the same Law provide that all Possessors of Land should ro-
ister their Grants in the Auditor's Office, that the Quitt rents payable
for the future should be in Proclamation money, and the Fees of the
Officers should be settled in Proclamation money ; We give His Majesty
our hearty thanks for such a mark of his paternal Care shewn to us in
the Offer of remitting so large an Arrear as was thought to be due from
the Province but at the same time we humbly l)eg leave to represent that
by a diligent inquiry of the Members of this House who came from the
several parts of the Province we cant learn that the Arrears (if any due)
are worth collecting because we all very well rememl)er that the Collec-
tions have been very constantly made and some have even now produced
to the House receipts for the year 1730 Since His Majesty purchased the
Province, Indee<l we think His Majesty's offer to the Province of S*
Carolina in the like case was very wisely accepted as we are told it has
been in regard they owed 15. or 16. years Arrears for altho' Gold and
Silver might be something scarce there yet by their large and extensive
Trade they might be able to procure it tho' at some difficulty when they
had so great an indulgen(« as the remittance of 15. or 16. years. But
in this Province we have no prospect of gaining Silver or Gold sufficient
for such purposes Our Trade very much cramped by the bad Navigation
and the excessive Fees taken by Naval Officers and Collectors the like
not heard of in any of the British Dominions as far as we can learn.
And at the same time such Fees talcen without any colour of Law.

550

COLONIAL RECX)RDS.

Concerning the Tenure of the Lands in the County of Albemarle in
particular, We humbly conceive the Right hon"' the Ix)r(l8 Commission-
ers for Trade and Plantations, have not a true account of the state and
condition of the Lands in that County by what they are pleased to say
of the Deed of Grant being in the nature of a temporary Power of At-
torney revokeable at pleasure which they say the Lords Proprietors seem
to have done by their Instructions to Gov' Eden. We therefore beg
leave to represent the Case of the Tenants of Albemarle County as it
appears to us. When His Majesty King Charles the Second granted the
Province of Carolina to the I^rds Proprietors there were divers persons
in possession of Lands within the bounds of the Charter who held their
Lands by Grants from the Government of Virginia and therefore in the
Royal Charter there was a saving of those persons Rights; The Lords
Proprietors in laying out the Province into eight Countys called that
eigth part of the Province lying next to Virginia by the name of Al-
bemarle County within which County it was that those persons dwelt
who held Lands by Virginia Grants and as the Lords Proprietors pro-
posed to grant the I^ands of their Province on harder terms than the
King's Subjects held theirs in Virginia the Inhabitants of Albemarle
County by their humble Applications to the Lonls Proprietors obtained
the Deed of Grant dated May l** 1668 whereby the Lands of that
County were to be granted to all new-comere for the future (who had
right to take up fifty acres for each [person in their family) on the same
Terms and Tenures as the People of Virginia held their Lands, As
by the same Deed will more at large appear. But all the other Lands
in the Province were to be granted at their Ijordships and their Succes-
sors Discretion and therefore they sometimes gave directions to grant
their other Lands at a high Quitt rent, and at other times on payment
of purchase money, with reservation of small Quitt Rents payable yearly.
But their Ix)rdships never attempted to infringe the Deed of Grant;
what was intended to be done by the directions to Govemour Eden
respected only the other Ijands and not those of Albemarle County, As
appears both by their Lordships directions which mention only the Sale
of Lands, and not the granting of Quitt Rents which Distinction was
always made between Albemarle County Ijands and the other Lands of
the Province, This also appears from the constant practice of their
Lordships Officers, who notwithstanding the aforesaid Order or any
other, granted the Lands in Albemarle County agreable to the Deed of
Grant aforementioned without the least Checque from the Proprietors.

COIiONIAI. RECORDS. 551

As the principal and most valuable Lands in the County of Albemarle
are already granted, we humbly hojK? that if sueh a construction were
to be put upon the Deed of Grant as that it were revokeable, as we trust
such construction will not l>o made, yet that His Royal Majesty will be
graciously pleased to confirm the same Grant unto His good Subjects of
the said County of All)emarle and direct that all the vacant Land in the
same may be granted a.s hath been heretofore accustomed agreable to the
Deed of Grant ; Altho' this is the «ise of His Majesty's Subjects and
Tenants of this Provin(*e and that no such like encouragement as a remis-
sion of 15. or 16. years rent was oifered us the Assembly reaclily came
into His Majesty's Proposals and by a Bill for an Act consented that the
Officers Fees should be settled in Proclamation money or just equivalent
thereto. And even to comply with the Payment of Proclamation
money for the rents, and for want thereof a just equivalent as also to
register the Grants in the Auditor's Office. Wherefore we humbly hope
your Excellency and the Council will joyn with us in making a true
state of the Poverty of this Provinw and their inability to comply with
a ProjKxsal for payment to be made in Proclamation money and that His
Majesty will Ik» graciously pleased to direct an equivalent may be ascer-
tained in the same Law for those we represent have given us in charge
not to burthen them with such payments as they can forsee no possability
of complying with.

We are sorry to find that your Excellency should have any reason for
so long a disuse of Assemblys, it being now above two years since any
sat to do business, and altho' with i-espect to the Affair of the Quitt
rents your Excellency might not think fit to treat with an Assembly on
that head until you had the royal Instructions, yet give us leave to ob-
serve that the Affairs of the Pn>vince in our humble opinion required
the meeting of an Assembly before this time, not only for our Applica-
tion to His Majesty towards the good & happy settlement of this Prov-
ince but also for the suppressing the many Oppressions which have so
loudly been complained of through the whole Province which could no
other way so properly be represented as in an Assembly.

We are of opinion with your Excellency that a British Trade ought
by all means to be encouraged; we will therefore do everything in our
Power to promote that in particular as also all other Trade in Generall,
and as the Powder money laid on Vessells was found to be the only ex-
pedient for raising a Magazine in the time of Indian War, as that occa-
sion ceased some time past we propose to ease the Trade of that Burthen,
which has so loudly been complained of by the Traders to this Province.

652 (X)LONIAL RECORDS.

And as a further encouragement we propose that a sum be paid out of
the Publick Treasury to the Commissioners for the severall Inletts
towards Bouying and Beaconing the Channels.

We propose to take into our consideracon the hardships of the People
living in the remote parts of the Country and to give them such Ease
with respect to the Courts as may be of use to them.

By the Laws passed in 1729 which we understand are under His Maj-
esty's consideration we think a very good provision was made for estab-
lishing the several Vestrys to build churches, Purchase Gleebs and to
make ample Provision for the Clergy, at the same time proper provis-
ion was made for the payment of Jurys. We shall therefore forbear to
do anything relating to those matters untill we shall be informed of the
Royal pleasure concerning those I^ws.

Your Excellency's kind wishes that a good harmony may be between
us, and your promise of a concurrence in everything that shall be for His
Majesty's Service and the good of the Province gives us the utmost satis-
faction when we reflect on the heavy grievances this ]K)or Country hath
long laboured under, not only by exorbitant Fees we have had so just
reason to mention to your Excellency at this time, as well as it hath
been heretofore, but likewise from the Pervertion of Justice by evil and
wicked Officers (we are sorry we are forced to say of your Excellency's
appointment and approbation) especially by William Little Chief Jus-
tice and his Assistants, which particular grievance we promise ourselves
will now be remedied by the arrivall of M' Chief Justice Smith who we
have good reason to believe to be a Gentleman of great honour and int^-
rity not only from his having His Majesty's approbation but from his
behaviour ever since his first arrival in this Province.

We assure your Excellency we are met with the best Disposition to

promote His Majesty's Service and the Wellfare of the Province which

we think ought to be inseparable, and as there doth not seem to be the

least appearance of any particular intere3t or view among us, so we shall

studiously avoid anything that may look like Heat or Division.

By order of the House

EDW* MOSELEY, Speaker.

The House adjourned till to morrow morning.

Thursday July 12*** The House met again.
Present His Excell^ in Council

Read the Petition of William Little Esq" Chief Justice in these words
viz* :

CX)LONIAL RECX)RDS. 553

North Carolina — ss.

To His Excell^ Greorge Burrington Esq" Captain General & Governour
in Chief, and the hon"* the Council now sitting in Assembly

The Petition of William Little Chief Justice.

May it please your Exceli/ & This Honoble Board

In the Address of the Lower House of Assembly to the Governour's
Speech, I find myself named in a manner I think very unjust and inju-
rious to my Character among their pretended grievances they have
charged nie in the Office of Chief Justice and the Assistant Justices with
pervertion of Justi(»e; such a charge I conceive ought not to have been
made without giving some instance of it, but that they have not pre-
tended to do, for reasons I submit. As tlic charge is great so in Justice
ought the proof to be, instead of that there is none, only some persons
undertook (as I am told) of their own knowledge to make it good, as tho'
it was not necessary that something should be made appear to that House
before they could justly pass such a grievous censure, This must be
allowed a very falacious way to buihl so weighty a charge upon, had I
ever took such a latitude in judging I miglit have justly been accased of
Oppression and {)ervertion of Justice. There was an attempt something
like this against me at a former Assembly when I was Attorney General
(by the same men too that stirred up this) when an Artifice was used to
prevent my then clearing it, in hopes something might stick by the bare
charge, for some time at least; for the next Assembly I was acquitted
by the Journal of the House, and made the falsehood of it apparent :
and yet without taking notice of that, I am told that this accusation was
the principal thing repeated.and urged now against me, in the Debate of
the House upon this present charge, and tho' this is a charge against me
as Chief Justice.

I therefore l)eg that this accusation of the House may not he permitted
now to pass over without being inquired into; that it may be seen how
utterly groundless the complaint is. I am sensible this Board as an
Upper House will not erect & assume to themselves a judicial Power of
trying Causes or convicting Offenders nor do I know any instance of
such Tryals One* indeed the House here took upon them to impeach
two great Peers of the Land, but that I l>elieve will not be thought a
precedent. But if the Board cannot proceed in it as a Court, yet as Gov-
ernour and Council they have Power to examine into the conduct and
behaviour of Officers and to remove, suspend, condemn or censure a
Chief Justice or any other Officer that truly merits it, as I hope they will

take oocasion^to shew.

70

554 CX)LONlAL RECORDS.

For my part if this charge against me be thought true, I freely own I
ought to be removed, I therefore beg a day may be appointed for hearing
it, and that I may have timely notice of the pailicular Fact« if they
have any to charge against me, and that tlie House may be directed to
make good their Complaint: which now being only a charge in general
can only in as general terms be denyed, which I do in the most solemn
manner, and witli a confidence usual to Innocence.

To be arraigned on the seat of Justice is what I tliought even envy
would not attempt against me, having acted with all good Conscience as
my own heart assures me, and I am at a loss how such a charge could
possibly be framed against me, I have been recollecting but cannot
make myself sensible of having committed one material Fault in the
station, much less am I conscious of anything in the least that can merit
the name of pervertion of Justice which my soul abhors with the utmost
disdain, and could anything like it be made appear I shall be content to
stand condemned for ever. But if they fail in making good their charge,
as I know assuredly they must, what recoinpence, what reparation can I
have.

Bodys of men have a Priviledge that when refuted none takes it nor
can they be called to account, but in all Justice the more tenderly then
should they use their Power without partiality and without prejudging.

I am not insensible the secret springs their Reports rise from, and could
easily retort so as might take off all edge from their charge but shall
waive it, I will shun everything that may look like bringing a railing
accusation or recriminating, since I know my own Innocence I shall the
more easily keep temper and decency especially to the worshipfiill the
House that have now espoused the cause. But the Gentlemen that have
been thus unhappily led to censure and condemn me unheard or \vithout
one proof or instance of any corrupt judgment or injustice I have done
in the OflBce, must give me leave to think I have had exceeding hard
measure, God send it may never be mea^red back to the contrivers of it,
I thank God I have not done so by any man but in everything before me
have at all times judged impartially so may God judge me and them at
last. But perhaps the Grentlemen may intend by my perverting justice
only the Crime of taking Fees in Bills at four for one, if that be all that
is meant, I shall have very little to say to it, I therefore intreat the House
may be more particular in stating Facts, and those that effect me particu- v
larly, and as they have been pleased thus to single out my name that they
will please to let me stand single in my defence.

COLONIAL RECX)RDS. 555

As to the taking exorbitant Fees so much complained of in the Ad-
dress, for my part I must solemnly aver, that I never taxed nor took
myself any other than by the Table of Fees the Law has appointed, nor
have I ever insisted that they should be paid in money but was always
ready to receive them in any of the rateil Commodities of the Country as
they are rateil by Law, of which there are one and twenty several species
of the produce of the Country so the Oppression could not be so violent
as is ]>retended ; nay I should have been content to have received them
even in Pitch and Tar, nor should have ventured to refuse what the Law
has provided. When the Fees have been paid in Bills as the People
chose to do at four for one as an equivalent rather than money, I have
taken care they should be received at no higher advance than four for
one, tho' I am told, othei>i design to take six for one, and if four for one
l>e thought too high, and T have committed an error in it, I am not alone
(tho' only I am personally named) if it l)e a crime no doubt the Assem-
bly will vote it illegal to recjeive them so, and that will affect all without
condemning it in one and not in another. It is well known the Fees are
taken so in the Precnnet Courts as well as in the General Court, which
the Country in all parts is sensible of and which their Principals I believe
are most agrieved at tho' the House hath not mentioned them.

For my part it was not I that l)ogun it, the Practice was established
before my time, M' Chief Justice Smith and the other Officers took them
so, but if the House intend me the honour of setting me at the head of
the charge I shall beg leave to decline it. I intended soon to have quit-
ted the place, nor was I ever fond of the Office of Chief Justice it was
not my seeking but it was the pleasure of the Governour & Council nay
I may say by His Excellency's commands that I took it. And tho' they
would now endeavour to wound the Governour (for it) thro' me I have
the pleasure to think I have done no dishonour to the appointment,
further, mo<lesty forbids me to say.

I have been for some time determined to retire from all publick Busi-
ness ; that I may (if it shall please Grod) recover from my long illness I
have undergone I shall not therefore undertake the defence of the cause;
but I choose to leave the charge to my successors be it M' Smith or any
other, who no doubt will soon make the People easy in the matter.

I shall therefore cn^nclude with importunately repeating my Prayer that
if the House have anything to alledge, on any other head than that of
four for one, they may assign the Particulars, and that a day may l)e
appointed for hearing it before this Board.

556 CX)LONIAL RECORDS.

Tliis iionourable Boaixl where tho' I have often appeared for favour to
others (as ray accusers raay know) yet for myself I ask none only for jus-
tice to my injured Character and I do not in the least doubt it from this
honourable Board who are not to be led away with Heat & Clamour,
Prejudice, Passion or Private Pique.

To your Exce"^ therefore & your Honours I most humbly but most
chearfully submit myself & my Cause and shall ever remain in all duty
&c

July 12*^ 1733. W. LITTLE

Ordered That a Copy of the said Petition be sent down to the General
Assembly. Absent the Governour.

Read a Bill for an Act entituled an Act to repeal the Act of Assembly
entituled an Act for raising a Publick Magazine of Amunition upon
the Tonnage of all Vessels trading to this Government past at the Bien-
nial Assembly in the year 1715 the third time and past.

Ordered That the Bill be engrossed.

Adjourned till to morrow morning.

Friday July 13*^.

The House met again.

Received the following Vote from the General Assembly viz'

To THE Upper House

Voted that the sum of Ten pounds be paid out of the Publick Treas-
ury to the Rev* M' Boyd for his sermon preached before the Assembly
this day and that His Exce**^ the Governour be desired to issue his War-
rant for payment of the same.
Sent to the Upper House for Concurrence

By order

MOSELEY VAIL f Clk.
Which was read and concurred with.
Received the following Message from the General Assembly viz*

To THE Upper House

Reported from the Committee of Propositions & Grievances that the
Committee have had several complaints laid before them and sundry
Petitions from divers Inhabitants setting fortli that divers free People,
Negroes & Molattoes residing in this Province were taken up by the
Directions of Thomas Bryant, James Thompson, Benjamin Hill, John
Edwards, Thomas Kerney and William Lattimoor of Bertie Precinct

COLONIAL RECORDS, 557

Benjamin Peyton and Robert Peyton of Bath County Justioes of the
Peace and others and by these Justices bound out until they ooiue to 3L
years of age contrary to the consent of the Parties bound out.

The said Committee further report that these practices are well known
to divers of the said Committee and tliat they fear that divers Persons
will desert the settlement of those* parts fearing to be used in like man-
ner so unlawfully.

It is therefore humbly re(^m mended by the said Committee that a
vote pass this House declaring the illegality of such a practice and that
all such Persons so taken fnmi their Parents or Guardians l)e returned
to their respective parents or to those under whose care they were, and
that those Magistrates who have bound out such Persons and those to
whom they have l>een lx)und do attend at the next Biennial Assembly to
answer for such their doings. With which Re|)ort the House concurred
and Ordered the same U) be sent to the Upi>er House for concurrance.

By order

MOSELEY VAIL f Clk.

Which was read and the following Message returned in Answer viz*

M' Speaker & Gent: of the Gen: Assembly

As to the Massage touching the Report of the Committee relating to
the prac^tice of binding out Free Negroes and Molattoes till they come
to 31. years of age contrary to the Assent of the Parties and to Law
This House are of Opinion that the Justices of Peace who have so acted
may be ordered to attend the Assembly this Session if time will admit
if not that then it be recommended to the next Biennial in order that
such an illegal practice may be exploded. In the mean time this House
are ready to concurr with the General Assembly in earnestly recommend-
ing the matter to the Courts of Law, so that speedy Justice may be done
and that the Parties injured may have relief.

By order.
ROB* FORSTER f Clk Upper House.

Received the following Message from the General Assembly viz*

To THE Upper House

Reported from the Committee of Propositions & Grievances that the
register of writings for Beaufort and Hide Precincts being dead, one
Benjamin Peyton hath jK)8se8sed himself of the writings and lxx)k
l)elonging to that Office pretending a Commission from the Governour
for the same and hath carryed them from Bath Town contrary to order

658 (COLONIAL RECORDS.

of that Court which forbid the moving them from Town and that it is
much to be feared by the Magistrate and Inhabitants of those Pre-
cincts that the same may be imbezled by the said Peyton he being a Per-
son of very ill fame & character. It is the opinion of this Committee
that the Assembly do address his Excellency the Governour that if he
has granted such a Comission he would be pleased to recall it, and that
he would direct the Books and Papers belonging to that Office may Ix;
kept at Bath Town as by Law it was provided they should be. This
House concurrs with the Report of the Committee divers of the Mem-
bers of this Assembly very well remembring that the said Peyton when
he was formerly Marshal of Bath County attended this House at the
Assembly l>egun in April 1731. when it appeareil to the Members divers
whereof are now present that he had erased or causeil to l)e erased the
name of a person duly chosen and returned for Newberu Town and
inserted or caused to be inserted another person not duly chosen.

The House (x^ncurreil therewith & ordered to l)e sent to the Upper

House for Concurrance.

By Order

MOSELEY VAIL f Clk.

Which was read and the following Message in Answer thereto returned,
Viz^

M' Speaker & Gent : of the Gen : Assembly.

This House having your Message relating to M' Peyton and the Reg-
istry of Beaufort and Hide under their consideration are desimus you
would let them have the evidence which has been produced to you of

the fact.

By order

R^' FORSTER ^ Clk. Upper House
Adjourned till to morrow morning.

Saturday July 14"* The House met again.

Read a Bill for an Act entituled an Act for Enlarging and confirming
the Jurisdiction of the Precinct Courts the first time and passed with
Amendments.

Read a Bill for an Act entituled an Act to prevent the annoying or
stopping up of Harbours or Navigable Creeks or Rivers in this Prov-
ince the first time and past with Amendments.

Adjourned till Monday morning.

COLONIAL RECORDS. 559

Monday July 16*** The House met again.

Road a Bill for an Act entituled an A(rt for Enlarging and Confirming
the Jurisdiction of the Preeincrt Courts the secxmd time and pass'd with
Amendments.

Adjourned till to morrow morning.

Tuesday July 17*** The House met again
Adjourned till to morrow morning.

Weilnesday July 18"* The House met again

Present

His Exccll^ George Burrington Esq" Governour &c,

T^i LT bi« / John Bapt* Ashe Edw* Gale. \^ Es(|" Members of

( John I^)vick William Owen, j His Maj****' Council

His Excellency the Governour commanded the attendance of the Gen-
eral Assembly who c&me in a full Body and His Excellency the Gt)v-
ernour delivered the following Paper which he read and is as follows viz*

Gentlemen of Both Houses.

I opened this Assembly with a very kind Speech and sincerely rec-
ommended to you Unanimity and to proceed without heat or Passion,
I pro|X)sed several things to you for the goinl of Hhe Countrj' which I
always endeavoured to promote, but there having been so much time
frivilously spent or worse, I find it to little purpose to keep you longer
together.

M' Speaker <fe Gent: of the Lower House

You from the l)eginning have discovered such a spirit that I early
doubt whether any good might be expected from you, but have waited
patiently to see what might be effected, but finding my good intentions
to no purpase, I only tell you I am heartily sorry to see heat and Party
prevail so much among you; I assure you that is not the way to serve
your Country, tho' you have an opportunity thereby to serve yourselves
and display piques & prejudices.

You have artfully and falsely endeavoured to represent the Govern-
ment under me as grievous and oppressive, tho' every man in the Prov-
ince knows the contrary, unless you will call His Majesty's Instructions
grievous, which my steady adhering to, has been the occasion of raising
all this Faction.

As to my disuse of Assemblys as you maliciously terme it, there past
not two years between the last Assembly & the chooseing this tho' I

660 COLONIAL RECX)RD8.

think the frequency of their meeting unless they would proceed with
more temper and justice, is of no other use than to promote party and
faction, and to give some People an opportunity to pursue their own
malice and envy under the Umbrage of an Assembly. Bodys of men
cannot blush, and that's your advantage; One of the most furious among
you (I am told) declared he should not have attended this Assembly but
purely to oppose the Governour, and that he came on purpose to plague
him. I wish there had been no more Incendiarys amongst you, and
that all the others had the Country's good more in their thoughts. I
condemn not all, for I believe there are some well meaning honest men
amongst you, but even those bore down or carryed away by the false
zeal & clamour of the rest, an instance of which sufficiently appeared in
the management of your Answer to my Speech, it was drawn by the
most inveterate Meml^er, and no sooner brought into the House, but
pushed on with a noise and violence that stifled all opposition and that
was called, Nemine Con trad icente.

If Assemblys in this Province proc^ecd in the manner you have done
with heat and partiallity, they themselves will grow the greatest griev-
ance and oppression to the Country, Burgessing has been for some years
a source of lyes and occasion of disturbances, which has deterred good
men from being Candidates or entering the lists of noise and Faction
w*** every common observer knows. Neither doth the King's Instruc-
tions that only Freeholders should vote find any weight in your Elections
tho' always inserted in the Writts.

As to the affair of the Chief Justice, I have already acquainted you
j I would appoint a day for hearing and making good the charge, but as

\\m you seem to waive it I appoint the 30*** day of this month for the said

hearing at the Council Chamber, where you or any other People may
attend to make good the Charge. His Petition layd many days before
you without any notice taken thereof, but yesterday on a sudden heat
without regarding me or his station, you insolently presumed by your
Surgeant to take him into custody for a pretended contempt found in the
Petition by him delivered to the Upper House, tho' all unbiased Men
[ do allow it was wrote with as much Decency and Temper as the Charge

would admit of.

You have also presumed to take into Custody the Receiver of the
Powder money for Port Roanoake, tho' under very sufficient security
who had my orders agreable to His Majesty's Instructions not to make
up any Publick Accounts but before me in Council.

COLONIAL RFXJORDS.

561

You have denyed to conform to His Majesty's Instructions concerning
the payment of the (^uitt rents, tho by calling you again together 1 give
you another opportunity of accepting His Majesty's most gracious favour
in allowing them to he passed in Proclamation money instead of Sterl-
ing, Nay, you have denyed they are due or ought to be paid in any
money at all, but of your own making.

You have oflTered but three Bills all this time, one of which is so
inconsiderable as not to be worth mentioning. One other for Enlargeing
the Power of the Preciiujt Courts, which I recommended to you, you
tfx)k care to clc^g with such Clauses as you must know I could not pos-
sibly assent to.

I also proposed to you for the encouragement of the British Trade to
relieve their ships from paying the duty of Powder money, and you have
brought in a Bill which has past both Houses for taking the said Duty
wholly of all Vessels.

I am informed you have refused to admit several Members of your
House legally chosen and returned by the proper Officers, pursuant to
the ancient and constant Practice of the Province and as vou are but
part of a House, my allowing your procedings, or orders would be
giving up an undoubted right of His Majesty's which has never l)een
contested before this time.

For the aforesaid reasons I dissolve this Assembly and it is hereby

accordinglv dissolved.

GEO. BURRINGTON
A true Copy. Exam** by

R* FORSTER ^ Clk. Upper House.

NoKTH Cakoi.ina — ss.

At a General Assembly b^an and held at Edenton for the said Prov-
ince July y«3rd 1733

MEMBERS RETURNED

Chowan
CoP Edw** Moselev

ft'

Col° Henry Bonner
Edmd. Porter Esq"
Collen Pollock Esq'
Cap* W™ Downing

Perquimons

M' Rich* Skinner
M' Sam* Swann
M' Zebul" Clayton
M' Ch' Den man
Capt. Rich** Sanderson

Pasquotank.

M' Ch' Sawyer
M' Gab* Burnham
M' Jn° Sawyer
M' Jer*^ Svmons
Colo" Tho' Swann

71

562

COLONIAL RECXDRDS.

Curratuck

M' Fran' Morse
M' John Mann
M' John Etheridge
M' Steph* Williams
M' Tho' White

Craven

M' W"* Handcock
M' Evan Jones

Edenton
M' Ch* Westbeer

Bertie

M' Jam* Castlelaw
Cap* George Winn
M' Arth' Williams
M' Isaac Hill
M' W" Kinchen

Carteret

M' Ch' Cogdal
M' Jos** Wickers

Bath Town
M' Jn** Lahev

Beaufort

Maj' Rob* Turner
Doct' Patr*' Maul

Hide
M' Tho* Smith
M' W" Barrow

New Hanover

M' Jno. Swann.
M' Jno. Porter.

Newburn Town
M' Walter Lane.

M' Ayliffe Williams produced a Dedimus from his Excellency the
Governour to qualify the Members of this House and the following
Members qualified accordingly viz*

For Chowan — Col° Edw** Moseley Col° Henry Bonner M' Collen Pol-
lock Edm'> Porter Esq' Capt W°* Downing For Edenton— M' Ch*
Westbeer For Pequiraons — M' Rich* Skinner M' Sam* Swann M'
Zebulun Clayton M' Charles Denman For Pasquotank — M' Ch* Saw-
yer M' Gabriel Burnham M' Jno Sawyer For Beaufort — Doct' Patrick
Maul Maj' Rob* Turner For Craven — M' W"* Handcock M' Evan Jones
For Curratuck — M' Francis Morse For Bertie — M' Arthur Williams
M' Isaac Hill M' William Kinchen Capt. George Winn For New
Hanover — M' John Swann.

The aforementioned Members being qualified several Grent. that were
elected for the New precincts of Onslow Edgecombe and Bladen ap-
|)eared and the House of Opinion that they ought not to qualify as Mem-
bers the House intending to take the same into Consideration to Morrow.

Sent the following Message to the Upper House.

The House being qualified are ready to wait on your Excellency.

A. WILLIAMS C>^ Genl AssemW^
Sent by Edm** Porter Esq'

& M' Col- Pollock

The Messenger of the Upper House came to acquaint this House, His
Excellency the Gov' was ready to receive them.

Whereupon the House attended.

The Members waited upon the Governour who directed them to choose
their Speaker and he would be ready to receive him this Evening.

COLONIAL RECORDS. 563

The House thereupon returned and Unanimously chose Col* Edward
Moseley Speaker.

Sent the following Message.

To HIS EXOELI/ THE GoV' IN COUNCIL.

This House have chose their Speaker and are ready to present him to

your Excellency.

By Order

A. WILLIAMS C*^ Gen» Asseml)^.
Sent by M' Westbeer

& M' Denraan

The Messenger of the Upper House came to this House and informed
the House that his Excel 1^ the Gov' was ready to receive their Speaker.

The House thereupon attended with their Speaker and there not being

Members of the Council sufficient to make an House His Excell^ was

pleased thereupon to prorogue the Assembly untill to Morrow, which is

accordingly prorogued.

A. WILLIAMS C»^ Gen> Assenl»»^

W^ednesday July y* 4"*.

The House met pursuant to Yest^nlay's Prorogation and there ap-
peared M' Tho* Smith Member for Hide precnnct who took the Oath by
law appointed and suKscribed the Declaration.

Received a Message from the Gov' That he was ready to receive the
Speaker. Whereupon the House waited upon his Excell^ who approved
of the Speaker and made a Speech, which the House obtained a copy off
and returned. Where the same was read again Viz*.

Gentl. of Both Houses.

Upon my first Arrival after I had taken Charge of this Government
for the King I called an Assembly and as directed by his Majesty's
Instructions, I proposed to them several things to be enacted for the
Regulation of the Province, but was not so happy as to obtain their
Complyance with them, which if then agreed too, and settled, I am sat-
isfied would have been much better for the Country and might have been
a means of Gaining his Majesty's further favor about the Rents, which
People are so desirous should be made easy to them.

That Assembly proposed to pay the King's Rents in Rice and Tobacco
at a rated Price in Lieu of proclamation Money which his Majesty
offered to receive them at instead of Sterling As I did not think my-
self impowered to make any further Concessions, without Knowing his

ri(>4 CX)LONIAL RECORDS.

Maje^^ty's Pleasure, fur that Reai?uii and some others I thought it not
necessary to call another Assembly, lx?f*ore I had made a Report of the
State of this Country to the Ix)rds Commissioners for Trade and Plan-
tations, and was honoured with an Answer from them. Which I very
early did with great (^re and Faithfulness, but their Answer came not
to my hands till the 26*"* day of March hist, when I issued Writs for
this Assembly.

I must now ac<^uaint you, that by a fresh Direc^tion, I am restrained
from passing an Act for the payment of Qui tt Rents in any other Specie
but in Proclamation money, and I am ordered to take care that the
Officers Fees be paid in ProiJamation Money also. How far the Ol)e-
dience of this Assembly to the Kings Instructions may induce his Maj-
esty to grant further Ease or Indulgence to the People in their Rents I
leave you to consider.

It is expected, as may be seen in the 19*** Instruction (which I shall
cause to be laid before you) that there should an Act be passed, to oblige
all Possessors of Land, in this Government to register the same in the
Auditors Office, which is the more reasonable since his Majesty is not
only graciously pleased to permitt me to pass an Act for remitting all
Arrears of Rents due when the King compleated the Purchase of Caro-
lina, but also to quiett People in the Possession of their Lands, a Favour
that I hope this Assembly wili endeavour to Merrit.

I am commanded by the 75*** and following Instruction to take especial
care that the Publick Service of the Church of England be duly main-
. tained and that a competent Provision be made for the Ministry, Lands
assigned them for Glecbs, and convenient Houses built thereon, the lit-
tle Provision hitherto made for supporting the Publick Worship, seems
to l)e a Reproach to the Country and prevents many good People from
coming here to settle. It certainly becomes you to provide some more
decent Means to maintain the Clergy and to appropriate Money for the
building a Church or Chappel in every Parish, which in most Places are
now wanting.

I think it would prove for the Ease and Benefit of the people if the
IK)wer of the precinct Court*^ was inlarged and Ixjtter Provision made
for Juries, whi(;h One of my Instructions directs Me to recommend.

I will not burthen you at this Season with too many tilings for your
Consideration but I cannot help rec^ommending to you to do something
for the Encrtiising the Prcxlucts of this Country, which will gradually
beget more Industry among the people and will l)est promote a British
Trade that is so much wanttnl here and which we ought always to eucour-

COLONIAL RECORDS. 565

age, and for this End I think it would be well to exempt all Vesst^ls that
come from Great Britain from the payment of powder Money, and that
your own Commodities for that Trade were under better Inspection and
Regulation.

Gentl.

I conclude witli Hearty wishing there may l)c that Harmony and good
Agreement JK^tw^een you, that the Country at this time has Oc»casion for,
I hope you meet together with su(!h good Dispositions, that no particular
Interest and Views, no Heat, no Divisions may hinder your joining with
Me in promoting the Wellfare of this Country, which I assure you I
have equally at Heart with the Best Men herein, I sincerely promise
you my Concurrence in Everything that shall be for his Majesty's Serv-
ice and the Good of this Province.

GEO. BURRINGTON.

Ordered. That M' Edmond Porter M' Collen Pollock M' John Swann
M' Charles Denman M' Gabriel Burnham Cap* William Downing M'
Charles Westbecr Doct' Patrick Maul and M' Arthur Williams be a
Committee to consider his Excellency's S|>eech and draw up an Answer
thereto.

And whereas we perceive by his Excellency's Speech that he has
rci^iveil fresh Directions and Orders concerning the Quitt Rents and
ifees. The House thereupon sent the following Message to his Excellency.

To His Excellency the Governour.

Your Excellency in your Speech liaving been pleased to mention your
Receit of fresh Instructions concerning the Quitt Rents and ifees this
House desires your Ex(rellency would be pleased to communicate to this
House Copies of those Instructions relating to the Quitt Rents and ffees,
that the Committee appointed to consider the Speech and make answer
thereto may be the l)etter enabled to make their Report to the House.

A. WILLIAMS O^ Gen» AssemW^

And thereuix)n his Excellency caused to be delivered to this House
the two following Paragraphs. Viz'.

My Ivords having referred several Questions upon the Acts of this
Province to his Majesty's Council for their Opinion in Point of Law,
An answer to that part of your I^etter, must yet l)e deferred for some
time. But I am now to acquaint you with Respei^t to that part of your
Ijetter, where you ask the opinion of the Board whether the Receivers

566 COLONIAL RECX)RDS.

of his Majesty's Quitt Rents may not accept of an Equivalent for Pro-
clamation Money, That you are steadily to adhere to your Instructions
upon all Occasions, and therefore when any Act shall be passed, it must
be enacted that his Majesty's Quitt Rents be punctually paid in Procla-
mation Money. And if it shall appear that there is not money sufficient
to answer the said payments. His Majesty may then, upon a proper
Application agree to take an Equivalent in the products of the Province.

I am likewise to inform you that the grand Deed of 1668 from the
Ijords Proprietors, which you mention as pleaded by the people against
paying any higher Quitt Rents than are paid in Virginia, can only be
understoocl as a Temporary Letter of Attorney from the Lords Proprie-
tors revocable at Pleasure, as in effect it was many years ago, when they
directed their Gov' M' Eden to grant no Land without reserving One
peny ^ Acre, however as the paying 4 Shills. Proclamation Money p'
Hundred Acres, as well as paying all officers Fees in the said Currency
and registring all Grants of Land, are by your Listructions made the
Terms upon which his Majesty Jias been graciously pleased to declare he
will remitt the paym* of the Arrears of Quitt Rents. His Majesty's
Officers may soon have Directions to collect the said Arrears unless the
people do s|)eedily think fitt to comply with his Majesty's Terms, which
are calculated for their Advantage and for quieting them in their Pos-
sessions.

Two Paragraphs of a Letter from the Board of Trade dated Augt.
U*^ 1732.

Ordered. The several Returns for the Members of this Assembly be
laid before this House.

Which was done accordingly, excepting for the Precinct of Curratuck
and the New precinct of Onslow.

M' Charles Cogdal M' Joseph Wickers being returned Members for
Cartaret precinct took the Oaths and subscribed the Declaration aoconl-
ing to Law for their Qualification.

The House taking into Consideration the Aifair of the New precincts.

Ordered. The same be referred to the Committe appointed to con-
sider the Governour's Speech ; that they examine presidents and report
to the House their Opinion concerning the same.

M' AylifFe Williams produced his Excellency's Commission for being
Clark of the Lower House of Assembly Also M' John Richards pro-
duced his Excell^* Commission for being Sargeant of the Lower House
of Assembly.

This House conceiving that the appointing the aforementioned Officers
has always appertained to this House.

COLONIAL RECORDS. 567

Ordered. That the Consideration thereof be referred to the Cofnitte

aforesaid to examine Preceedents and report to the House their Opinion

concerning the same.

A. WILLIAMS O^ Gen> Assembly
Adjourned to 9 a Clock 1
to Morrow Morning J

Thursday July 5***

The House mett pursuant to Adjournment.

Ordered. That the Committe appointed to make Answer to the Gov-
ernouWs Sj)ee(*h he a Committe of Propositions ar)d Grievance and that
any of the Meml)ers of this House may join the said Committe.

Ordered. That Cap* W°* Downing M' Collen Pollock Co" Henry

Bonner M' Arthur Williams Maj' liol^eit Turner and M' Thomas Smith

be a Committe to join such Members as shall be appointed by the Upper

House as a Comitte of Claims.

A. WILLIAMS O^ Gen> Assem*'
Sent by M' Swann &

M' Burnham

Voted. That the several Powder Receivers do lay their Accounts be-
fore this Assembly by Wednesday next.

Adjourned to 9 a clock to Morrow Morning

Friday July 6"^

The House met pursuant to Adjournment. And there api)eared M'
James Castelaw Meml)er for Bertie prec^inct who took the Oaths and
Subscribed the Declaration by I^w apj)ointed for his Qualification.

M' Edmond Porter from the Committe appointed to answer his Ex-
celK the Governour's Speech made Report that the Committe had sundry
Times considered the same & agreed to a Draught of a Report, which
was read and laid on the Table.

The said Report was read again and being fully debated and consid-
ered.

Voted. Nemine contradicent€ that the said Answer be accepted which
is as follows. Vizt.

To His Excell^ George Burrington Esq" His Majesty's Cap* Gen* and
Gov' in Chief of North Carolina.

May it please your Exoell^.

This House having taken your Excellency's Speech into our most
serious consideration and having duly examined the Conduct of the As-
sembly in April 1731. We cannot but be of opinion, that the Assembly

568 COLONIAL RECORDS.

went as far as it was possible toward a Complyaiiee with the Royal
Instruction concerning the Quitt Rents and fiFees ; inasmuch as the want of
Gold and Silver Currancy is so well known in this Province, and now at
this last Election our Principals throughout the province having recom-
mended nothing more earnestly to Us than that We should not consent
\ to burthen them with such payments as are impossible for them to make.

We take Notice that Your Excellency is pleased to say that that As-
[ sembly proposed to pay his Majesty's Rent in Rice and Tobacco at a rated

[ price in Lieu of Proclamation Money, which his Majesty offered to

i receive instead of Sterling. We find by a due Enquiry into the Matter,

I that the Assembly did endeavour to comply with the Royal Instruction

\ as near as possible and thei-efore as there seemed to be no Probability of

[ such payments to l)e made in Gold and Silver, they offered a just Equiv-

\ alent — But that the Rents are due in Sterling as your Exce"^ seems to

\ intimate, or even in Proclamation Money, We humbly b^ Leave to dif-

[ fer in Opinion and We hoj>e to be able to support this our Opinion.

The Rents reserve<l in the Grants of Lands are not said in the Grants
to be payable in Sterling Money or any other, and in all equitable con-
struction We think the Money reserved must l)e understoocl the Money
of the Country and so the Tiaw hath always been taken, nor has Sterl-
ing Money or PnK'lamation Money l)een ever recovered on any Specialty,
but where those have been Specially naine<l and expressed.

But t^) shew that the Rents and (fees are payable only in the Currant
Money of the Proviru* We desire it may \>e remembred, that l)ef()re any
Paper Money was <'urrant in this Province there was always Acts of
Assembly declaring the pria^s of the Products of the Country to pa.ss as
Money in all resj>ects as well for Quitt Rents as any other Payments,
and when the paper Money was established, It was pnivided that the
same should Ih» currant in all payineiits, excn^pting for Purchase of Lands.
So that we think it very plain, that the Rents are not payable either in
Sterling or PrcM*lamatiou. Nor doth it seem to us by anything yet laid
before the House that his Majesty offered to receive Proclamation Money
for Rents in Lieu of Stirling. It doth indee<l appear that his Majesty
proposes that your Exce"^ should pass a liaw to remitt the Arrears of
Rents due from this province to the time of perfecting his Purchase
(which he was given to understand was very large) in case the Assembly
would by the same Law provide that all possessors of Land should reg-
ister their Grants in the Auditors Office, that the Quitt Rents payable
^ ^ for the future should be in Proclamation Money & the ffees of the Offi-

cers should be settled in Proclamation Money. We give his Majesty our

COIX)NlAL RECORDS. 569

Hearty thanks for such a mark of his Paternal care shewn to us in the
offer of remitting so large an arrear as was thought to be due from the
province, but at the same time We humbly heg leave to represent that
by a diligent Enquiry of the Members of this House who came from
the several parts of the province, We can't learn that the Arrears (if
any due) are worth collecting, because We all very well remember that
the Collections have been very constantly made and some have even
now produced to the House Receits for the Year 1730. Since his Majesty
purchased the Province. Indeed, We think his Majesty's oifer to the
province of South Carolina, in the like case was very wisely accepted, as
We are told it has been, in regard they owed 15 or 16 yeai's arrear, for
altho' Gold and Silver might be something scarce there, yet by their
large and extensive Trade, they might be able to procure it, tho at some
difficulty, when they had so great an indulgence as the Remittance of 15
or 16 Years. But in this Province We have no prospect of gaining Sil-
ver or Gold sufficient for such purposes. Our Trade being very much
cramp'd by the bad Navigation and the excessive ffees taken by Naval
Officers and Collectors the like not heard off in any of the British Domin-
ions as far as We can learn, and at the same time such flTees taken with-
out any Colour of Law.

Concerning the Tenure of the Lands in the County of Albemarle in
particular we humbly conceive the Right Hon**** the Lords Commissioners
for Trade and Plantations have not a true Accoiuit of the State and Con-
dition of the Lands in that County, by what they are pleased to say of
the Deed of Grant being in the Nature of a Temporary Power of Attor-
ney revocable at pleasure which they say the Lords Proprietors seem to
have done by their Instructions to Grovernour Eden. We therefore beg
leave to represent the case of the Tenants of Albemarle County as it
appears to us. When his Majesty King Charles the second granted the
province of Carolina to the Lords Proprietors there were divers persons
in possession of Lands within the Bounds of the Charter, who held their
Lands by Grants from the Government of Virginia and therefore in the
Royal Charter, there was a Saving of those persons Rights,- the Lords
Proprietors in laying out the Province into Eight Counties, called that
Eighth part of the province lying next to Virginia by the name of Albe-
marle County within which County it was that those persons dwelt who
held Lands by Virginia Grants and as the Lords Proprietors proposed to
grant the Lands of their Province upon no harder Terms than the King's
Subjects held theirs in Virginia, the Inhabitants of Albemarle County
by their humble Applications to the Lords Proprietors obtain'd the Deed

72

r

670 COLONIAL RECORDS.

of Grant datcxl Mav the first 1668. Whereby the Lands of that Countv
were to be granted to all New Comers for the future (who had Right to
take up fifty acres for each person in their Family) on the same Terms
and Tenures as the people of Virginia held their Lands as by the same
Deed will more at large appear. But all the other Lands in the Province
were to be granted at their Lordj^hips and their Successors Discretion, and
therefore they sometimes gave Directions to grant their other I^ands at a
high Quitt Rent, and at other times on payment of Purchase Money with
Reservation of small Quitt Rents payable Yearly. But their Lordshijis
never attempted to infring the Deed of Grant, what was intended to l^e
done by the directions to Governour Eden, respected only the other Lands
and not those of Albemarle County as appears both by their Lordships
Directions, which mention only the Sale of Lands and not the Granting
of Quitt Rents which Distinction was always made between Albemarle
County Lands and the other Lands of the Province; this also appears
from the Constant practice of their Lordships Officers, who Notwithstand-
ing the aforesaid Order, or any other, granted the Ijands in Albemarle
'County agreeable to the Deed of Grant aforementioned without the least
cheque from the Proprietors.

As the principal and most valuable Lands in the County of Albemarle
are already granted, we humbly hope that if such a Construction were to
be put upon the Deed of Grant as that it were revocable, as we trust such
Construction will not be made. Yet that his Royall Majesty will be gra-
ciously pleased to eonfinn the same Grant unto his good Subjects of the
said County of Albemarle and direct that all the Vacant Land in the
same may be granted, as hath been heretofore accustomed agreeable to the
Deed of Grant. Altho this is the case of his Majesty's Subjects, and
Tenants of this Province, and that so such like encouragement as a Remis-
sion of 15 or 16 Years Rent were offered us, the Assembly readily came
into his Majesty's proposals, and by a Bill for an Act consented that the
Officers ffees should be settled in Proclamation Money or a just EJquiva-
lent thereto; and even to comply with the payment of Proclamation
Money for Rents, or for want thereof, a just EJquivalent, as also to rois-
ter the Grants in the Auditors Office. Wherefore we humbly hope your
Excellency and the Council will join with us in making a true State of
the poverty of this Province and their Inability to comply with a propo-
sal for payment to be made in Proclamation Money. And that his Majesty
will be graciously pleased to direct an Equivalent may be ascertained in
the same Law. For those we represent have given us in Charge not to
burthen them with such payments as they can fore^see no possibility of
complying with.

COLONIAL RECORDS; 571

We are sorry to find that Your Exeelleney should have any Reasons
for so lonj^ a disuse of Assemblies, it being now above two Years since
any sate to do Business, and altho with Respect to the affair of the Quitt
Rents Your Excellency might not think fit to treat with an Assembly on
that Head, untill you had the Royall Instructions; Yet give us leave to
observe that the Affairs of the Province in our humble Opinion required
the Meeting of an Assembly before this time, not only for an Applica-
tion to his Majesty toward the Good and happy Settlement of this prov-
ince, but also for the suppressing the many Oppressions, which so loudly
have been complained of thro the whole provim^e, which could no other
way so pro})erly be represented as in an Assembly.

We are of opinion with your Exc!ellcncy that a British Trade ought
by all Means to be encouraged. We will therefore do everything in our
Power to promote that in particular, as also all other trade in general,
and as the Powder Money laid on Vessels was found to be the only ex-
pedient for raising a Magazine in the time of the Indian War, as that
Occasion ceased some time past, We propose to ease the Trade of that
Burthen, which has been so loudly complained of by the Traders of this
Province, and as a further Encouragement We propose that a Sum be
paid out of the publick Treasury to the Commissioners for the several
Inletts towards Bouying and Beaconing the Channels.

We propose to take into our Consideration the Hardships of the peo-
ple living in the Remote parts of the country and to give them such ease
with Rcs|)ect to the Courts as may be of use to them.

By the Laws passed in 1729 which we understand are under his Maj-
esty's Consideration, We think a very good Provision was made for
establishing the several Vesteries, to build Churches, purchase Gleebs,
and to make ample provision for the Clergy At the same time proper
Provisicm was made for the payment of Juries; we shall therefore for-
bear to do any thing relating to those Matters untill We shall \ie informed
of the Royal Pleasure concerning those Laws.

Your Excellency's kind W^ishes that a good Harmony may be between
Us, and Your Promise of a Concurrance in everything that shall be for
his Majesty's Service and the Goodof the province gives Us the Utt-
most Satisfaction ; when We reflect on the heavy Grievances this poor
Country hath long Iial)oured under, not only by the exorbitant fFees,
We have had so just reason to mention to your Excellency at this time,
as Well as it hath been heretofore, but likewise from the pervertion of
Justice by Evill and wicked Officers (We are sorry We are forced to say,
of Your Excellency's appointment and Approbation) especially by Wil-

L

572 COLONIAL RE(X)RDS.

Ham Little Chief Justice and his Assistants, which Particular Grievance,
We promise ourselves, will now be remedied by the Arrival of M' Chief
Justice Smith who we have good reason to believe to be a Gentleman of
great honour and Integrity not only from his having his Majesty's Ap-
probation but from his Behaviour ever since his first Arrival in this
Province.

We assure your Excellency We are met with the best disposition to
promote his Majesty's Service and the Wellfare of the Province, which
we think ought to be inseparable and as there doth not seem to be the
least Appearance of any particular Interrest or Views among us. So We
shall studiously avoid anything that may look like Heat or Division

Ordered The same to be fairly transcribed for this House to wait on
his Excellency therewith.

The Committe of Propositions and Grievances laid before the House
the following three papers which are as followeth Viz*

This House being made sensible that divers of the Members of the
Assembly held in April 1731 had requested M' Chief Justice Smith,
when he proposed to go for England to do the Country what Service
he could touching certain Grievances and this House being Satisfied that
the said M' Chief Justice Smith has been very Serviceable to this prov-
ince in setting forth their Grievances.

Voted Unanimously that M' Porter and M' Castelaw do wait on the
said M' Chief Justice Smith and give him the thanks of this House for
such his Service done to the Country and that they assure him that this
House will take those his Services into their further Consideration.

By Order

A. WILLIAMS Clk Gen> Assembly.

North Carolina — ss.

Greorge the Second by the Grace of God of Great Britain &c. King &c.
To the provost Marshal or Deputy Greeting.

Whereas by the Consideration of our Chief Justice and his Assistants
of our General Court began and held at Eden ton on the last Tuesday of
October last it was ordered in the Suit brought by John Bryant against
William Whitehead, that the Plaintiff having discontinued his Suit
should pay Cost, which Cost has been taxed, in the whole including this
Writt besides Marshall's ffees the sum of two Pounds Eight shillings
and ten pence proclamation Money or Equivalent as rated, whereof
Execution remains to l)e done. We command you therefore to take the

CX)LONIAL RECORDS. 573

Body of the said John Bryant and him in prison safely to keep without
Bail or Mainprize until! he hath paid or Satisfied the same together with
your own ffees hereof fail not and make return of this Writt with your
Doing thereon.

Witness William Little Esq' Chief Justice at Edenton this 20*^ day
of Nov*^' 1732.

Test Alexander Weight D. M.

W- LITTLE C"^.

Received of John Bryant ten pounds Bills of this Province of North
Carolina for an Execution against him dated the 20"" of November 1732
as Witness my Hand this 25*** of December 1732

Remains 4'»'": 7'* ALEXANDER WEIGHT D. M.

Received the following Message from the Upper House.

M' Speaker and Gent, op the House of Burgesses.

Resolved That John Baptista Ash Edmond Gale and William Owen
Esq' be and are hereby appointed a Committe to join with the Members
of the Lower House as are appointed to make a Committe of Claims.

By Order
ROB* FORSTER O^ of y* Upper House.

Adjourned to 9 a Clock to morrow morning.

Saturday July 7***

The House met pursuant to adjournment.

The Council House and the House the Assembly Sitts in wanting
Repairs.

Voted That Col* Edward Moseley Col** Henry Bonner and M' Charles
Westbeer be Commissioners to agree with Workmen for the Repairing
those buildings, and that when the same Repairs are perfected the said
Commissioners or any two of them have power to draw on the publick
Treasurer for payment of the Workmen.

Voted That M' Christopher Beckett have twelve pounds paper Money
as Now currant "^ Annum for his Care in keeping the Doors and Win-
dows of the Council House and Assembly House when those Houses
are not used.

Sent to his Excell^ the Gov' and Council for Concurrance.

A. WILLIAMS O^ Gen» Assembly.

By M' Ch' Sawer &
M' Jn° Sawyer

574 COLONIAL RECORDS.

Read the petition of Thomas Murphy setting forth that a Ferry by
Order of Craven Court was established at or near the said Murphy's
which he hath constantly kept: And very lately by the said precinct
Court hath appointed another Ferry above the said Murphy's much out
of the Way, and much to the said Murphy's prejudice, and the Subject
Matter of the said Petition ap|)earing to l)e true by the Testimony of
Some of the Members of this House,

Ordered That the Ferry be and remain at the said Murphy's.

Read the petition of the Inhabitants in the District between Terrapine
Hill and Arkill's Bridge in Chowan precinct concerning an Order ob-
tained in the precinct Court of Chowan Relating to a Road from Terra-
pine Hill to M' Edmond Gale's

Ordered That this House will take the same into Consideration on
Monday next and that in the Mean Time M' Edmond Gale and the
parties interrested have Notice thereof.

Read the Petition of the Commissioners for Bouying and Beaconing
of Ocaoock Inlett and Channel.

Ordered. That the Consideration of the said Petition be referred untill
the Powder Receivers Aax)unts of Port Bath are laid before the House.

Capt. William Downing from the Committe appointed to consider the
case of the New Precincts made Report that the Committe hath sundry
Times considered the same and agreed to a Report which was read and
laid on the Table.

The said Report was read agiiin.

Voted. That the same he accepted which is as followcth. Viz'

That when the province of Carolina was at first divided into Eight
Counties, each County was to have been a Government, and for some
Years that Eighth Part of the province, lying next to Virginia was
known and distinguished by the Stile and Title of the Government of
the County of Albemarle, and by those Constitutions bearing date 1698
agreeil to by the Lords Proprietors and the Representatives of the Peo-
ple it was provided, that as the Country shall increase the Representa-
tives shall also be proportionally incn»ased if the Commons do so desire.

The Scheme of ea(;h County, being a Government not taking cife<.»t by
Reason of the Small progress made in settling the Country the province
l)e«mie divided into two Goverimients Viz* North and South Carolina.

For the Government of North Carolina there was no Representatives
of the People, but such as representc^d the County of Allx?marle untill
the Year 1697 when the County of Bath being the County adjourning
to Albemarle had two Representatives allowed to sitt in the Biennial
Assembly.

COLONIAL RECORDS. 575

^Vs the Settlements eiiereased to the Southward the Govcrnour and
Council took on them at sundry times to divide the same into four pre-
cincts Viz* Bi»autbrt Hide Craven and Carteret and each of those pre-
cincts had two Representatives to sitt in the Assembly.

In the Year 1 722 the precinct of Chowan one of the precincts* in AIIhj-
marle County having extended itself very far, it was thought advisable
to erect a New Precinct to the Westward of Chowan River by the Name
of Bertie, which was done by Act of Assembly in the Year 1722 and
five Representatives allowe^l to that Precinct by that Assembly.

In July 1729 the Governour and Council assumed a Power by Order
of Council to erect a New Precinct to the Southward bv the name of New
Hanover adjoining to Carteret Precinct, and that Precinct sending Rep-
resentatives to the Biennial Assembly in Nov*" 1729 those Representa-
tives were not admitte<l by the Assembly to sitt and Vote untill an Act
passed that Session for erecting that precinct.

At the same Assembly in the Year 1729 the Governour Council! and
Assembly eret^t^jd another Precinct in Albemarle by the Name of Tyrril.

Thus the Way and Manner of Enlarging the Number of the Repre-
sentatives is brought down to the Case of the New Precincts now under
Consideration.

Whereon We observe.

1"* That Onslow Precinct is entirely taken out of Carteret and New
Hanover Edgecombe Chiefly out of Bertie and Bladen out of New
Hanover.

2^ We are of Opinion that a Method of enlarging the Number of
Assembly Men by Order of Governour and Council is not agreeable to
the Constitution, that the Representatives of the People are the proper
Judges what Encrease is necessary, nor ought any Encrease to be made
without their Assent.

3'^ Should any Encrease be made without their Assent, it would alter
the Form of Representation and make the Lower House to depend on
the Governour and Council and l)e subject to what alterations they
pleased to make, by dividing old precincts or erecting New lines from
which many Absurdities would follow, 2^ W^e conceive.

4'^ We find this power assumed by the Governour and Council is no
ways agreeable to the practice of our Neighbouring Government of Vir-
ginia, for there, as it appears by their printed Acts, the same is done by
Governour, Council and Assembly.

5'^ Nor do we find that any power is given to the Governour and
Council of this Province by the Royal Commission to Act in such Affairs
without the Assembly.

576 COLONIAL RECORDS.

Upon the whole We humbly propose it to the House as our Opinion
that the Members returned for the New precincts be not admitted, the
Assembly not having been consulted in or agreed to such an Increase.

The Committe are also of Opinion that it may be proper for the House
to have a Conferrence with the Governour and Council concerning the
subject Matter of the New Precincts.

M' Porter from the Committe appointed to consider the tuse of the
Officers appointed for this House by the Governour made Re|>ort thai
the Committe hath several times considered the same and agreed to a
Re[>ort which was read and laid on the Table.

The ^5aid Report was read again

Voted The same be accepted which is as followeth : Viz'

This Committe has with great Dilligence Examined the Books of the
Assembly and do find that it has been the constant practice of the House
to name and apjwint all their Officers Such as Clerk, Sargeant, Messenger
,and Door Keei>er, Nor can we find that the I^rds proprietors or their
Governours ever attempted to Name or ap{K)int those Officers or any of
them. We are indeed informed, but not so fully as to give satisfaction
in that case, that the Clerk of the House of Commons in England (by
Custom) is appointed by the Cn)wn. Thei^efore as we find the practice
here, has ever l)een for the A.ssembly to choose those Offiwrs, 'tis our
Opinion that it will be most prudent for this House humbly to address
to his Majesty that he will be graciously pleaseil to continue to the
Assembly suc^h privi ledges, as they have hitherto enjoyed and which has
never l)een disputed. But if his Excellency will not permitt the Ancient
Lil)erty and Priviledges of this Assembly that in Such case this Com-
mitte is of Opinion rather than to prejudice or retard the Business of
this Session (untill his Majesty's pleasure be know^i) to admitt of the
said Officers appointed by the Governour, saving to this House their
Anc*ient Rights and Priviledges.

The Answer to the Governour's Speech being fairly transcribed was
read and examined.

Resolved This House wait on his Excellency the Governour therewith
on Monday next.

Adjourned to 9 a Clock on Monday morning

Monday July 9*^

The House met pursuant to Adjournment.

And there appeared M' John Mann Member for Curratuck, who took
the Oath and Subscribed the Declaration by I^aw appointed for his
Qualification.

\

COLONIAL RECORDS. 577

To His Excell' the Gov' and Council

It being represented to this House by the Members from divers parts
of the province, that the publick Roads and Bridges in General are much
out of Repair, whereby the travelling to the General Court and Assem-
bly is rendered very difficult.

This House humbly requests his Excellency that he will be pleased
to direct the Magistrates in the Several precincts to take effectual care
that the Roads & Bridges be forthwith repaired, and Ferrys duly kept,
and that the same be constantly Kept So, and that upon any failure of
the Overseer or people, who are to labour on the said Roads, the Jus-
tices do see that the Laws relating to Roads, Bridges and Ferrys be put
in force and all Delinquents duly fined.

By Order
A. WILLIAMS C"^. Gen'. Assembly.

Sent by M' Jno. Sawyer and
M' Ch« Denman

Which was returned with the following Endorsem** Viz* Read and
Concurred with in the Upper House.

By Order

R* FORSTER C^ Upper House.

In the Months of November January and February last I travelled
thro most of the precincts in this Government and to my great satisfac-
tion found much labour had been bestowed the last Year in making New
Roads and repairing the old and that the roads were in very good Con-
dition, abundance of Bridges having been newly made therefore I desire
to be informed in what part of the province the bad Roads mentioned
in Your Message are, that I may know what Magistrates, I shall have
Occasion to write to for performing what you desire On this subject.

GEO: BURRINGTON.

To HIS EXGELI/ THE GoV AND COUNCIL

The old paper Currancy which was brought in and accounted for at
the Assembly held in April 1731 being Carefully Sealed up and lodged
in the Hands of the Publick Treasurer Voted. That the same be brought
and layed before the Assembly tomorrow in order that the same may
be destroyed.

Sent to the Gov' and Council for Concurranoe.

By Order

A WILLIAMS O^ Gen» Assembly.
By M' Jn* Sawyer &

M' Ch« Sawyer 73

578 CX)LONIAL RECORDS.

To HIS EXCELI/ THE GoV' AND COUNCII..

Col* Thomas Swann Treasurer of Pasquotank and Col*' Thomas Pol-
lock Treasurer of Bertie being dedd this House recommends unto his
Excellency the Governour and Council M' James Lockheart to be Treas-
urer of Bertie and M' John Solley to be Treasurer of Pasquotank.
Sent to the Gov' and Council for Concurrence.

By Order
By M' Jn- Sawyer & ^ WILLIAMS O^ Gen> A««.mbly

M' Ch« Sawyer

Sent to the Gov' and Council the Vote of this House of July the 5^
concerning the Powder Receivers.
By M' Jn* Sawyer &
M' Ch« Sawyer

The House taking into Consideration the great Increase of Vermin.

Ordered that Doc* Patrick Maul M' Zebulun Clayton and M' Gabriel
Bumham be a Committe to prepare a Bill for the Destruction of Ver-
min and that the same be laid before the House on Wednesday next.

To HIS EXCELI/ THE GoV' AND COUNCIL.

This House taking into Consideration the Affair of the New precincts
lately Erected. This House desires to have a Conference with his Ex-
cellency and the Council concerning the same.

By Order
Sent by M' Geo. Winn ^- WILLIAMS C^ Gen> Assembly

M' W» Kinchen

Read the petition of the Inhabitants of Bear River and the lower
parts of Neuse River praying to be Erected into a New precinct.

Ordered. The same to lye on the Table for the Consideration of the
House

Received the following Message from the Upper House concerning the
petition of Thomas Murphy.

M' Speaker and Gent* of the Gen* Assembly.

It is the opinion of this House that the Subject Matter of the said
petition (if not to be provided for by a special Law for that purpose)
may more properly be recommended to the precinct Court to be r^ulated,
as the opinion of the General Assembly with which this House is ready
to concurr, By Order

R. FORSTER C* of y* up' House,

COLONIAL RECORDS. 579

To THE HONO**** THE COUNCIL.

This House cx>ncurs with Your Message oonoerning the Ferry at
Murphy's.

Voted That the same be referred to the precinc^t Court of Craven
and that the said Court do r^ulate the same agreeable to the Vote of
this Assembly.

Sent to the Upper House for Concurranoe

By Order

A. WILLIAMS C^ Gen» Assembly.
By M' Art' Williams &

M' Isac Hill

M' John Etheridge & M' Stephen Williams Members for Curratuck
appeared who took the Oaths and Subscribed the Declaration by Law
appointed for their Qualification.

Received from the Upper House the Vote of this House concerning
the Repairs of the publick Buildings &c. together with the followfng
Message (Vizt)

M' Speaker and Gentl. of the Gen* Assembly.

This House is ready to concur with the within Vote provided a cer-
tain Sum be Sett or mentioned to limitt the Commissioners in their Draft,
and that they render A(!Counts to the Greneral Assembly of the Expences.
This House likewise recommends to the Consideration of the General
Aasenibly that they would include the Repairs and Care of the Goal in

the same Vote.

By Order

R. FORSTER O^ of y* Upper House.

This House agrees with the Upper House that the Commissioners be
limitted to the Sum of Two hundred pounds for repairing and fitting the
Council House the Assembly House and for repairing fitting and enlarg-
ing the Goal, and that the Commissioners do render an accx>unt of the
expences to the Greneral Assembly.

By Order

A. WILLIAMS a^ Gen» Assembly.
Sent by M' Handoock &

M' Jones.

Received from the Upper House the Message of this House concem-
ino^ the Recommendation of the two persons to be Treasurers in the
Room of the deceased which was endorsed as followeth Viz*

580 COLONIAL RECOED8.

M' Spk4lker and Gentl. of the Gen^ Assembly.

This House proposes M' John Paliu in the Koom of M' Jciin Solley
named by your House for Treasurer of Pasquotank which if agreed to,
this House will ooncurr with the Vote.

By Order

R. FOR8TER C^ up' House.

Which was sent back to the Upper House thus Endorsed (Viz*)
This House ooncurrs therewith.

By Order
Sent b M' Mann & ^' WILLIAMS C^ Gen» Assembly.

M' Etheridge

The House this day aecorduig to Order took into Consideration the
petition of the Inhabitants of the district between Terrapine Hill and
Arkills Bridge. And the House having heard M' Edmond Grale thereon,
wiio had Notice to attend. It is the opinion of the House that the
p'cinct Court of Chowan had no power to excuse the said M' Gale and
others from Working on the Road from Terrapine Hill to Arkills
Bridge.

Voted. The same be referred to the precinct Court of Chowan who
are hereby directed to see that the said M' Eidmond Gale and others do
w6rk on the Road aforesaid.

Sent to the Upper House for Concurranoe

By Order

By M' Williams & ^- WILLIAMS C* Gen' Assembly.

M' Morse

This House understanding that the Council is adjourned.
Resolved. That this House will wait on his Excellency the Gov' with
the Answer to his Speech to Morrow Morning.
Adjourned to 9 a Clock to Morrow Morning.

Tuesday July y* 10"».

Met according to Adjournment.

A Bill for an Act intituled an Act to repeal the Act of Assembly

entituled an Act for raising a publick Magazine of Ammunition upon

the Tonnage of all Vessells trading to this Government, passed at the

Biennial Assemblv in the Year 1715. Read in the House the first time

and pass'd.

A. WILLIAMS 0>^ Gen> Assembly,

Sent to the Upper House by M' Porter &

M' Westbeer

COLONIAL RECORDS. 581

CoP Henry Bonner and Cap* William Downing were sent by this
House to his Excellency the Governour to lett him know the House was
ready to wait on him with an Address in answer to his Speech. They
reported to the House that his Excellency said he would receive the
House in the Council Chaml)er to Morrow at 12 a Clock,

The Vote of this House concerning the Destroying of the old paper
Currency was returned from the Upper House with the following Entrys
and Resolves thefeon.

Read and Concurred with in the Upper House.

By Order
R. FORSTER C^ of the Upper House.

I concurr provided two (or more) Members of the Council Ire present
to take an account of the Bills and see them destroyed.

GEO: BURRINGTON.

Resolved. That the same \ye sent down to the General Assembly and
that John Baptisti Ash and John Ijovick Esq" Meml)ers of this House
be present to see the said Bills destroyed.

By Order
R. FORSTER O* of y- up' House.

Received the Vote of this House in Concurrance with the up|)er
House respecting the Ferry at Murphy's with the Following Entry from
the Governour.

I am of Opinion M' Muphy's Ferry and Martin Franks Ferry are
lx>th very usefull and therefore neither ought to be supprest.

GEO: BURRINGTON.

Adjourned to 9 a Clock to morrow Morning.

Wednesday July y* 11***

Met pursuant to Adjournment

A Bill for an Act entituled An Act to repeal the Act of Assembly
entituled an Act for raising a publick Magazine of Ammunition upon
the Tonnage of all Vessels trading to this Grovernment past at the Bien-
nial Assembly in the Year 1715. Read the second time and past.

Sent to the Upper House by Col® Bonner &

Cap* Downing

The House apiK>inted 1^' Speaker M' Porter M' Downing M' Caste-
law Doct' Maul to speak on the Conference with the Upper House of the
Subjectt Matter of the rfew precincts and that any other Member may

582 COLONIAL RECORDS.

Speak as he shall See Oocasion : That the said Managers of the Con-
ferrence shall be guided by the Report of the Committe agreed to by this
House.

Received the following Message from the Governour.

I am of opinion that New precinct Treasurers ought not to be
appointed in the places of those lately deceased before the King's pleas-
ure is known in Respect to the Bills issued in the Year 1729.

GEO: BURRINGTON.

Received from the Upper House the Votes &c of this House concern-
ing the publick Buildings with the following Entries thereon. Vizt.
Read in the Upper House and Concurred with.

By Order
R. FORSTER C^ of y* up' House.

I consent to sign a Warrant for the Sum mentioned to be laid out in
Repairing the Council House Court House and Goal and if you think
proper to allow a Sallary for taking care of those Edifices I concurr
therewith and will appoint a proper Person for that Service.

GEO: BURRINGTON.

Received from the Upper House the Bill for an Act entituled an Act
to repeal the Act of Assembly entituled an Act for raising a publick
Magazine of Amunition upon the Tonnage of all Vessels trading to this
Government past at the Biennial Assembly in the Year 1715.

July y* 11«»

Read in the Upper House a Second time and pass'd.

By Order

R. FORSTER O^ up' House.

Received from the upper House the Message of this House concerning
a Conferrence about the New precincts with the following Entries thei^eon
(Vizt.)

Read in the Upper House and ooncurr'd with and agreed that a Con-
ference be held thereon to Morrow Morning. Resolved that his Excel-
lency have Notice of this Conferranoe.

By Order.

R. FORSTER O"" upp' House.

The Members of his Majesty's Council I deem to be sufficient to hold

the intended Conferrance concerning the New p'cincts therefore have no

Intention to be present.

GEO: BURRINGTON.

COIX)NIAL REOORPS. 583

This House awxmling to his Excellency's directions waited on him in
the Council Chamber this day at noon, where the Address in Answer to
his Excellency's Speech was read and delivered to him after which his
Excellency retired.

And then this House proceeded to a Conferrence with the upper House
concerning the New Precincts.

The House returned from the Conferrence with the Council and M'
Speaker reported to the House.

That on the said Conferrence it appeared to be the Sense and Opinion
of the Council and this House that the Several precincts should be
ascertained, in Order that at the next biennial Election they should
return Members to serve in that Assembly.

This House concurrs with the Report.

Vot«l That the precinct of Iklgecombe to be bounded by the Country
Line and Roanoak or Morattock River to the Rainbow Bank from thence
to Shall Send Meml)er8 to Serve in the next biennial Assembly.

Received from the Upper House the Vote of this House concerning
Powder Receivers with the following Entries thereon Vizt.

Read and Concurred with in the Upper House.

By Order

R. FORSTER C?^ up' House.

The Council and General Assembly ought to address me to give Orders

to the several Receivers of the Powder Money (if they desire to inspect

their Accounts) to attend at a time appointed for that purpose, and not to

Vote it should be done.

GEO: BURRINGTON.

The Publick Treasurer according to Order lay'd on the Table the Box
Containing £9555.2.6 old paper Currancy that was lodged with him at
the Assembly in April 1731 Jn* Baptisti Ash and John Lovick Esc}"
Members of the Council who were present at the Sealing of the said Box
at the Assembly in April 1731 came from the Upper House and they
together with the Members of this House carefully examined the said
which was found Corded and Seale<l in the same Manner it was when
Uxlged in the Treasurers Hands.

Thereujxm aci*ording to the Directions of his Excellency the Gov-
ernour, Council and Assembly the same Paper Currancy was publickly
burnt and destroyed in the Street between the Couil; House and Council
House Several Members of the Council Most of the Members of this
House and divers other persons l)eing present.

584 COLONIAL RECORDS.

M' John Lakey Member for Bath Town apjx^red who took the Oaths,
SiibK^ribed the Declaration by Law ap]K)inted for his Qualification.

A Bill for an Act entituledan Act to prevent the Annoying or stopping
up of Harbours, Rivers or Navigable Creeks in this Province.

Read in the Lofwer House the first time and past with Amendments.

A. WILLIAMS Clk Gen^ Assem^^
Sent to the upper House by M' Etheridge &

M' Skinner.

Adjourned to 9 a Clock to Morrow Morning.

Thursday July y* 12"*

The House mett according to adjournment.

Ordered That the thanks of this House be given to the Reverend M'
Boyd for his Sermon preached before the House this Day.

Voted That the Sum of ten pounds be paid out of the publick Treas-
ury to the Reverend M' Boyd for his Sermon preached before the As-
sembly this Day. And that his Excellency the Governour be desired to
issue his Warrant for Payment of the Same.

Ordered the Same be Sent to the Upper House for Concurranoe,

Reported from the Committe of Propositions and Grievances.

That the Roister of Writings for Beaufort and Hyde p'cinct« one
Benjamin Peyton hath possessed himself of the Writings and books be-
longing to that Office pretending a Commission from the Governour for
the same and hath carried them from Bath Town contrary to an Order
of that Court, which forbid the moving them from Town and that it is
much to be feared by the Magistrates and Inhabitants of those precincts
that the same may be imbezelled by the said Peyton he being a Person
of 111 Fame and Character.

It is the Opinion of this Committe that the Assembly do address his
Excellency the Governour that if he has granted such a Commission he
would be pleased to recall it and that he would direct the Books and
Papers belonging to that Office may be Kept at Bath Town as by Law
it is provided they should be.

This House concurrs with the Report of the Committe. Divers of
the Members of this Assembly very well remembring that the said Pey-
ton when he was formerly Marshal of Bath County attended this House
at the Assembly begun in April 1731 when it appeared to the Members^
divers whereof are now present, that he had era?jed or caused to be erased
the name of a person duly chosen and returned for Newburn Town and
incerted or caused to be inoerted another Person not duly chosen.

CX)LONIAL RECORDS. 585

The House concurred therewith and Ordered to be sent to the upper
House for Concurrence.

Reported from the Committe of Propositions and Grievances that the
Committe have had several Complaints lay'd before them, and sundry
Petitions from divers Inhabitants setting forth that divers free People
Negrc(8 and Mullatos residing in this Province were taken up by the
Directions of Thomas Bryant James Thomson Benjamin Hill John Ed-
wards Thomas Kernev and William Lattimore of Bertie Precinct Ben-
jamin Peyton and Robert Peyton of Bath County Justices of the Peace
and others, and by those Justices of the Peace bound out untill they
came to 31 years of Age contrary to the consent of the parties bound out.

The said Committe further Report that these practices are well known
to divers of the said Committe and that they fear that divers persons
will desert the settlement of those parts fearing to l)e used in like Man-
ner so unlawfully.

It is therefore humbly recommended by the said Committe that a
Vote pass this House declaring the Illegality of such a Practice, and that
all such Persons so taken from their Parents or Guardians be returned
to their Respective Parents or to those under whose Care they were and
that those Magistrates who have bound out such persons, and thase to
whom they have been bound do attend at the next biennial Assembly to
answer for such their Doings. With which Report the House concurred
and ordered the same to be sent to the Upper House for Concurrence.

The Bill for repealing the powder Ai't was read the 3** time and
passM.

Sent to the Upper House by M' Smith <fe

M' Skinner

Received from the upper House the Bill for Repeal of the powder
Act. Endorsed, tlead the third time in the upper House and pass'd.

Ordered The same be Engrossed

A Petition of William Little Esq' Chief Justice directed to the Gov-
ernour and Council was sent from the Council to this House.

Ordered that the same lye on the Table for the Consideration of the
House.

The following Address was sent to his Excellency the Governour.

To HIS Excellency the Governour.

When this House pass*d a Vote July y* b^ 1733 that the Several
powder Receivers should lay their Accounts before this Assembly by the
11^^ of the Month and sent the same to your Excellency and the Coun-

74

586 COLONIAL RECORDS.

cil for Concuiranoe We received the same Vote concurred with in the
Upper House, but to our Great Surprize instead of receiving your Ex-
cellency's Consent Yon are pleased to Send the following Message Viz*.

The Council or General Assembly ought to address Me to give
Orders to the Several Receivers of the powder Money (if they desire to
inspect their Accounts) to attend at a time appointed for that purpose
and not to Vote it should be done.

We humbly b^ leave to remind your Excellency at the same Session
of Assembly in 1715 when the Act was pass'd for raising a Magazine of
Ammunition on the Tonnage of Vessels, an Act also pass'd entituled
Public Treasurers to give Account, wherein it is expressly provided that
all persons whatsoever within this province (be they of what Quality or
Condition Soever) that formerly have l)een now are or hereafter shall be
Treasurers, Collectors or Receivers of Publick Moneys, now raised or
hereafter to be raised ^by the Authority of the General Assembly, or
who by any Ways or means have are or shall for the future be possessed
of the same or any part thereof shall from time to time and at all times
be hereafter accountable to the Greneral Assembly or to such Commis-
sioners as shall or may be appointed by the Authority of the Same and
to no other person or persons whatsoever.

Wherefore we think this Assembly has not proceeded otherwise than
agreeable to that law, but whether the Vote of the House concurred with
by the Council is with a Design to inspect only, or for other purposes,
We think the Assembly ought to have those Accounts laid before them,
and that without Delay Because We have great Reason to believe that
Money is in very unsafe Hands and may be lost.

And that We may discharge the Trust reposed in Us as Representa-
tives of the People We desire Your Excellency to let Us Know who are
the Receivers of the powder Money, by whom and when appointed, and
what Security they have given for the faithfull Discharge of their OflSces.
For those formerly appointed by the Assembly (Some of whom We
understand Your Excellency has been pleased to displace) gave very
good and satisfactory Security, and duly accounted with the Assembly
and paid to the Assembly the Moneys due or those Accounts agreeable to
the Law before recited.

By Order

JN« LEAHY D 0\
Sent by Maj' Turner A

M' Smith
Adjourned till to morrow Morning 9 of the Clock.

CX)LONIAL RECORDS. 587

Friday July ISf^

Met according to Adjournment.

Received a Message from the Clark in these Words.

M' Speaker and Gentlemen,

My Health will not permitt Me to wait on the House, I should l)o
very much obliged to any Member that would be so good to take the
Minutes and am Gent*

Your most humble Servant

A. WILLIAMS.
Julyy- n"^ 1733.

Read the petition of William Little Chief Justice which was sent
from the Upper House July y* 12* In these Words.

N* Carolina — ss.

To his Excell' George Burrington Esq' Cap* Gener* and Gov' in Chief.
And the Hono**^ the Council now Sitting in Assembly.

The Petition of William Little Chief Justice

May it please Y' Exceli/ & this mono"* Board.

In the Address of the Lower House of Assembly to the Governour's
Speech I find myself named in a Manner I think very unjust and inju-
rious to my Character.

Among their pretended Grievances they have Charged me in the Office
of Chief Justice and the Assistant Justices with Pervertion of Jus-
tice, such a Charge I conceive ought not to have been made without
giving some Instance of it, but that they have not pretended to do, for
Reasons I submit.

As the Charge is great, so in Justice ought the proof to be. Instead of
that there is none, only some persons Undertook (as I am told) of their
Own Knowledge to make it good as th5 it was not necessary that some-
thing should be made appear to that HoiLse before that could justly pass
such a grievous Censure, this must be allowed a very fallacious way to
build so weighty a Charge upon, had I ever took such a Latitude in
judging I might justly have been accuseil of Oppression and pervertion of
Justice.

There was an attempt something like this against me at a former As-
sembly when I was Attorney General (by the same Men too that stirred
up this) when an Artifice was used to prevent my then clearing it.
In hopes something might stick by the bare Charge, for sometime at least

588 (COLONIAL RECORDS.

for the next Assembly I was acquitted by the Journals of the House,
and made the Falshbod of it apparent and yet without taking Notice of
that, I am told that this Aocusation was the principal thing repeated and
urged now against me in the Debate of the House upon the present
Charge, and tho this is a Charge against me as Chief Justice.

Therefore I b^ that this Accusation of the House may not be permit-
ted now to pass over without being enquired into, that it may seen how
utterly groundless the Complaint is.

I am sensible this Board as an Upper House will not erect and as-
sume to themselves a Judicial power of trying Causes or Convicting
Offenders, nor do I know any Instance of such Tryalls, Once Indeed the
House here took upon them to impeach two Great peers of the Land, but
that I believe will not be thought a preceedent. But if the Board cannot
proceed in it as a Court, Yet as Grovernour and Council they have power
to examine into the Conduct and Behaviour of Officers, and to remove,
Suspend, condemn or Censure a Chief Justice or any other Officer thaf
truly meritts it, as I hope they will take Occasion to shew.

For my part if this Charge against me be thought true I ffreely own I
ought to be removed, I therefore b^ a Day may be appointed for hear-
ing it, and that I may have timely Notice of the particular Facts, If
they have any to charge against Me and that the House may be directed
to make good their Complaint which now being only a Charge in Gen-
eral can be only in as Greneral Terms be deny'd, which I do in the most
Solemn Manner and with a Confidence usuall to Innocence.

To he arraign'd on the Seat of Justice, is what I thought even Envy
would not attempt against me, having acted with all good Conscience as
my own Heart assures Me, and I am at a loss how such a Charge oould
possibly be framed against Me I have been recollecting but cannot
make my Self Sensible of having committed One material Fault in the
Station much less am I conscious of anything in the least that can mer-
ritt the Name of perverting Justice, which my Soul abhorrs with the
utmost Disdain, and could anythingjike it be made appear I shall be con-
tent to stand condemned for Ever. But if they &il in making Good
this Charge, as I know assuredly they must, what Recompence, what
Reparation can I have.

Bodies of Men have a priviledge, that when refuted, none takes it,
nor can they be called to an Account but in all Justice, the more tenderly
then should they use their Power without partiality and without pre-
judging.

I am not insensible the Secret Spring these Reports rise from and

CX)LONIAL RECORDS. 589

oould tausily retort So as might take off all Edge from this Charge but
shall waive it, I will shunn everything that may look like bringing a
railing Accusation or Recriminating. Since I know my own Innocence
I shall the more easily keep Temper and Decency especially to the Wor-
shipfull the House that have now espoused the Cause. But the Gentle-
men that have been thus unhappily led to Censure, and condemn me
unheard, or without one Proof or Instance of any Corrupt Judgment or
Injustice I have done in the Office, must give Me Leave to think I have
had exceeding hard Measure, God Send it may never be measured back
to the Contrivers of it, I thank God I have not done so by any Man
but in everything before Me have at all times Judged impartially, so
may God judge me and them at last.

But perhaps the Gent' may intend by my perverting Justice only the
Crime of taking ffees in Bills at four for One, if that be all that is
meant, I shall have very little to say to it, I therefore entreat the House
may be more particular in Stating Facts, and those that concern Me in
particular, and as they have been pleased thus to single out my Name,
that they will please to let me stand Single in my Defence.

As to the taking exorbitant Fees so much Complained off in the
Address, for my part I most Solemnly aver that I never taxed nor took
myself any other than by the Table of Fees the Law hath appointed,
nor have I ever insisted that they should be paid in Money, but was
always ready to receive them in any of the rated Commodities of the
Country as they are ratod by Law, of which there are one and twenty
Several Species of the produce of the Country, so the Oppression could
not be so violent as is pretended. Nay I should say have been content to
receive them even in Pitch & Tarr nor should have Ventured to refuse
what the Law has provided.

When the ffees have been paid in Bills, as people choose to do at four
for One as an fxjuivalent rather than Money I have taken care they
should be received at no higher Advance than four for One, tho I am
told others design to take six for One, and if four for one be thought
too high and I have Committed an Error in it I am not alone (tho I
only am personally named) if it be a Crime no doubt the Assembly will
Vote it illegal to receive them So, and that will affect all without con-
demning it in one and not in Another. It is well known the ffees are
taken so in the precinct Courts as well as in the General Court which
the Country in all parts is Sensible off, and which their principals are
most agrieved at, tho the House hath not mentioned them, for my part
it was not I that b^an it, the practice was establishe<l liefore my time,

590 COLONIAL RECORDS.

M' Chief Justice Smith and the other Of&cers took them no, but if the
House intends Me the Honour of setting me at the Head of the Charge,
I shall b^ leave to decline it.

I intendeil soon to have quitted the place, nor was I ever fond of the
OflSce of Chief Justice, it was not my Seeking; but it was the pleasure
of the Gov' and Council, Nay I may say by his Excellency's Com-
mand tliat I took it, and tho tliey would now endeavour to wound the
Governour for it through Me I have the pleasure to think I liave done
no Dishonour to the Appointment, further Modesty forbids me to say.

I have been for sc^me time determined to retire from all Publick Busi-
ness, that I may (if it shall please God) recover from my long Illness I
have undergon I shall not therefore Undertake the Defence of tlie
Cause, but shall choose to leave the Charge to my Successor be it M'
Smith or any other, who no doubt will soon make the people easy in the
Matter.

I shall therefore conclude with importunately repeating my prayer,
that if the House has anything to alledge on any other head than that of
four for One, they may assign the particulars and that a day may be
appointed for hearing it before this Board. This Hono"* Board where
tho I have often appeared for Favour to others (as my Accusers may
Know) yet for myself I ask none, only for Justice to my injured Cliar-
acter, and I do not in the least doubt it from this Honorable House,
who are not to be led away with Heats and Clamour, Prejudice, Passion
or private Pique.

To Your Excell^ therefore and your Hon" I most humbly but most

chearfully Submit myself and my Cause.

And shall ever remain in all Duty &c.

W. LITTLE.
July 12*^ 1733.

Ordered. That M' James Castelaw M' William Downing M' Isaac
Hill M' Arthur Williams M' Charles Westbeer Doct' Patrick Maul and
M' John Swann be a Committee to consider the petition of M' William
Little and that they Report to the House their opinion concerning the
same.

The vote of the House concerning the practices of the Justices and
others in Bertie precinct and other places concerning the taking up and
binding out Divers Free people contrary to their Will sent to the Upper
House for Concurrance.

Also the Bill for Enlarging the Jurisdiction of the precinc*t Courts.

COLONIAL RECX)RDS. 591

Also the Bill to prevent Damages done to the Harbours.

Sent to the Upper House by M' I^eahy &

M' Handoock

The Vote of the House concerning the Writings belonging to the Ro-
isters OiBce of Beaufort and Hyde precincts sent to the Upper House for
Concurrance. Also the Vote for £10 to be paid to the Reverend M'
Boyd.

By M' Wicker &
M' Cogdal.

The House being Sensible that M' Mackey the Marshal has received
four times more fFees than by Law appointed, It was moved and voted
that M' Mackey do attend and give Account by whose directions he
received such fFees ; He attended and answered that the ffees he takes on
Executions Granted from the General Court, those Executions direct him
to take Proclamation Money or an Equivalent in Bills at four for One
That the others Fees he takes without Exetmtion, he has taken the same
by M' Halton his Principal's Directions and that he constantly accounted
with M' Halton for one half thereof.

The House being made sensible that Edmond Gale Esq' who acted as
Deputy Collet^tor and for Naval Officer on his Excellency's Arrival in
this Government did put in practice the taking four times the fFees by
Law appointed for those Offices. Voted the said M' Exlmond Gale be
desired to attend this House to decJare bv whos(» Advice and Directions
he tiK)k and rectMved those large fFees.

He attende<l and was asked the Question, who answered that it was by
the Governour's Directions, He applyed to M' Speaker who he said was
by when he was directed, which M' Sjieakcr confirni'd.

M' Forster Deputy Secretary and Clark to the Council was directed to
attend and the like Question lx»ing put to him he declared he wiw so
directed bv the Governour.

M' Little the Chief Justice was likewise direc-ted to attend, and the
like Question being put to him, he acknowledged he had directed the
Officers by Executions to receive Proclamation Money or an Equivalent
at four for One, the Question was repeated, in in particular whether he
had not been advised and directed bv the Governour to take such fFees,
he gave in the following Answer in writing and declined to answer further.

This House having made a Charge against me, and I have petitioned
a Day to be assigned to make Good the Charge, and I conceive this Ques-
tion affects that Charge and may be leading before the Tryal, and besides
I think it must be a great Reflection to think I have done things on the

592 COLONIAIi RECORDS.

Seat of Justice by the direction or bidding of any Man I therefore pray
the House would not use the Question to me, had they done it before
they pass'd their Censure I should have been glad to have l)een heard.
Adjourned to 3 of the Clock afternoon.

Met according to adjournment.

M' Church the Powder Receiver of Curratuck being removed out of
the Province, his Accounts sworn to before M' Etheridge was produced
at the Table.

Ordered That they remain among the papers of this House to be
further Considered when the other Powder Receivers Accounts are laid
before the House.

Read the Petition of the Upi)er Inhabitants of the N* side of Pamp-
tico River praying to 1)C exempt from the pamptico Road and that they
be ordered to make a New Road from Tranters Creek toward Morattock.

Oixlered That the Consideration of the said Petition be referred to the
next Assembly and that in the Mean time Notice be given of this peti-
tion to the Iiower Inhabitants of Pamptico River working on pamptico
Road.

Sent the following Measage to his Exce"^ the Gov'

May it Please Youu Excellency.

This House yesterday desired Your Excellency to let this Assembly
know who are the Receivers of the Powder Money, by whom and when
appointed, and what Stxiurity they have given ; We Repeat our request to
Your Exce% and that the Bonds (if any) be forthwith lodged in the
Secretary's Office, We are the more Importunate because if it shall
appear that some of the Securities are Insufficient, as We have some
Reason to suspect they are, this House in Conjunction with your Excel-
lency and the Council may pass an Order for taking these Powder Re-
ceivers into Custody untill Satisfactory Secnirity be given and accounts

duly made up.

By Order

MOSELEY VAIL pro C^

Sent by M' Porter &

»

Col^ Bonner.
Received the following Message from the Upper House

M' Speaker and Gent* of the Gen* Assembly.

As to the Message touching the Report of the Committe relating to
the practice of binding out free Negroes and Molattos 'till they come to
31 Years of Age contrary to the Assent of the parties and to Law.

COLONIAL RECORDS. 593

This House are of Opinion that the Justices of the Peace that have
so acted may be ordered to attend the Assembly this Session if time will
admitt, if not, that then it be recommended to the next Biennial in
Order that such an Illegal practice may be exploded. In the Mean
time this House are ready to concurr with the General Assemby in earn-
estly recommending the Matter to the Courts of Law, So that Speedy
Justice may be done and that the parties Injured may have Relief.

By Order.

R. FORSTER C"' upp' House.

This House ooncurrs therewith.

Ordered. That the Justices of those precincts do take Care that Relief
be given the Parties injured, and that the Parties concerned do attend at
the next Assembly, and that the Representatives of Bertie and Beaufort
Precincts do cause Copies of those Votes to be delivered to the Justices
at the next precinct Court that Justice may be done.

Received the following Message from his ExcelK the Gov'.

The time has not been sufficient for Me to do all that you desired in
Your Message of Yesterday; the Respective Naval Officers are the Re-
ceivers of the Powder Money in all the Ports of this Government, their
Securities are in the Secretary's Office, if they are not thought sufficient,
or if any likelyhood appears of Ix)8s to the publick, I am willing to use
any means for Prevention.

The Dates of their Commissions I Know not.

GEO: BURRINGTON.

The House sent to M' Forster the Deputy Secretary to desire that
those Bonds may be laid before the House for their Inspection.

Accordingly he produced M' Halton's Bond for port Brunswick M'
W" Little and M' Rob* Forster as Securities. M' AylifFe Williams
Bond for Port Roanoak M' Geo: Martin Security these two Bonds is
£500 each Currant Money M' James Winright's Bond for port Beaufort,
M' Rich* Rustul and M' William Badham as Securities in £500 Ster-
ling, but for port Bath the Deputy Secretary said he had no Bond.

Ordered. That Copies of the above mentioned Bonds be taken and
lodged among the pai)ers of this House, and the Bonds be returned into
the Secretary's Office.

Sent the following Message to his Excell^ the Gov'

May it pl£as£ Your Excbll^

By the Directions of this House M' Forster the Deputy Secretary

attended with the powder Receivers Bonds and on Examining him We
76

594

COIX)NIAL RECORDS.

find the Bonds for Port Beaufort hath two Securities in £500 Sterlinj^j,
the Bonds for Port Brunswick and Port Roanoak are for £500 Currant
Money and the last but One Security, but for Port Bath he had no
Bond.

We think it was a ^reat Omission that the Bonds for Port Roanoak
and Port Brunswick were not for Sterling Money as well as Port Beau-
fort and We think there ought to be two Securities for Port Roanoak,
both which Omissions We hope Your Excellency will cause to be recti-
fyed.

And as there appears no Bond for Port Bath We desire Your Excel-
lency to Send Your Wan^ant to bring the Powder Receiver for Port
Bath before You and that he be committed to Safe Custody untill he
give Bond in £500 Sterling with two sufficient Securities for the faith-
full Discharge of that Office and to render just and true Accounts thereof
according to the Law of this Province.

By Order

MOSELEY VAIL D C*.

Received the following Message from the upper House.

M' Speaker and Gent* op the Gen' Assembly.

This House having yours relating to M' Peyton and the R^istry of
Beaufort and Hyde under their Consideration are desirous you would
lett them have Evidence which has been produced to you of the Fact.

By Order.

R. FORSTER O^ up' House

Received the following Message from his Excell^ the Gov'
The Vote of your House passed the 5**" of this Month that the Re-
ceivers of the Powder Money should lay their Accounts before the As-
sembly on the Eleventh was irregular and impracticable Irregular be-
cause you ought first to have applyed to Me to give those Officers Orders
to produce their Accounts to be laid before You for Inspection. Imprac-
ticable because some of the Receivers live at so great Distances from
this Place, that it was not possible for me to give them so much as No-
tice of your Vote, which came not to my Hand before the 10** Day of
this Month.

The Answer I returned to your Vote on this Occasion was such as I
ought by my Instructions to give; Your House has no Power to call
for any Accounts but by Application first made to Your Governour.

COLONIAL RECORDS. 595

If the Kings Instructions are oontrary to some Laws of this Province,
the Governour must act in Obedience to the Kings Commands, therefore
you must not be Surprized that whatever Your Law directs contrary to
mv Instructions is not taken Notice of Me.

I am very willing to have the Accounts lay'd before your House and

will give Instant Orders that the Powder Receivers be forth coming on

any Day you Desire, but when they were appointed I know not, their

Commissions will shew the time, the Remainder I answered Yesterday

in Return to Your last Message.

GEO: BURRINGTON.

Ordered. That the Consideration thereof be referred until Tuesday
Morning next and that in the meantime His Excellency be desired to let
Us have an Inspection or a Copy of his Commission and those Instruc-
tions which are supposed to be contrary to the Ijaw of this Province.

Sent the following Message to his Excellency the Gov'

«

May it please your Excellency.

By your Excellency's last Message to this House in Relation to the
Powder Receivers You are pleased to say. "If the Kings Instructions
"are contrary to some Laws of this Province, the Governour must Act
"in Ol>edience to the Kings Commands, therefore you must not be sur-
" prized, that whatever your Law directs contrary to my Instructions
" is not taken Notice of by Me.

We desire your Excellency will be pleased to lett this House have a
sight of your Commission or a Copy thereof, as also of such Instructions
as Your Excellency thinks are contrary to our I^aws, because this House
has Voted to take your last Message before mentioned into their Con-
sideration on Tuesday next.

By Order.

MOSELEY VAIL D Clk.
JulyyM4*»» 1733.

Sent the following Message to the Upper House.

When this House sent the Bill relating to prec*inct Courts with the
Clause relating to the Apjwintment of Justices for the pretnncts which
We find you have left out. That Clause was proposed as the best Ex-
j)ediment to prevent so many Evil Magistrates from being appointed, as
We find there hath been these few years past, Many are the Grievances
complained of by Oppressive Magistrates in Bertie and Beaufort, divers
whereof are persons of very ill Fame and Character an Instance whereof

596 COLONIAL RECORDS.

was by tJiis House laid before You with Respect to M' Benjamin Peyton
of Beaufort Precinct when We sent up the Vote oonoeming the Registr}'
of Writings for that precinct, since that a Discovery has been made to
this House that the said Peyton took Recognizance from ,One William
Larner in a £1000 Sterling with Robert Peyton Sen' and Edward Travis
as Securities each in £500 Sterling for the said Larner's Appearance at
the General Court to answer a Charge made against him for Counter-
feiting the paper Currancy of this Province and since that in the Absence
of the said Larner the said Peyton made no Return of that Recognizance
to the Greneral Court, but of One acknowledged by the said Larner with-
out Sureties, When at the time of his causing that Recognizance to be
wrote the said Larner was out of the province #
Sent by M' Burnham &
M* Sawyer

Received the following Message from his Excel 1^ the Gov*

I will send a Copy of Some Instructions that Laws of this Province

are not agreeable to.

GEO: BURRINGTON.
Adjourned 'till Monday Morning.

Monday July y* 16***

Met according to Adjournment.

A Province Bill of Forty Shillings belonging to Humphry Smith of
Craven precinct was produced to this House defaced by falling into a
pot of Soap So as not to be l^ible, of which proof has been made on
Oath before a Magistrate.

Voted Tliat the Treasurer of Craven precinct do Exchange the same.

Sent to the Upper House for Concurrance

By M' Burnham &
M' Sawyer

Voted That M' Speaker Collen Pollock Edniond Porter Esq" Col"
Henry Bonner and M' Charles Westbeer be appointed Commissioners to
be joined by Meml^rs of the Upper House for taking and stating the
Accounts of the Powder Receivers and that tliey or any four of them
make Report of and lay the same before the next Assembly.

The Bill concerning precinct Courts &c. Read a Second Time and past
with Amendments.

Sent to tlie Upper House by M' Burnham &

M' Sawyer.

COLONIAL RECORDS. 697

Received the following Message irom the Gov'

If the Secretary or his Deputy did not take proper Security from the
Receivers of the powder Money according to the Law of this Province
made and provided on that Occasion, the Secretary is answerable for the
Omission.

I am of the same Opinion with your House that the Securities ought
to have been alike for every part, why it is otherwise the Secretary
must account for, nothing shall be wanting on my part to rectify his
Omissions.

How it came to pass that the Receiver of the Powder Money for Port
Bath had the Commission delivered to him before he gave the proper
Security I know not, but as Several Pai)ers of very great Consequence
have been mislaid, lost, or Stolen out of the Secretary's OflBce, I am at
a Ijoss, what to say further, before the Receiver of port Bath is exam-
ined, for my own part I will take the utmost Care the Publick shall
not suffer. My Warrant as you desire shall be issued to bring the said
Receiver forthwith to this Town to be dealt with according to Law

GEO: BURRINGTON.

This House having received the above Message from his Excellency,
It is Ordered that the Secretary have a Copy thereof an<l that he be
desired to give an Answer to so much thereof as concerns him or his
Deputy.

Adjourned to to Morrow Morning 9 of the Clock.

Tuesday July IT^

Met according to Adjournment.

Sent the following Message to the Govern'

May it please Your Excellency,

M' Ayliffe Williams l>eing Commissioned by Your Excellency to
administer the Oaths to the Members of this House, He was sent to Yes-
terday to Administer the Oaths to One of the Members that is not qual-
ifyed to which he returned Answer that he was Sick and could not
attend. The like Message was sent this Day to which he returned the
like Answer.

Your Excellency is desired to ap{)oint Some other Person to adminis-
ter the Oaths, that can attend.

By Order

MOSELEY VAIL D C^.

The Bill concerning Harbours &c. Sent to the Upper House.
By M' Etheridge &
M' Mann

698 COLONIAL RECX)RD8.

Received the following Message from his Excellency the Grovernour.

M' Speaker and Gent* op the Gen* Assembly.

I wish it was possible for Me to return you thanks for your Answer
to the Speech I made at the Opening this Assembly, but as you know it
is not due, nor to be expected, I go on to answer Several Matters and
positions lay'd down in Your Answer for Facts, or Colourable pretexts
why will not pass Acts of Assembly in Obedience to his Majesty's In-
structions.

You say in your Answer that the Assembly in 1731 went as far as it
was possible towards a Compliance with the Royal Instructions concern-
ing Quitt Rents and fFees, tho it is well known that if the Quitt Rents
and flTees were to be paid in the Manner prescribed in the Bill framed for
that purpose by that Assembly they would not amount to One third of
Proclamation Money.

Notwithstanding in the next paragraph you write that upon a due
Enquiry You find that the Assembly did endeavour as near as possible
to comply with the Royal Instructions, and suppose an Impossibility of
paying Rents and ffees in Gold or Silver. But this ought to be supposed
or mentioned to Me because I well know that Six times Cash is every
Year carried out of this Government into Virginia to purchase N^ras
and British Commodities.

The Rents reserved are in Sixpences and Shillings, what Money they
are, and their Value is known even by Boys bred at the Blew-Coat Hos-
pital and in all Equitable Construction ought and must be understood
Sterling Money of Great Britain a rated Commodity or a Bill cannot be
understood by the Laws of England a Lawfull Tender in Satisfaction
for a Debt or Quitt Rent, albeit many knavish and Vile Frauds have
been carryed on in Some Colonies in America under Colour of Law to
enable the Inhabitants to pay their Just Debts at Home with small
Expence.

In opposition to the Hope You have of being able to support your
Opinion that his Majesty's Rents are not due in Sterling Money nor
Even Proclamation, I offer my Self to maintain and prove that the
King's Rents in this Province are due and ought to be paid in Sterling
Money of Great Britain. But his Majesty having been pleased to oflTer
an Acceptance in proclamation Money upon certain Conditions set down
in the 19*** Article of my Instructions and the Assembly having disre-
garded and slighted his Majesty's Favour in that Respect, I am in much
doubt whether anv Al)atement mav lie obtained for the future and believe

COLONIAL RECORDS. 599

the Qiiitt Rents of this Province will be collected in Sterling Money
only.

I admire how it came into Your Thoughts to imagine the ffees paid to
the Collectors and Naval Officers in this Government are larger than in
the Neighbouring Grovernments when the Contrary is So well known for
the largest Vessels that come into this province, the whole amount of the
Collectors ffees do not exceed the Value of Sixteen Shillings Sterling the
like Vessels pay a Moidore in Virginia. The Assembly in the Year
1722 a time when there was no Governour in the province altered by an
Act of Assembly the flfees paid to the Gov' and Naval Officers for Ships
Entering and Clearing before that alteration Each Vessel not lielonging
to the Country paid to the Governour and Naval Officer £1.17.6 Sterling
and You all know as well as my Self that less than the Value of twenty
Shillings Worth of Goods (I mean Sterling) will now pay thase ffiges,
and for that Reason the Assembly in 1731 would not put the ffees of the
Naval Office on the old {Establishment, tho it was proposed to them The
Collectors and Naval Officers have a Right to demand and take their ffees
in Bills at the Rate Set upon them.

What you have wrote in Your Asnwer to my Speech concerning the
Grand Deed is confused and will be unintelligable to all people not Well
versed in the Aifairs of this Country, altho you conceive the Ijords of
Trade have not a Right Information in that matter, I think you are mis-
taken, and to convince the Representatives, I shall cause to I)e read to
them, what I wrote to the Board of Trade about the Grand Deed.

As the Assembly in 1731 would not pass One Bill in Obedience to his
Majesty's Instructions, I saw no Necessity, or even Occasion to call
another before I received Directions from the Lords of Trade to Several
Matters of Great Consequence I laid before them in a letter dated the
1'* of July 1731 their lordships Answer came not to my Hands before
the 26*** of last March ; I was in Expectation of receiving the said
Answer a Year Sooner and therefore deferred calling an Assembly. I
know not any Affiiirs of the Province so urgent to require the meeting
of an Assembly Since the Sitting of th^ last, I have been in every
Precrinct of this Province and have not heard the Complaint of any
Oppression Since I came into North Carolina I must own Abundance
of Men made loud Complaints to Me of Grievous Frauds and Cheats
put upon them by a former Surveyor General and his Deputies, there-
fore I Sincerely desired if I knew how, to Cause Restitution to be made
to these deluded Sufferers.

GOO COLONIAL RECORDS.

If I understand the intended Law in 1729 for enabling Ventries to
build Churches purchase Gleebs and make provision for the Clergy, the
true Meaning of it is, that None of those Good things should be effected.

I cannot think Your House in Earnest in pretending this Country
Suffers by the ffees now taken, because they are not half the Value of
those paid in the Neighbouring Governments.

Your Charge against M' Chief Justice Little and his Assistants ft>r
jKirvertion of Justice, I take to be a Calumny invented by some ill dis-
posed persons, who have ct)nceived a Dislike to him and them for their
Great Abilities and faithful 1 Discharge of their Duties. But if your
House has any Accusation t^) make against those Gentlemen or any other
Officer in this Government I will assign You a day for hearing, and
promise to do all that can lye required of Me, that Justioe may be done
To this Article I require your immediate Answer.

I cannot pass by what You say in Relation to M' Smith without observ-
ing the Contradiction and partiality of your House. M' Little, is aoeused,
as Chief Justice for pervertion of Justice, for no other Reason, that I
can learn, but taking Proclamation Money or an Equivalent for his ffees ;
and M' Smith hath the thanks of your House and is recommended for
his former Int^rity in that Office tho he Sat but one Court, and the
principal Business he did was the Establishing those very ffees in that
Court, which now causes so heavy a Charge against M' Little. You gen-
tlemen are strangers to M' Smith and his Character, which I too well
know, but as I shall be necessitated to be more particular about him in
another place, I shall neither trouble you nor my Self further about him

at present.

GEO: BURRINGTON.

Ordered That M' Smith have a ('opy of so much thereof as Relates
to him and he is desired to give an Answer thereto.

The following is the paper referreil t^) in the Governour's Reply.

The Grand Deed from the Lonls proprietors to the County of Albe-
marle in 16G8 Your lordships Secretary says, can only be Understood
as a Tenii>orary I^etter of Attorney rev(x»l>le at pleasure and that in
Effect it was revoked in an Order to M' Rlen to grant no I^ands under
One penny ^ Acre Quitt Rentes I cannot tell whether Your Lordships
c»onsidered the Copy of the Grand Dec»d in(«rteil in the Journals of the
House of Burgesses, nt)r what Information has been given you of the
supposed Order to Governour Elden, and as it is an Incumbent Duty on
Me truely to represent things, I am under a Necessity of stating that
Affiiir in another Light than Your Lordships seem to apprehend it.

COLONIAL RECORDS. . 601

The Great Deed of Grant from the Lords proprietors to the County
of Albemarle, still carefully preserved, was dated May y* !■* 1668 and
Entered in the publick Records of the Grovernment, being a Grant of So
much Land to any person settling therein, according to the Condition
and tenure of the Grant this hath from time to time been always held
as firm a Grant as the proprietors own Charter from the Crown, and the
people have always claimed it as an undoubted Right, by Virtue of that
Grant upon their complying with the Conditions of it. They plead that
a Charter or Grant from the proprietors to the people of any part of the
Country is as valid as their Grant or Deed to any particular persons
would be and no more revokable, and tho the general Deed is general
without naming any particular persons, yet every particular person full-
filling the Condition Entitles himself then to a part of the Grant, and it
becomes a particular Right, and Title to him, and tho the proprietors
Establishment in point of Government might be revocable. Yet Grants of
Land cannot be revoked. And that the grand Deed has been always looked
upon as a firm and absolute Grant of the I^ands in Albemarle County
(on Condition) they further Evidence by every patent made out since to
each particular person in the County. For this Grant by the Grand
Deed and peoples complying with it is made the Consideration expressed
in each private Grant; the form of the Patents in Albemarle County
running thus. His Excell^ &c. Know Ye that We &o. ac(X)rding to our
Great Deed bearing date the 1** day of May 1668 do give and Grant

Acres Ac, and after the Land is described and bounded it's added,

which is due for the Importation of One person for every fifty Acres &c
which Importation was made a Right and being proved entitled People
to so much Land under the General Grant of the Grand Deed and upon
it a Warrant from the Governour issued to the Surveyor General to
measure and so mucli Ijand where the Claimant laid his Rights (that is
where Ever he chose to have it laid out to liim) and on the Return of
the Survey a Patent was made out for it Still referring to the Grand Deed
(as I just now mentioned) So that the patent is but a Confirmation of their
previous Conditional Right by the Grand Deed, and a Concession of it, and
the people further plead that the Grand Deed is confirmed by a Law of the
Country, still unrepealed among the Body of their laws that establishes the
forms of particular Grants or Patents under the Grand Deed and what Rent
is to be reserved in it. So that by the charter from the Crown to the Pro-
prietors and their Heirs and Assigns and by the Grant from the Proprie-
tors to the County of Albemarle by their Grand Deed on Such Conditions
and Rents Viz* the same as in Virginia (which is two Shillings for every

76

602 COLONIAL RECORDS.

hundred Acres) and this Confirm'd and estabh'shed by a Law Still in
Force, which provides that Patents should issue under the Grand Deed
to Albemarle County, upon those Conditions and on that Rent reserved,
the People still claim it as their undoubted Right in Albemarle County
to take up Land on those Conditions and on that Rent. Upon the whole
they conclude that altho the Grand Deed from the Proprietors to Albe-
marle County was a Grant or Condition to be fulfilled, yet is an absolute
Grant and what waj* never in the Lords Proprietors Power to revoke, if
they had been desirous so to do, but they never did attempt to revoke the
said Grand Deed. And as to the supposed Order to Governour Eden
mentioned by your Lordships Secretary, I am persuaded that Your Lord-
ships have been misinformed in that particular for I can find no such
Order, nor can I learn that Ever such Order came here, but am in the
most positive Manner assured there was not, nor was there Ever any
Grants made at the Rent of One penny p' Acre nor any patents ever
issued at an higher Rent than two Shillings ^ Hundred Acres, which is
the same as the Quitt Rents of Virginia which being made in Tobacco
or Money at the Choice of the Tenants, the People here claim a Right of
paying in the Same Manner, but this AflFair is not Yet come in Debate
because the King's Receiver has not been in this Government, nor any
Quitt Rents collected Since my Arrival.

The Bill relating to precinct Courts came from the Upper House.
Past with Amendments.

Received the following Message from the Governour.

If M' William's Illness continues, another fit Person shall be appointed

to Qualify Your Member.

GEO: BURRINGTON.

M' Secretary by his Deputy M' Forster delivered in the following
Answer to the Request of the House

M' Speaker and Gent* of the Gen* Assembly

In answer to Your Message of yesterday touching the Powder Money
with his Excellency's Answer to your Message to him upon that subjec»t
I take leave to inform you that (the Gov' now Keeping the Seal) Com-
missions do not pass thro' my Office as formerly, when the Seal was in
the Secretary's Custody, and particularly the Commissions to the powder
Receivers were not expedited by Me or my Deputy, who denies to have
either Countersigned or delivered them out to the parties appointed by his
Excellencv to that Office, or to have had any other concern therein, then
writing out by his Excel lenej'^s Command the Form of such Commissions.

COLONIAL RECORDS. 603

I do not find that the Law relating thereto directs Me to take Security
on that (KX^asion, tho, if it did, it must necessarily be Understood, that it
were to be done upon Signification from the Governour of such Commis-
sion issuing, but having received no Notice or Direction from his Excel-
lency in Relation thereto I apprehend I am in no wise Answerable for
the Omission

His Excellency by Implication Taxes Me with want of Care in the
Execution of my Office, for that Several Papers of Consequence have
been lost, mislaid or stolen out of the Office, which I humbly conceive
to be beside the Question, and not at all to the purpose, since his Excel-
lency does not pretend to have lodg'd a Bond for Port Bath with Me,
which therefore could not be lost or mislaid by Me, but as it is easy for
Me to prove the Charge groundless and without foundation. No Material
Papers having been lost out of the Office since I have been Secretary of
the province, Notwithstanding the ill provision there is for the safe and
well keeping thereof, So it is easy to discern with what View it was made
and incerted (not very pertinently as I have shewn) in his Excellency's

Answer.

NATH: RICE.

M' William Downing reported from the Committe that they had con-
sidered M' Little's Petition and come to a Resolution thereon which
Resolution was read in these Words.

Resolved. That it appears to the Committe that the said William Little
hath treated the Ijower House of Assembly not only with III Manners,
but with Insolence and contempt in that Scandalous and invidious Libel
which he calls a Petition in which he accuses the House of acting in a
very unjust and injurious Manner, and affirms that, had he done as the
House has done, he might have justly been accused of Oppression and
pervertion of Justice ; He insinuates as if there were a Secret Conspiracy
in the House against Him.

Such Scandalous Expressions reflecting on the Dignity of this House
highly deserves it's censure.

This House might now (as M' Little Seems to request) proceed to a
Charge in Relation to his many and great Crimes, but that we conceive
that he has greater Trust on the Support of those who had commissioned
him, than on his Own Innocence, for We cannot but ol)serve that he
seems to triumph on the Expectation of l)eing acquitted by the Council,
One of which he is nearly related to and another one of his Assistants
mentioned to be guilty with him of pervertion of Ju8ti(^.

604

CX)LONIAL RECORDS.

Therefore We conceive this House will take a proper time (of which
themselves are best Judges) to form their Charge and make it good
against the said William Little for Pervertion of Justice, Oppression and
Extortion notwithstanding all that the said William Little hath said in
his Libel.

Which Resolution was read and unanimously approved.

Ordered. That the Sargeant attending this House do immediately take
M' William Little into his Custody and him safely keep untill to morrow
Morning and that he then bring him before the House to Answer for his
Affronting the House by sundery Reflections exprest in his petition now
before the House.

By Order of the Gen* Assembly.

July y* IT^ 1733.

This House having pass'd a Vote the 5*** of this Month that the sev-
eral Powder Receivers should lay their Accounts before this Assembly by
the 11*** of this Month of which M' Ayliffe Williams Clerk of this House,
who Acts as powder Receiver for Port Roanoak had sufficient Notice,
the same Vote being entered by him in the Journal of this House and
the said M' Ayliffe Williams having hitherto failed to lay his Accounts
before this House, and the House being informed that he is departing
this province.

Ordered. That the Sargeant attending this House do immediately take
the said M' Ayliffe Williams into his Custody and him safely keep untill
he shall be discharged by this House.

M' William Barrow Member for Hyde precinct took the Oaths and
subscribed the Declaration by Law appointed for his Qualification.

Adjourned till to Morrow Morning 9 of the Clock.

Wednesday July y« 18*^

Met according to Adjournment.

Ordered. That Collen Pollock Edmond Porter Esq" Cap* William
Downing M' Arthur Williams M' Isaac Hill and M' John Leahy be a
Committe to consider the Reply made by the Governour to the Answer
this House made to his Speech and make an Answer thereto and Report
the Same to the House.

Adjourned 'till the Afternoon.

COLONIAL RECORDS. 605

Met aeoording to Adjournment.

M' Smith deliveretl in his Answer in the following words, which was
read.

Mr. Speaker and Gent* of the Ashembly.

I have the Favour of a Message from You containing a paragraph of a
Paper sent to you by his Excellency the Governour in which he bears so
hard on my Conduct that You very justly concluded, I ought to vindicate
my Self of those Im])utations ; I thought I had so fully answered all his
Excellency's Charges against Me that I expected no further Trouble from
him on that Head, but finding that he still goes on to vilifie Me purely
to create Jealousies between your House and the Officers in General and
my Self in particular, I should be very much wanting to my Character
did I not clear my Self from those Malitious Groundless Insinuations.
The Governour Seems to insinuate that you gave me the Thanks of your
House for the same thing that you censured M' Little when it plainly
appears by your Journal that you passed that Vote in my Favour purely
for the Services I did you in Representing to His Majesty the many
Grievances and Oppressions you laboured under from his Excellency's

*

Administration; Whereas Your Charge against M' Little is for Notori-
ous pervertion of Justice, things entirely different in my Opinion, but I
have had so many Instances of his Excellency's Regard to Truth that I
am not at all surprized at it, he is further pleased to observe that I estab-
lished those ffees you now complain off, which is so far from Truth,
that M' Speaker and Several Others can attest that most of the Officers
had Orders from the Governour to take Proclamation Money or four for
One Some Weeks before the General Court he mentions in his paper,
and for Once I appeal to his Excellency himself if he did not insist
upon the Officers paying one hundred and fifty Guineas to two Gentle-
men at Home for Procuring that Instruction, which Orders ffees to be
paid in Proclamation Money ; declaring that he had given his Bond for
it, which as I was Satisfyed to the Contrary from the known Honour
and worth of those Gentlemen, So when I mentioned it to them in Lon-
don, they declared it was utterly false: I think his Excellency has for-
got himself, when he says I established those ffees at that Court in which
I preside<l as Chief Justice, for I am sure no Order of that Sort was
made as will appear by the Records, unless foisted in; His Excellency
goes on to inform you, that he knows Me and ray Character too well, as
to my Character it is well known amongst Gentlemen of worth and
Honour, and indeed I was in Hopes, that his Excellency would Scarcely

606 COLONIAL RECORDS.

have contradicted himself so flatly, since it is notorious to the principal
Members of your House and also of the province, that not only at my
first Arrival but even to the time I refused to comply with his Arbitrary
and Illegal Measures, he gave Me a Character both for Integrity and
Ability far beyond what I either desired or expected: His Excellency
seems to hint, that he must take notice of Me in another place what
place he means I know not, but I have so fully exposed his practices in
every Place that his Menaces now are both Vain & empty, but when I
consider what a Low State he hath brought himself to in the Opinion
of all Men by his Strange and unaccountable Actions, my good Nature
so far gets the Better of Me as to move my pity more than my Resent-
ment.

As You have a great Deal of Business upon Your Hands I must ask
Pardon for taking up so much of Your time; but the Falsity and the
Ungenerous View with which that Paper was contrived made it some-
what Necessary for Me to answer it fully, to conclude tho his Excellency
upon all 0(5casions expresses his Contempt of the Assembly I shall
always esteem it a particular Favour to have the approbation of the

Representatives of the people of this province.

W- SMITH.

The Comraitte made Report in these Words following which was
read and unanimously approved Viz*

The Committe are of opinion that nothing his Excellency has yet
said is sufficient to alter the Opinion of the House concerning the Money
the Quitt Rents are to be paid in, as the People of England well know
what is meant there by shillings and penc^e, so it is as well known in this
and other provinces that by shillings and pence is meant the Currancy
of those provinces and not Sterling or proclamation Money unless such
are expressly mentioned.

The Committe are of Opinion that the Bulk of Trade of this Prov-
ince is carryed on by Vessels under 50 Ton, and the Instance his Excel-
lency gave of the ff*ees in that province was not well chosen because by
their printed I^aws now before the Committe, it appears that the Naval
Officers ffVes for such Vessels is but 10 Shi" and the Collectors 7* 6* and in
the province of New England, where most of our Commodities are carried
they are much less than in Virginia, nor can the Committe learn that
the ff*ees are near so large in any province as are taken in this. What
his Excellency says of 20 shi" in Goods at first in London being sufli-
oient to pay the Officers ffcH?s, is what we can't admitt to l)e true, but
were it So, we think it is not to the purpose in the present dispute. For

COLONIAL RECORDS. 607

the Complaint of the House is, that four times more is taken than is by
Law appointed, and we find this practice early introduced by the Gov-
ernour (Viz*) within a Day or two after his arrival as appears by the
Declaration made by the Officer to the House.

The Committe are so far from agreeing with his Excellency when he
asserts that the ffees offered to be paid by the Assembly in April 1731
would not amount to One third Proclamation Money, that it will be evi-
dent by the propositions of that Assembly to make the ffees on the like
Establishment as they were before paper Money was Currant, that the
same was in effect equal to Proclamation Money, for so the Council
declared the ffees were before paper Money was made; The Committe
think it very strange that after his Excellency has declared that what
the House said in their Answer to his Speech of M' Little Chief Justice
and his Assistants pervertion of Justice, he takes to be a Calumny
invented by some 111 disposed persons, he goes on to tell the House he
will appoint a Day for hearing, and required an immediate Answer to
that part.

The Committe can't be of opinion that it is proper for them, after so
much said by the Governour in excuse for M' Little to proceed to a
hearing before him and the Council now present being but five Members,
One of those he is nearly related to, another one of his Assistants equally
charged with M' Little, and a third a Party Complaining.

His Excellency Seems to he much concerned at what the House said
concerning M' Chief Justice Smith, the Committe do not conceive that
M' Smith had the thanks of the House for what M' Little is accused.
We think his Excellency has misrepresented that Matter, what the House
had principally in View on that Occasion was the difference between
Integrity in the One and [>ervertion of Jnsti(»e &c. in the other Officers
of the General Court. As t^) the Oppressive Article the Fees, We think
it very apparent, that it was not M' Smith that Established them because
his Excellency directefl the taking such large Fees from the Vessels at
least a Month lH*fore the General Court Sate. We are informed that
when M' Smith discerned how the I^aws of the province ran concerning
Fees, he directed the Clerk to take no other Difference?, than such as had
been proposed by the Assembly.

Whether M' Smith is so well known to the House as to his Excellency
We conceive is not material, for when the Country was found to labour
under Such Oppression and pervertion of Justice, When the Governour
of a province would he the Arbiter of his own Differenc^es, and take the
Goods he pretended a Right to out of the possession of another, and

608

COLONIAL RECXDRDS.

burn the House another built towards gaining possession of Land he
wanted, when attempts were made to recover by due course of Law Sat^
isfaction for such Goods took away by the Governour, for the Chief Jus-
tice and his Assistants in such a Case to pervert Justice by giving Judg-
ment that the party injured by a Governour had no Relief here, And
when Measures were taken by the same Justices at the Governour's Insti-
gation to prevent the Injured Party from seeking Relief Elsewhere by
Imprisonment Excessive Bail and refusing to read his Petition wherein
the Hardships of his Case was shewn. When Persons upon the least
Displeasure were called 200 Miles to answer to Trifles, when flees were
unaccountably multiplied in all Cases. When people were turned out of
their possessions by those who had no Right to take up Lands by the
Royal Instructions, when none were admitted to take Lands on the Royal
Instructions tho they were ready to comply therewith unless they would
pay the Governour 2* 6** Silver Money for every 50 Acres, tho such
demand was no ways warranted by the I^ws of this province or the Royal
Instructions, when free people were taken up by the Magistrates and
placed in a state of Servitude little inferior to Bondage against their
Wills.

In short when all the I^ws of the province were in a Manner Disre-
garded, all the Courts of Justice in a Manner Stopt, when Injustice,
Oppression and Arbitrary power had almost over run the whole province,
It was surely high time (in the opinion of the Committe) to rejoice at
any alteration that was likely to be made in the Courts of Justice or
elsewhere.

The Committe have reason still to be of opinion that the Right Hon"'
the Lords Commissioners of Trade had not a Right Information of the
aflair of the Lands In Albemarle County and the Deed of Grant, when
they understood it in the nature of a temporary letter of Attorney revok-
able &c. and the Method his Excellency has taken to shew us, that the
House was mistaken in that Opinion, rather confirms Us, because by that
paper laid before the House with his Reply, it is apparent his Excellency
thought as the House did, for that Paper wrote to the Board of Trade,
since the Receit of that Instruction does not only say That he is per-
suaded their Lordships have been misinformed. But much pains is be-
stowed therein to shew, that his Excellency is much of the same Opinion
with the House concerning the Deed of Grant.

The Committe is much surprized at what his Excellency says that he
well knows that Six times more Cash is every year carried out of this
Government to Virginia to purchase Negros and British Goods than is
necessary to pay the Rents and flees.

(X)LONIAL RECORDS. 609

If this be true there must yearly go out of Vii^inia at least £9.000
if the ffees should be left out of the Computation. For the Rents alone
We think will not be short of £1.500 ^ Annum if duly collected, for
the Grants issued before the Kings purchase and for Lands his Excel-
lency has granted Warrants for by taking the ffees into Computation, as
they are now so extravagantly taken, the sum would be prodigiously
Swol'. The Committe have made diligent Enquiry, and We can scarce
find any other way that Cash is brought into the province but from Vir-
ginia, and that by the Borderers, who .sometimes receive it for provision
carried thither, the sum brought into the province or carried out We
conceive to be very small, and not suflBcient to pay half the Rents, of
the province, and is not to be cx)me at, by those who live at any Consid-
erable Distance from the Line, for those who take such pains to carry
Provisions to Virginia at the Charge of a great Land Carriage, do it
Chiefly to lodge Money there to purchase Slaves, which are difficult to
be bought any other way. The Trade being so much injured as We
conceive by the Heavy Burthens on the Traders who come by Water
and by the Bad Navigation. This Report of your Committe is humbly
submitted to the House by.

COLLEN POLLOCK E. PORTER W. DOWNING
ARTH' WILLIAMS ISAAC HILL JNO. LEAHY.
July y* 18th 1733.

In regard the Clerk has not attended the House by Illness and other-
wise. It is the Direction of this House that the Speaker keep the papers
to form the Journal by and that they l)e then delivered to the Clerk if
he is able to receive them and is in the province.

M' Speaker axd Gnt* op the House of Burgesses.

I require Your immediate Attendance in the Council Chamber.

GEO. BURRINGTON.

The House accordingly attended his Excellency in the Council Cham-
ber where the Governour made the following Speech.

Gent* of Both Houses

I opened this Assembly with a very Kind Speech and sincerely recom-
mended to You Unanimity and to proceed without Heat or Passion, I
proposed several things to You for the Good of the Country, which I
always endeavoured to promote, but there having been so much time
frivolously spent, or wore, I find it to little purpa^e to keep you longer
together. 77

610 COLONIAL RECORDS.

M' Speaker & Gent* op the Lower House.

You from the B^inning have discovered such a Spirit that I early
doubted whether any good might be expected from You, but have waited
patiently to see what might be eflTected but finding any good Intentions
to no purpose, I only tell you I am heartily sorry to see heat and Party
prevail so much among You. I assure you that is not the way to serve
Your Country tho you have an opportunity thereby to serve Your Selves
and display Pioques and prejudices.

You have artfully and falsely endeavoured to represent the Govern-
ment under Me as grievous and Oppressive th5 every Man in the pro-
vince Knows the Contrary, unless you will call his Majesty's Instruc-
tions Grievous, which my Steady adhering to has been the Occasion of
Raising all this Faction.

As to my Disuse of Assemblies as you malitiously term it there past
not two Years between the last Assembly and the ch using this, tho I
think the frequency of their Meeting, unless they would proceed with
more temper and Justice, is of no other Use than to promote party and
Faction and to give some People an opportunity to pursue their own
Malice and Envy under the Umbrage of an Assembly. Bodies of Men
cannot blush and that's your advantage. One of the most furious among
you (I am told) declared he should not have attended this Assembly but
purely to oppose the Governour, and that he came on purpose to plague
him. I wish there had been no more Incendiaries amongst You and
that all the others had their Country's Good more in their Thoughts.
I condemn not all, for I believe there are some well meaning Honest
Men amongst You, but even those bore down or carried away by the
false Zeal and Clamour of the Rest; and Instance of which suflRciently
appeared in the Management of your Answer to my Speech, it was
drawn by the most inveterate Members, and no Sooner brought into the
House, but push'd on with a Noise and Violence that Stifled all Oppo-
sition and that was called Nemine Contradicente.

If Assemblies in this province proceed in the Manner You have done
with Heat and partiality, they themselves will grow the greatest Griev-
ance and Oppression to the Country, Burgessing has been for some Years
a source of Lies and Occasion of Disturbances, which has deterred good
Men from being Candidates, or entring the Lists of Noise and Faction,
which every common Observer Knows. Neither doth the Kings In-
struction that only firee-holders should Vote find any Weight in Your
Elections, tho always incerted in the Writs.

As to the Affair of the Chief Justice, I have already acquainted You,
I would appoint a Day for hearing, and making good the Charge; But

COLONIAL RECORDS. 611

as you seem to waive it, I appoint the 30*** Day of this Month for the
said hearing at the Council Chamber, where You or any other people
may attend to make good the Charge. His petition laid many Days be-
fore you, without any notice taken thereof, but yesterday on a Sudden
Heat without r^arding Me or his Station You insolently presumed by
your Sargeant to take him into Custody for a pretended Contempt
found in the Petition by him delivered to the Upper House, Tho all
unbiassed Men do allow it was wrote with as much Decency and Temper
as the Charge would admitt off.

You have also presumed to take into Custody the Receiver of the
Powder Money for port Roanoak, tho under very sufficient Security, who
had my Orders agreeable to his Majesty's Instructions not to make up
any publick Accounts but before Me in Council.

You have denyed to confirm to his Majesty's Instructions concerning
the payment of the Quitt Rents, tho by Calling you again together, I
gave You another Opportunity of accepting his Majesty's most Gracious
Favour in allowing them to be paid in proclamation Money instead of
Sterling, Nay you have denied they are due or ought to be paid in any
Money at all, but of your own making.

You have offered but three Bills all this time, One of which is so
inconsiderable as not to be worth mentioning. One other for enlarging
the power of precinct Courts, which I commended to You, you took care
to clog with such clauses, as you must know I could not possibly
assent to.

I also proposed to You for Encouragement of the British Trade to
relieve their Ships from paying the Duty of Powder Money and you
have brought in a Bill which has passed both Houses for taking the said
Duty wholly of all Vessels.

I am informed you have refused to admitt Several Members of your
House legally chosen and returned by the proper Officers, pursuant to
the Ancient and constant practice of the province, and as you are but
part of an House, my allowing your Proceedings or Orders would be
giving up an undoubted Right of his Majesty, which has never been con-
tested before this Time.

For the aforesaid Reasons I dissolve this Assembly and it is hereby
accordingly dissolved.

July y- IS**" 1733. GEO. BURRINGTON.

N" Carolina.
True Copy Examined.

By me Williams Clk. Gen* Assembly.

612

COLONIAL RECORDS.

North Carolina — ss.

Att a General Biennial Assembly b^an att Edenton for the said
Province the 5*** day of November 1733.

Chowan

Col. Edw* Moseley
Col° Henry Bonner
Collen Pollock Esq
Capt. W" Downing
Edm* Porter Esq"

Bertie

M' Jam* Castellaw
M' Ar' Williams
M' George Winn
M' Isaac Hill
M' John Harrold

Hide

M' Tho' Smith
M' W" Barrow

MEMBERS RETURNED

Perquimons

M' Cha* Denman
M' Rich* Skinner
M' Sam* Swann
Capt. R* Sanderson
M' Zebul» Clayton

»

Edgecombe

Capt. W- Whitehead
D* Davy HopjHjr

Pasquotank.

M' Grabril Burnham
M' Jere : Symons
M' Cha* Sawyer
M' Jn* Sawyer
M' Caleb Sawyer

Beaufort

M' Patrick Maull
M' Rob* Turner

Bath Town
M' John Leahy

Edenton
M' Ch' Westbeere

Accordingly there mett Col. Edw* Moseley, Col. Henry Bonner M'
Cha' Westbeere, M' Arthur Williams, M' George Winn, M' Gabrill
Burnham, M' Jeremiah Simons, M' Cha* Sawyer M' Caleb Sawyer, M'
Samuell Swann, M' Charles Denman, M' Richard Skinner, Members
of Assembly who took the Oaths and subscribed the Declaration by
Law appointed for their qualification. Which oaths &c were admin-
istered by M' Ayliffe Williams appointed so to do by a Dedimus from
his Excellency the Governor.

Ajoumed to 9. of the clock to morrow morning.

Tuesday Nov' 6*^.
Met according to Adjournment.
Present as before.

There appeared Doctor Patrick Maull Member for Beaufort and Cap-
tain William Downing Member for Chowan, who took the oaths and

COLONIAL RECORDS. 613

subscribed the Declaration by Law appointed for their qualification, and
took their seats in the House accordingly.

Present D' Patrick Maull & Capt. W" Downing.

Adjourned to 9. of the Clock to morrow morning.

Wednesday Nov' 7*^

Met according to Adjournment.

Present as before.

There appeared M' John Harrold Member for Bertie, M' Zebulan
Clayton and Capt. Rich* Sanderson Members for Perquimons, who took
the oaths and subscribed the Declaration by Law appointed for their
qualification

Present M' John Harrold, Capt. Richard Sanderson and M' Sicbulan
Clayton.

Adjourned to 9. of the Clock to morrow morning.

Thursday Nov' 8***

Mett according to Adjournment.

Present as before.

M' Thomas Lowther Member for Curratuck appeared who took the
Oaths and subscribed the Declaration by Law appointed for his qualifi-
cation. Present M' Thomas Lowther.

The Clerk received the following letter from his Excellency the Gov-

ernour which he read in these words viz*:

November 8*^ 1733.
Sir,

I have given myself the trouble to write a Paper for the use of the
present Burgesses, which I will send to be read in their House, or cause
to be read to them in the Council Chamber forthwith, as they like best.

Notifie the above & send me an imediate Answer.

I am your humble servant

GEO. BURRINGTON
To M' Williams

Clk. of the Assembly.

To which the Burgesses made Answer they were ready to wait on his
Excellency. And immediately went to the Council Chamber Where the
Governour made the following Speech (viz*)

Gentlemen

I am sorry you are deprived of the oportunity of serveing your
King and Country at this time for want of a sufficient Number of the
Council to make an Upper House.

614 • COLONIAL RECORDS.

Some weeks after the dissolution of the late Assembly, I was shewn
by the Clerk of the said Assembly, a Report from a Committee signed
by six Members, and approved by that House, tho' I am informed but
few Memlxjrs were then present, and so great noise in the House while
the Paper was reading, that it was impossible for the Members, not in
the Secret to understand or comprehend the same; this Report con-
taining several matters layd down or suggested wliich I look upon as
very injurious to me and my character, as well as extreamly false, and
scandalous in themselves, I think myself obliged in vindication of my
reputation to make some answer to them.

The first Article concerning what money the King's Quit Rents ought
to be paid in, will certainly be fixed by the Lords of Trade and Planta-
tious and His Majesty's most bono"* Privy Council in England. Be-
cause there is not any appearance that an Assembly here will act con-
formable to His Majesty's Instructions on that Head.

The Committee were much mistaken in giving it as their opinion that
the Bulk of the Trade of this Province is carryed on by Vessels under
Fivety Tons Burthen ; the contrary plainly appears by the respective
accounts of the several Collectors, and naval Officers; Whatever the
Committee might read in old printed Laws of Virginia; the smallest Ves-
sell that enters and clears in that Government pays 20* sterling Govern-
our's dues, a Pistole to the Collector besides Permits, which generally
come to 7* 6* and the Naval officers Fees are the same, or very near,
Ships above a hundred Tons, Pay a Moydore to the Collector, about
the same to the Naval Officer, and SO" sterling to the Governour. And all
disinterested Persons do allow that the Port charges are much higher in
Virginia, then in this Province, difference of money considered ; Further
M' Gale Collector at Roanoake assured me, he has oiFered forty masters
of Vessells belonging to the New England Governments to pay all their
Port charges in his District, for a Bill payable there, of so much mony
as Vessels belonging to this Government pay in that Country, and that
no one of those Masters would ever imbrace his proposal. That the
Committee will not admit a well known truth that 20" worth of Goods
bought in England, being sufficient, to pay all the Fees due to the Collec-
tors, and Naval Officers in this Province, for entriug and clearing a ship,
I cannot help but I am able to produce several accounts and receipts of
things I have purchased, for which I have pay'd in the Province Bills
more than 20' for what cost but one in England. The Committee say the
Complaint of the House is, that four times more is taken then by Law
ap|K>iuted this I deny, for the Officers take the Bills as all other Men

COLONIAL RECORDS. 615

do, and as they were rated when issued ; Maseley Vail nephew to the
late Speaker, being now Clerk of Chowan Precinct Court, takes the Fees
belonging to his OflRce at four for one, which surely M' Mosely would
not suffer, if it were unlawfull, or oppressive to the Country; What is
wrote in the last paii of this Paragraph of a Declaration made by an
Officer of my introduceing the practice &c of taking four for one, the
Officer (viz' M' Edmund Gale) denys, and the said Declaration fathered
upon him, was the Ofspring of a Meml)er of that House noted for
leaseing. The time mentioned a day or two afler my Arrival, being
then and long afler extreamly busied, was too short a time for me to be
apprized of the nature and Value of the Bills then newly emitted. For
my own part I received no Fees in many weeks after my comeing into
the Country.

I acknowlege that the rated Commodities before the year 1715, were
then equal to Proclamation money, tho' somewhat sunk in Value since,
but the adding rice to the former rated Commoditys at 11* ^ hundred, as
intended by the Assembly in 1731, before any Act passed to make the
same merchantable, and the Officers to pay 10. ^ Cent for collecting,
what they could not in all likelyhood sell, would be their ruin, for in the
draft of the Act, nothing is said in what condition the rice is to be deliv-
ered for Fees, and People for anything I can see therein might have paid
it in the Hulls (if the Bill had passed) in which condition it bad not
been of more Value then Oats, Therefore I still say that Assemblys
intended settlement of Fees would not have amounted to above one third
of Proclamation Money.

I have many strong reasons still to believe that taxing M' Little the
Chief Justice and his Assistants with Perversion of Justice was a Cal-
umny invented by wicked men, on the contrary have heard M' Little
much applauded by great numbers, for his impartial behaviour in the
Office he executes, and much praised, and admired for his excellent
knowledge in the Law; And as to his Assistants it is agreed by all un-
prejudiced men, they are the best that ever sate in this Province with
any Chief Justice, and I affirm I have not heard of any Complaint made
against M' Little or the Assistants, but by the late Assembly, and M'
Ashe, I can say more, not the least reflection on any of their Proceed-
ings. Weak and fallacious are the reasons the Committee give why they
did not think proper to proceed to charge M' Little before me in Coun-
cil, because the All^ations they had to produce against him must have
been entered on the Council Journals, and if myself and the Council had
not acted becoming our duty it would have been matter of just complaint,

616 COLONIAL RECX3RD8.

nay the very Journals would have exposed us; it does not appear by the
Journals of the late Assembly that any Person in the Council did com-
plain to the Ix)wer House against M* Little or any one of his Assistants,
it must be judged a very extraordinary matter for a Member of the Up-
per House to slight those with whome he sate, and lay his Complaints
before the Lower House.

I do not think it necessary to make the Burgesses of this Country the
Judges of my differences with M' Smith, they will be heard in another
place, certainly it must be thought impertinent in the Assembly to
mention the said Smith in the Answer to my speech in the manner they
did, The Articles against me he signed and delivered to the King
doubtless will be inquired into, and Smith's villanys in due time set forth
and detected, in the mean while I declare to all men on my own knowl-
edge, that Smith is a stupid inconsiderate blockhead, a perfidious crea-
ture, a Promise breaker, a horrible lyar, a most ungrateful wretch that
has not one good quality in him, and what the Committee say in respect
to his taking Fees the contrary has been proved in the Depositions taken
in support of my Answer to the Articles of Complaint he delivered
against me, and are entered in the Council Journals May 17*** 1732. The
value Smith's pretended friends in this Country have for him is suflB-
ciently manifested in the respec^t they shew him at this time, when for
want of l)etter accommodation he is forced to live in an Ale House, and
eat and drink upon Tick like a poor sailor out of imployment. When
the men who have so grosly imposed upon this fellow have no further
occasion for him, they will laugh at and slight him, and then he may
find time to ruminate on, and repent his past wicked conduct and vile
De|X)rtment.

The next Article is verv unac(*ouiitable and such stuff as T never read
before, but when examined and answered will be found to reflect on the
Com[K)sers themselves, and not on me ; Who is it that finds the Country
lalK)urs under oppression and Perversion of Justice, No Man in the
Country has made known any such thing to me, till the sitting of the
last Assembly ; It is not said in this part of the Report, such and such
things were done by a Governour of a Province, nor the Province
nor Governour named, but craftilv ushered in with When the Govern-
our of a Province would be Arbiter of his own differences &c. The
Goods next mentioned by what follows are a Mare of mine and a Colt
foaled on ray Grounds, that a man who worked upon my Plantation
att Cape Fear, sold to Capt. Hugh Blaning for fivety Pounds in Bills (£5.
sterling) but the said Captain being a<^sured by several People that the

COLONIAL RECORDS. 617

Mare and Colt belonged to me, he did not drive them to his Plantation but
left them at M' Hametts ; In August 1732. I was att Cape Fear and be-
ing informed by Captain Blaning and others of the sale aforesaid after
some discourse, he (Blaning) was fully satisfied, and convinced the said
Mare and Colt were my Property, and delivered them to my People,
altho' M' Ashe did much persuade him to the contrary. As appears
by an attested writing of the said Blaning's. At the time when this
happened, I was within a few miles of the Place, where M' Ashe
lived, but M' Ashe did not lett me know then, that he had any
claim to this same Mare and Colt neither did he make the least
mention of his pretentions ^before the October Court following, then
he was pleas'd to tell me in the Council Chaml)er (most of the Members
then present) that my Servants had mark'd two Mares belonging to
him, which surprized me because our Lands were far distant, after some
questions he told me he claimed the Mares my workman had sold Blan-
ing, he had bought them he said of the said Workman, to which I an-
swered if he pretended a right to those Mares, I would try the cause with
him next Court, and give security so to do, and employed a Lawyer (viz*
M' Osheale). The next day M' Ashe had the impudence to produce to
the Court an information against me as a Criminal, for taking up and
misbranding the Mare & Colt, which I was informed the Court said they
had no Power to take Cognizance off, as brought in that manner, but my
Lawyer at the same time acquainted the Court, and M' Ashe then pres-
ent, that he was impowered by me, and would try the cause in any man-
ner M' Ashe pleased, as to the right of the Mares, but M' Ashe declared
he did not intend to proceed in that manner, but to sue for a Tort, as he
expressed himself, and gave it under his hand But M' Ashe's infor-
mation that he delivered to the Court, being very vile and scandalous
my Ijawyer brought it to me, and I complained to one of the Assistants
of the abuse, who thereon issued a warrant to take up M' Ashe, who
refuseing to give Bail, w&s committed, but about an hour after his com-
mittm* he was brought before the Chief Justice by an Habeas Corpus,
and admitted to Bail, and the sum mentioned in the Recognizance very
small, considering the greatness of his Offence, these goods as they are
called, were never in M' Ashe his possession, therefore the writers of the
Report are guilty of a falsehood, in setting down that they were.

And now for the House that was burnt

When I was formerly in this Country, I purchased ten thousand acres
of Land on the N. E. branch of Cape Fear River, in two parcels of five
thousand acres each, and paid near 20. years quit rents for the same, and
78

618

COLONIAL RECXDRDS.

did leave my Receipts and Warrants in the hand of M' Edward Mose-
ley, Sir Richard Everard then Govemour of this Province did sign one
Patent for five thousand acres dated the 30*** July 1725, but could not
be prevailed upon to sign the other, before he certainly knew I was ap-
pointed Govemour of this Country by the King, so that the second Pat-
ent bears date the 6*** of April 1730; M' John Porter Jun' was the
Deputy Surveyor who surveyed the said Lands for me, there was with
him when he made the survey M' William Flavel another Deputy Sur-
veyor, and one M' John Worth, who surveyed the said Lands as directed,
but some years after this. Contrivances were set on foot, to take away
from me the best part of the first five thousand acres, & accordingly
M' John Porter Jun' did- obtain a Patent in the name of Roger More
Esq" for himself from Sir Richard Everard for one thousand acres of
the said land, being all within my Bounds, and the marks fixed by him
and M' Flavell the other Surveyor, M' Samuell Swann, one other Patent
within my Bounds also of six hundred, of which M' Moseley has a part;
These two men M' Moseley's nephews, & M' Roger Moore himself a
Patent for 640. Arcres within my Bounds, but this last Gentleman was
so fully convinced of my right to that land that he delivered up his
Patent to me. But to return to the House that was burnt on my Land ;
Being at Cape Fear in 1731. it was the common discourse among the
People that lived in those parts how basely these men endeavoured to
defraud me of my Land, and that M' John Porter and M' Samuell
Swann, were endeavouring to sell those lands belonging to me, they had
repatented, but no man would buy them (because it was very well known
no one had any real title to them but myself) tho' those Lands are very
good, and commodiously situated, during the time I remained at Cape
Fear word was sent me that M' John Porter would raise a logg house as
an affront to me upon my Land ; upon which I gave him notice that if he
did, I should cause it to be fired, sometime after, I was at that place, and
finding a logg House of five unbarked green pine loggs in height, with-
out either Chimney, plaistring or other labour used in building Houses,
I ordered my Negros to fire the covering of this House or Hog sty, the
loggs lieing quite green, would not burn, it is a verj' common Practice
for the People in this Province to burn their Houses, as being a cheaper
way then pulling them down. But what struck most upon me in
the Affair of this Logg House, wa.s the fate of a former Govemour
who was also one of the Lords Proprietors at the same time,
I mean Seth Southwell Esq** who being surprized on his own
Plantation and clap't into a Logg House, by the late M' Pollo<*k

COLONIAL RECORDS. 619

& others and there kept Prisoner until he renounced the Govern-
ment and t<M)k and subscribed a strange oath too long to l)e here
inoerted. It is not unlikely but some People in this Country might
liave the same intentions to me, if I would have suffered the Logg House
to have remaine<l covered ; I have been told by many that M' Moseley
ccmtrived the method to defraud me of the Lands above mentioned, and
that his Nephew John Porter has often times declared he gave his Uncle
Moseley a very good Negro for his management in that affair, what M'
Moseley had of his other Nephew M' Simiuell Swann I have not yet
heard, but so far have I been from any unwillingness to try this affair in
a legal way, that I l)egan the suit myself, to this I add that I have
often declared, in the most publick manner that I scorned to take any
advantage by being a Governour in matter of right or property, that if
any man had a personal difference with me, when ever I was desire<l
would cnxss the line of this Government with him, and give any satis-
faction could l)e demanded of a Gentleman. I observe upon what has
been abovesaid that M' Ashe and M' Moseley his uncle are men of sur-
priseing conduct and ingenuity, that out of their own detestable frauds
and crimes, can find matter to accuse & caluminate me.

I now proceed to the remainder of the Paragraph Article by Article.

No Persons have been called from Cape Fear to this place upon trifles
as suggested, some have been summone<l upon weighty matters by onler
of Council, and but very few, (an Assembly has nothing to do in such
matters) there hath l)een but one trifling Fee to the Marshall added to
the former since I came into the Country, and I believe that not paid
As many People in this Province had been imposed upon by Surveyors
some years since, who had on their own Authority without warrants
surveyed much I^nd ; about a year after I came M' Rice the Secretary
laid Warrants on some of those Lands, upon which the matter was
argued in the Council, and it was the opinion of the Council, the for-
mer Possessors were intruders, so M' Rice had the I^nd ; As I know not
of any People turned out of their l^al Possessions, nor no man has
complained but in respect to M' Rice, nor the Committee given one
instance of such proceedings as they suggest, I look u|>on that Article
as put in to swell the Paragraph ; When was that time, when none were
admitted to t^ike up I^ands unless they would |)ay 2* 6* silver for every
fifty Acres, I affirm and cam prove by huncfreds of men, and my own
Secretary, that I have received for that Fee all sorts of Provisions dead
or alive, and many sorts of goods, or anything that was offered (Bills
excepted ;) some Cash I have received but in the space of near three

C01X)NIAL RECORDB.

years the whole amount is short of two hundred Pounds, includeiDg the
Fees for takdng up Land and all others; the Governour of this Prov-
ince hath no Fee for signing Warrants for Land, nor for the Patents but
2* 6'' has been oertainly paid them for every fivety Acres of Land taken
up (not purchased.) When I was Goveniour for the Proprietors, the
then Secrctar}- received it of me, no man complaining; Sir Richard
Everard had the same, and all Govemours before us, as far as I can be
informed; The Assembly that sate in 1731. thought 2* 6' too small for
that Fee, therefore in the draft of a Bill for payment of Quitt Rents
and Officer's Fees they augmented it to tliree shillings, yet the other Fees
were all left as they stood l>efore. Lands are taken up in this Govern-
ment at one third of what the Charges arise to in the neighbouring
Countrys, and the Fees accrueing to the Governors here, are the most
inconsi<lerable of any Government belonging to the King; and altho'
the Committee are pleased to say the Fee taken for Lauds is not waiv
ranted by any Law ; yet I am sure it is as lawful! for a Governour to
receive it as any other Fee whatsoever. I know not what the Committee
mean about free People being taken up by the Magistrates &c. if it doth
< not refer to the Negro children bound apprentices by the Justices in
Bertie Precinct, the first knowledge I had of that matter I received
from the late Assembly, and having inquired thereinto am informed that
several free N^roe and Molatto Children were bound Apprentices, pur-
suant to an Act of the 5'' of Queen Elizabeth, which said Act is con-
tinued in full force here, by an Act entltuled an Act to preserve the
Queen's Peace within this Government; I have no Power to set aside
the Proceedings of tlie Precinct Courts, if any one is injured there,'
they may apply themselves to the General Court for redress.

When I came into this Province I found the Laws disregarded the
Courts of Justice stop'd, and indeed Injustice Oppression arbitrary and
admiralty Power, had realy overran the whole Province, but since my
Arrival the General Court Ims been duly held ; now and then there has
been a failure in some of the Precinct Courts, by M' Rice the Secretary's
not appointing Clerks of those C-onrts in time, or nominating such scan-
dalous fellows, as the Justices would not admit to act, bnt this no ways
effects me, M' Rice is my declared enemy, and open Maligner, therefore
I take not upon myself to answer Ibr liis misdoings and neglect, I
seriously declare that to the best of my knowledge and memory, neither
myself or any man in the present administration of this Government has
acted in an arbitrary or illegal manner, for which reason the Committee
or any others are denired (if they can) to produce any particulars of such

COLONIAL RECORDS. 621

proceedings in me, or the rest of the Gentlemen, now in any post or
imployment in this Government, that the just may be distinguished from
the unjust.

In r^ard to the Grand Deed, be it known, that I acquainted the
Ijords of Trade and Plantations, when they had under consideration what
Quitt rents should be paid for Lands thenceforth taken up in this Country,
that the Lords Propret" soon after their own Charter granted by King
Charles the 2* had under their hands and common seal, given and con-
firmed to the Inhabitants of Albemarle (The whole Province of North
Carolina being so called at that time) a Deed by which they obligated
theiiiselves, their heirs c&c to grant I^nds in this Country upon the same
conditions and terms as then used in Virginia, whereupon their Lonlships
were pleased to order the Books relateing to Carolina which had been
given up by the late Proprietors for His Majesty's service to be delivered
to me to examine, that the said Deed or copy (if discovered) might be
examined ; I desired Colonel Halton to assist me in peruseing the said
books, but after three days labour, our search proved in vain for we could
not find any Copy of that Deed, or anything relateing to it in a letter
to their Ijordships of the l" of July 1731, 1 wrote among other matters,
concerning the Grand Deed (which I forbear to recite because any one
that desires a transcript may have it applying to my Secretary) To that
part of my letter the late Assembly saw the Answer I received from their
Lordship's Secretary. I frankly declare it has always been my own
opinion the Grand Deed was good, and ought to remain in force, but I
may be mistaken, and the King's Attorney & Solicitor Greneral, or M'
Fane Council to the Board of Trade, a most learned lawyer, may be able
to prove it a temporary letter of Attorney or void in itself, since the
King's purchase, which will put a final end to the said Grand Deed.

As the Committee are pleased to express themselves surprized at what
I wrote in a message to the late Assembly that six times more Cash is
carried out of this Country into Virginia to purchase Negros and British
Commoilitys then is suflficient to pay the King's Quitt rents, after duly
considering this Article I don't perceive the least occasion to reoeed from
what I then wrote; but will give some reasons to support my assertion,
which I hope will convince the Committee and all others cH)ncemed in
writing the Report of the truth of what I then lay'd down. Many men
of good understanding & knowlerlge have assured me, that in a year
when Mast abounds fivety thousand fatt hoggs are supposed to be driven
into Virginia from this Province, and allmost the whole number of fatted
Oxen in Albemarle County with many Horses, Cows & Calves, much

622

COLONIAL RECORDS.

barreled Pork is also carried into Virginia, a considerable quantity of
Pitch, Tar, Tobacco, Dear skins and Beaver skins and sold there for
money, add to these the Trade carryed on by Perianquas from this
Government to Norfolk Town, In hides, tallow. Bees wax, Mirtle wax,
Feathers, Beef, Pork, Butter, Chees &c. the whole amount of the export
(in uiy opinion) cannot come to less than fivety thousand pounds Virginia
money one year with another; therefore it cannot be so difficult to pay
the King's rents in cash as the Report suggests. I agree with the Com-
mittee, that if the King's rents were well collected and paid, they would
not fall short of £1500. a year; But I am not of their opinion that those
that live at any considerable distance from Virginia, cannot procure mony,
for that end. because M' Rowan one of the Council told me that he had
sold Irish goods for mony at Bath Town, and received, and caryed to
Ireland above one hundred Pounds silver mony in a voyage; Cash is
brought into Cape Fear River from the West Indies, and other Places,
more then is sufficient to pay the Quitt rents due from that side of the
Province. What is meant by heavy burthens on the Traders wants
explaination, for I know not what these burthens are. If a Port was
opened and a Fort built on Ocacock Island, and a small Garrison kept
there, lai^ Vessells might there load and unload in seciuity and small
Vessells carry the merchandize about the Country, and tlien this Prov-
ince would have equal advantages by their Ports (being never frozen)
with any Province in His Majesty's Dominions in North Carolina.

As all the Committee of the late house of Burgesses that sign'd the
Report I have now answered, are again chosen, I advise them to consider
if they were not grosly imposed upon in being made Tools to sign a
Paper the writeing of other Men, so vile in itself and void of truth.

Gentlemen,

I repeat my concern that you are prevented from rectifying the mis-
doings of the two former Assemblys, and wish you all a safe return to

your several Plantations

GEO. BURRINGTON.
Edenton

The S*** of Nov' 1733.

The Burgesses returned to their House and ordered the same to Ik*
entered, and then departed.

WILLIAMS. Clk. of the Gen : Assembly.

COLONIAL RECORDS. 623

1734.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 37.]

LiNcoLNs Inn. January 7*** 1733.
Sir,

The Charter which you sent us referrs to another which is prior, and
which it will be necessary for us to see.

We likewise desire to have a Copy of the Fundamental Constitutions
of the Late Ijords Prop" for at present it does not appear to us by any
thing that we can find in the Charter which you sent us, By what author-
ity those Constitutions were made, nor how far they are at present in
force. When the first Charter, and a Copy of these Constitutions are
sent to us, there shall be no delay on our part I am

Sir

Your very humble servant

J. WILLES.
(Endorsed)

[From North (''arouna Letter Book of S. P. G.]

MR. LAPIERRE TO THE BISHOP OF LONDON

New Hanover alias Cape fear in N* Carolina

April 23* 1734.
My Lord:

J had the honor in my last to inform your Lordship about the present
state of Cape fear both Civil and E<x;lesiastical. I was the first minister
of the Church of England that came to the**e plac»es to preach which I
did during three years and a half and at last frustrated of the best part
of my salary was obliged to ask for my discharge then forced to work in
the field to help to maintain my family afterwards compelled by necessity
to sell my house & land & lastly my movables so that at this time I am
no better than a mendicant. I have l)een 3 years out of place depending
and living upon my own substance but every now and then exercising

624 COLONIAL RECORDS.

my functions gratis among some of the dispersed families 'tis true my
LorI I had several invitations from abroad for vacancies to be supplied
but the Letters directed to me fell into the hands of our Gentlemen who
made no scruple to suppress them as I have found it out since, lest my
complaints of their proceedings should reach too far last of all I went
further northward to a new colony called Xew River consisting of above
100 families all pix)r people but very desirous to have the holy worship
set up amongst them Gov' Burrington and one Mr. John Williams being
the chief encouragers it is a thriving place and likely in few years to
become a flourishing parish, (there is a vast number of children among
^ them to be instructedjand if this place falls to my lot I shall make bold
my Lord to send you a larger and more satisfactory account both of Cape
fear and of that new place. Your Ijordship's pastoral Letters my Lord
which the Rev* Mr. Grarden sent me I dispersed among the people of
Cape fear but to little purpose for some of the chief Inhabitants had
already beeu secretly seduced by the favorers of one Chub and by means
of such seducers and underhand dealers many have learned to quibble
and cavil about the holy scripture and as their belief so is their manner
of life in public incest or polygamy the first of which in a great man was
the first octasion of my gradual depression and degradation in their mind
when I 8|H>ke against it till at last they substituted in my room after I
took my discharge one Mr. Rich* Marsden formerly a preacher in Charles
town in South Carolina who declined appearing before Comissary John-
son and the rest of the Clergy to shew his credentials, afterwards my
Lord Portland's Chaplain in Jamaica then an incumbent in Virginia in
a parish called Princess Ann and of late a traficant to Lisbon, and some-
time after his return promoted by a few Gentlemen to be Minister to
Cape fear without any popular election a man of an indifferent character
and causing by the violence of a&sesments great murmurings among the
people before they can get a qualified vestry and the said Rich* Marsden
belonging to Liverpool pleads that he was ordained by one of your Lord-
ship's predecessors much about the time that I was sent to So. Carolina
under Queen Ann 1707 one Mr. Hall being the Bishop's Secretary and
a Cape fear Grentleman had since agreed to send to Your Lordship for a
Minister and to have hiin qualified a Missionary by the Hon'ble Society
this my Ix)rd is lift to the prudent discretion of that Hon'ble Body and
to Your L)rdship's mature consideration that their bounty should not
be misapplied nor a clergyman ensnared by their fair words there being
no rules nor laws in the place for Church or State and the people being
most of them stateii men and very substantial planters but unwilling to

COIX)NIAL RF.CORl)S. 625

C()ntribnt€ towards the building of Churches and glebehouses or to the
handsome maintenance of a minister all captains of ships who have been
here will depose the same. My Lord I am Your Lordship's most hum-
ble servant and most dutiful Son in the Gospel,

JOHN LAPIERRE

[B. P. R. O. Am: A W. Ind: Vol. 23. p. 285.]

N. Carolina June the !■* 1734.

May it please your Grace

Haveing lived in this Province some years without receiving any
mony from the King, or the Country, was constrained to sell not only
ray household goods, but even linnen, plate and Books, and mortgage my
Lands, and stocks the many sicknesses that seized me, and their long
continuance, have greatly impaired ray constitution and substance, my
affairs and health being in a bad condition, I humbly desire my Lord
Duke will be pleased to obtain his Majesty's leave for my return to
England

I am

with profound Duty
my Lord Duke
your Grace's
most humble

and most devoted servant

GEO: BURRINGTON.

[B. P. R. O. NoBTH Carolina. B. T. Vol. 9. A. 66.]

N. Carolina l" June 1734.
My Lords,

Since my last letter to your Ix)rdships M' Owen one of the Council in
this Province departed, some others were very like to dye but my escape-
ing death was unexpected by all who saw me, by the decease of Mess"
Lovick and Owen and the refractoriness of others who will not come t<»

79

COIXJNIAL KECORDS.

Council wlien sutnmoDed, there has not l)een one held in ten inunths. it
in near three years since I sent your Lordships a list uf i>ersonH that I
thought proper to fill up the Council but as yet am unacquainted what
your Lordships design in that aHair.

My Secretary will have the Honour to present this letter I assure
your Lordships he is very capable of giveing a perfect account of the
state and condition of this country.

I have the Honour to remain witli great Respect
My Lords

your Jjordships
most humble

and most obedient servant

GEO: BURRINGTON.

[B. P. B. O. Am: A W. Ihd: Vol. 23. p. 28«.]

No: Carolina the 17* of September 1734.
My Lord Duke

Last year M' Fury gave me intelligence, that his Majesty had appointed
a new Governour for this Province, impatiently I expected his comeing
(being very desirous to be rid of my charge) and notwithstanding the
horrible villainys, Rice, Smith an<l Montgomery had carried on against
me, in this Country, and in Kiigland, I refraine<) from giveing them di.s-
turbance, or molesting them in any respect, onely hopeing by your
Grace's Justice and goodness (hat when I returned to England an exami-
nation of my conduct and behavior, and theirs might be obtained, but
these wicked men in defiance of Ijaw, reason and my authority as Gov-
ernour, have lately been guilty off, and conmiitted the most impudent
actions and crimes, an a««unt of some of them (after due examination)
xhall lie incerted in the next Council Journals. I have been necessitated,
for the ])reservation of my own life, and peace of this Countrey to sue-
pend M' Ri<« the Secretary, from his plat« in the Council.

May it please your Grace I hope speedily U> receive the King's leave
for couieiiig home the affairs of this Province will prove difficult to tin
lyords of Trade without my assistance I iim himibly nf opin
would be for his Majestye service if the Board of Trade stayoii till my
return before they make the alterations in the InstructionM that arp r«|ni-
site for the proper r^ulation of Government in North (^rolin*.

COLONIAL RECORDS.

There lives not a man who honours the Duke of Newcastle or has i
more entire submiaeion to his will and pleasure then
His Grace's
most humble
and most devoted servant

GEO: BURRINGTON

[B. P. R O. NoHTH Carouha. R T. Vol 8. A. 66.]

GOV. BURRINGTON TO LORDS OF TRADE
17 SEPT. 1734.

N. Carolina 17* of 8ep»- 1734.
My Lords,

Being directed by the ninth Instruction to give your Lordships notice
If I suspend any Member of the Council in this Province without
acquainting the other Councillors therewith and allso to render your
Lordships my reasons for so doing : I trouble your Board with this Let-
ter to inform your Lordships that yesterday I suspended Nathaniel Rice
Esq" Secretary of this Province from his Seat in Council, the reasons '
for so doing were, the premrvation of my life, and the peace of this
Country, lately there was a villainous contrivance to murder me, I have
reason to think and heleive M' Rice was deeply concerned in that wick-
edness. I design to send your Lordships a clear account of this matter
in the next Sett of Councill Journals.

My Lords many times the Councillors have Iteeu summoned several
Courts have passed when the Council ought to sit and meet in Court yet I
have not been able to make up a sufficient number of Members to hold a
Conncil nor Court of Chancery since July Court last was twelve months,
therefore M' Halton and M' Ashe are summoned to appear att the Cuuu-
dl Chamber the 25* of this month to shew cause why they have aln
seuted themselves, it is allmost two years that M' Halton has neglected
oomeiu^ to Courts or Council M' Ashe and M' Rice more than a year.
V I purptise soon to till up the Council to the number limited by the
instructions that the busiuess of the Countrey may be carried on in the
Mua) Course; which I hope will prove tothegoo<l likeing of the Lords
iif TniiV ainl Plantations
I am

Viiur Ijonl.siiips most humble

and most obedient servant

GEO: BURRINGTON.

628 COLONIAL RECORDS.

[B. P. R. O. Am ; A W. Ind: Vol. 23. p. 287.]

N. Carolina the 7*^ of October 1734.
May it please your Grace

I had the honour by a letter dated the 17** of September to give my
Lord Duke of Newcastle an account that I was obliged to suspend
Nathaniel Rice Esq** secretary of this Province, from being one of the
Council, for the preservation of my life, and the peace of this Province.

M' Robert Halton another Councillor, haveing been often summoned,
and admonished of his neglects hath failed comeing to any Court or
Council, this month com pleats two years therefore by a letter wrote to
him the 26*** of last month I sus[)ended M' Halton for willfully absent-
ing himself from the Councils, without shewing cause, being thereunto
required. Rice and Halton being suspended, there remained M' John
Ashe and M' Edmund Gale and no more; who had sate as Councillors
in this Province. To fill up the Council to the number prescribed in his
Majesty's seventh Instruction. I swore on the 27*** past Coll : Benjamin
Hill, Coll : Francis Pugh, Coll : Henry Gaston Coll : M'Rora Scarbo-
rough and on the 29** Coll : Daniel Hanmer, Members of the Council,
all these Gentlemen have good estates (for this Countrey) I believe they
will act with honour and integrity, and becomeing the station of Coun-
cillors, the last named of these Gentlemen is also appointed Chief Jus-
tice of this Province in the room of M' William Little deceased, Coll :
Hanmer was bred to the profession of the Law is nephew to Sir Thomas
Hanmer in great esteem with the people of this Countrey and thought
the only man capable of exe(?uteing the Office of Chief Justice in this
Province M' John Montgomery the Attorney General was suspended
on the 29*** of last month for the many villanys by him pertetrated M'
John Hodgson a very good Attorney is appointed to succeed him. My
Lord it would take up too much of your time to read the long history I
can write of the wickedness, villanys, follys and madness. Smith, Rice
and Montgomery have been guilty of in this Province the detestable
method of lyeing, and inventing slanders and calumnys (these men have
so long used) against me deserves more then ordinary punishment. The
Council Journals contain but a small part of what I am able to prove
against them, I am of opinion even therein may be found enough to
convince any reader that they are unfit persons to be imployed in offices
of Trust. If it is your Gra<*es pleasure, to order these scoundrels alt

COLONIAL RECORDS. 629

tliis time fled from Justice to be restored to their former places^ this
Countrey will be in the greatest Confusion : send what Governour you
please.

M' Lovick and M' Little being dead, it clearly appears that they were
falsely accused by Porter and others of profiting themselves, in the sale
of Lands to pay for running the Line between this Province and Vir-
ginia, both dyeing much in debt.

The Kings Instructions compell me to trouble your Grace with this
letter.

My Lord Duke

(with the greatest submission)
I am, your Grace's

most humble and most devoted servant

GEO: BURRINGTON.

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 56.]

GOV BURRINGTON TO LORDS OF TRADE

7 OCT. 1734

N. Carolina the 7*^ October 1734.
My Lords,

I did myself the Honour to inform your Lordships in a letter dated
the 17*^ of last month that I had suspended Nathaniel Rice Ksq" Secre-
tary of this Province from his place in the Council and my reasons for
so doing were, the preservation of my life and peace of this Countrey.
M' Robert Halton another Councellor haveing been frequently sent for
to Council and to attend the Courts, for two years together, and often
admonished of his n^lects, but still willfully absenting all the time and
reftiseing to shew cause for his said n^lects I thought fit for his Majesties
service to suspend him by letter the 26** past. Then there remained M'
Ashe and M' Gale in this province, and no others who had sate in the
King's Council.

On the 27**" of September last I swore Coll : Benjamin Hill, Coll :
Francis Pugh, Coll : Henry Gaston, Coll. Mac Rora Scarborough into
the Council and on the 29*** Coll : Daniel Hanmer (nephew to Sir Thomas
Hanmer) to whom I have given the Commission of Chief Justice of
North Carolina vacant by the death of William Little Ksq** MT John
Hmlgson is made Attorney General in the nM>m of John Montgomery,

630 COLONIAL RECORDS.

suspeuded on the 29^ past for the innumerable villainys he has com-
mitted I forbear writeing more of the said John att this present referring
your Lordships to the Council Journals but promise to send the Board
of Trade a much fuller account of this man and his companions in vil-
lainy Smith and Rice when thereunto required.

M' Lovick and M' Little being dead it is now manifest beyond con-
tradiction that they did not profit themselves by selling the lands, as was
falsely suggested to his Grace of Newcastle, and Lords of Trade. Both
these Gentlemen dyed much in debt and left no money to pay their
Creditors.

My Lords I daily expect the Kings leave for my return to England
when it arrives shall make haste to London, hope to inform my Lords
of Trade of all that is necessary for his Majesties Service in N. Carolina
and endeavour to prove myself
Your Lordships
most humble

and most obedient servant

GEO: BURRINGTON.

[B. P. R. O. B. T. Journals. Vol. 44. p. 129.]

BOARD OF TRADE JOURNAI^.

Whitehall. Thursday Aug* 1* 1734
At a Meet* of H. M. Com" for Trade & Plant-
Present
M' Doominique. M' Pelham

M' Bladen. Sir Ar. Croft.

The following letters from Captain Burrington Gov' of North Caro-
lina were read and the papers therein referred to were laid l)efore the
Board, viz*

Letter from Capt. Burrington dated 20**^ Feb^ 1 73^ with
Minutes of Council of 26 July 1731 to 22 Jan^^ 173^
letter from Capt. Burrington to the Sec^ dated 21^ May 1732.
Letter from Capt. Burrington to the Sec^ dated 2 Nov' 1 732
Ijetter from Capt. Burrington dated 14 Nov' 1732
I^etter from him dated May 19*** 1733 containing a state of that Gov-
ernment

Letter from Capt. Burrington dated o Oc*t. 1 733

CK)LONIAL RECORDS. 631

Letter from Capt. Burrington dated 12 Nov. 1733 giving a(xx)unt of
the death of one of the Council

And then was read also a letter from M' Rice and M' Ashe two of the
Council of North Carolina dated April 20*^ 1733 relating to Gov' Bur-
rington's proceeding to appoint several new Precincts and thereby making
an alteration in the Constitution of the L^islature with their objections
to it the Governor's Answer and their reply

Letter from M' Rice and M' Ashe dated 20"* April 1733 with a copy
of their Remonstrance to Gov' Burrington his Answer and their reply
all relating to the issuing of Warrants for Jjands in that Province

The case of M' Moseley concerning Warrants for lands in North Caro-
lina

The objections of M' Rice and M' Ashe against M' Owen's being ad-
mitted of the Council of North Carolina together with their affidavit
of Gov' Burringtons refusing to suffer their objections to be entered.

Deposition of M' Montgomerie Att^ General of North Carolina relat-
ing to several abuses he has suffered from Capt. Burrington.

Letter from M' Porter one of the Council in North Carolina to the
Sec'^ dated 15*** August 1733 relating to his suspension from the Coun-
cil and Office of Judge of the Admiralty Court there by Capt. Burring-
ton.

List of Papers received with M' Porter's letter

Three depositions of M' Moseley Montgomerie and M' Ashe relating
to the misbehaviour of Capt. Burrington and to the dispute between him
& M' Porter

Narrative upon oath of Edmund Porter Esq'* relating to his complaint
against Capt. Burrington.

A Certificate from M' Rice Sec*^ relating to the denial of M' Conner
Attorn^ to give his testimony against M' Burrington and 3 other papers
relating to the dispute between M' Burrington & M' Porter

Order'd that M' Johnstone the present Gov' of North Carolina be
desir'd to attend the Board on Tuesday morning next.

[Page 123. J

Wednesilay July 24*^ 1734

M' Shelton attending awjuainted the Board that he had a Warrant
from the late Jjords Proprietors of Carolina granting him 12,()00 acres
of land but that the (Jov' having lately refused to give directions to the
Surveyor to set out the said land he desired the Board would please to

632 a)LONIAL RECORDS.

order the Gov' to set out the said land The Board upon this acquaint<»d
M' Shelton that the Draft of a Law to settle the Quit rents of the Prov-
ince upon which in great measure the validity of the Grants from the
late Lonls Proprietors would depend was now under consideration before
the Attorney and Solicitor General and that the Board would take M'
Shelton's Warrant under consideration so soon as the said Draft of an
Act should be agreed And in the mean time ordered that a letter should
be wrot^i to the Attorney and Solicitor General to remind them thereof

[PaKe 183.]

Whitehall Tuesday Aug* 6*^ 1 734

M' Johnston attending as he had been desir'd the Board took again
into consideration the several letters <fe papers from Capt. Burrington
read at the last meeting and gave M' Johnston directions upon such parts
of them as were not answered.

[Page 184.1

Thursday August 8**» 1734

M' Shelton Sec^ to the late Lords Proprietors of Carolina attending
the Board desired he would inform them what he knew concerning the
deed of Grant from the said Proprietors to the County of Albemarle
in North Carolina 1668 And he said that the Lords Prop" would never
consent to that deed nor had ever sign'd & that they had constantly
given Instructions to their Governors directly against it. That they
had oft«n wrote to their Governors not to grant any land under that
pretended deed which supposing it had been sign'd could never be lookM
upon any otherwise than as a temporary letter of Attorney from the
said Lords Proprietors to their then Governor.

[Pa|?e 181.1

Wednesdav November 6*^ 1 734.

»

An Order qf the Com*^ of Council of Nov. I** 1734 refenf to the
Board M' Shelton's petition & a warrant from the late Lords Prop"
granting him a Barony in South Carolina & praying a confirmation of
the same wa.H read & directions were given for prepar* Dft of a Rejwrt
in favor thereof — which was sign'd on 19**" Nov. 1734

COLONIAL RECORDS. 633

[Fbom the MSS. Reoordb of North Carolina Council Journals.]

COUNCIL JOURNALS.

North -Carolina — ss.

At the Council Chaml)er in Eilenton the 15"* day of April Auuo
Dom 1734.

Whereas by the Departure of His Excel ly George Burrington Esq' His
Majesties Governour in Chief of this Province, the Government thereof
devolved upon the Honoble Nathaniel Rice Esq' pursuant to His Majes-
ties Royal Instruction declaring that upon the Death or Departure of the
Governour out of the Province, the first Councellor shall take upon him
the Administration of the Government with the Title of President and
Commander in Chief thereof. And whereas all the Members of His Maj-
esties Council Reside above Two Hundred miles from the seat of Govern-
ment so that they could not have notice to l>e present the said Nathaniel
Rice being first Councellor took & Subscril)ed the several Oaths by Law
Enjoyned for Qualification of Publick Officers in presence of us the sub-
scribers and caused publication thereof to be made by Proclamation and
therein continued all officers Civil and Military in their respectives post
and Employments & then took upon him the administration of the Gov-
ernment. The Honoble the President thereupon Directed Summons to
Issue to the Members of His Majesties Council to meet at the Council
Chamber in Edenton on Monday the 20**" day of May next.

W SMITH
J MONGOMERY Atty Gen>

North Carolina — ss.

G^eorge the Second by the Grace of Grod of Great Brittain France and
Ireland King Defender of the Faith &c

To our Trusty and well beloved Nathaoiel Rice Esq' Greeting

"Out of the assurance we have of the Loyalty Prudence and Ability
of you the said Nathaniel Rice Do hereby Constitute and Appoint you
(During our Pleasure) Secretary of our province of North Carolina,
hereby Authorizing you and Giving you full power and authority to be
present at all meetings of our Governour and Council and of our As-
semblys and to keep an Exact Roister of all their acts Proceeding and

80

634

COLONIAL RECORDS.

Orders, and also to Recieve from the Surveyor General all Certificates of
Lands by him sett out and Surveyed, According to the warrants to him
Directed, And to Draw up all Conveyances and Assurances of Lands to
be granted pursuant to our Instructions Given to our Governor of our
said province, thereon, and to cause the same when duly Executed to \ye
Enrolled, And Generally to Do and Perform all Other acts usually done
by other secretarys or that to the Duty of said Office shall belong. And
we do hereby further Impower you to recieve all Fees Perquisites and
advantages whatsoever to the said Office of Secretary belonging or any-
wise appertaining. In Testimony whereof we have caused these our
Letters to be made Patents Witness our Trusty and well beloved George
Burrington Esq' Governor of our Said province at fkienton under his
hand and Great Seal of our said Province the Eleventh day of May In
the fourth year of our reign Anno Domini 1731.

GEO BURRINGTON

»♦♦♦♦♦♦»♦»

X SKAL. t

x<

Entred from the Original by me

W- Irvin
Examined & Compared with the
Original ^ me

Jn* Rice

[B. P. R. O. B. T. North Carolina. Vol. 9. A. 61.]

LEGISLATIVE JOURNALS.

At a General Assembly b^un & held at Eklentou for the said Prov-
ince Nov' the Sixth 1734.

Chowan

Col Edw* Moseley
Col Cullen Pollock
Col Henry Bonner
Capt W" Downing
M' Tho' Luten

MEMBERS RETURNED.

Pequimons

M' Zeb Clayton
M' Sam* Swann
M' Ch' Denman
M' Rich* Skinner
M' Jofl* liong

Pasquotank

M' Grab Burnham
M' Ch' Sawyer
M' CaP Sawyer
M' Jer Simons
Col John Palin

CX)LONIAL RECORDS.

636

Currituck

M' H White
M' G Bowers
M' J Mann
M' T Etheridge
M' Lew* Jenkins

Beaufort

M' Ed Sailer
M' R* Turner

Carteret

Col Thos Lovick
M' J' Winright

Bladen

Edenton
M' W"» Badham

Bertie

M' T Castellaw
M' Ar Williams
JVP G Winn
M' J Dawson
M' J Hodgson

Hyde

M' Sara Sinclaire
M' W" Cording

New Hanover

Edgecombe

M' W Whitehead
M' J Spiers
M' Bar Macquinny
M' D Hopper
M' J MUIikiu

Craven

M' Wal' Lane
M' jy Shine

Onslow

M' J Starkey
M' J Williams

Bath Town
M' Rog' Kenyon

Newburn Town
M' 8 Powell.

Received the following Order from y* Gov' & Council

His Excell^ the Grov' was pleased to Nominate and Appoint Col Mac-
rora Scarborough & Col Dan Hanmer to Administer the Oaths by Law
Appointed for Qualification of Publick Officers to the Members of the
present General Assembly of this Province as also to the Clerk of the
said House.

Whereupon the following Members appeared and were Qualifyed (be-
fore the said Col Scarbrough & Col Hanmer, M' Anderson the Deputy
Clerk of the Crown reading the Oaths) viz*

Col Ed Moseley Col Henry Bonner M' Thos Luten M' W" Badham
M' Cha' Denman M' Rich"* Skinner M' Joshua Long M' Arthur Wil-
liams M' G^o Winn M' John Hodgson M' Gab Burnham M' Cha' Saw-
yer M' Jer Simons M' Caleb Sawyer M' Tho' Lovick M' John Powell
M' Rob* Turner M' Ed Sailer M' Roger Kenyon M' Sam> Sinclare M'
James Millikin M' Daniel Shine M' Walter Lane M' James Winright
M' J~» Starkey & M' Abraham Blackall Clerk of Assembly

The House Adjourned till tomorrow Morning nine o'clock.

ABR BLACKALL O^ of Assembly

•

Thursday Nov' y* 7**»
The House met according to Adjournm*

The House being dire(rted by His Excell^ to choose their Speaker.
Unanimously made (ihoioe of Col Ed Moseley to be Speaker, And by

636 COLONIAL RECX)RD8.

His Excell^" direction the House waited on Him in y* Councill Cham-
ber & presented their Speaker, When the Governour made the following
Speech to the Council and Assembly viz*

Gentlemen op the Upper and Lower Houses

•

You are now called t^jgether to consider and Act for the good and
Welfare of this Province many of the Burgesses now Chosen by long
Exi>erien(« and Acquaintance with them, I know to be Gentlemen ik)S-
sessetl with requisite Understanding for the due discharge of the Trust
their Country has reposed in them Insomuch that I Entertain hopes
great Matters may be effected at this Time for the benefit of North Caro-
lina.

Gentlemen of the Upper House.

The Signal proofs you have given of your knowledge in Business, and
readiness to Serve your King and Country merit great Commendation I
cannot doubt, (Gentlemen) of your Diligence during the Sitting of this
Assembly to promote the passing such Acta, as are recommended or
required in the King's Instructions

Gentlemen of the Lower House.

In the former Assembly I recommended many things which I thought
would conduce to the Honour & Prosperity of this Country, the said
Assembivs took so little notice of what I laid before them that I do not
now name any matter in particular, to your consideration but may in a
few days, if I find you are disposed to do business. In General I wish
and Earnestly desire, your ready complyance with such things as His
Majesty requires in His Instructions or has ordered me to recommend to
you Transcripts of them, the Clerk of your House now has in his pro-
fession I suppose, if not, you may be furnished with them on the first
Message to me.

Gentlemen of both Houses.

I expect you will behave in such manner as the King may be satisfyed
with your proceedings and the Country receive great benefits by the
g<)od Ijaws which (I hope) you will now frame & enact.

My ready concurrence I am sure you cannot doubt nor shall not stand
in need of

GEO BURRINGTON.

The Assembly i-eturned to their own House & having obtained a Copy
of the Gov" Spee<Ji Ordeixl that it l)e read in the House in the after-
noon

COLONIAL RECX)RDS. 637

Divers Members appeariug that have not yet been Qualifyed.

Ordered that the Messenger of this House do wait on the Members of
Council appointed to Administer the Oaths, & desire they would be present
at their Qualification, accordingly Col. Scarbrough and Col Hanmer
appeared and M' Zebulon Clayton M' Samuel Swann and M' William
Cording were Qualifyed

The House Adjourneil till three O'Clock in the afternoon

ABRA BLACKALL i^ of Assembly

The House met according to Adjournment

M' James Castellaw M' John Dawson & M' Jxjwis Jenkins were
(Qualifyed l)efore Col. Scarbrough and Col Hanmer. His Exc«ll^' Speech
l)eing read according to Order.

M' Thos Luten M' Charles Deu man M' Gab* Burnham M' James

Castellaw M' Lewis Jenkins M' Robt Turner M' Walter Lane &

M' William Badham were appointed a Comittee to make an Answer

thereto. And then the House Adjourn* till to Morrow morning ten of

the Clock

A BLACKALL ("* of Assembly.

Friday Morning Nov' y* 8"*

The House met acconling to Adjournment

Read the Petition of John Harrell Setting forth that he was duly
elected a representative for Bertie precinct but the Marshall had returned
M' John Hodgson in his room he humbly prays y* Poll may be in-
spected.

M' John Hodgson being present in the House having heard the same
petition^ the list of the Poll was produced and being examined and cast
up it was found to be in M' Hodgson favour. It being moved in the
House by divers Members that a bill be brought in to declare that none
but freeholders should Elect and Chuse Members of Assembly. Ordered
that M' Zeb Clayton and M' Sam* Sinclare be a Committee to prepare
and bring in a bill for that purpose agreable to His Majesty's Royall
Instruction.

Col. Scarbrough & Col Hanmer brought from the upper House a bill
for an Act entituled an Act for the better and more effectual encourage-
ing and promoting the Trade of this Province

Ordered that the bill be read to Morrow Morning.

The House adjourned till tomorrow morning at nine of y* clock.

/

638 COLONIAL RECORDS.

Saturday Morning Nov' y* 9***

The House met according to adjournment

The Bill entituled an Ac^ for the l)etter and more effectual encourag-
ing and promoting the Trade of this Province was read a first time and
passed.

The House on reading the above Bill entered into a Debate concerning
the Pilotage and being informed that Cap' Miles Gale was willing to
undertake the Pilotage at and near Ocacock The House sent for him and
on his appearance l)efore The House and declaring his Willingness to
undertake the Pilotage he was directed to lay his propositions before the
House on Monday next.

Ordered that the powder receivers Accts be laid l^efore the House and
also the Treasurers Accts on y* eighteenth Instant. M' W" Badham
reported from y* committee for drawing up an Address to His Excell^
which was read and after some amendments made. Ordered that the
same be fairly engrossed and that this House will wait on His ExcelK
with the same this afternoon

The House adjourned till three of y* Clock

Met according to adjournment.

Col Cullen Pollock and M' W" Downing being returned Members
and failing to appear. Ordered that the Sergeant do wait on them to
require their Appearance on Monday next

This afternoon M' Speaker and Such of the Members as were present
waited on His ExcelU with the Address of this House which was in
these words viz*

To His Excellency George Burrington Esq" His Majestys Cap* Gen* &
Govemour in Chief of North Carolina.

May it Please Your Excellency.

We return you our hearty thanks for your kind SpeecJi to us and are
very glad you have conceived so good an Opinion of our Understanding
& Capacity to serve this Province

We shall at this Juncture wave entering into any debate relateing to
the Conduct of former Assemblys who (in our humble Opinion) have
always had r^ard to the Interest of their Country. But now most wil-
lingly Embrace this Opportunity, to demonstrate to your Excell^ with
what hearty Chearfulness we are met as well to Execute and discharge
the Trust and Confidence reposed in us, And consult the welfare and
l)enefit & prosperity of this province As also with due respect & regard

COI/JNIAL RECX)UDS. 639

to observe Obey and (as much as in us lies) comply with His Majestys

Royall Instructions.

The Assurance Your Excell^ hath been pleased to give us of your

ready concurrence with both Houses in frameing and enacting Some good

and wholesome Laws for the benefit and Advantage of this Province and

agreable to the Circumstances thereof, which at this time are greatly

wanted, makes us Strongly of Opinion and we persuade our Selves, that

there will be a good Harmony and Understanding between both Houses.

We on our parts will so Strenuously endeavour to promote, encourage

and Advance the Trade of this province and the General good thereof,

and also behave in such manner that His Majesty may be well Satisfyed

with our proceedings and the Country fully convinced of our good

intentions.

By Order of the House

EDWARD MOSELEY Speak'

To which His Excell^ made the following Answer

M' Speaker and Gentlemen of the General Assembly

I accept of your Answer to my Sjieech yi'vy kindly and take this
Opportunity of once more assuring the House of Burgesses, that I earn-
estly desire to see this (-ountry well setled, by go(xl and wholesome
Laws. The Opinion I entei*tain of the Wisdom and good Intentions of
the Memb(^rs that Compose the Geneml Assembly is grounded upon the
real Meritt I know they arc possessed otf. And Since the Council have
made so handsome a declaration (in their Answer to my Sixjech) of readi-
ness & zeiil to serve the King, and you the representatives the like I hope
there is not a possibility that our duty to the Kings most Excellent Maj-
esty, in Ol)eying His Instructions, and Eifet^tually doing goo<l for this
province Should l)e delayed or 01)structed, but that we shall with Agree-
ment truly & sincerely so demean our Selves that the present Livers in
this Country may .have reason to thank us, at the end of this session and
their posterity not only to Remember us with gratitude, but bless our
Memorys for the benefits they shall hereafter enjoy by the Laws we pass

in this Assemblv

GEORGE BURRINGTON

The House adjourned till Monday morning nine of the Clock.

A BLACKALL O^ of Assembly.

640 COLONIAL RECORDS.

Monday Nov' y* 11^

Met aoeording to adjournment

The House takeing into consideration y* Subject matter of the New
precincts which had been considered of in the last assembly It is Ordered
that Bills be brought in to establish three new precincts by the names of
Edgecombe, Onslow, & Bladen with proper Boundaries so as not to
Injure the Neighbouring Precincts and to Assertain y* Number of rep-
resentatives for each prect And that M' Hodgson & M' Lane be a Com-
mittee for preparing the Bill

The House adjourned 'till three of the Cl(K»k.

Met according to Adjournment.

Read y* i)etition of the Inhabitants of Bear River &c praying y* same
might be erected into a Prec»inct.

Ordered that M' Sindare & M' Lane be a committee to prepare a Bill
for the same.

Read the petition of y* Inhabitants of Hide precinct praying that they
might have a Court and Magistracy erected in their precinct as other
precincts have. This House is of Oj^nion that the said precinct ought
to have a Court and the same priviledges as other precipts in the Country
of Bath have and enjoy.

Sent to the Upper House for concurrence

By M' Sinclare &
M' Cording

Read a Bill entituled a Bill for an Act Appointing that part of Bertie
precinct which lies on the South Side of Roanoak river to he Establisht
a precinct by y* name of Edgecombe.
Sent to the upper House for Concurrent
By M' Sinclare &

M' Cording.
The House Adjourned to Tomorrow Morning nine of the Clock

ABRA BLACKALL O*' of Assembly.

Tuesday Nov' y' 12**

Met According to Adjour*

Read the petition of y* Inhabitants of Pas<]Uotank precinct, praying
t that the North Eauit parish of the precinct aforesaid might be erected

J into a precinct

! Orderd that M' Ch" Sawyer and M' Gabriel Burnham be a Commit-

I tee to prepare and bring in a Bill for the same.

«

COLONIAL RECORDS. 641

The erecting Tyrril prec* by Act of the Biennial Assembly in the
year 1729 not having been duly observed, it is Orderd to prevent any
dispute concerning the same that M' Bonner & M' Luten do prepare &
bring in a Bill to Establish y* same precinct

M' John Etheridge & M' John Mann appeared and were Qualify ed
before Col Hanmer & Col Gaston

The House adj** till y* afternoon

Met according to adjournment

Read a bill entituled a bill for an Act for erecting the west part of
Carteret precinct from Bartrums Creek on Bogue Sound, and the East
part of Hanover precinct from new Topsail Inlet & Creek in Bath
County into a seperate precinct & parish by the name of the precinct
and parish of Onslow

Passed the first time & Sent to y* Upper House

By M' Bonner &
M' Luten

Rec'* from the upper House the petition the Inhabitants of Hyde pre-
cinct with the following endorsements

Monday Nov' y* 11**^ 1734

Read in the upper House & concurred with and Order'd that the same
be sent to His Excel 1^ for His Concurrence.

By Order

R FORSTER O* of the Upper House

November the 12"^ 1734

I concur witli this petition GEO BURRINGTON

Rec'* from the upper House the Bill entituled a Bill for an Act appoint-
ing y* part of Bertie pre(!inct which lies on the South side of Roanoakc
River to be Establisht a prec^inct by the name of Edgecombe passed in
the upper House

Reed from the Upper House the Bill for an Act for the better and
more effectual encourageing & promoting y* Trade of this province

Passed in the upper House

Read in the House certain propositions from the Inhabitants of y*
part of the province commonly called Edgecombe precinct. Order'd that
the same be taken into consideration on this day Sen'nights and that in
the mean time any Meml)er is allowed to frame such Bill as he thinke
proper on the subject matter of the same
81

642 CX)LONIAL RECORDS.

Read the first time a bill entituled an Act for the enlarging and Es-
tablishing the power and Jurisdiction of the precincts Court and the
Magistrates thereof^ and also to regulate divers proceedings therein and
passed

Sent to the upper House

By M' Bonner &
M' Luten

Read a Second time the Bill entituled a Bill for an Act appointing
that part of Bertie precinct which lies on the South side of Roanoake
river to be establisht a precinct by the name of Edgecombe and passed
with amendments

Sent to the upper House

By M' Bonner &
M' Lut€n

Read Cap* Grales proposals for Buoying and Beaconing Ocacock Inlet.

Ordered that the Same lye on the table till tomorrow Morning for fur-
ther Consideration. Read a Second time the bill for an Act for the bet-
ter and more effectual encouraging and promoteing the Trade of this
province and passed with amendments

Sent to the upper House.

By M' Badham &
M' Clayton

M' Speaker acquainting this House that by a letter from Col Maurice
Moore of Cape Fair dated October y* 29*** he was informed that His
Exoe"^ Grabriel Johnston Eisq" His Majesty's Govern' of this province
arrived at Cape Fair y* 27"" of October, to confirm which News M'
Speaker produced a letter of Gov' Johnston's writing at Cape Fair Barr
dated October y* 27*** that was enclosed to him by Col Moore to be sent
express to William Smith Esq" Chief Justice of North Carolina —
whereupon it was proposed that this House should send two of the
Members to wait on His Excellency to congratulate His Arrival.

The House adjourned 'till tomorrow morning nine of the clock

ABRA BLACKALL C**' of Assembly.

Wednesday Nov' y* 13***
The House met according to adjournment

Read a Bill entituled a Bill for an Act for erecting the North East
parish of Pasquotank precinct into a Seperate precinct by the name of
passed the first time

COLONIAL RECORDS. 643

It being certifyeil by Pr(K*lamation from His Excc"^ Gov' Johnston
that He hath publisht his Commission at Cape Fair in Open Council it
is therefore unanimous Opinion of this House that they proceed no
further in Business.

By Order
ABRA BLACKALL O^ of As.sembly

a bios oia ita ii3

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Stanford, California

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